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[329]
THE
tariff act of 1828, popularly styled the "tariff of
abominations," called out vigorous protests from the legislatures of
South Carolina and Georgia. The tariff act of July 14, 1832, while doing
away with some of the most objectionable features of the act of 1828,
showed no signs of an abandonment of the protective policy. The South
Carolina election of 1832, accordingly, turned on the question of calling
a convention to nullify the tariff laws. The legislature met in extra
session Oct. 22; on the 26th, in accordance with the suggestion of
Governor Hamilton in his message, a bill for calling a convention was
passed. The convention met Nov. 19. Of the 162 delegates present, 136
favored nullification. November 24, by a vote of 136 to 26, the Ordinance
of Nullification was adopted. Addresses to the people of the United States
and of South Carolina were also issued. The legislature met in regular
session Nov. 27, and promptly passed a series of laws to give effect to
the ordinance.
[330]
REFERENCES. Text in Senate
Doc. 30, 22d Cong., 2d Sess., pp. 36-39; the document contains also
the report of the committee of 21 to the convention, addresses to the
people of South Carolina and of the United States, message of Governor
Hamilton to the legislature, inaugural address of Governor Hayne, and the
three acts. The proceedings of the convention are in State Papers on
Nullification (Mass. Gen. Court, Misc. Doc., 1834). Numerous documents
are collected in Niles's Register, XLIII. Houston's Critical
Study of Nullification in South Carolina is of prime importance; see
especially, on the ordinance, pp. 106‑1 15. The protests of South
Carolina and Georgia against the tariff of 1828 are in MacDonald's Select
Documents, Nos. 44 and 45.
An
Ordinance to Nullify certain acts of the Congress of the United States,
purporting to be laws laying duties and imposts on the importation of
foreign commodities.
Whereas
the Congress of the United States, by various acts, purporting to be acts
laying duties and imposts on foreign imports, but in reality intended for
the. protection of domestic manufactures, and the giving of bounties to
classes and individuals engaged in particular employments, at the expense
and to the injury and oppression of other classes and individuals, and by
wholly exempting from taxation certain foreign commodities, such as are
not produced or manufactured in the United States, to afford a pretext for
imposing higher and excessive duties on articles similar to those intended
to be protected, hath exceeded its just powers under the Constitution,
which confers on it no authority to afford such protection, and hath
violated the, true meaning and intent of the Constitution, which provides
for equality in imposing the burthens of taxation upon the several States
and portions of the confederacy; And whereas the said Congress, exceeding
its just power to impose taxes and collect revenue for the purpose of
effecting and accomplishing the specific objects and purposes which the
Constitution of the United States authorizes it to effect and accomplish,
hath raised and collected unnecessary revenue for objects unauthorized by
the Constitution:
We,
therefore, the people of the State of South Carolina in Convention
assembled, do declare and ordain, and it is hereby declared and ordained,
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,
[331] and,
more especially, . . . [the tariff acts of 1828 and 1832] . . . , are
unauthorized by the Constitution of the United States, and violate the
true meaning and intent thereof, and are null, void, and no law, nor
binding upon this State, its officers or citizens; and all promises,
contracts, and obligations, made or entered into, or to be made or entered
into, with purpose to secure the duties imposed by the said acts, and all
judicial proceedings which shall be hereafter had in affirmance thereof,
are and shall be held utterly null and void.
And
it is further ordained, that it shall not be lawful for any of the
constituted authorities, whether of this State or of the United States, to
enforce the payment of duties imposed by the said acts within the limits
of this State; but it shall be the duty of the Legislature to adopt such
measures and pass such acts as may be necessary to give full effect to
this ordinance, and to prevent the enforcement and arrest the operation of
the said acts and parts of acts of the Congress of the United States
within the limits of this State, from and after the 1st day of February
next, and the duty of all other constituted authorities, and of all
persons residing or being within the limits of this State, and they are
hereby required and enjoined, to obey and give effect to this ordinance,
and such acts and measures of the Legislature as may be passed or adopted
in obedience thereto.
