Abridgment of the Debates of Congress, from 1789 to 1856.

DEBATES OF CONGRESS. 15'JuARY, 1833.] Proceedings in relation to South Carolina. [SENATE. and of the letter addressed to the district attorney the United States, nor shall any copy of the record requesting his co-operation. These instructions be permitted or allowed for that purpose; and the were dictated in the hope that, as the opposition person or persons attempting to take such appeal, to the laws by the anomalous proceeding of nullifi- may be dealt with as for a contempt of court." cation was represented to be of a pacific nature, to It likewise ordains, " that all persons holding any be pursued, substantially, according to the forms office of honor, profit, or trust, civil or military, of the constitution, and without resorting, in any under the State, shall, within such time, and in event, to forceor violence, the measures of its ad- such manner as the Legislature shall prescribe, vocates would be taken in conformity with that take an oath well and truly to obey, execute, and profession; and, on such supposition, the means enforce this ordinance, and such act or acts of the afforded by the existing laws would have been ad- Legislature as may be passed in pursuance thereof, equate to meet any emergency likely to arise. according to the true intent and meaning of the It was, however, not possible altogether to sup- same; and on the neglect or omission of any such press apprehension of the excesses to which the person or persons so to do, his or their office or excitement prevailing in that quarter might lead; offices shall be forthwith vacated, and shall be filled but it certainly was not foreseen that the meditated up as if such person or persons were dead, or had obstruction to the laws would so soon openly as- resigned; and no person hereafter elected to any sume its present character. office of honor, profit, or trust, civil or military, Subsequently to the date of those instructions, shall, until the Legislature shall otherwise provide however, the ordinance of the convention was and direct, enter on the execution of his office, or passed, which, if complied with by the people of be in any respect competent to discharge the duties that State, must effectually render inoperative the thereof, until he shall in like manner have taken a present revenue laws within her limits. similar oath; and no juror shall be empanelled in That ordinance declares and ordains, " that the any of the courts of the State, in any cause in several acts and parts of acts of the Congress of which shall be drawn in question this ordinance, or the United States, purporting to be laws for the any act of the Legislature passed in pursuance imposing of duties and imposts on the importation thereof, unless he shall first, in addition to the of foreign commodlties, and now having operation usual oath, have taken an oath that he will well and and effect within the United States; and, more truly obey, execute, and enforce this ordinance, and especially,'An act in alteration of the several acts such act or acts of the Legislature as may be imposing duties on imports,' approved on the 19th passed to carry the same into operation and effect, of May, 1828; and also an act entitled' An act to according to the true intent and meaning thereof." alter and amend the several acts imposing duties The ordinance concludes: "And we, the people on imports,' approved on the 14th July, 1832, are of South Carolina, to the end that it may be fully unauthorized by the Constitution of the United understood by the government of the United States, States, and violate the true intent and meaning and the people of the co-States, that we are deterthereof, and are null and void, and no law, nor mined to maintain this ordinance and declaration at binding upon the State of South Carolina, its offi- every hazard, do further declare that we will not cers, and citizens; and all promises, contracts, and submit to the application of force on the part of obligations made or entered into, or to be made or the Federal Government to reduce this State to entered into, with purpose to secure the duties im- obedience; but that we will consider the passage posed by the said acts, and all judicial proceedings by Congress of any act authorizing the employwhich shall be hereafter had in affirmance thereof, ment of a military or naval force against the State are and shall be held utterly null and void." of South Carolina, her constituted authorities, or It also ordains, " that it shall not be lawful for any citizens; or any act abolishing or closing the ports of the constituted authorities, whether of the State of this State, or any of them, or otherwise obstructof South Carolina or of the United States, to en- ing the free ingress and egress of vessels to and force the payment of duties imposed by the said from the said ports; or any other act on the part acts within the limits of the State, but that it shall of the Federal Government to coerce the State, be the duty of the Legislature to adopt such shut up her ports, destroy or harass her commerce, measures, and pass such acts as may be necessary or to enforce the acts hereby declared to be null to give full effect to this ordinance, and to prevent and void, otherwise than through the civil tribunals the enforcement and arrest the operation of the of the country, as inconsistent with the longer consaid acts and parts of acts of the Congress of the tinuance of South Carolina in the Union; and that United States, within the limits of the State, from the people of this State will thenceforth hold themand after the 1st of February next; and it shall be selves absolved from all further obligation to mainthe duty of all other constituted authorities, and tain or preserve their political connection with the of all other persons residing or being within the people of the other States, and will forthwith prolimits of the Stdte, and they are hereby required ceed to organize a separate Government, and to and enjoined to obey and give effect to this ordi- do all other acts and things which sovereign and nance, and such acts and measures of the Legisla- independent States may of right do." ture as may be passed or adopted in obedience This solemn denunciation of the laws and authorthereto." ity of the United States has been followed up by a It further ordains, "that in no case of law or series of acts on the part of the authorities of that equity decided in the courts of the State, wherein State, which manifest a determination to render shall be drawn in question the authority of this or- inevitable a resort to those measures of self-defence dinance, or the validity of such act or acts of the which the paramount duty of the Federal GovernLegislature as may be passed for the purpose of ment requires; but, upon the adoption of which, giving effect thereto, or the validity of the afore- that State will proceed to execute the purpose it said acts of Congress imposing duties, shall any ap- has avowed in this ordinance, of withdrawing from peal be taken or allowed to the Supreme Court of the Union.