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due performance of his duty, if he " a reduction of rents, or possibly no
shuts his eyes to all the millions upon rents, and anarchy which will produce millions who are scattered over the “ civil war." country,
So, then, there is to be no indirect resistance either? They are to pay, at all
events, and to make use of no means IRISH TITHES.
whatever to avoid the payment! When
the general comes to his OWN case, The following letter I insert, in order however, he grows less placable and to make some remarks on it as I go much less disposed to along. It is dated on the 19. of January, ence and non-resistance.” is addressed to the editor of the Dublin “ The parsons, however, seem deterEvening Post, and is signed by General “ mined to save us from these misforG. COCKBURN.
tunes ; and as Paddy has been kind SIR, I have observed the clergy " to them, they will now be kind to “hard at work, during the last 49 years,“ Paddy, and open the grave they pre
digging the grave of tithes; and when “ pared, and which Paddy has been “ it was nearly ready, our friend Paddy, filling up. What do you think of “(who is an extremely good-natured "these gentlemen now demanding these ‘, fellow, and not always very wise, same tithes, not as such, but as their “though naturally sharp and intelli- " head-rent? Will the landlords sub
gent) began to fill it up ; i. e. to re- “ mit to this outrage ? Are the people “ sist the law in so foolish a manner, as to be daily insulted till driven io des. “ to frighten most men, as to the tenure peration ? or will the reformed Par“ of all property, for we must allow “ liament tolerate this for one month
(reformers as you and I are) that a di-" after it assembles ? Verily if it does, “rect resistance to the law is foulish or (as Mr. Cobbett said of the present " and impolitic, and if permitted, it is “ Ministers) if it submits to the probate
impossible to say where it might end, duty, and leaves it one fortnight unor to what lengths go."
repealed, it will not be worthy of any If this be true, there never can be
any confidence; and I candidly confess I resistance at all, wbich is not foolish “ have not the highest opinion or exand impolitic; and the right of re- pectations as to what this same resis:ance" cannot exist, except in the “ formed Parliament will do.
It will minds of idiots, or on the tongues of " be in the next, or the ballot Parliaimpostors, who would make us believe,"ment, that the great political battle that there is such a right, in despe
“ will be fought.” rate cases.
If the “ law" must, in no Oh, oh! the “people" may, then, case, be directly resisted, men must it seems, be justly desperate, if the parsuffer the women to have their breasts sons come at the landlord's rent! How cut off, if a
were passed for good it always is to make the case our doing it; and Moses ought not to have own! As to the "probate-duty,” bad resisted the Egyptian task-musler; and as it is, it is not nearly so bad as other John ought not to have resisted the parts of the Stamp Act: not half so robber and murderer of Naboth! - bad as making a poor man pay, in pro
I know the cases are not analogous ; portion to value, FORTY TIMES AS " but the mass, and particularly in Ire.. MUCH AS THE RICH MAN : not “ land, do not reason on such matters, half so bad as making the poor parents A and therefore think (and possibly pay, in order to put their son apprentice " justly) that non-payment of tithes by without any premium, FIVE SHIL
open or secret combination, or by the LINGS MORE than the rich pay, in “ fact of direct resistance, if submitted order to make a settlement for life, to
to, the progress to other resistance the annual amount of a thousand pounds! “ would be very rapid and certain- Aye, aye; there is a great deal to do; "thus county-rates next, and after that, and it must be done NOW,
or never, in
a peaceable manner! As to the “ ballot “ pose any bill by which the present inParliament fighting the battle ;" when “ cumbents might be ruined, turned the ballot is got, I wonder that the ge- adrift, or be unjustly treated ; but reneral does not see that the battle will “ gulation is one thing ; ruin another ; have been fought.
