BY ANDREW JACKSON, PRESIDENT OF THE UNITED STATES.

Whereas a convention assembled in the State of South Carolina have

passed an ordinance by which they declare "that the several acts and

parts of acts of the Congress of the United States purporting to be laws

for the imposing of duties and imposts on the importation of foreign

commodities, and now having actual operation and effect within the

United States, and more especially" two acts for the same purposes

passed on the 29th of May, 1828, and on the 14th of July, 1832, "are

unauthorized by the Constitution of the United States, and violate the

true meaning and intent thereof, and are null and void and no law," nor

binding on the citizens of that State or its officers; and by the said

ordinance it is further declared to be unlawful for any of the

constituted authorities of the State or of the United States to enforce

the payment of the duties imposed by the said acts within the same

State, and that it is the duty of the legislature to pass such laws as

may be necessary to give full effect to the said ordinance; and

Whereas by the said ordinance it is further ordained that in no case of

law or equity decided in the courts of said State wherein shall be drawn

in question the validity of the said ordinance, or of the acts of the

legislature that may be passed to give it effect, or of the said laws of

the United States, no appeal shall be allowed to the Supreme Court of

the United States, nor shall any copy of the record be permitted or

allowed for that purpose, and that any person attempting to take such

appeal shall be punished as for contempt of court; and, finally, the

said ordinance declares that the people of South Carolina will maintain

the said ordinance at every hazard, and that they will consider the

passage of any act by Congress abolishing or closing the ports of the

said State or otherwise obstructing the free ingress or egress of

vessels to and from the said ports, or any other act of the Federal

Government to coerce the State, shut up her ports, destroy or harass her

commerce, or to enforce the said acts otherwise than through the civil

tribunals of the country, as inconsistent with the longer continuance of

South Carolina in the Union, and that the people of the said State will

thenceforth hold themselves absolved from all further obligation to

maintain or preserve their political connection with the people of the

other States, and will forthwith proceed to organize a separate

government and do all other acts and things which sovereign and

independent states may of right do; and

Whereas the said ordinance prescribes to the people of South Carolina a

course of conduct in direct violation of their duty as citizens of the

United States, contrary to the laws of their country, subversive of its

Constitution, and having for its object the destruction of the

Union--that Union which, coeval with our political existence, led our

fathers, without any other ties to unite them than those of patriotism

and a common cause, through a sanguinary struggle to a glorious

independence; that sacred Union, hitherto inviolate, which, perfected by

our happy Constitution, has brought us, by the favor of Heaven, to a

state of prosperity at home and high consideration abroad rarely, if

ever, equaled in the history of nations:

To preserve this bond of our political existence from destruction, to

maintain inviolate this state of national honor and prosperity, and to

justify the confidence my fellow-citizens have reposed in me, I, Andrew

Jackson, President of the United States, have thought proper to issue

this my proclamation, stating my views of the Constitution and laws

applicable to the measures adopted by the convention of South Carolina

and to the reasons they have put forth to sustain them, declaring the

course which duty will require me to pursue, and, appealing to the

understanding and patriotism of the people, warn them of the

consequences that must inevitably result from an observance of the

dictates of the convention.

Strict duty would require of me nothing more than the exercise of those

powers with which I am now or may hereafter be invested for preserving

the peace of the Union and for the execution of the laws; but the

imposing aspect which opposition has assumed in this case, by clothing

itself with State authority, and the deep interest which the people of

the United States must all feel in preventing a resort to stronger

measures while there is a hope that anything will be yielded to

reasoning and remonstrance, perhaps demand, and will certainly justify,

a full exposition to South Carolina and the nation of the views I

entertain of this important question, as well as a distinct enunciation

of the course which my sense of duty will require me to pursue.

The ordinance is founded, not on the indefeasible right of resisting

acts which are plainly unconstitutional and too oppressive to be

endured, but on the strange position that any one State may not only

declare an act of Congress void, but prohibit its execution; that they

may do this consistently with the Constitution; that the true

construction of that instrument permits a State to retain its place in

the Union and yet be bound by no other of its laws than those it may

choose to consider as constitutional. It is true, they add, that to

justify this abrogation of a law it must be palpably contrary to the

Constitution; but it is evident that to give the right of resisting laws

of that description, coupled with the uncontrolled right to decide what

laws deserve that character, is to give the power of resisting all laws;

