Showing posts with label The US Constitution. Show all posts
Showing posts with label The US Constitution. Show all posts

Tuesday, April 23, 2024

Thomas A. Glover to Senator Robert M. T. Hunter, June 23, 1855

NEW YORK, [N. Y.], June 23, 1855.

MY DEAR SIR: Desirous of urging, most strongly, upon you the necessity of your coming to New York to participate in the celebration of the Anniversary of the Young Men's Democratic Club I cannot but write you again upon this subject, having addressed you some days since from Baltimore.

This celebration is one of much importance at this time, and if successful will have much weight upon the results of the coming campaign in our state. A campaign that must decide the position of New York in 56, whether she will stand among her Sister States, supporting the time-honored principles of the National Democracy or whether she will be found aiding and abetting, giving vigor and sustaining the treasonable combinations of Whiggery and KnowNothingism, Abolitionism Maine lawism, proscription and Priest craft.

To aid and direct the Democracy of our State, in reestablishing her power, and asserting her supremacy we must look to Statesmen from beyond our geographical boundaries. Men who dare assert the majesty of the laws and whose courage and devotion has sustained the Republic in obedience to Constitutional enactments.

Within ourselves we have few, if any such men. Their alliances their preferences and their prejudices have lost them the confidence of the people and if the Democratic Masses of our State are to be united it must be through their reliance upon the young and untainted men of our State, advised, counselled and directed by the bold, vigorous minds of Southern men.

To ensure a co-operative action of the North and South to restore confidence and to complete their success the Democracy must profess and practice a common faith, vigorous in combatting error, valiant in vanquishing a Common enemy, they must adopt the principles of the early fathers of the Republic, they must go back to first principles they must stand where Washington, Jefferson Monroe and Jackson stood, pledged to sustain the Constitution of the nation, and pledged to sustain the individual rights of the States. Protecting themselves from assault from wishing and guaranteeing as just and an equal protection to their Sister States. And sir, we feel now, in our State that the hour is propitious that the Democracy of our State are prepared to take a conservative yet positive position upon these issues, and your coming among us at this time, will do much towards the speedy consummation of this result. We earnestly and cordially invite you. We offer you a sincere and cordial welcome to our city and cannot but hope you find your engagements such as to permit of your acceptance. We have also addressed Hon. M. R. Garnett and from the urgent manner of Mr. Wise as expressed in his letter to him I presume he will come.

SOURCE: Charles Henry Ambler, Editor, Annual Report of the American Historical Association for the Year 1916, in Two Volumes, Vol. II, Correspondence of Robert M. T. Hunter (1826-1876), p. 165-6

Sunday, April 14, 2024

Northern Sentiment

The following sweet morsel of her fierce defiance and blustering braggadocio appears in the Philadelphia Transcript, under the head of “Crush the Traitors.” It will be perused with more of pity than of anger toward the poor wretches whose ignorance would counsel its indorsement:

The Point has been reached where forbearance is a crime against our country. The seceding States, for five months past, have been perpetrating a continual series of outrages against the Constitution, against the common courtesy of nations and states, against all public decency and right. Whatever may have been their complaints or wrongs, they have resorted, not to any remedy of them, but to disgraceful violence, robbery, murder and treachery. They have spurned all offers of conciliation or adjustment; they have inaugurated wholesale schemes of revolution; they have made war upon the Union, simply because it attempted to victual its starving soldiers, and they have attacked and murdered volunteer troops peacefully marching to defend the capital. Virginia and Maryland are not out of the Union, and yet, instigated and applauded by the Cotton States, they commit monstrous acts of avowed treason. Baltimore has capped the climax by its cowardly assault upon unarmed men, and by its brutal murder of many of them.

Now the time has come to end all this. The slaveholding States must be taught a lesson that will never be forgotten—a lesson of fire and blood. Their threats, bluster, arrogance, and outrages must be forever terminated. They must be made to feel that they cannot and dare not arrest and assault our Union and our flag. They are as weak as they are insolent. The gigantic strength, the superior civilization, and the boundless resources of the free States are able to carry desolation from the Potomac to the Rio Grande. The whole North, from Maine to California, although usually “slow to wrath,” patient and forbearing, is at last fearlessly aroused. The descendants of the heroes of Bunker Hill, Saratoga, Brandywine, Tippecanoe, Chippawa, and Fort Meigs, are flying to arms. Presently the continent will resound under the stern and steady tramp of unprecedented myriads of the free laborers and mechanics of the North.

Let them finish their enterprise. Let them plant the stars, stripes, and eagles of an indissoluble Republic on the steeples of Richmond, Charleston and New Orleans. Let the traitor States be starved out by blockade and given to the swords and bayonets of stalwart freemen. No matter at what cost of treasure, blood and suffering, the slaveholding States must be scourged into decency, good behavior and subjection.

The cannon is now the sacred instrument of union, justice, and liberty. The Union heretofore has been a smiling angel of benignity. Now it must be an angel of death, scattering terror and destruction among its enemies. If necessary, myriads of Southern lives must be taken, Southern bodies given to the buzzards, Southern fields consigned to sterility, and Southern towns surrendered to the flames. Our flag must wave in triumph, though it float over seared and blackened expanses, over the ruins of razed cities. Our Union must be maintained, and our Constitution respected, and the supremacy of Federal law vindicated, if it requires armies of millions of men.

So let no true man shrink or flinch. All duties, all occasions must be postponed, until the cannon and the musket have restored decency to the South, and peace and order to our country.

Our only desire is that just such fellows as the valorous editor of the Transcript may be sent on the above delightful “enterprise.”

SOURCES: “Northern Sentiment,” The Memphis Daily Appeal, Memphis, Tennessee, Thursday, May 2, 1861, p. 1; "Specimens of Northern Civilization," Nashville Union and American, Nashville, Tennessee, May 22, 1861, p. 2.

Diary of Lieutenant-Colonel John Beatty: June 29, 1861

It is half-past eight o'clock, and we are still but eight miles from Clarksburg. We were informed this morning that the secession troops had left Buckhannon, and fallen back to their fortifications at Laurel Hill and Rich mountain. It is said General McClellan will be here to-morrow, and take command of the forces in person.

In enumerating the troops in this vicinity, I omitted to mention Colonel Robert McCook's Dutch regiment, which is in camp two miles from us. The Seventh Ohio Infantry is now at Clarksburg, and will, I think, move in this direction to-morrow.

Provisions outside of camp are very scarce. I took breakfast with a farmer this morning, and can say truly that I have eaten much better meals in my life. We had coffee without sugar, short-cake without butter, and a little salt pork, exceedingly fat. I asked him what the charge was, and he said "Ninepence," which means one shilling. I rejoiced his old soul by giving him two shillings.

