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 pass 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 here. 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 term 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 the 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 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 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 is 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 upon a failure.

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

compact may, when they feel aggrieved, depart from it; but it is

precisely because it is a compact that they cannot. A contract 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 cannot 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 and

undivided sovereignty of the States, and of 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 judicial and

legislative powers, were all 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 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 a 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

oppression 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

these 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 the obligation.

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 sacrifice of interest 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 enormous 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. Every one 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 acquiesce 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 a 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 in 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 has 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 effect 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 a 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 our

staple commodity, lowered by over-production 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 burdens were in proportion to your exports,

not to your consumption of imported articles. Your pride was roused by

the assertions that a submission to these 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 burdens. 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 unconstitutionality 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

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 every one, 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 principles 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 our 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 has commenced. The nearly approaching payment of the

public debt, and the consequent necessity of a diminution of duties, had

already caused 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 burdens 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

apprehensive of the effect of this change in allaying your discontents,

you were precipitated into a fearful state in which you now find

yourselves.

Key-Notes of American Liberty Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time · 第 6 / 13 段