for as by the theory there is no appeal, the reasons alleged by the

State, good or bad, must prevail. If it should be said that public

opinion is a sufficient check against the abuse of this power, it may be

asked why it is not deemed a sufficient guard against the passage of an

unconstitutional act by Congress? There is, however, a restraint in this

last case which makes the assumed power of a State more indefensible,

and which does not exist in the other. There are two appeals from an

unconstitutional act passed by Congress--one to the judiciary, the other

to the people and the States. There is no appeal from the State decision

in theory, and the practical illustration shows that the courts are

closed against an application to review it, both judges and jurors being

sworn to decide in its favor. But reasoning on this subject is

superfluous when our social compact, in express terms, declares that the

laws of the United States, its Constitution, and treaties made under it

are the supreme law of the land, and, for greater caution, adds "that

the judges in every State shall be bound thereby, anything in the

constitution or laws of any State to the contrary notwithstanding." And

it may be asserted without fear of refutation that no federative

government could exist without a similar provision. Look for a moment to

the consequence. If South Carolina considers the revenue laws

unconstitutional and has a right to prevent their execution in the port

of Charleston, there would be a clear constitutional objection to their

collection in every other port; and no revenue could be collected

anywhere, for all imposts must be equal. It is no answer to repeat that

an unconstitutional law is no law so long as the question of its

legality is to be decided by the State itself, for every law operating

injuriously upon any local interest will be perhaps thought, and

certainly represented, as unconstitutional, and, as has been shown,

there is no appeal.

If this doctrine had been established at an earlier day, the Union would

have been dissolved in its infancy. The excise law in Pennsylvania, the

embargo and nonintercourse law in the Eastern States, the carriage tax

in Virginia, were all deemed unconstitutional, and were more unequal in

their operation than any of the laws now complained of; but,

fortunately, none of those States discovered that they had the right now

claimed by South Carolina. The war into which we were forced to support

the dignity of the nation and the rights of our citizens might have

ended in defeat and disgrace, instead of victory and honor, if the

States who supposed it a ruinous and unconstitutional measure had

thought they possessed the right of nullifying the act by which it was

declared and denying supplies for its prosecution. Hardly and unequally

as those measures bore upon several members of the Union, to the

legislatures of none did this efficient and peaceable remedy, as it is

called, suggest itself. The discovery of this important feature in our

Constitution was reserved to the present day. To the statesmen of South

Carolina belongs the invention, and upon the citizens of that State will

unfortunately fall the evils of reducing it to practice.

If the doctrine of a State veto upon the laws of the Union carries with

it internal evidence of its impracticable absurdity, our constitutional

history will also afford abundant proof that it would have been

repudiated with indignation had it been proposed to form a feature in

our Government.

In our colonial state, although dependent on another power, we very

early considered ourselves as connected by common interest with each

other. Leagues were formed for common defense, and before the

declaration of independence we were known in our aggregate character as

_the United Colonies of America_. That decisive and important step was

taken jointly. We declared ourselves a nation by a joint, not by several

acts, and when the terms of our Confederation were reduced to form it

was in that of a solemn league of several States, by which they agreed

that they would collectively form one nation for the purpose of

conducting some certain domestic concerns and all foreign relations. In

the instrument forming that Union is found an article which declares

that "every State shall abide by the determinations of Congress on all

questions which by that Confederation should be submitted to them."

Under the Confederation, then, no State could legally annul a decision

of the Congress or refuse to submit to its execution; but no provision

was made to enforce these decisions. Congress made requisitions, but

they were not complied with. The Government could not operate on

individuals. They had no judiciary, no means of collecting revenue.

But the defects of the Confederation need not be detailed. Under its

operation we could scarcely be called a nation. We had neither

prosperity at home nor consideration abroad. This state of things could

not be endured, and our present happy Constitution was formed, but

formed in vain if this fatal doctrine prevails. It was formed for

important objects that are announced in the preamble, made in the name

and by the authority of the people of the United States, whose delegates

framed and whose conventions approved it. The most important among these

objects--that which is placed first in rank, on which all the others

rest--is "_to form a more perfect union_." Now, is it possible that even

if there were no express provision giving supremacy to the Constitution

and laws of the United States over those of the States, can it be

conceived that an instrument made for the purpose of "_forming a more

perfect union_" than that of the Confederation could be so constructed

by the assembled wisdom of our country as to substitute for that

Confederation a form of government dependent for its existence on the

local interest, the party spirit, of a State, or of a prevailing faction

in a State? Every man of plain, unsophisticated understanding who hears

the question will give such an answer as will preserve the Union.

Metaphysical subtlety, in pursuit of an impracticable theory, could

alone have devised one that is calculated to destroy it.

I consider, then, the power to annul a law of the United States, assumed

by one State, _incompatible with the existence of the Union,

contradicted expressly by the letter of the Constitution, unauthorised

by its spirit, inconsistent with every principle on which it was

founded, and destructive of the great object for which it was formed_.

After this general view of the leading principle, we must examine the

particular application of it which is made in the ordinance.

