prevailed, that it would be received by the dominant party in South Carolina, and that a temporary calm at least would succeed the agitation upon this exciting topic. Different views, it appeared, were entertained by the leaders of that party, and the very day after the passage of this act, the representatives of South Carolina, who thought Nullification' the rightful remedy, met at Washingtou, and published an address to the people of South Carolina on the subject of the tariff. In that address, after reviewing the policy of the government, they proceed to assert, that in the act just passed the duties upon the protected articles were augmented, while the diminution was made only in the duties upon the unprotected articles; that in this manner the burthen of supporting the government was thrown exclusively on the Southern States, and the other states gained more than they lost by the operation of the Revenue system.' The address then goes on to say, that, As a necessary consequence of this state of things, the productions and property of the planting states, are absolutely subject to the control of an irresponsible and despotic majority, who have converted the whole fiscal operations of the government into the mere means of levying contributions from the industry of those to nourish and sustain the rival industry of the manufacturing states. The substantial right of property, in the plantations of the south, is in the majority, who exercise this irresponsible power of exaction, and those who vainly imagine they are the proprietors, and are in truth mere stewards, receiv ing just such annual income, as this proprietary government, the majority, may choose to allow them. The natural effect of this anomalous action of the tion of the public money for every purpose, whether constitutional or unconstitutional, by which the legislation of congress has been characterized for several years past, and never to a more alarming extent than during the present session. This has been strikingly exemplified by the establishment of a grand pension system, embracing all the months during the revolutionary war, without any regard to their pecuniary circumstances, and involving the annual expenditure of several millions of dollars; by new extravagant appropriations for internal improvements of a mere local nature, to an extent altogether without example; by an attempt, suc volunteers and militia who served six cessful in one branch of the legislature, and evidently destined to succeed in both, to distribute annually among the states three millions of the public revenue; and, finally, by an aggregate increase of the appropriations of the present session beyond the estimate of the treasury, and beyond the ordinary expenditures of the government, of not less than five millions of dollars. And it concludes thus: They will not pretend to suggest the sing their solemn and deliberate convicappropriate remedy, but after exprestion that the protecting system must now be regarded as the settled policy of the country, and that all hope of relief from congress is irrecoverably gone, they leave it with you, the sovereign power of the state, to determine whether the rights and liberties which you received as a precious inheritance from an illustrious ancestry shall be tamely surrendered without a struggle, or transmitted undiminished to your posterity. The sentiments promulgated in this address developed the views of the nullifiers. They had determined to subvert the constitution of the United States, unless they could make the policy of the government subservient to their views; and they relied upon the jealousy felt in the planting states against the action of the federal government, as the means to accomplish their designs. These states had long mani government is that reckless appropria- fested a hostility to the tariff pol icy, and it was supposed, that they would not be very scrupulous as to the means by which it was to be overthrown. The abstract principle of nullification had already been deliberately sanctioned by Virginia, and carried into practical operation by Georgia, with the approbation of the President; and it was naturally concluded, that an energetic application of the principle to the revenue system would be sustained by the planting states generally; and if not winked at by the administration would not be opposed either with energy or consistency. Meetings accordingly were held in South Carolina denouncing the tariff, which had just received the sanction of congress and pledging the persons attending, to support the state government in any measures it might adopt to resist it. Strong efforts were made to excite the people of the state against the general government, and notwithstanding the 'exertions of a respectable portion of the community, who remained faithful to the Union, they succeeded in obtaining a majority in both Houses of the legislature. As soon as this was ascertained, Governor Hamilton issued a proclamation convening the legislature, which met at Columbia on 22d of October, 1832. Immediately upon its assembling, the subject of the tariff was taken into consideration, and a bill was reported authorizing a convention to meet at Columbia on the 19th of next month. This bill was hurried through both houses, and finally passed on the 25th of October. The Senate divided on its passage, 31 affirmative, 13 negative. The House 96 affirmative, 25 negative. After having passed that bill, which was done before the commencement of the legislative year for which the legislature was chosen, that body adjourned to meet on the 4th Monday of November. The convention met at the time appointed, and the Governor of the state was elected President of that body, having 131 out of 156 votes. It was obvious from the character of the members, that they had met to act without delay and without deliberation, in reference to the tariff. The annual meeting of Congress was at hand, and if any impression was to be made upon that body, it could only be done by prompt and decisive movements. Upon the people of the country at large no impression could be made. They had been so long threatened by individual states when any local excitement prevailed, that they looked upon these vehement resolutions of dissolution and secession as unmeaning bluster. The cry of wolf, wolf, was now unheeded, and with a composure, which was entirely unexpected to the nullifiers, the yeomanry of the country calmly looked upon the measures, which the government of South Carolina was taking to assert her reserved rights as a sovereign state. A general sentiment pervaded the Union, that it was better to appeal to the power of the government to enforce the laws, than longer to encourage a spirit of insubordination, by yielding to demands, which, originating in a feeling of arrogance, were rendered more unreasonable by concession. Still, however, all hasty movements were deprecated, and so long as the nullifiers confined themselves to discussions and resolves, any interference on the part of the general government would have been deemed improper. Nothing but actual resistance to the laws of the United States could justify such interposition, and although a