“ and parishioners have a right to jus“ Now, sir, allow me to state a fact : “ tice as well as incumbents ; and really “ I have had a house and land thirty- " for the clergy to attempt to take the “ five years in the parish of Bray, Rath." fee from us, is too bad. There are “ micael ; my demesne is 110 acres; “ points beyond which forbearance can“ when I first came to live there the “ not be expected; and though I wish “ tithe was 6l. ; in a year or two it was as much as any man to uphold the " increased to sl., and about eighteen “ British constitution and connexion,
years ago to 121. and 141. a year ; " nevertheless, I deny the right, even of " and for twenty-five years we had “ Parliament, to take the fee of the “ not a resident rector, though a very “ land from the real owners. I care not “ Protestant parish ; next came our “ how little the rent—if one shilling this “ blessed Composition Relief Act; year, it might be five the next. But “ and since that this living has been “ I combat the principle still more, and
nearly doubled; I have been obliged “ in this doctrine I am borne out by, I “ to pay under it 251. a year-charming “ believe, Lord Plunkett's opinion, who,
relief, no doubt !! But not content " at the time of the Union, declared, “ with this, as tithe, my rector of “ these were measures which even Par“ Rathmicael, now demands it as his “ liament was not competent to enact ; “ head-rent, as if he had the fee; but“ and I say it “has not the right to give “ in this he follows the example of " the fee of our lands to the clergy.' “ others. I shall be sorry to have any Yes, “there are points ;” but the ge“difference with a man I have long neral cannot perceive these points until “ known, and who I admit to be a they reach the landlords ! He does not
worthy person and an exemplary deny the right of Parliament to compel “clergyman, except in this instance, of a Catholic people to pay tithes to, and “ endeavouring to take the fee of our to pay church-rates and taxes to build “ estates—for to that it comes; and I parsonage-houses for, Protestant “shall cerlainly resist, and will not pay clergy; he does not deny that the Par“it as rent, or unless asked as tithe, liament had a right to take away part
except I find that there is actually a of every man's estate in England (or fix "law to abolish tithes, take the fee a rent-charge on it for ever), under the “ from the landlords, and give it to the name of redemption of land-tar: it is
parsons under the name of head or deficient in point of power, only when quit-rent, reversing the old order of it comes to touch Irish landlords! The
property, and making the landlords general will not have the present in" of Ireland de facto tenants to the cumbents ruined, turned adrift, and clergy."
“ UNJUSTLY treated.” Nor would I ; Oh, fie ! General ! Not resist, I hope, but, everything, here, turns upon the after what you set out with! Head rent word " unjustly;" and we have to asceror tail rent, by tithe or fee, if there be tain, with great precision, what would “ law” for it, you deem yourself, on be JUST treatment in this case ; a thing your own principle, bound to pay, bound not very difficult ; for, we have only to to obey ! But, what follows is still look at the conduct of these SHEP
HERDS ;" only to ascertain what they “I have repeatedly declared, that have been at for the last fifty years ; “ there ought to be a revision of this and then to appeal to the BIBLE (both
Composition Act, and an unqualified Testaments) for instructions as to what repeal of the odious and unjust Vestry would be JUST treatment of them ! For “ Act; and when that takes place, I my part, I will, as to this matter, never, " will, as far as an individual can, op- as far as I have anything to say, or do,
about it, step one inch beside the line, and will forth with proceed to organize a sepamarked out by the BIBLE.
rate government, and do all other acts and The rest of the general's letter treats
things which sovereign and independent
may of right do. of party-politics; and, though the mat- And whereas the said ordinance prescribes ter is true, it is of less importance just to the people of South Carolina a course of at this time.
conduct in direct violation of their duty as citizens of the United States, contrary to the
| laws of their country, subversive of its constiPROCLAMATION.
tution, and having for its object the destruc
tion of the Union--that Union which, coeval BY GENERAL Jackson, PRESIDENT of with our political existence, led our fathers, THE UNITED STATES.