The preamble rests its justification on these grounds: It assumes as a

fact that the obnoxious laws, although they purport to be laws for

raising revenue, were in reality intended for the protection of

manufactures, which purpose it asserts to be unconstitutional; that the

operation of these laws is unequal; that the amount raised by them is

greater than is required by the wants of the Government; and, finally,

that the proceeds are to be applied to objects unauthorized by the

Constitution. These are the only causes alleged to justify an open

opposition to the laws of the country and a threat of seceding from the

Union if any attempt should be made to enforce them. The first virtually

acknowledges that the law in question was passed under a power expressly

given by the Constitution to lay and collect imposts; but its

constitutionality is drawn in question from the _motives_ of those who

passed it. However apparent this purpose may be in the present case,

nothing can be more dangerous than to admit the position that an

unconstitutional purpose entertained by the members who assent to a law

enacted under a constitutional power shall make that law void. For how

is that purpose to be ascertained? Who is to make the scrutiny? How

often may bad purposes be falsely imputed, in how many cases are they

concealed by false professions, in how many is no declaration of motive

made? Admit this doctrine, and you give to the States an uncontrolled

right to decide, and every law may be annulled under this pretext. If,

therefore, the absurd and dangerous doctrine should be admitted that a

State may annul an unconstitutional law, or one that it deems such, it

will not apply to the present case.

The next objection is that the laws in question operate unequally. This

objection may be made with truth to every law that has been or can be

passed. The wisdom of man never yet contrived a system of taxation that

would operate with perfect equality. If the unequal operation of a law

makes it unconstitutional, and if all laws of that description may be

abrogated by any State for that cause, then, indeed, is the Federal

Constitution unworthy of the slightest effort for its preservation. We

have hitherto relied on it as the perpetual bond of our Union; we have

received it as the work of the assembled wisdom of the nation; we have

trusted to it as to the sheet anchor of our safety in the stormy times

of conflict with a foreign or domestic foe; we have looked to it with

sacred awe as the palladium of our liberties, and with all the

solemnities of religion have pledged to each other our lives and

fortunes here and our hopes of happiness hereafter in its defense and

support. Were we mistaken, my countrymen, in attaching this importance

to the Constitution of our country? Was our devotion paid to the

wretched, inefficient, clumsy contrivance which this new doctrine would

make it? Did we pledge ourselves to the support of an airy nothing--a

bubble that must be blown away by the first breath of disaffection? Was

this self-destroying, visionary theory the work of the profound

statesmen, the exalted patriots, to whom the task of constitutional

reform was intrusted? Did the name of Washington sanction, did the

States deliberately ratify, such an anomaly in the history of

fundamental legislation? No; we were not mistaken. The letter of this

great instrument is free from this radical fault. Its language directly

contradicts the imputation; its spirit, its evident intent, contradicts

it. No; we did not err. Our Constitution does not contain the absurdity

of giving power to make laws and another to resist them. The sages whose

memory will always be reverenced have given us a practical and, as they

hoped, a permanent constitutional compact. The Father of his Country did

not affix his revered name to so palpable an absurdity. Nor did the

States, when they severally ratified it, do so under the impression that

a veto on the laws of the United States was reserved to them or that

they could exercise it by implication. Search the debates in all their

conventions, examine the speeches of the most zealous opposers of

Federal authority, look at the amendments that were proposed; they are

all silent--not a syllable uttered, not a vote given, not a motion made

to correct the explicit supremacy given to the laws of the Union over

those of the States, or to show that implication, as is now contended,

could defeat it. No; we have not erred. The Constitution is still the

object of our reverence, the bond of our Union, our defense in danger,

the source of our prosperity in peace. It shall descend, as we have

received it, uncorrupted by sophistical construction, to our posterity;

and the sacrifices of local interest, of State prejudices, of personal

animosities, that were made to bring it into existence, will again be

patriotically offered for its support.

The two remaining objections made by the ordinance to these laws are

that the sums intended to be raised by them are greater than are

required and that the proceeds will be unconstitutionally employed.

The Constitution has given, expressly, to Congress the right of raising

revenue and of determining the sum the public exigencies will require.

The States have no control over the exercise of this right other than

that which results from the power of changing the representatives who

abuse it, and thus procure redress. Congress may undoubtedly abuse this

discretionary power; but the same may be said of others with which they

are vested. Yet the discretion must exist somewhere. The Constitution

has given it to the representatives of all the people, checked by the

representatives of the States and by the Executive power. The South

Carolina construction gives it to the legislature or the convention of a

single State, where neither the people of the different States, nor the

States in their separate capacity, nor the Chief Magistrate elected by

the people have any representation. Which is the most discreet

disposition of the power? I do not ask you, fellow-citizens, which is

the constitutional disposition; that instrument speaks a language not to

be misunderstood. But if you were assembled in general convention, which

would you think the safest depository of this discretionary power in the

last resort? Would you add a clause giving it to each of the States, or

would you sanction the wise provisions already made by your

Constitution? If this should be the result of your deliberations when

providing for the future, are you, can you, be ready to risk all that we

hold dear, to establish, for a temporary and a local purpose, that which

you must acknowledge to be destructive, and even absurd, as a general

provision? Carry out the consequences of this right vested in the

different States, and you must perceive that the crisis your conduct

presents at this day would recur whenever any law of the United States

displeased any of the States, and that we should soon cease to be a

nation.