warm sympathy was felt towards that portion of her citizens, who, in spite of denunciation and violence remained faithful to the Union; no steps could be taken to relieve them from their perilous situation, until some overt act had brought the nullifiers within the reach of the law. The time of forbearance, however, was now rapidly passing of the United States in any question concerning the validity of the ordinance or of the laws passed to give effect thereto; that the state courts should proceed to execute and enforce their judgments, notwithstanding such appeal, and that any person attempting to appeal should be deemed guilty of a contempt of court. It also ordained, that all civil and military officers in the state should take an oath truly to obey, execute, and enforce the ordinance, and all laws passed pursuant thereto; and in case of refusal, the office should be deemed vacant and another person appointed instead of the one so refusing; and all jurors empannelled in any cause, where the ordinance and the laws passed under it should be brought in question, were required to take the same oath; and it concluded with a declaration, that any attempt on the part of the federal government to reduce the state to obedience, or to enforce the revenue laws, otherwise than through the civil tribunals, would be deemed inconsistent with the longer continuance of South Carolina in the Union, and that the people of the state would forthwith proceed to organize a separate and independent government. By this ordinance the Rubicon was passed, and the state government, forthwith proceeded to take the necessary steps to carry it into effect. The legislature, which met directly after the adjournment of the Convention on the 27th of November, passed the laws required by the ordinance. The first of these acts, was one authorizing the consignee or owner of imported lic goals were prohibited from detaining prisoners under any process under the revenue laws, and all persons were prohibited under severe penalties, from letting their houses to serve as a goal for the detention of any person imprisoned under the revenue laws. An act prescribing the test oath to judges and jurors, and all civil and military officers as ordained by the Convention, was also passed; and an additional act authorizing the governor to call the militia into service to resist any attempt on the part of the government of the United States to enforce the revenue laws; and to render the resistance of the state effectual, he was empowered to call out the whole military force of the state and to accept of the services of 'Volunteers' for the same purpose. goods, which might be seized or detained for the non-payment of duties imposed by the laws of the United States, to replevy the same and to proceed as in all cases of unlawful seizure or detention of property. In case of refusal to deliver the goods, or of their removal so that the writ of replevin could not be executed, the sheriff was authorized to distrain goods of the person so refusing or removing them, to double the amount of the goods in question, and to hold the same until the goods should be delivered to the sheriff. That officer was also authorized to prevent any recapture or seizure of the goods replevied, under the pretence of enforcing the revenue laws, and to call in the posse comitatus for that purpose. Persons paying duties were authorized to recover them back with interest. Any arrest under the revenue laws was declared unlawful, and the persons arrested allowed to maintain an action of false imprisonment, and all sales of property under those acts were to be deemed void, and as not divesting the title of the original owner. Judicial officers permitting any copy of a record to be taken for the purpose of appealing to the federal courts, were to be punished by fine and imprisonment. Any persons disobeying the replevin process, or removing the goods to avoid its execution, or attempting to recapture, or to seize goods taken under it, were to be liable to the same punishment. The keepers of pub Ten thousand stand of small arms and the requisite quantity of military munitions were ordered to be purchased, and any acts done in pursuance of that law, were to be held lawful in the state courts. These proceedings by the party, that had obtained possession of the state government, brought on an issue between the state and federal governments, that could no longer be neglected. The very existence of the government depended upon its decision. South Carolina had set at defiance the authority of the general government, and declared, that no umpire should be admitted to decide between the contending parties. It had in its capacity as a sovereign state decided the question, for itself, and its decision could be reversed only by superior force. In taking this stand, the nullifiers apparently had not perceived, that although their principles were precisely those, which Georgia had carried into effect; the subject matter more directly effected the existence of the government. Five sixths of the Revenue were derived from the customs, and the abolition of the duties in one state would necessarily destroy the revenue system, and of course suspend the operations of the federal government. While the nullification of Georgia only tended to bring the federal government into contempt and weakened the bonds of the Union; that of South Carolina at once severed those bonds and arrested the action of the government. The evils of the former were chiefly in prospect: those of the latter were immediate and required a present remedy. At such a crisis the President felt that there was no room for hesitation. A temporising policy must have been fatal to the government, that he was chosen to administer and whose laws he had sworn to execute. The difficulty must be met, not only to save the Union from being broken up, but to protect those citizens of South Carolina, who still adhered to its standard from the horrors of civil discord. In such an emergency, the subtilities and refinements of nullification could not be observed, and with a fearless disregard of all remarks upon his inconsistency, the President determined to come at once to an issue with the nullifiers; to place the powers of the government upon the broad ground, that the federal judiciary was the only proper tribunal to decide upon the constitutionality of its laws and to enforce the revenue acts with an entire disregard to the pretended rights of sovereignty, which were assumed by the state of South Carolina. : With that view all the disposable military force was ordered to assemble at Charleston, and a sloop of war was directed to repair to that port, in order to protect the federal officers in case of necessity in the execution of their duty. An eloquent and energetic proclamation was also issued, plainly and forcibly stating the nature of the American government, and the supremacy of the federal authorities in all matters entrusted to their care, and exhorting the citizens of South Carolina in glowing language, not to persist in a course, which must bring upon their state the force of the confederacy, and expose the Union to the hazard of dissolution. |