without any other ties to unite them tban
those of patriotism and a common cause, Whereas a Convention, assembled in the through a sanguinary struggle to a glorious State of South Carolina, have passed an ordi- independerice-that sacred Union, hitherto nance, by which they declare - That the se- inviolate, which, perfected by our bappy con. veral acts and parts of acts of the Congress of stitution, has brought us, by the favour of the United States, purporting to be laws for Heaven, to a state of prosperity at home, and the imposing of duties and imposts on the im. bigh consideration abroad, rarely if ever portation of foreign commodities, and now equalled in the history of nations. To prehaving actual operation and effect within the serve this bond of our political existence from United States, and more especially two acts, destruction, to maintain inviolate this state of for the same purposes, passed on the 29. of national honour and prosperity, and to justify May, 1828, and on the 14. of July, 1832, are the contidence my fellow.citizens have reposed unauthorised by the constitution of the United in me, 1, Andrew Jackson, President of the States, and violate the true meaning and in- United States, have thought proper to issue tent thereof, and are null and void, and no this my proclamation, stating my views of the law, nor binding on the citizens of that state constitution and laws applicable to the mea. or its officers :” and by the said ordinance it is sures adopted by the Convention of South further declared to be unlawful for any of the Carolina, and to the reasons they have put constituted authorities of the state, or of the forth to sustain them, declaring the course "Jvited States, to enforce the payment of the which duty will require me to pursue, and, duties imposed by the said acts within the appealing to the understanding and patriotism same state, and that it is the duty of.the of the people, warn them of the consequences Legislature to pass such laws as may be neces- that must inevitably result from an observance sary to give full effect to the said ordinance. of the dictates of the Convention.
And whereas, by the said ordinance it is Strict duty would require of me pothing further ordained, that, in no case of law or more than the exercise of those powers with equity, decided in the courts of said state, which I am now, or may hereafter be, inwherein shall be drawn in question the va. vested, for preserving the peace of the Union, lidity of the said ordinance, or of he acts of and for the execution of the laws. But the the Legislature that may be passed to give it imposing aspect which opposition has assumed effect, or of the said laws of the United States, in this case, by clothing itself with state no appeal shall be allowed to the Supreme authority, and the deep interest which the Court of the United States, nor shall any copy people of the United States must all feel in of the record be permitted or allowed for that preventing a resort to stronger measures, purpose; and that any person attempting to while there is a hope that anything will be take such appeal shall be punished for a yielded in reaso og and remonstrance, per: contempt of court.
haps demand, and will certainly justify a full And, finally, the said ordinance declares, exposition to South Carolina and the nation, that the people of South Carolina will main- of ibe views I entertain of this important questain the said ordinance at every hazard; and tion, as well as a distinct enunciation of the that they will consider the passage of any act course which my sense of duty will require by Congress, abolishing or closing the ports of me to pursue. the said state, or otherwise obstructing the The ordinance is founded, not on the indefree ingress or egress of vessels to and
from feasible right of resisting acts which are the said ports, or any other act of the Fede- plainly unconstitutional, and too oppressive ral Government to coerce the state, shut up to be endured, but on the strange position, her ports, destruy or harass her commerce, that any one state may not ouly declare an or to enforce the said acts otherwise than act of Congress void, hut probibit its executhrough the civil tribunals of the country, as tiou-that they may do this consistently with inconsistent with the longer continuance of the constitution---that the true construction of South Carolina in the Union ; and that the thal instrument permits a state to retain its peuple of the said state will thenceforth hold place in the Union, and yet he bound by no themselves absolved from all further obliga. other of its laws than those it may choose to tion to maintain or preserve their political consider as constitutional. It is true, they conuexion with the people of the other states, add, that, to justify this abrogation of a law, it
must be palpably contrary to the constitution; plies for its prosecution. Hardly and unbut it is evident, that to give the right of re- equally as those measures bore upon several sisting laws of that description, coupled with members of the Union, to the legislatures of the uncontrolled right to decide what laws none did this efficient and peaceable remedy, deserve that character, is to give the power of as it is called, suggest itself. The discovery resisting all laws; for as by the theory there of this important feature in our constitution is no appeal, the reason alleged by the state, was reserved to the present day. To the good or bad, must prevail. If it should be statesmen of South Carolina belongs the insaid that public opinion is a sufficient check vention, and upon the citizens of that state against the abuse of this power, it may be will unfortunately fall the evils of reducing it asked why it is not deemed a sufficient guard to practice. against the passage of an upconstitutional If the doctrine of a state veto upon the laws act by Congress? There is, however, a