The country people here have been grossly deceived by their political leaders. They have been made to believe that Lincoln was elected for the sole purpose of liberating the negro; that our army is marching into Virginia to free their slaves, destroy their property, and murder their families; that we, not they; have set the Constitution and laws at defiance, and that in resisting us they are simply defending their homes and fighting for their constitutional rights.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 11-12

Friday, April 5, 2024

Diary of Gideon Welles: Thursday, April 19, 1866

The President last evening addressed a large concourse who assembled under a call of soldiers and sailors who desired to serenade and thank him for a proclamation in their favor for government employment. His speech is bold and well enough if it was advisable that the Chief Magistrate should address such gatherings.

Senator Trumbull called upon me this morning for the first time in several months. It was to ask a favor, and for Mrs. Trumbull more than himself. I regretted that I could not without violating regulations grant it, for both of them have been a little miffed because I opposed his two great measures which have been vetoed. The speech of the President last evening was alluded to, and Trumbull was very emphatic in condemning Presidential speechmaking. We did not greatly differ on this subject, for it has never been regarded favorably by me. Sometimes it may be excusable, but omission is better than compliance with calls from irresponsible gatherings. Frequent harangues to promiscuous crowds lessen the dignity of the President.

Passing from this subject to the condition of the country, he asked me if I was willing, or would consent, that Senators and Representatives should be admitted to take part in the Government, coming from Rebel States and districts. I told him I was most assuredly willing, provided they were loyal and duly and properly elected. "Then," inquired he, "how could you deny one a seat in Congress from South Carolina during the existence of the Rebellion?" "That," said I, "is a different question, but I am by no means prepared to say I would not have been glad to have seen a true and loyal man like Andrew Johnson, or yourself, here from that State during the War. I regretted that more did not, like Johnson, remain in 1861. Would you have expelled them?" Without answering me direct, Trumbull became a good deal excited and was very emphatic against the Rebels. I said we would have no controversy on that point. I was not their apologist, though I was not their persecutor, now that the Rebellion was suppressed. They had greatly erred and wronged us, had slain our kindred and friends, wasted our treasure, etc., but he and I should not bear resentment. We had a country to care for and should, I thought, exert ourselves to promote reconciliation and reëstablish the Union in all its integrity at the earliest attainable moment.

"Without conditions?” inquired he. "The Constitution," replied I, "provides for all that is necessary to be done. The condition of affairs is anomalous, but the path is plain. Each State is entitled to the Senators and Representatives according to population. Why are eleven unrepresented and denied their rights by an arbitrary and despotic majority of Congress?"

He imputed the difficulty chiefly to the President, who, he declared, had failed to act up to the principles of his message; and he quoted a passage. I told him the course of the President I thought perfectly consistent and I knew it was honest. But why was Tennessee, for instance, more loyal than Kentucky, excluded from representation in either branch of Congress? He said the President was to blame for that, for had he not put his veto on the Freedmen's Bureau Bill, Tennessee, and he thought Arkansas and Louisiana also, would long before this have had their Representatives in Congress. I told him this did not appear to me very enlightened and correct statesmanship. Why those States should be denied their undoubted constitutional rights, because the President and Congress disagreed, I could not understand. He complained that the President was not frank, that he had advised civil rights in his message to all, and yet vetoed the very bill which confirmed those rights.

I remarked that the subject of civil rights—personal rights—belonged to the States, not to the Federal Government. The amendment to the Constitution had abolished slavery, and the blacks had the same remedies that the whites had to preserve their freedom. That undoubtedly some of the States would, at least for a time, make discriminating laws. Illinois, I presume, did, and I thought Connecticut also. He denied that Illinois made any distinction affecting the civil rights of the negro, and asked when and in what respects the civil rights were affected in Connecticut.

"Both States," said I, "deny them suffrage, which is claimed as a right by the extreme Radicals in Congress. He said there were not ten men in Congress who took that view; there were just eight, he finally remarked in the Senate, and perhaps double that number in the House. "But," said he, "suffrage is a privilege, not a right." I remarked I so considered it, but Sumner and others took a different view. "Well, then," said he, "in what other respects are the civil rights of the negro affected?" "He is not," said I, "by our laws put on terms of equality. He is not permitted to get into the jury box; he is not allowed to act as an appraiser of property under any circumstances, and there are other matters wherein distinctions are made." "These," replied he, "are all matters of privilege.”

What, then," said I, "do you mean by civil rights? Please to define it." "The right," replied he, "to his liberty, to go and come as he pleases, have the avails of his own labor, not to be restricted in that respect. Virginia," continued he, "has passed a law that they shall not leave the estate on which they reside without a permit." I know not that Virginia denies or restricts the right to emigrate. The other rights mentioned the negro possesses.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 487-90

Saturday, March 9, 2024

Daniel Webster to Josiah Randall & Others, November 14, 1850

Boston, November 14, 1850.

GENTLEMEN,—I have the honor to acknowledge the receipt of your letter of the 11th of this month, inviting me, in behalf of the friends of the Constitution and the Union, without distinction of party, resident in the city and county of Philadelphia, to attend a public meeting in that city on the 21st instant. I most sincerely wish that it was in my power to attend that meeting. That great central city is not only full of the friends of the Constitution, but full, also, of recollections connected with its adoption, and other great events in our history. In Philadelphia the first revolutionary Congress assembled. In Philadelphia the Declaration of Independence was made. In Philadelphia the Constitution was formed, and received the signatures of Washington and his associates; and now, when there is a spirit abroad evidently laboring to effect the separation of the Union, and the subversion of the Constitution, Philadelphia, of all places, seems the fittest for the assembling together of the friends of that Constitution, and that Union, to pledge themselves to one another and to the country to the last extremity.

My public duties, gentlemen, require my immediate presence in Washington; and for that reason, and that alone, I must deny myself the pleasure of accepting your invitation.

I have the honor, gentlemen, to be, with great regard, your fellow-citizen and humble servant,

DANIEL WEBSTER.

TO JOSIAH RANDALL, ISAAC HAZLEHURST, ROBERT M. LEE, C. INGERSOLL, JNO. W. FORNEY, JOHN S. RIDDLE.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Vol. 2, p. 403-4

Thursday, March 7, 2024

Senator John C. Calhoun: The Address of the Southern Delegates in Congress to their Constituents, January 15, 1849

We, whose names are hereunto annexed, address you in discharge of what we believe to be a solemn duty, on the most important subject ever presented for your consideration. We allude to the conflict between the two great sections of the Union, growing out of a difference of feeling and opinion in reference to the relation existing between the two races, the European and African, which inhabit the southern section, and the acts of aggression and encroachment to which it has led.