The ordinance, with the same knowledge of the future that characterizes

a former objection, tells you that the proceeds of the tax will be

unconstitutionally applied. If this could be ascertained with certainty,

the objection would with more propriety be reserved for the law so

applying the proceeds, but surely can not be urged against the laws

levying the duty.

These are the allegations contained in the ordinance. Examine them

seriously, my fellow-citizens; judge for yourselves. I appeal to you to

determine whether they are so clear, so convincing, as to leave no doubt

of their correctness; and even if you should come to this conclusion,

how far they justify the reckless, destructive course which you are

directed to pursue. Review these objections and the conclusions drawn

from them once more. What are they? Every law, then, for raising

revenue, according to the South Carolina ordinance, may be rightfully

annulled, unless it be so framed as no law ever will or can be framed.

Congress have a right to pass laws for raising revenue and each State

have a right to oppose their execution--two rights directly opposed to

each other; and yet is this absurdity supposed to be contained in an

instrument drawn for the express purpose of avoiding collisions between

the States and the General Government by an assembly of the most

enlightened statesmen and purest patriots ever embodied for a similar

purpose.

In vain have these sages declared that Congress shall have power to lay

and collect taxes, duties, imposts, and excises; in vain have they

provided that they shall have power to pass laws which shall be

necessary and proper to carry those powers into execution, that those

laws and that Constitution shall be the "supreme law of the land, and

that the judges in every State shall be bound thereby, anything in the

constitution or laws of any State to the contrary notwithstanding;" in

vain have the people of the several States solemnly sanctioned these

provisions, made them their paramount law, and individually sworn to

support them whenever they were called on to execute any office. Vain

provisions! ineffectual restrictions! vile profanation of oaths!

miserable mockery of legislation! if a bare majority of the voters in

any one State may, on a real or supposed knowledge of the intent with

which a law has been passed, declare themselves free from its operation;

say, here it gives too little; there, too much, and operates unequally;

here it suffers articles to be free that ought to be taxed; there it

taxes those that ought to be free; in this case the proceeds are

intended to be applied to purposes which we do not approve; in that, the

amount raised is more than is wanted. Congress, it is true, are invested

by the Constitution with the right of deciding these questions according

to their sound discretion. Congress is composed of the representatives

of all the States and of all the people of all the States. But _we_,

part of the people of one State, to whom the Constitution has given no

power on the subject, from whom it has expressly taken it away; _we_,

who have solemnly agreed that this Constitution shall be our law; _we_,

most of whom have sworn to support it--_we_ now abrogate this law and

swear, and force others to swear, that it shall not be obeyed; and we do

this not because Congress have no right to pass such laws--this we do

not allege--but because they have passed them with improper views. They

are unconstitutional from the motives of those who passed them, which we

can never with certainty know; from their unequal operation, although it

is impossible, from the nature of things, that they should be equal; and

from the disposition which we presume may be made of their proceeds,

although that disposition has not been declared. This is the plain

meaning of the ordinance in relation to laws which it abrogates for

alleged unconstitutionality. But it does not stop there. It repeals in

express terms an important part of the Constitution itself and of laws

passed to give it effect, which have never been alleged to be

unconstitutional.

The Constitution declares that the judicial powers of the United States

extend to cases arising under the laws of the United States, and that

such laws, the Constitution, and treaties shall be paramount to the

State constitutions and laws. The judiciary act prescribes the mode by

which the case may be brought before a court of the United States by

appeal when a State tribunal shall decide against this provision of the

Constitution. The ordinance declares there shall be no appeal--makes the

State law paramount to the Constitution and laws of the United States,

forces judges and jurors to swear that they will disregard their

provisions, and even makes it penal in a suitor to attempt relief by

appeal. It further declares that it shall not be lawful for the

authorities of the United States or of that State to enforce the payment

of duties imposed by the revenue laws within its limits.

Here is a law of the United States, not even pretended to be

unconstitutional, repealed by the authority of a small majority of the

voters of a single State. Here is a provision of the Constitution which

is solemnly abrogated by the same authority.

On such expositions and reasonings the ordinance grounds not only an

assertion of the right to annul the laws of which it complains, but to

enforce it by a threat of seceding from the Union if any attempt is made

to execute them.

This right to secede is deduced from the nature of the Constitution,

which, they say, is a compact between sovereign States who have

preserved their whole sovereignty and therefore are subject to no

superior; that because they made the compact they can break it when in

their opinion it has been departed from by the other States. Fallacious

as this course of reasoning is, it enlists State pride and finds

advocates in the honest prejudices of those who have not studied the

nature of our Government sufficiently to see the radical error on which

it rests.