re- of the Union carries with it internal evidence straiut in this last case, which makes the of its impracticable absurdity, our constituassumed power of a state more judefensible, tional history will also afford abundant proof and which does not exist in the other. There that it would have been repudiated with inare two appeals from an unconstitutional act dignation, had it been proposed to form a feapassed by Congress-one to the judiciary, the ture in our Government. other to the people and the states. There is In our colonial state, although dependent no appeal from the state decision in theory ; on another power, we very early considered and the practical illustration shows that the ourselves as connected by cornmou interest courts are closed against an application to with each other. Leagues were formed for review it, both judges and jurors being sworn common defence, and before the declaration to decide in its favour. But reasoning on this of independence, we were known in our agsubject is superfluons, when our social com- gregate character as the United Colonies of pact in express terms declares that the laws America. That decisive and important step of the United States, its constitution, and was taken jointly. We declared ourselves a treaties made under it, are the supreme law nation by a joint, nut by several acts; and of the land; and, for greater caution, adds, when the terms of our confederation were re" that the judges in every state shall be duced to form, it was in that of a solemn bound thereby, anything in the constitution league of several states, by which they agreed or laws of any state to the contrary notwith that they would, collectively, form one nation, standing." And it may be assected, without for the purpose of conducting some certain fear of refutation, that no Federative Govern- domestic concerns, and all foreigu relations. ment could exist without a sinilar provision. In the instrument forming that Upion, is Look for a moment to the consequence. If found an article, which declares that “ every South Carolina considers the Revenue Laws state shall abide by the determination of the unconstitutional, and has a right to prevent Congress on all questions which, by that contheir execution in the port of Charleston, Tederation, should be submitted to them.” there would be a clear constitutional objec- Under the confederation, then, no state tion to their collection in every other purt, cou'd legally annul a decision of the Conand no revenue could be collected anywhere, gress, or refuse to submit to its execution ; for all imposts must be equal. It is no answer but no provision was made to enforce these to repeat that an unconstitutional law is no decisions. Congress made requisitions, but law, so long as the question of its legality is to they were not complied with. The Governbe decided by the state itself; for every law ment could not operate on individuals. They operating injuriously upon any local iuterest had no judiciary no means of collecting rewill be perhaps thought, and certainly repre- venue. sented, as uc constitutional, and, as has been But the defects of the confederation need shown, there is no appeal.
not be detailed. Under its operation, we If this doctrine had been established at an could scarcely be called a nation. We had early day, the Union would have been dis neither prosperity at home nor consideration solved in its infancy. The excise law in Penn- abroad. This state of things could not be ensylvania, the embargo and non-intercourse cured, and our present happy constitution law in the Eastern States, the carriage tax in was formed; but formed in vain, if this fatal Virginia-were all deemed unconstitutioval, doctrine prevails. It was formed forimportant and were more unequal in their operation than objects that are announced in the preamble any of the laws now complained of; but, for- made in the name and hy the authority of the tunately, none of those states discovered that people of the United States, whose delegates they had the right pow claimed by South Ca- | framed, and whose conventions approved it. rolina. The war into which we were forced, The most important among these objects to support the dignity of the nation and the that which is placed first in rank, on which rights of our citizens, might have ended in all the others rest, is “ to form a more perfect defeat and disgrace, instead of victory and ho- Union.” Now, is it possible that, even if there nour, if the states, who supposed it a ruinous were no express provision giving supremacy to and unconstitutional measure, had thought the constitution and laws of the United States they possessed the right of bullifying the act over those of the states, it can be conceived by which it was declared, and denying sup- that an iustrument made for the purpose of
“ forming a more perfect Union” than that of would operate with perfect equality. If the the coufederation, could be so constructed by unequal operation of a law makes it unconsti. the assembled wisdom of our country as to tutional, and if all laws of that description substitute for that confederation a form of may be abrogated by any state for that cause, Government, dependent for its existence on then, indeed, is the federal cousiitution unthe local interest, the party spirit of a state, worthy of the slightest effort for its preservaor of the prevailing faction in a state ? Every tion. We have hitherto relied on it as the man of plain unsophisticated understauding, perpetual bood of our Voion. We have rewho hears the question, will give such an an-ceived it as the work of the assembled wisdom swer as will preserve the Union. Metaphy- of the nation. We have trusted to it as the sical subtlety, in pursuit of an impracticable sheet-anchor of our safety in the stormy times theory, could alone have devised one that is of conflict with a foreign or domestic foe. We calculated to destroy it.