The conflict commenced not long after the acknowledgment of our independence, and has gradually increased until it has arrayed the great body of the North against the South on this most vital subject. In the progress of this conflict, aggression has followed aggression, and encroachment encroachment, until they have reached a point when a regard for your peace and safety will not permit us to remain longer silent. The object of this address is to give you a clear, correct, but brief account of the whole series of aggression and encroachments on your rights, with a statement of the dangers to which they expose you. Our object in making it is not to cause excitement, but to put you in full possession of all the facts and circumstances necessary to a full and just conception of a deep-seated disease, which threatens great danger to you and the whole body politic. We act on the impression, that in a popular government like ours, a true conception of the actual character and state of a disease is indispensable to effecting a cure.

We have made it a joint address, because we believe that the magnitude of the subject required that it should assume the most impressive and solemn form.

Not to go further back, the difference of opinion and feeling in reference to the relation between the two races, disclosed itself in the Convention that framed the Constitution, and constituted one of the greatest difficulties in forming it. After many efforts, it was overcome by a compromise, which provided in the first place, that representatives and direct taxes shall be apportioned among the States according to their respective numbers; and that, in ascertaining the number of each, five slaves shall be estimated as three. In the next, that slaves escaping into States where slavery does not exist, shall not be discharged from servitude, but shall be delivered up on claim of the party to whom their labor or service is due. In the third place, that Congress shall not prohibit the importation of slaves before the year 1808; but a tax not exceeding ten dollars may be imposed on each imported. And finally, that no capitation or direct tax shall be laid, but in proportion to federal numbers; and that no amendment of the Constitution, prior to 1808, shall affect this provision, nor that relating to the importation of slaves.

So satisfactory were these provisions, that the second, relative to the delivering up of fugitive slaves, was adopted unanimously, and all the rest, except the third, relative to the importation of slaves until 1808, with almost equal unanimity. They recognize the existence of slavery, and make a specific provision for its protection where it was supposed to be the most exposed. They go further, and incorporate it, as an important element, in determining the relative weight of the several States in the Government of the Union, and the respective burden they should bear in laying capitation and direct taxes. It was well understood at the time, that without them the Constitution would not have been adopted by the Southern States, and of course that they constituted elements so essential to the system that it never would have existed without them. The Northern States, knowing all this, ratified the Constitution, thereby pledging their faith, that faith has been kept and that pledge redeemed we shall next proceed to show.

With few exceptions of no great importance, the South had no cause to complain prior to the year 1819—a year, it is to be feared, destined to mark a train of events, bringing with them many, and great, and fatal disasters, on the country and its institutions. With it commenced the agitating debate on the question of the admission of Missouri into the Union. We shall pass by for the present this question, and others of the same kind, directly growing out of it, and shall proceed to consider the effects of that spirit of discord, which it roused up between the two sections. It first disclosed itself in the North, by hostility to that portion of the Constitution which provides for the delivering up of fugitive slaves. In its progress it led to the adoption of hostile acts, intended to render it of non-effect, and with so much success that it may be regarded now as practically expunged from the Constitution. How this has been effected will be next explained.

After a careful examination, truth constrains us to say, that it has been by a clear and palpable evasion of the Constitution. It is impossible for any provision to be more free from ambiguity or doubt. It is in the following words: "No person held to service, or labor, in one State, under the laws thereof, escaping into another State, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." All is clear. There is not an uncertain or equivocal word to be found in the whole provision. What shall not be done, and what shall be done, are fully and explicitly set forth. The former provides that the fugitive slave shall not be discharged from his servitude by any law or regulation of the State wherein he is found; and the latter, that he shall be delivered up on claim of his owner.

We do not deem it necessary to undertake to refute the sophistry and subterfuges by which so plain a provision of the Constitution has been evaded, and, in effect, annulled. It constitutes an essential part of the constitutional compact, and of course of the supreme law of the land. As such it is binding on all, the Federal and State Governments, the States and the individuals composing them. The sacred obligation of compact, and the solemn injunction of the supreme law, which legislators and judges, both Federal and State, are bound by oath to support, all unite to enforce its fulfilment, according to its plain meaning and true intent. What that meaning and intent are, there was no diversity of opinion in the better days of the Republic, prior to 1819. Congress, State Legislatures, State and Federal Judges and Magistrates, and people, all spontaneously placed the same interpretation on it. During that period none interposed impediments in the way of the owner seeking to recover his fugitive slave; nor did any deny his right to have every proper facility to enforce his claim to have him delivered up. It was then nearly as easy to recover one found in a Northern State, as one found in a neighboring Southern State. But this has passed away, and the provision is defunct, except perhaps in two States.1

When we take into consideration the importance and clearness of this provision, the evasion by which it has been set aside may fairly be regarded as one of the most fatal blows ever received by the South and the Union. This cannot be more concisely and correctly stated, than it has been by two of the learned judges of the Supreme Court of the United States. In one of his decisions2 Judge Story said: "Historically it is well known that the object of this clause was to secure to the citizens of the slaveholding States the complete right and title of ownership in their slaves, as property, in every State of the Union, into which they might escape, from the State wherein they were held in servitude." "The full recognition of this right and title was indispensable to the security of this species of property, in all the slaveholding States, and, indeed, was so vital to the preservation of their interests and institutions, that it cannot be doubted, that it constituted a fundamental article without the adoption of which the Union would not have been formed. Its true design was to guard against the doctrines and principles prevalent in the non-slaveholding States, by preventing them from intermeddling with, or restricting, or abolishing the rights of the owners of slaves."

Again: "The clause was therefore of the last importance to the safety and security of the Southern States, and could not be surrendered by them without endangering their whole property in slaves. The clause was accordingly adopted in the Constitution by the unanimous consent of the framers of it—a proof at once of its intrinsic and practical necessity."

Again: "The clause manifestly contemplates the existence of a positive unqualified right on the part of the owner of the slave, which no State law or regulation can in any way regulate, control, qualify, or restrain."

The opinion of the other learned judges was not less emphatic as to the importance of this provision and the unquestionable right of the South under it. Judge Baldwin, in charging the jury, said:3 "If there are any rights of property which can be enforced, if one citizen have any rights of property which are inviolable under the protection of the supreme law of the State, and the Union, they are those which have been set at nought by some of these defendants. As the owner of property, which he had a perfect right to possess, protect, and take away—as a citizen of a sister State, entitled to all the privileges and immunities of citizens of any other States—Mr. Johnson stands before you on ground which cannot be taken from under him—it is the same ground on which the Government itself is based. If the defendants can be justified, we have no longer law or government." Again, after referring more particularly to the provision for delivering up fugitive slaves, he said: "Thus you see, that the foundations of the Government are laid, and rest on the right of property in slaves. The whole structure must fall by disturbing the corner-stone."

