Page images
PDF
EPUB
[blocks in formation]

been realized: defense against external aggression. But for thirty-five years discontent had "moved in the bosom of the Confederacy." Twice had South Carolina met in convention "to take into consideration the aggressions and unconstitutional wrongs perpetrated by the people of the North on the people of the South." The one great evil now was the overthrow of the Constitution. No longer was the government of the United States one of "Confederated Republics, but of a consolidated Democracy." It was "no longer a free government, but a despotism—such as Great Britain attempted to set over our fathers, and which was resisted and defeated by seven years' struggle for independence. The Revolution of 1776 turned upon one great principle, self-government and self-taxation, the criterion of self-government. Where the interests of two peoples, united together under one government, are dif

1 The "Nullification Convention" of November 19, 1832; and the Convention of April 26, 1852. The nullification ordinance was repealed by the Convention, March 15, 1833.

The following letter, hitherto unpublished, was written to President Jackson, from the Convention, on the day of the repeal, with Jackson's endorsement and forcible comments: To the President of the United States.

Sir:-The Ordinance rescinding the Ordinance of Nullification and all the laws passed in pursuance thereof passed the Convention yesterday, only four Nullifiers voting against it. A few remarks from Judge Richardson, who thought Mr. Clay's Bill did not fully abandon the principle of protection, brought out Mr. McDuffie, who dealt profusely in opprobrious epithets towards the Chief Magistrate of the United States, and the members of his Cabinet; he spoke most lovingly of "our great ally in the West, whom we had recently gained;" congratulated the Convention on the triumph of Nullification, and concluded by advising the State to retain its belligerent attitude, as we had no rights except those we could command by force and arms-the despotism at Washington having swallowed up everything.

The Committee of 21 reported an Ordinance prescribing another oath to be taken by citizens. I will forward a copy of the

[blocks in formation]

ferent, each must have the power to protect its interests by the organization of the Government or it could not be free. "The southern States now stand exactly in the same position toward the northern States that the colonies did towards Great Britain. The northern States, having the majority in Congress, claim the same power of omnipotence in legislation as the British Parliament. "The general welfare' is the only limit to the legislation of either; and the majority in Congress, as in the British Parliament, are the sole judges of the expediency of the legislation this 'general welfare' requires. Thus the government of the United States had become a consolidated government, and the people of the southern States are compelled to meet the very despotism their fathers threw off in the Revolution of 1776.

"The consolidation of the government of Great Britain over the colonies was attempted to be carried out by taxes. The British Parliament undertook to tax the colonies to

report of the Committee as soon as I can obtain one. It is thought, however, that the new oath will not receive the sanction of the Convention.

Gen. Hamilton made quite a conciliatory speech yesterday towards the Union party, which Judge O'Neill very cordially responded to. Very respectfully yours, etc.,

Columbia, March 16th, 1833.

AUGUSTUS FITCH.

P. S. This is also a great muster-day here. Gov. Hayne is to review the Volunteers, but he will not find them any great affair. Saturday, March 16th.

A. F.

Across the face of the letter, which was addressed, His Excellency, Andrew Jackson, President of the United States, Washington, D. C., the President indorsed:

Mr. Fitz.-The Ordinance & all laws under it repealed-so ends the wicked & disgraceful conduct of Calhoun McDuffie & their co-nullies. They will only be remembered, to be held up to scorn by everyone who loves freedom, our glorious constitution & government of laws. A. J.

[blocks in formation]

promote British interests. Our fathers resisted this pretension. They claimed the right of self-taxation through their colonial Legislatures. They were not represented in the British Parliament and, therefore, could not rightly be taxed by its legislation. The British government, however, offered them representation in Parliament, but it was not sufficient to enable them to protect themselves from the majority, and they refused the offer. Between taxation without a representation and taxation without a representation adequate to protection there was no difference. In neither case would the colonies tax themselves. Hence they refused to pay

taxes laid by the British Parliament.

"And so with the southern States toward the northern in that vital matter of taxation. They are in a minority in Congress. Their representation in Congress is useless to protect them against unjust taxation, and they are taxed by the people of the North for their benefit, exactly as the people of Great Britain taxed our ancestors." For the last forty years the taxes laid by Congress had subserved the interest of the North. "The people of the South have been taxed by duties on imports, not for revenue, but for an object inconsistent with revenue, to promote, by prohibitions, northern interests in the production of their mines and manufactures."

Nor was this the limit of the evil. The defeated British policy of 1776 had been fully realized towards the southern States by the northern. "The people of the southern States are not only taxed for the benefit of the northern, but after the taxes are collected, threefourths of them are expended at the North." This cause, it was now claimed, had "made the cities of the South provincial;" paralyzed their growth and made them "mere suburbs of the northern cities." It had "almost annihi

DISCORDANT ELEMENTS.

577

it was abolished. There must be conflict, and the weaker section of the Union can only find peace and liberty in an independence of the North. The repeated efforts made by South Carolina, in a wise conservatism, to arrest the progress of the general government in its fatal progress to consolidation have been unsupported, and she has been denounced as faithless to the obligations of the Constitution by the very men and States who were destroying it by their usurpations. It is now too late to reform or restore the government of the United States. All confidence in the North is lost by the South. The faithlessness of the North for half a century has opened a gulf of separation between the North and the South which no promises nor engagements can fill.

"It cannot be believed that our ancestors would have assented to any union whatever with the people of the North if the feelings and opinions now existing amongst them had existed when the Constitution was framed. There was no tariff-no fanaticism concerning negroes. It was the delegates from New England who proposed in the convention which framed the Constitution to the delegates from South Carolina and Georgia that if they would agree to give Congress the power of regulating commerce by a majority, they would support the extension of the African slave trade for twenty years. African slavery existed in all the States but one. The idea that the southern States would be made to pay that tribute to their northern confederates which they had refused to pay to Great Britain, or that the institution of African slavery would be made the grand basis of a sectional organization of the North to rule the South never crossed the imagination of our ancestors. The Union of the Constitution was a Union of the slave-holding States. It rests on slavery by prescribing a representation in Con

576

THE CONSTITUTION AN EXPERIMENT.

the South, by the tariff and slavery issues, was in the obvious course of things."

"The Constitution of the United States was an experiment. The experiment consisted in uniting under one government peoples living in different climates, and having different pursuits and institutions. It matters not how carefully the limits of such a government be laid down in the Constitution-its success must, at least, depend upon the good faith of the parties to the constitutional compact in enforcing them. It is not in the power of human language to exclude false inferences, constructions and perversions in any Constitution, and when vast sectional interests are to be subserved, involving the appropriation of countless millions of money, it has not been the usual experience of mankind that words on parchment can arrest power. The Constitution of the United States, irrespective of the interposition of the States, rested on the assumption that power would yield to faith—that integrity would be stronger than interest, and that thus the limitations of the Constitution would be observed. The experiment has been fairly made. The Southern States, from the commencement of the Government, have striven to keep within the orbit prescribed by the Constitution. The experiment has failed. The whole Constitution, by the constructions of the northern people, has been absorbed by its preamble. The northern people have had neither the wisdom nor the faith to perceive that to observe the limitations of the Constitution was the only way to its perpetuity.

"Under such a government there must, of course, be many and endless 'irrepressible conflicts' between the two great sections of the Union. The same faithlessness which has abolished the Constitution of the United States will not fail to carry out the sectional purposes for which

« PreviousContinue »