have looked to it with a sacred awe as the I consider, then, the power to annul a law palladium of our liberties, and, with all the of the United States, assumed by one state, solemnities of religion have pledged to each incompatible with the existence of the Uuion, other our lives and fortunes here, and our contradicted expressly by the letter of the hopes of happiness hereafter, in its defence constitutiou, unauthorised byits spirit-incon- and support. Were we mistaken, my counsistent with every principle on which it was trymen, in attaching this importance to the founded, and destructive of the great object constitution of our country? Was our devofor which it was formed.
tion paid to the wretched, inefficient, clumsy After this general view of the leading prin- contrivance which this new doctrine would ciple, we inust examine the particular appli- make it ?-Did we pledge ourselves to the cation of it which is made in the ordinance. support of an airy nothing-a bubhle that
The preamble rests its justification on these must be blown away by the first breath of disgrounds :-It assumes as a fact, that the vb. affection ? Was this self-destroying, visionary noxious laws, although they purport to be laws theory, the work of the profound statesmen, for raising revenile, were in reality intended the exalted patriots, to whom the task of confor the protection of manufactures, which stitutional reform was intrusted ? Did the purpose it asserts to be unconstitutional; that name of Washington sanction, did the states the operation of these laws is unequal; that deliberately ratily, such an anomaly in the the amount raised by thein is greater than is bistory of fundamental legislation ? No. We required by the wants of the Government; were not mistaken! The letter of this great and, finally, that the proceeds are to be ap- instrument is free from this radical fault; its plied to objects unauthorised by the coustitu- language directly contradicts the imputation; tion. These are the only causes alleged to its spirit-its evident iutent contradicts it. justify an opeu oppositiou to the laws of the No, we did not err ! Our constitution does country, and a threat of seceding from the not contain the absurdity to make laws, and Union, if any attempt should be made to en- another power to resist them. force them. The first virtually acknowledges whuse memory will always he reverenced, that the law in question was passed under a have given us a practical, and, as they hoped, powerexpressiy given by the constitution to lay a permanent constitutional compact. The and collect inposts; but its constitutionality father of his country did not affix his revered is drawn in question from the motives of those name to so palpable an absurdity. Nor did who passed it. However apparent this purpose the states, when they severally ratified it, do may be in the present case, nothing can be so under the impression that a veto on the more dangerous thau to admit the position laws of the Ouited States was reserved to that an unconstitutional purpose, entertained them, or that they could exercise it by impliby the members who assent to a law enacted cation. Search the debates in all their conunder a constitutional power, shall make that ventions-examine the speeches of the most law void ; for how is that purpose to be ascer- zealous opposers of federal authority-look at tained? Who is to make the scrutiny? How the amendments that were proposed. They often may bad purposes be falsely imputed! are all silent-not a syllable uttered, not a In how many cases are they concealed by vote given, not a motiou made, to correct the false professions! In how many is no decla- explicit supreinacy given to the laws of the ration of motive made! Admit this doctrine, | Union over those of the states-or to show and you give to the statesman uncontrolled that implication, as is now contended, could right tvdecide, and every law may be annulled defeat it. No we have no: erred!
The conunder this pretext. If, therefore, the absurd stitution is still the object of our reverence, and dangerous doctrine should be admitted, the bond of our Uniou, our defence in danger, that a state may annul an unconstitutional the source of our prosperity in peace. It shall law, or one that it deems such, it will not apply descend, as we have received it, uncorrupted to the present case.
by sophistical coustruction, to our posterity; The next objection is, that the laws in and the sacrifices of local interest, of state question operate unequally. This objection prejudices, of personal animosities, that were may be made with truth to every law that has made to bring into existence, will again be been or can be passed. The wisdom of man patriotically vffered for its support. never yet contrived a system of taxation that The two remaining objections made by the