These are grave and solemn and admonitory words, from a high source. They confirm all for which the South has ever contended, as to the clearness, importance, and fundamental character of this provision, and the disastrous consequences which would inevitably follow from its violation. But in spite of these solemn warnings, the violation, then commenced, and which they were intended to rebuke, has been full and perfectly consummated. The citizens of the South, in their attempt to recover their slaves, now meet, instead of aid and co-operation, resistance in every form; resistance from hostile acts of legislation, intended to baffle and defeat their claims by all sorts of devices, and by interposing every description of impediment—resistance from judges and magisrates—and finally, when all these fail, from mobs, composed of whites and blacks, which, by threats or force, rescue the fugitive slave from the possession of his rightful owner. The attempt to recover a slave, in most of the Northern States, cannot now be made without the hazard of insult, heavy pecuniary loss, imprisonment, and even of life itself. Already has a worthy citizen of Maryland lost his life4 in making an attempt to enforce his claim to a fugitive slave under this provision.

But a provision of the Constitution may be violated indirectly as well as directly; by doing an act in its nature inconsistent with that which is enjoined to be done. Of the form of violation, there is a striking instance connected with the provision under consideration. We allude to secret combinations which are believed to exist in many of the Northern States, whose object is to entice, decoy, entrap, inveigle, and seduce slaves to escape from their owners, and to pass them secretly and rapidly, by means organized for the purpose, into Canada, where they will be beyond the reach of the provision. That to entice a slave, by whatever artifice, to abscond from his owner, into a non-slaveholding State, with the intention to place him beyond the reach of the provision, or prevent his recovery, by concealment or otherwise, is as completely repugnant to it, as its open violation would be, is too clear to admit of doubt or to require illustration. And yet, as repugnant as these combinations are to the true intent of the provision, it is believed, that, with the above exception, not one of the States, within whose limits they exist, has adopted any measure to suppress them, or to punish those by whose agency the object for which they were formed is carried into execution. On the contrary, they have looked on, and witnessed with indifference, if not with secret approbation, a great number of slaves enticed from their owners, and placed beyond the possibility of recovery, to the great annoyance and heavy pecuniary loss of the bordering Southern States.

When we take into consideration the great importance of this provision, the absence of all uncertainty as to its true meaning and intent, the many guards by which it is surrounded to protect and enforce it, and then reflect how completely the object for which it was inserted in the Constitution is defeated by these two-fold infractions, we doubt, taking all together, whether a more flagrant breach of faith is to be found on record. We know the language we have used is strong, but it is not less true than strong.

There remains to be noticed another class of aggressive acts of a kindred character, but which instead of striking at an express and specific provision of the Constitution, aims directly at destroying the relation between the two races at the South, by means subversive in their tendency of one of the ends for which the Constitution was established. We refer to the systematic agitation of the question by the Abolitionists, which, commencing about 1835, is still continued in all possible forms. Their avowed intention is to bring about a state of things that will force emancipation on the South. To unite the North in fixed hostility to slavery in the South, and to excite discontent among the slaves with their condition, are among the means employed to effect it. With a view to bring about the former, every means are resorted to in order to render the South, and the relation between the two races there, odious and hateful to the North. For this purpose societies and newspapers are everywhere established, debating clubs opened, lecturers employed, pamphlets and other publications, pictures and petitions to Congress, resorted to, and directed to that single point, regardless of truth or decency; while the circulation of incendiary publications in the South, the agitation of the subject of abolition in Congress, and the employment of emissaries are relied on to excite discontent among the slaves. This agitation, and the use of these means, have been continued with more or less activity for a series of years, not without doing much towards effecting the object intended. We regard both object and means to be aggressive and dangerous to the rights of the South, and subversive, as stated, of one of the ends for which the Constitution was established. Slavery is a domestic institution. It belongs to the States, each for itself to decide, whether it shall be established or not; and if it be established, whether it should be abolished or not. Such being the clear and unquestionable right of the States, it follows necessarily that it would be a flagrant act of aggression on a State, destructive of its rights, and subversive of its independence, for the Federal Government, or one or more States, or their people, to undertake to force on it the emancipation of its slaves. But it is a sound maxim in politics, as well as law and morals, that no one has a right to do that indirectly which he cannot do directly, and it may be added with equal truth, to aid, or abet, or countenance another in doing it. And yet the Abolitionists of the North, openly avowing their intention, and resorting to the most efficient means for the purpose, have been attempting to bring about a state of things to force the Southern States to emancipate their slaves, without any act on the part of any Northern State to arrest or suppress the means by which they propose to accomplish it. They have been permitted to pursue their object and to use whatever means they please, if without aid or countenance, also without resistance or disapprobation. What gives a deeper shade to the whole affair, is the fact, that one of the means to effect their object, that of exciting discontent among our slaves, tends directly to subvert what its preamble declares to be one of the ends for which the Constitution was ordained and established: "to insure domestic tranquillity," and that in the only way in which domestic tranquillity is likely ever to be disturbed in the South. Certain it is, that an agitation so systematic—having such an object in view, and sought to be carried into execution by such means—would, between independent nations, constitute just cause of remonstrance by the party against which the aggression was directed, and if not heeded, an appeal to arms for redress. Such being the case where an aggression of the kind takes place among independent nations, how much more aggravated must it be between confederated States, where the Union precludes an appeal to arms, while it affords a medium through which it can operate with vastly increased force and effect? That it would be perverted to such a use, never entered into the imagination of the generation which formed and adopted the Constitution, and, if it had been supposed it would, it is certain that the South never would have adopted it.

We now return to the question of the admission of Missouri into the Union, and shall proceed to give a brief sketch of the occurrences connected with it, and the consequences to which it has directly led. In the latter part of 1819, the then territory of Missouri applied to Congress, in the usual form, for leave to form a State Constitution and Government, in order to be admitted into the Union. A bill was reported for the purpose, with the usual provisions in such cases. Amendments were offered, having for their object to make it a condition of her admission, that her Constitution should have a provision to prohibit slavery. This brought on the agitating debate, which, with the effects that followed, has done so much to alienate the South and North, and endanger our political institutions. Those who objected to the amendments, rested their opposition on the high grounds of the right of self-government. They claimed that a territory, having reached the period when it is proper for it to form a Constitution and Government for itself, becomes fully vested with all the rights of self-government; and that even the condition imposed on it by the Federal Constitution, relates not to the formation of its Constitution and Government, but its admission into the Union. For that purpose, it provides as a condition, that the Government must be Republican.