And
it is further ordained, that in no case of law or equity, decided in the
courts of this State, wherein shall be drawn in question the authority of
this ordinance, or the validity of such act or acts of the Legislature as
may be passed for the purpose of giving effect thereto, or the validity of
the aforesaid acts of Congress, imposing duties, shall any appeal be taken
or allowed to the Supreme Court of the United States, nor shall any copy
of the record be permitted or allowed for that purpose; and if any such
appeal shall be attempted to be taken, the courts of this State shall
proceed to execute and enforce their judgments, according to the laws and
usages of the State, without reference to such attempted appeal, and the
person or persons attempting to take such appeal may be dealt with as for
a contempt of the court.
And
it is further ordained, that all persons bow [now] holding any office of
honor, profit, or trust, civil or military, under this State, (members of
the Legislature excepted,) shall, within such
[332] time,
and in such manner as the Legislature shall prescribe, take an oath well
and truly to obey, execute, and enforce, this ordinance, and such act or
acts of the Legislature as may be passed in pursuance thereof, according
to the true intent and meaning of the same; and on the neglect or omission
of any such person or persons so to do, his or their office or offices
shall be forthwith vacated, and shall be filled up as if such person or
persons were dead or had resigned; and no person hereafter elected to any
office of honor, profit, or trust, civil or military, (members of the
Legislature excepted,) shall, until the Legislature shall otherwise
provide and direct, enter on the execution of his office, or be in any
respect competent to discharge the duties thereof, until he shall, in like
manner, have taken a similar oath; and no juror shall be empanelled in any
of the courts of this State, in any cause in which shall be in question
this ordinance, or any act of the Legislature passed in pursuance thereof,
unless he shall first, in addition to the usual oath, hale taken an oath
that he will well and truly obey, execute, and enforce this ordinance, and
such act or acts of the Legislature as may be passed to carry the same
into operation and effect, according to the true intent and meaning
thereof.
And
we, the people of South Carolina, to the end that it may be fully
understood by the Government of the United States, and the people of the
co‑States, that we are determined to maintain this, our ordinance
and declaration, at every hazard, do further declare that we will not
submit to the application of force, on the part of the Federal Government,
to reduce this State to obedience; but that we will consider the passage,
by Congress, of any act authorizing the employment of a military or naval
force against the State of South Carolina, her constituted authorities or
citizens; or any act abolishing or closing the ports of this State, or any
of them, or otherwise obstructing the free ingress and egress of vessels
to and from the said ports, or any other act on the part of the Federal
Government, to coerce the State, shut up her port::, destroy or harrass
her commerce, or to enforce the acts hereby declared to be null and void,
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 this State will thenceforth hold themselves absolved from all
further obligation [333]
to maintain or preserve their political connexion with the
people of the other States, and will forthwith proceed to organize a
separate Government, and do all other acts and things which sovereign and
independent States may of right to do.*
*
The formal indorsement and the names of ht esigners are omitted. – Ed.
No.
86. Jackson's Proclamation to the People of South Carolina
December to, 1832
[Editor’s introduction]
IN
anticipation of the action of the South Carolina convention, Jackson
issued additional instructions to the collector at Charleston, and made
preparations for using the military and naval forces of the United States
if necessary. The authorities of South Carolina made similar preparations.
Hayne had left the Senate to become governor of the State, his place being
taken by Calhoun, who resigned the Vice‑Presidency. In his annual
message of Dec. 4, 1832, Jackson referred briefly to the state of affairs
in South Carolina, and expressed the hope that existing laws would prove
sufficient for any exigency. On the 10th he issued the proclamation to the
people of South Carolina, extracts from which follow. December 20 Governor
Hayne, at the request of the legislature, issued a counter proclamation,
in which, among other matters, the interference of the President was
resented, and the right of secession affirmed. On the same day general
orders, over the signature of the adjutant general of the State, invited
the services of volunteers.
REFERENCES.
Text in Senate Doc. 30, 22d Cong., 2d Sess., pp. 78-92; the
same document contains also the instructions to the collector of customs
and the United States district attorney, and the proclamation of Governor
Hayne. The resolution of the legislature of South Carolina, in response to
the proclamation, is in Niles's Register, XLIII., 300.
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