The people of the United States formed the Constitution, acting through

the State legislatures in making the compact, to meet and discuss its

provisions, and acting in separate conventions when they ratified those

provisions; but the terms used in its construction show it to be a

Government in which the people of all the States, collectively, are

represented. We are _one people_ in the choice of President and

Vice-President. Here the States have no other agency than to direct the

mode in which the votes shall be given. The candidates having the

majority of all the votes are chosen. The electors of a majority of

States may have given their votes for one candidate, and yet another may

be chosen. The people, then, and not the States, are represented in the

executive branch.

In the House of Representatives there is this difference, that the

people of one State do not, as in the case of President and

Vice-President, all vote for the same officers. The people of all the

States do not vote for all the members, each State electing only its own

representatives. But this creates no material distinction. When chosen,

they are all representatives of the United States, not representatives

of the particular State from which they come. They are paid by the

United States, not by the State; nor are they accountable to it for any

act done in the performance of their legislative functions; and however

they may in practice, as it is their duty to do, consult and prefer the

interests of their particular constituents when they come in conflict

with any other partial or local interest, yet it is their first and

highest duty, as representatives of the United States, to promote the

general good.

The Constitution of the United States, then, forms a _government_, not a

league; and whether it be formed by compact between the States or in any

other manner, its character is the same. It is a Government in which all

the people are represented, which operates directly on the people

individually, not upon the States; they retained all the power they did

not grant. But each State, having expressly parted with so many powers

as to constitute, jointly with the other States, a single nation, can

not, from that period, possess any right to secede, because such

secession does not break a league, but destroys the unity of a nation;

and any injury to that unity is not only a breach which would result

from the contravention of a compact, but it is an offense against the

whole Union. To say that any State may at pleasure secede from the Union

is to say that the United States are not a nation, because it would be a

solecism to contend that any part of a nation might dissolve its

connection with the other parts, to their injury or ruin, without

committing any offense. Secession, like any other revolutionary act, may

be morally justified by the extremity of oppression, but to call it a

constitutional right is confounding the meaning of terms, and can only

be done through gross error or to deceive those who are willing to

assert a right, but would pause before they made a revolution or incur

the penalties consequent on a failure.

Because the Union was formed by a compact, it is said the parties to

that compact may, when they feel themselves aggrieved, depart from it;

but it is precisely because it is a compact that they can not. A compact

is an agreement or binding obligation. It may by its terms have a

sanction or penalty for its breach, or it may not. If it contains no

sanction, it may be broken with no other consequence than moral guilt;

if it have a sanction, then the breach incurs the designated or implied

penalty. A league between independent nations generally has no sanction

other than a moral one; or if it should contain a penalty, as there is

no common superior it can not be enforced. A government, on the

contrary, always has a sanction, express or implied; and in our case it

is both necessarily implied and expressly given. An attempt, by force of

arms, to destroy a government is an offense, by whatever means the

constitutional compact may have been formed; and such government has the

right by the law of self-defense to pass acts for punishing the

offender, unless that right is modified, restrained, or resumed by the

constitutional act. In our system, although it is modified in the case

of treason, yet authority is expressly given to pass all laws necessary

to carry its powers into effect, and under this grant provision has been

made for punishing acts which obstruct the due administration of the

laws.

It would seem superfluous to add anything to show the nature of that

union which connects us, but as erroneous opinions on this subject are

the foundation of doctrines the most destructive to our peace, I must

give some further development to my views on this subject. No one,

fellow-citizens, has a higher reverence for the reserved rights of the

States than the Magistrate who now addresses you. No one would make

greater personal sacrifices or official exertions to defend them from

violation; but equal care must be taken to prevent, on their part, an

improper interference with or resumption of the rights they have vested

in the nation. The line has not been so distinctly drawn as to avoid

doubts in some cases of the exercise of power. Men of the best

intentions and soundest views may differ in their construction of some

parts of the Constitution; but there are others on which dispassionate

reflection can leave no doubt. Of this nature appears to be the assumed

right of secession. It rests, as we have seen, on the alleged undivided

sovereignty of the States and on their having formed in this sovereign

capacity a compact which is called the Constitution, from which, because

they made it, they have the right to secede. Both of these positions are

erroneous, and some of the arguments to prove them so have been

anticipated.

The States severally have not retained their entire sovereignty. It has

been shown that in becoming parts of a nation, not members of a league,

they surrendered many of their essential parts of sovereignty. The right

to make treaties, declare war, levy taxes, exercise exclusive judicial

and legislative powers, were all of them functions of sovereign power.