They claimed that Congress has no right to add to this condition, and that to assume it would be tantamount to the assumption of the right to make its entire Constitution and Government; as no limitation could be imposed, as to the extent of the right, if it be admitted that it exists at all. Those who supported the amendment denied these grounds, and claimed the right of Congress to impose, at discretion, what conditions it pleased. In this agitating debate, the two sections stood arrayed against each other; the South in favor of the bill without amendment, and the North opposed to it without it. The debate and agitation continued until the session was well advanced; but it became apparent, towards its close, that the people of Missouri were fixed and resolved in their opposition to the proposed condition, and that they would certainly reject it, and adopt a Constitution without it, should the bill pass with the condition. Such being the case, it required no great effort of mind to perceive, that Missouri, once in possession of a Constitution and Government, not simply on paper, but with legislators elected, and officers appointed, to carry them into effect, the grave questions would be presented, whether she was of right a Territory or State; and, if the latter, whether Congress had the right, and, if the right, the power, to abrogate her Constitution, disperse her legislature, and to remand her back to the territorial condition. These were great, and, under the circumstances, fearful questions—too fearful to be met by those who had raised the agitation. From that time the only question was, how to escape from the difficulty. Fortunately, a means was afforded. A Compromise (as it was called) was offered, based on the terms, that the North should cease to oppose the admission of Missouri on the grounds for which the South contended, and that the provisions of the Ordinance of 1787, for the government of the Northwestern Territory, should be applied to all the territory acquired by the United States from France under the treaty of Louisiana lying North of 36° 30', except the portion lying in the State of Missouri. The Northern members embraced it; and although not originating with them, adopted it as their own. It was forced through Congress by the almost united votes of the North, against a minority consisting almost entirely of members from the Southern States.

Such was the termination of this, the first conflict, under the Constitution, between the two sections, in reference to slavery in connection with the territories. Many hailed it as a permanent and final adjustment that would prevent the recurrence of similar conflicts; but others, less sanguine, took the opposite and more gloomy view, regarding it as the precursor of a train of events which might rend the Union asunder, and prostrate our political system. One of these was the experienced and sagacious Jefferson. Thus far, time would seem to favor his forebodings. May a returning sense of justice and a protecting Providence, avert their final fulfilment.

For many years the subject of slavery in reference to the territories ceased to agitate the country. Indications, however, connected with the question of annexing Texas, showed clearly that it was ready to break out again, with redoubled violence, on some future occasion. The difference in the case of Texas was adjusted by extending the Missouri compromise line of 36° 30', from its terminus, on the western boundary of the Louisiana purchase, to the western boundary of Texas. The agitation again ceased for a short period.

The war with Mexico soon followed, and that terminated in the acquisition of New Mexico and Upper California, embracing an area equal to about one half of the entire valley of the Mississippi. If to this we add the portion of Oregon acknowledged to be ours by the recent treaty with England, our whole territory on the Pacific and west of the Rocky Mountains will be found to be in extent but little less than that vast valley. The near prospect of so great an addition rekindled the excitement between the North and South in reference to slavery in its connection with the territories, which has become, since those on the Pacific were acquired, more universal and intense than ever.

The effects have been to widen the difference between the two sections, and to give a more determined and hostile character to their conflict. The North no longer respects the Missouri compromise line, although adopted by their almost unanimous vote. Instead of compromise, they avow that their determination is to exclude slavery from all the territories of the United States, acquired, or to be acquired; and, of course, to prevent the citizens of the Southern States from emigrating with their property in slaves into any of them. Their object, they allege, is to prevent the extension of slavery, and ours to extend it, thus making the issue between them and us to be the naked question, shall slavery be extended or not? We do not deem it necessary, looking to the object of this address, to examine the question so fully discussed at the last session, whether Congress has the right to exclude the citizens of the South from immigrating with their property into territories belonging to the confederated States of the Union. What we propose in this connection is, to make a few remarks on what the North alleges, erroneously, to be the issue between us and them.

So far from maintaining the doctrine, which the issue implies, we hold that the Federal Government has no right to extend or restrict slavery, no more than to establish or abolish it; nor has it any right whatever to distinguish between the domestic institutions of one State, or section, and another, in order to favor the one and discourage the other. As the federal representative of each and all the States, it is bound to deal out, within the sphere of its powers, equal and exact justice and favor to all. To act otherwise, to undertake to discriminate between the domestic institutions of one and another, would be to act in total subversion of the end for which it was established—to be the common protector and guardian of all. Entertaining these opinions, we ask not, as the North alleges we do, for the extension of slavery. That would make a discrimination in our favor, as unjust and unconstitutional as the discrimination they ask against us in their favor. It is not for them, nor for the Federal Government to determine, whether our domestic institution is good or bad; or whether it should be repressed or preserved. It belongs to us, and us only, to decide such questions. What then we do insist on, is, not to extend slavery, but that we shall not be prohibited from immigrating with our property, into the Territories of the United States, because we are slaveholders; or, in other words, that we shall not on that account be disfranchised of a privilege possessed by all others, citizens and foreigners, without discrimination as to character, profession, or color. All, whether savage, barbarian, or civilized, may freely enter and remain, we only being excluded.

We rest our claim, not only on the high grounds above stated, but also on the solid foundation of right, justice, and equality. The territories immediately in controversy—New Mexico and California—were acquired by the common sacrifice and efforts of all the States, towards which the South contributed far more than her full share of men,5 to say nothing of money, and is, of course, on every principle of right, justice, fairness, and equality, entitled to participate fully in the benefits to be derived from their acquisition. But as impregnable as is this ground, there is another not. less so. Ours is a Federal Government—a Government in which not individuals, but States, as distinct sovereign communities, are the constituents. To them, as members of the Federal Union, the territories belong; and they are hence declared to be territories belonging to the United States. The States, then, are the joint owners. Now it is conceded by all writers on the subject, that in all such Governments their members are all equal—equal in rights and equal in dignity. They also concede that this equality constitutes the basis of such Government, and that it cannot be destroyed without changing their nature and character. To deprive, then, the Southern States and their citizens of their full share in territories declared to belong to them, in common with the other States, would be in derogation of the equality belonging to them as members of a Federal Union, and sink them, from being equals, into a subordinate and dependent condition. Such are the solid and impregnable grounds on which we rest our demand to an equal participation in the territories.

But as solid and impregnable as they are in the eyes of justice and reason, they oppose a feeble resistance to a majority, determined to engross the whole. At the last session of Congress, a bill was passed, establishing a territorial government for Oregon, excluding slavery therefrom. The President gave his sanction to the bill, and sent a special message to Congress assigning his reasons for doing so. These reasons presupposed that the Missouri compromise was to be, and would be, extended west of the Rocky Mountains, to the Pacific Ocean. And the President intimated his intention in his message to veto any future bill that should restrict slavery south of the line of that compromise. Assuming it to have been the purpose and intention of the North to extend the Missouri compromise line as above indicated, the passage of the Oregon bill could only be regarded as evincing the acquiescence of the South in that line. But the developments of the present session of Congress have made it manifest to all, that no such purpose or intention now exists with the North to any considerable extent. Of the truth of this, we have ample evidence in what has occurred already in the House of Representatives, where the popular feelings are soonest and most intensely felt.

Although Congress has been in session but little more than one month, a greater number of measures of an aggressive character have been introduced, and they more aggravated and dangerous, than have been for years before. And what clearly discloses whence they take their origin, is the fact, that they all relate to the territorial aspect of the subject of slavery, or some other of a nature and character intimately connected with it.

The first of this series of aggressions is a resolution introduced by a member from Massachusetts, the object of which is to repeal all acts which recognize the existence of slavery, or authorize the selling and disposing of slaves in this District. On question of leave to bring in a bill, the votes stood 69 for and 82 against leave. The next was a resolution offered by a member from Ohio, instructing the Committee on Territories to report forthwith bills for excluding slavery from California and New Mexico.6 It passed by a vote of 107 to 80. That was followed by a bill introduced by another member from Ohio, to take the votes of the inhabitants of this District, on the question whether slavery within its limits should be abolished.

The bill provided, according to the admission of the mover, that free negroes and slaves should vote. On the question to lay the bill on the table, the votes stood, for 106, against 79. To this succeeded the resolution of a member from New York, in the following words:

"Whereas the traffic now prosecuted in this metropolis of the Republic in human beings, as chattels, is contrary to natural justice and the fundamental principles of our political system, and is notoriously a reproach to our country, throughout Christendom, and a serious hinderance to the progress of republican liberty among the nations of the earth. Therefore,

 

"Resolved, That the Committee for the District of Columbia be instructed to report a bill, as soon as practicable, prohibiting the slave trade in said District."

On the question of adopting the resolution, the votes stood 98 for, and 88 against. He was followed by a member from Illinois, who offered a resolution for abolishing slavery in the Territories, and all places where Congress has exclusive powers of legislation, that is, in all forts, magazines, arsenals, dockyards, and other needful buildings, purchased by Congress with the consent of the Legislature of the State.

This resolution was passed over under the rules of the House without being put to vote.

The votes in favor of all these measures were confined to the members from the Northern States. True, there are some patriotic members from that section who voted against all of them, and whose high sense of justice is duly appreciated; who in the progress of the aggressions upon the South have, by their votes, sustained the guaranties of the Constitution, and of whom we regret to say many have been sacrificed at home by their patriotic course.

We have now brought to a close a narrative of the series of acts of aggression and encroachment, connected with the subject of this address, including those that are consummated and those still in progress. They are numerous, great, and dangerous, and threaten with destruction the greatest and most vital of all the interests and institutions of the South. Indeed, it may be doubted whether there is a single provision, stipulation, or guaranty of the Constitution, intended for the security of the South, that has not been rendered almost perfectly nugatory. It may even be made a serious question, whether the encroachments already made, without the aid of any other, would not, if permitted to operate unchecked, end in emancipation, and that at no distant day. But be that as it may, it hardly admits of a doubt that, if the aggressions already commenced in the House, and now in progress, should be consummated, such in the end would certainly be the consequence.

Little, in truth, would be left to be done after we have been excluded from all the territories, including those to be hereafter acquired; after slavery is abolished in this District and in the numerous places dispersed all over the South, where Congress has the exclusive right of legislation, and after the other measures proposed are consummated. Every outpost and barrier would be carried, and nothing would be left but to finish the work of abolition at pleasure in the States themselves. This District, and all places over which Congress has exclusive power of legislation, would be asylums for fugitive slaves, where, as soon as they placed their feet, they would become, according to the doctrines of our Northern assailants, free, unless there should be some positive enactments to prevent it.

Under such a state of things the probability is, that emancipation would soon follow, without any final act to abolish slavery. The depressing effects of such measures on the white race at the South, and the hope they would create in the black of a speedy emancipation, would produce a state of feeling inconsistent with the much longer continuance of the existing relations between the two. But be that as it may, it is certain, if emancipation did not follow, as a matter of course, the final act in the States would not be long delayed. The want of constitutional power would oppose a feeble resistance. The great body of the North is united against our peculiar institution. Many believe it to be sinful, and the residue, with inconsiderable exceptions, believe it to be wrong. Such being the case, it would indicate a very superficial knowledge of human nature, to think that, after aiming at abolition, systematically, for so many years, and pursuing it with such unscrupulous disregard of law and Constitution, that the fanatics who have led the way and forced the great body of the North to follow them, would, when the finishing stroke only remained to be given, voluntarily suspend it, or permit any constitutional scruples or considerations of justice to arrest it. To these may be added an aggression, though not yet commenced, long meditated and threatened to prohibit what the abolitionists call the internal slave trade, meaning thereby the transfer of slaves from one State to another, from whatever motive done, or however effected. Their object would seem to be to render them worthless by crowding them together where they are, and thus hasten the work of emancipation. There is reason for believing that it will soon follow those now in progress, unless, indeed, some decisive step should be taken in the mean time to arrest the whole.

The question then is, Will the measures of aggression proposed in the House be adopted?

They may not, and probably will not be this session. But when we take into consideration, that there is a majority now in favor of one of them, and a strong minority in favor of the other, so far as the sense of the House has been taken; that there will be in all probability a considerable increase in the next Congress of the vote in favor of them, and that it will be largely increased in the next succeeding Congress under the census to be taken next year, it amounts almost to a certainty that they will be adopted, unless some decisive measure is taken in advance to prevent it.

But, if even these conclusions should prove erroneous—if fanaticism and the love of power should, contrary to their nature, for once respect constitutional barriers, or if the calculations of policy should retard the adoption of these measures, or even defeat them altogether, there would be still left one certain way to accomplish their object, if the determination avowed by the North to monopolize all the territories, to the exclusion of the South, should be carried into effect. That of itself would, at no distant day, add to the North a sufficient number of States to give her three fourths of the whole; when, under the color of an amendment of the Constitution, she would emancipate our slaves, however opposed it might be to its true intent.

Thus, under every aspect, the result is certain, if aggression be not promptly and decidedly met. How it is to be met, it is for you to decide.