The States, then, for all these important purposes were no longer

sovereign. The allegiance of their citizens was transferred, in the

first instance, to the Government of the United States; they became

American citizens and owed obedience to the Constitution of the United

States and to laws made in conformity with the powers it vested in

Congress. This last position has not been and can not be denied. How,

then, can that State be said to be sovereign and independent whose

citizens owe obedience to laws not made by it and whose magistrates are

sworn to disregard those laws when they come in conflict with those

passed by another? What shows conclusively that the States can not be

said to have reserved an undivided sovereignty is that they expressly

ceded the right to punish treason--not treason against their separate

power, but treason against the United States. Treason is an offense

against _sovereignty_, and sovereignty must reside with the power to

punish it. But the reserved rights of the States are not less sacred

because they have, for their common interest, made the General

Government the depository of these powers. The unity of our political

character (as has been shown for another purpose) commenced with its

very existence. Under the royal Government we had no separate character;

our opposition to its oppressions began as _united colonies_. We were

the _United States_ under the Confederation, and the name was

perpetuated and the Union rendered more perfect by the Federal

Constitution. In none of these stages did we consider ourselves in any

other light than as forming one nation. Treaties and alliances were made

in the name of all. Troops were raised for the joint defense. How, then,

with all these proofs that under all changes of our position we had, for

designated purposes and with defined powers, created national

governments, how is it that the most perfect of those several modes of

union should now be considered as a mere league that may be dissolved at

pleasure? It is from an abuse of terms. Compact is used as synonymous

with league, although the true term is not employed, because it would at

once show the fallacy of the reasoning. It would not do to say that our

Constitution was only a league, but it is labored to prove it a compact

(which in one sense it is) and then to argue that as a league is a

compact every compact between nations must of course be a league, and

that from such an engagement every sovereign power has a right to

recede. But it has been shown that in this sense the States are not

sovereign, and that even if they were, and the national Constitution had

been formed by compact, there would be no right in any one State to

exonerate itself from its obligations.

So obvious are the reasons which forbid this secession that it is

necessary only to allude to them. The Union was formed for the benefit

of all. It was produced by mutual sacrifices of interests and opinions.

Can those sacrifices be recalled? Can the States who magnanimously

surrendered their title to the territories of the West recall the grant?

Will the inhabitants of the inland States agree to pay the duties that

may be imposed without their assent by those on the Atlantic or the Gulf

for their own benefit? Shall there be a free port in one State and

onerous duties in another? No one believes that any right exists in a

single State to involve all the others in these and countless other

evils contrary to engagements solemnly made. Everyone must see that the

other States, in self-defense, must oppose it at all hazards.

These are the alternatives that are presented by the convention--a

repeal of all the acts for raising revenue, leaving the Government

without the means of support, or an acquiescence in the dissolution of

our Union by the secession of one of its members. When the first was

proposed, it was known that it could not be listened to for a moment. It

was known, if force was applied to oppose the execution of the laws,

that it must be repelled by force; that Congress could not, without

involving itself in disgrace and the country in ruin, accede to the

proposition; and yet if this is not done in a given day, or if any

attempt is made to execute the laws, the State is by the ordinance

declared to be out of the Union. The majority of a convention assembled

for the purpose have dictated these terms, or rather this rejection of

all terms, in the name of the people of South Carolina. It is true that

the governor of the State speaks of the submission of their grievances

to a convention of all the States, which, he says, they "sincerely and

anxiously seek and desire." Yet this obvious and constitutional mode of

obtaining the sense of the other States on the construction of the

federal compact, and amending it if necessary, has never been attempted

by those who have urged the State on to this destructive measure. The

State might have proposed the call for a general convention to the other

States, and Congress, if a sufficient number of them concurred, must

have called it. But the first magistrate of South Carolina, when he

expressed a hope that "on a review by Congress and the functionaries of

the General Government of the merits of the controversy" such a

convention will be accorded to them, must have known that neither

Congress nor any functionary of the General Government has authority to

call such a convention unless it be demanded by two-thirds of the

States. This suggestion, then, is another instance of the reckless

inattention to the provisions of the Constitution with which this crisis

has been madly hurried on, or of the attempt to persuade the people that

a constitutional remedy had been sought and refused. If the legislature

of South Carolina "anxiously desire" a general convention to consider

their complaints, why have they not made application for it in the way

the Constitution points out? The assertion that they "earnestly seek" it

is completely negatived by the omission.

This, then, is the position in which we stand: A small majority of the

citizens of one State in the Union have elected delegates to a State

convention; that convention has ordained that all the revenue laws of

the United States must be repealed, or that they are no longer a member

of the Union. The governor of that State has recommended to the

legislature the raising of an army to carry the secession into effect,

and that he may be empowered to give clearances to vessels in the name

of the State. No act of violent opposition to the laws has yet been

committed, but such a state of things is hourly apprehended. And it is

the intent of this instrument to _proclaim_, not only that the duty

imposed on me by the Constitution "to take care that the laws be

faithfully executed" shall be performed to the extent of the powers

already vested in me by law, or of such others as the wisdom of Congress

shall devise and intrust to me for that purpose, but to warn the

citizens of South Carolina who have been deluded into an opposition to

the laws of the danger they will incur by obedience to the illegal and

disorganizing ordinance of the convention; to exhort those who have

refused to support it to persevere in their determination to uphold the

Constitution and laws of their country; and to point out to all the

perilous situation into which the good people of that State have been

led, and that the course they are urged to pursue is one of ruin and

disgrace to the very State whose rights they affect to support.

Fellow-citizens of _my_ native State, let me not only admonish you, as

the First Magistrate of our common country, not to incur the penalty of

its laws, but use the influence that a father would over his children

whom he saw rushing to certain ruin. In that paternal language, with

that paternal feeling, let me tell you, my countrymen, that you are

deluded by men who are either deceived themselves or wish to deceive

you. Mark under what pretenses you have been led on to the brink of

insurrection and treason on which you stand. First, a diminution of the

value of your staple commodity, lowered by overproduction in other

quarters, and the consequent diminution in the value of your lands were

the sole effect of the tariff laws. The effect of those laws was

confessedly injurious, but the evil was greatly exaggerated by the

unfounded theory you were taught to believe--that its burthens were in

proportion to your exports, not to your consumption of imported

articles. Your pride was roused by the assertion that a submission to

those laws was a state of vassalage and that resistance to them was

equal in patriotic merit to the opposition our fathers offered to the

oppressive laws of Great Britain. You were told that this opposition

might be peaceably, might be constitutionally, made; that you might

enjoy all the advantages of the Union and bear none of its burthens.

Eloquent appeals to your passions, to your State pride, to your native

courage, to your sense of real injury, were used to prepare you for the

period when the mask which concealed the hideous features of _disunion_

should be taken off. It fell, and you were made to look with complacency

on objects which not long since you would have regarded with horror.

Look back to the arts which have brought you to this state; look forward

to the consequences to which it must inevitably lead! Look back to what

was first told you as an inducement to enter into this dangerous course.

The great political truth was repeated to you that you had the

revolutionary right of resisting all laws that were palpably

unconstitutional and intolerably oppressive. It was added that the right

to nullify a law rested on the same principle, but that it was a

peaceable remedy. This character which was given to it made you receive

with too much confidence the assertions that were made of the

unconstitutionally of the law and its oppressive effects. Mark, my

fellow-citizens, that by the admission of your leaders the

unconstitutionality must be _palpable_, or it will not justify either

resistance or nullification. What is the meaning of the word _palpable_

in the sense in which it is here used? That which is apparent to

everyone; that which no man of ordinary intellect will fail to perceive.

Is the unconstitutionality of these laws of that description? Let those

among your leaders who once approved and advocated the principle of

protective duties answer the question; and let them choose whether they

will be considered as incapable then of perceiving that which must have

been apparent to every man of common understanding, or as imposing upon

your confidence and endeavoring to mislead you now. In either case they

are unsafe guides in the perilous path they urge you to tread. Ponder

well on this circumstance, and you will know how to appreciate the

exaggerated language they address to you. They are not champions of

liberty, emulating the fame of our Revolutionary fathers, nor are you an

oppressed people, contending, as they repeat to you, against worse than

colonial vassalage. You are free members of a flourishing and happy

Union. There is no settled design to oppress you. You have indeed felt

the unequal operation of laws which may have been unwisely, not

unconstitutionally, passed; but that inequality must necessarily be

removed. At the very moment when you were madly urged on to the

unfortunate course you have begun a change in public opinion had

commenced. The nearly approaching payment of the public debt and the

consequent necessity of a diminution of duties had already produced a

considerable reduction, and that, too, on some articles of general

consumption in your State. The importance of this change was underrated,

and you were authoritatively told that no further alleviation of your

burthens was to be expected at the very time when the condition of the

country imperiously demanded such a modification of the duties as should

reduce them to a just and equitable scale. But, as if apprehensive of

the effect of this change in allaying your discontents, you were

precipitated into the fearful state in which you now find yourselves.

I have urged you to look back to the means that were used to hurry you

on to the position you have now assumed and forward to the consequences

it will produce. Something more is necessary. Contemplate the condition

of that country of which you still form an important part. Consider its

Government, uniting in one bond of common interest and general

protection so many different States, giving to all their inhabitants the

proud title of _American citizen_, protecting their commerce, securing

their literature and their arts, facilitating their intercommunication,

defending their frontiers, and making their name respected in the

remotest parts of the earth. Consider the extent of its territory, its

increasing and happy population, its advance in arts which render life

agreeable, and the sciences which elevate the mind. See education

spreading the lights of religion, morality, and general information into

every cottage in this wide extent of our Territories and States. Behold

it as the asylum where the wretched and the oppressed find a refuge and

support. Look on this picture of happiness and honor and say, _We too

are citizens of America_. Carolina is one of these proud States; her

arms have defended, her best blood has cemented, this happy Union. And

then add, if you can, without horror and remorse, This happy Union we

will dissolve; this picture of peace and prosperity we will deface; this

free intercourse we will interrupt; these fertile fields we will deluge

with blood; the protection of that glorious flag we renounce; the very

name of Americans we discard. And for what, mistaken men? For what do

you throw away these inestimable blessings? For what would you exchange

your share in the advantages and honor of the Union? For the dream of a

separate independence--a dream interrupted by bloody conflicts with your

neighbors and a vile dependence on a foreign power. If your leaders

could succeed in establishing a separation, what would be your

situation? Are you united at home? Are you free from the apprehension of

civil discord, with all its fearful consequences? Do our neighboring

republics, every day suffering some new revolution or contending with

some new insurrection, do they excite your envy? But the dictates of a

high duty oblige me solemnly to announce that you can not succeed. The

laws of the United States must be executed. I have no discretionary

power on the subject; my duty is emphatically pronounced in the

Constitution. Those who told you that you might peaceably prevent their

execution deceived you; they could not have been deceived themselves.