Such then being the case, it would be to insult you to suppose you could hesitate. To destroy the existing relation between the free and servile races at the South would lead to consequences unparalleled in history. They cannot be separated, and cannot live together in peace, or harmony, or to their mutual advantage, except in their present relation. Under any other, wretchedness, and misery, and desolation would overspread the whole South. The example of the British West Indies, as blighting as emancipation has proved to them, furnishes a very faint picture of the calamities it would bring on the South. The circumstances under which it would take place with us, would be entirely different from those which took place with them, and calculated to lead to far more disastrous results. There the Government of the parent country emancipated slaves in her colonial possessions—a Government rich and powerful, and actuated by views of policy (mistaken as they turned out to be), rather than fanaticism. It was besides, disposed to act justly towards the owners, even in the act of emancipating their slaves, and to protect and foster them afterwards. It accordingly appropriated nearly $100,000,000 as a compensation to them for their losses under the act, which sum, although it turned out to be far short of the amount, was thought at the time to be liberal. Since the emancipation, it has kept up a sufficient military and naval force to keep the blacks in awe, and a number of magistrates, and constables, and other civil officers, to keep order in the towns and on plantations, and enforce respect to their former owners. To a considerable extent these have served as a substitute for the police formerly kept on the plantations by the owners and their overseers, and to preserve the social and political superiority of the white race. But, notwithstanding all this, the British West India possessions are ruined, impoverished, miserable, wretched, and destined probably to be abandoned to the black race.

Very different would be the circumstances under which emancipation would take place with us. If it ever should be effected, it will be through the agency of the Federal Government, controlled by the dominant power of the Northern States of the Confederacy, against the resistance and struggle of the Southern. It can then only be effected by the prostration of the white race; and that would necessarily engender the bitterest feelings of hostility between them and the North. But the reverse would be the case between the blacks of the South and the people of the North. Owing their emancipation to them, they would regard them as friends, guardians, and patrons, and centre, accordingly, all their sympathy in them. The people of the North would not fail to reciprocate and to favor them, instead of the whites. Under the influence of such feelings, and impelled by fanaticism and love of power, they would not stop at emancipation. Another step would be taken—to raise them to a political and social equality with their former owners, by giving them the right of voting and holding public offices under the Federal Government. We see the first step toward it in the bill already alluded to—to vest the free blacks and slaves with the right to vote on the question of emancipation in this District. But when once raised to an equality, they would become the fast political associates of the North, acting and voting with them on all questions, and by this political union between them, holding the white race at the South in complete subjection. The blacks, and the profligate whites that might unite with them, would become the principal recipients of federal offices and patronage, and would, in consequence, be raised above the whites of the South in the political and social scale. We would, in a word, change conditions with them—a degradation greater than has ever yet fallen to the lot of a free and enlightened people, and one from which we could not escape, should emancipation take place (which it certainly will if not prevented), but by fleeing the homes of ourselves and ancestors, and by abandoning our country to our former slaves, to become the permanent abode of disorder, anarchy, poverty, misery, and wretchedness.

With such a prospect before us, the gravest and most solemn question that ever claimed the attention of a people is presented for your consideration: What is to be done to prevent it? It is a question belonging to you to decide. All we propose is, to give you our opinion.

We, then, are of the opinion that the first and indispensable step, without which nothing can be done, and with which every thing may be, is to be united among yourselves, on this great and most vital question. The want of union and concert in reference to it has brought the South, the Union, and our system of government to their present perilous condition. Instead of placing it above all others, it has been made subordinate, not only to mere questions of policy, but to the preservation of party ties and ensuring of party success. As high as we hold a due respect for these, we hold them subordinate to that and other questions involving our safety and happiness. Until they are so held by the South, the North will not believe that you are in earnest in opposition to their encroachments, and they will continue to follow, one after another, until the work of abolition is finished. To convince them that you are, you must prove by your acts that you hold all other questions subordinate to it. If you become united, and prove yourselves in earnest, the North will be brought to a pause, and to a calculation of consequences; and that may lead to a change of measures, and the adoption of a course of policy that may quietly and peaceably terminate this long conflict between the two sections. If it should not, nothing would remain for you but to stand up immovably in defence of rights, involving your all—your property, prosperity, equality, liberty, and safety.

As the assailed, you would stand justified by all laws, human and divine, in repelling a blow so dangerous, without looking to consequences, and to resort to all means necessary for that purpose. Your assailants, and not you, would be responsible for consequences.

Entertaining these opinions, we earnestly entreat you to be united, and for that purpose adopt all necessary measures. Beyond this, we think it would not be proper to go at present.

We hope, if you should unite with any thing like unanimity, it may of itself apply a remedy to this deep-seated and dangerous disease; but, if such should not be the case, the time will then have come for you to decide what course to adopt.

R. M. T. HUNTER,Virginia.

JAMES M. MASON, “

ARCHIBALD ATKINSON, “

THOMAS H. BAYLY, “

R. L. T. BEALE, “

HENRY BEDINGER, “

THOMAS S. BOCOCK, “

WILLIAM G. BROWN, “

R. K. MEADE, “

R. A. THOMPSON, “

J. R. J. DANIEL, North Carolina.

A. W. VENABLE, N. Carolina.

A. P. BUTLER, South Carolina.

 J. C. CALHOUN, “

ARMISTEAD BURT, “

I. E. HOLMES, “

R. B. RHETT, “

R. F. SIMPSON, “

D. WALLACE, “

J. A. WOODWARD, “

H. V. JOHNSON, Georgia.

ALFRED IVERSON, “

HUGH A. HARALSON, “

DAVID L. YULEE, Florida.

S. U. DOWNS, Louisiana.

J. H. HARMANSON, “

EMILE LA SERE, “

I. E. MORSE, “

T. PILSBURY, Texas.

DAVID S. KAUFMAN, “

SOLON BORLAND, Arkansas.

J. K. SEBASTIAN, “

R. W. JOHNSON, “

HOPKINS L. TURNEY, Tennessee.

F. P. STANTON, “

D. R. ATCHISON, Missouri.

WILLIAM R. KING, Alabama.

B. FITZBATRICK, “

JOHN GAYLE, “

F. W. BOWDON, “

S. W. HARRIS, “

S. W. INGE, “

JEFFERSON DAVIS, Mississippi.

HENRY S. FOOTE, “

P. W. TOMPKINS, “

A. G. BROWN, “

W. S. FEATHERSTON, “

JACOB THOMPSON, “

P. S. Since this address was prepared a motion to reconsider Mr. GOTT's resolutions has passed the House of Representatives, and they are now the subject of further proceedings.
_______________

1 Indiana and Illinois.

2 The case of Prigg vs. the Commonwealth of Pennsylvania.

3 The case of Johnson vs. Tompkins and others.

4 Mr. Kennedy, of Hagerstown, Maryland.

5 Being nearly two on the part of the South to one on the part of the North. But taking into consideration that the population of the North is two thirds greater than the South, the latter has furnished more than three times her due proportion of volunteers.

Total number of volunteers from the South—Regiments

33

Battalions

14

Companies

120

Total number of volunteers from the South,

45,640

Total number of volunteers from the North-Regiments

22

Battalions

2

Companies

12

Total number of volunteers from the North,

23,084

6 Since reported to the House.

SOURCES: Richard Crallé, Editor, The Works of John C. Calhoun: Volume VI: Reports and Public Letters of John C. Calhoun, p. 290-313; James Stryker, Editor, The American Quarterly Register and Magazine, Volume 3, No. 1, p. 276-87; The American Review: A Whig Journal, Devoted to Politics and Literature, New Series Vol. III.—Whole Vol. IX, No. XV March 1849, p. 313 for the date of the address.

Thursday, February 15, 2024

Senator John C. Calhoun to John H. Means,* April 13, 1849

Fort Hill 13th April 1849.

MY DEAR SIR, I am glad to learn by your letter and from other Sources, that a meeting is to be held next month in Columbia, to be composed of delegates from the different Commitees of correspondence. I regard it as a step of much importance and responsibility.

You ask my opinion as to the course the Meeting should take. Before I give it, I deem it due to candour and the occasion to State, that I am of the impression that the time is near at hand when the South will have to chose between disunion, and submission. I think so, because I see little prospect of arresting the aggression of the North. If anything can do it, it would be for the South to present with an unbroken front to the North the alternative of dissolving the partnership or of ceasing on their part to violate our rights and to disregard the stipulations of the Constitution in our favour; and that too without delay. I say without delay; for it may be well doubted whether the alienation between the two sections has not already gone too far to save the Union; but, if it has not, there can be none that it soon will, if not prevented by some prompt and decisive measure. It has been long on the increase and is now more rapidly increasing than ever. The prospect is as things now stand, that before four years have elapsed, the Union will be divided into two great hostile sectional parties.

But it will be impossible to present such a front, except by means of a Convention of the Southern States. That, and that only could speak for the whole, and present authoritatively to the North the alternative, which to choose. If such a presentation should fail to save the Union, by arresting the aggression of the North and causing our rights and the stipulations of the Constitution in our favour to be respected, it would afford proof conclusive that it could not be saved, and that nothing was left us, but to save ourselves. Having done all we could to save the Union, we would then stand justified before God and man to dissolve a partnership which had proved inconsistent with our safety, and, of course, distructive of the object which mainly induced us to enter into it. Viewed in this light, a Convention of the South is an indispensible means to discharge a great duty we owe to our partners in the Union; that is, to warn them in the most solemn manner that if they do not desist from aggression, and cease to disregard our rights and the stipulations of the Constitution, the duty we owe to ourselves and our posterity would compel us to dissolve forever the partnership with them. But should its warning voice fail to save the Union, it would in that case prove the most efficient of all means for saving ourselves. It would give us the great advantage of enjoying the conscious feeling of having done all we could to save it and thereby free us from all responsibility in reference to it, while it would afford the most efficient means of United and prompt action, and thereby of meeting the momentous occasion without confusion or disorder, and with certainty of success.

Thus thinking, my opinion is that the great object to be aimed at by the Meeting is to adopt measures to prepare the way for a Convention of the Southern States. What they should be the Meeting can best decide. It seems to me, however, that the organization of our own and the other Southern States is an indispensible step and for that and other purposes there ought to be an able Committee appointed having its center in Charleston, or Columbia, and vested with power to take such steps as may be deemed necessary to carry into effect that and the other measures which may be adopted by the Meeting.

I agree with you as to a non intercourse with the North in commerce and trade. Passing over the objection that it would be below the dignity of the occasion, it would be neither prudent nor efficient, most certainly as preceeding the meeting of a Southern Convention.
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* From a draft in Calhoun's handwriting. John H. Means was an active secessionist, was chosen governor of South Carolina the next year, and was killed, a Confederate colonel, at the second battle of Bull Run.

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 764-6

Saturday, January 27, 2024

Andrew Jackson’s Proclamation Regarding the Nullifying Laws of South Carolina, December 10, 1832

PROCLAMATION,

BY ANDREW JACKSON, PRESIDENT OF THE UNITED STATES.

TUESDAY, DECEMBER 10, 1832.

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 twenty-ninth of May, 1828, and on the fourteenth 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 a 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 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, forth with, 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, equalled 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 any thing 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 chose 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 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, any thing 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 any where; 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 non-intercourse 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 defence, 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 from 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, it can 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 annual 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, UNAUTHORIZED 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, 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 defence 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 entrusted? 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 power 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 and 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 application. 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 defence 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 interests, 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 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 cannot 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 has 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, any thing 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 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 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, cannot 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 offence 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 connexion with the other parts, to their injury or ruin, without committing any offence. 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 cannot. 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 cannot be enforced. A government, on the contrary, always has a sanction, expressed 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 offence, by whatever means the constitutional compact may have been formed; and such government has the right, by the law of self defence, 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 any thing 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 cannot 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 cannot 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 offence 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 defence. 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 the engagements solemnly made. Every one must see that the other States, in self-defence, must oppose 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 the 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 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 other as the wisdom of Congress shall devise and entrust 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 in 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 pretences 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 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 are 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 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 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 at 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 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 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 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 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 understood, and you were authoritatively told, that no further alleviation of their 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 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 interests and general protection, so many different States; giving to all their inhabitants the proud title of AMERICAN CITIZENS; 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, humanity, and general information into every cottage in the wide extent of our Territories and States! Behold it as the asylum where the wretched and the oppressed find a refuge and a 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 names 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 cannot 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 cannot accede to the mad project of disunion of which you would be the first victims—its first magistrate cannot, 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 re-assemble 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 cannot be. You may disturb its peace—you may interrupt the course of its prosperity—you may cloud its reputation for stability—but its tranquility 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 conjunction 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 but 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 blessings it se cures 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 defence, 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.

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, in the year of our Lord, one thousand eight hundred and thirty-two, and of the Independence of the United States the fifty-seventh.

ANDREW JACKSON.
By the President:
        EDW. LIVINGSTON, Secretary of State.

SOURCES: Jonathan Phillips, Editor, Messages of the Presidents of the United States, from the Formation of the General Government, Down to the Close of the Administration of President Van Buren; Concluding with the Inaugural Address of President William H. Harrison, p. 499-512; The Statutes at Large and Treaties, of the United States of America, From December 3, 1855 to March 3, 1859, and Proclamations since 1791, Volume 11 (1856-1857), 34th and 35th Congress. U.S. Statutes at Large, Volume 11 (1856-1857), p. 771-81