They know that a forcible opposition could alone prevent the execution

of the laws, and they know that such opposition must be repelled. Their

object is disunion. But be not deceived by names. Disunion by armed

force is _treason_. Are you really ready to incur its guilt? If you are,

on the heads of the instigators of the act be the dreadful consequences;

on their heads be the dishonor, but on yours may fall the punishment. On

your unhappy State will inevitably fall all the evils of the conflict

you force upon the Government of your country. It can not accede to the

mad project of disunion, of which you would be the first victims. Its

First Magistrate can not, if he would, avoid the performance of his

duty. The consequence must be fearful for you, distressing to your

fellow-citizens here and to the friends of good government throughout

the world. Its enemies have beheld our prosperity with a vexation they

could not conceal; it was a standing refutation of their slavish

doctrines, and they will point to our discord with the triumph of

malignant joy. It is yet in your power to disappoint them. There is yet

time to show that the descendants of the Pinckneys, the Sumpters, the

Rutledges, and of the thousand other names which adorn the pages of your

Revolutionary history will not abandon that Union to support which so

many of them fought and bled and died. I adjure you, as you honor their

memory, as you love the cause of freedom, to which they dedicated their

lives, as you prize the peace of your country, the lives of its best

citizens, and your own fair fame, to retrace your steps. Snatch from the

archives of your State the disorganizing edict of its convention; bid

its members to reassemble and promulgate the decided expressions of your

will to remain in the path which alone can conduct you to safety,

prosperity, and honor. Tell them that compared to disunion all other

evils are light, because that brings with it an accumulation of all.

Declare that you will never take the field unless the star-spangled

banner of your country shall float over you; that you will not be

stigmatized when dead, and dishonored and scorned while you live, as the

authors of the first attack on the Constitution of your country. Its

destroyers you can not be. You may disturb its peace, you may interrupt

the course of its prosperity, you may cloud its reputation for

stability; but its tranquillity will be restored, its prosperity will

return, and the stain upon its national character will be transferred

and remain an eternal blot on the memory of those who caused the

disorder.

Fellow-citizens of the United States, the threat of unhallowed disunion,

the names of those once respected by whom it is uttered, the array of

military force to support it, denote the approach of a crisis in our

affairs on which the continuance of our unexampled prosperity, our

political existence, and perhaps that of all free governments may

depend. The conjuncture demanded a free, a full, and explicit

enunciation, not only of my intentions, but of my principles of action;

and as the claim was asserted of a right by a State to annul the laws of

the Union, and even to secede from it at pleasure, a frank exposition of

my opinions in relation to the origin and form of our Government and the

construction I give to the instrument by which it was created seemed to

be proper. Having the fullest confidence in the justness of the legal

and constitutional opinion of my duties which has been expressed, I rely

with equal confidence on your undivided support in my determination to

execute the laws, to preserve the Union by all constitutional means, to

arrest, if possible, by moderate and firm measures the necessity of a

recourse to force; and if it be the will of Heaven that the recurrence

of its primeval curse on man for the shedding of a brother's blood

should fall upon our land, that it be not called down by any offensive

act on the part of the United States.

Fellow-citizens, the momentous case is before you. On your undivided

support of your Government depends the decision of the great question it

involves--whether your sacred Union will be preserved and the blessing

it secures to us as one people shall be perpetuated. No one can doubt

that the unanimity with which that decision will be expressed will be

such as to inspire new confidence in republican institutions, and that

the prudence, the wisdom, and the courage which it will bring to their

defense will transmit them unimpaired and invigorated to our children.

May the Great Ruler of Nations grant that the signal blessings with

which He has favored ours may not, by the madness of party or personal

ambition, be disregarded and lost; and may His wise providence bring

those who have produced this crisis to see the folly before they feel

the misery of civil strife, and inspire a returning veneration for that

Union which, if we may dare to penetrate His designs, He has chosen as

the only means of attaining the high destinies to which we may

reasonably aspire.

(SEAL.)

In testimony whereof I have caused the seal of the United States to be

hereunto affixed, having signed the same with my hand. Done at the city

of Washington, this 10th day of December, A.D. 1832, and of the

Independence of the United States the fifty-seventh.

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