George Washington Flowers 
 Memorial Collection 
 
 DUKE UNIVERSITY LIBRARY 
 
 ESTABLISHED BY THE 
 FAMILY OF 
 COLONEL FLOWERS 
 
OF THE 
 
 ADDRESS OF JOHN L. HUNTER, 
 
 SENATOR OF ST. BARTHOLOMEW'S PARISH, 
 
 COLLETON DISTRICT. 
 
 CONCERNING THE POLITICAL, DOCTRINE 
 
 OP 
 
 STATE SOVEREIGNTY $ NULLIFICATION, 
 
 BY A PLA1T¥ FARMER* 
 
 •'TRUTH IS GREAT, AND WILL PREVAIL.' 7 
 
 Charleston: 
 
 PRINTED BY J. S. BURGES. 
 
 1831. 
 
Digitized by the Internet Archive 
 in 2014 
 
 https://archive.org/details/shortexplanationOOhunt 
 
A SHORT EXPLANATION, &c 
 
 A Plain Farmer among his fellow-citizens of Colleton 
 District, would invite their attention to a few plain re- 
 marks on some of the leading doctrines contained in the 
 Address of John L. Hunter, with a scrupulous regard 
 to truth and jus* ice. The address with the Edisto pre- 
 amble to which it refers, and of which it may be considered 
 a component part, is either not perfectly understood or 
 grossly misrepresented. 
 
 Those papers distinctly declare "we mean not to affirm 
 that the Supreme Court can sit in judgment upon politi- 
 cal questions, or upon controversies between sovereign 
 States and the General Government, but we do affirm 
 that, that tribunal and a Convention of the States are the 
 only umpires created by that instrument" (the Constitution.) 
 Again, "but it is said the President cannot coerce a 
 sovereign State} true, a State may when she is oppressed 
 by the General Government, withdraw from the Union, 
 and thus evade by abandoning the Constitution the con- 
 trol of the Federal Government." 
 
 From these quotations and the whole tenor of those 
 papers it is plainly to be understood, that the General 
 Government is established upon a contract* with limited 
 powers — that upon a violation of that contract final and 
 conclusive judgment, according to the meaning of Mr. 
 Jefferson's Resolutions, belongs to each State as an inde- 
 pendent party. But in order to carry that judgment into 
 execution after a solemn protest, appeal, &c. fail, (should 
 a party be determined to right herself) it is necessary for 
 a State to resume those powers of sovereignty sh° has 
 delegated to form a General Government: to wit, she has 
 
 * For the terms and words of the contract see the Constitution of the 
 United States. 
 
 • 
 
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 given away the power to lay and collect duties, to declare 
 war, to make treaties with foreign powers, and has vested 
 the President with the command of the militia. Can she 
 resume those powers and still continue a member of the 
 Union, enjoying the protection and submitting to the 
 same; and is it not plain that to set aside or otherwise 
 defeat the collection of the duties, (which is a nullifica- 
 tion of the Tariff Act) is resuming the power to lay and 
 collect duties. Or can he State in nullifying have resort 
 to the militia, and make her Governor Commander in 
 Chief, when she has already vested the President of the 
 United States with the power of that office. The address 
 denies that she can,* if she can then is nullification as 
 understood in Carolina, peaceful and constitutional resis- 
 tance. 
 
 Many of our good citizens not examining for themselves 
 but submitting to the dictation of others, entertain such a 
 belief, and indulge the most severe reflections upon the 
 patriotism of those who differ from them, using the most 
 obnoxious epithets, such as jederalists enemies of State 
 Rights, #c.f 
 
 If such a remedy be provided for our State grievances 
 where shall we find it? The Constitution to which every 
 citizen should look without paying implicit obedience to 
 the opinion of any man, however great and exalted his 
 situation, is silent upon this most important subject. But 
 it is said to belong to the reserved rights of the State, not 
 enumerated in the Constitution. 
 
 It is very true, as the Address declares, that whatever 
 ri : h s the State possessed before she entered into the 
 agreement or compact with the other States, and did not 
 at that time surrender or give up, she sacredly holds as 
 her reserved rights, and our ancestors, peace to their 
 manes, and veneration for their memories, were so parti- 
 
 * For more abundant proof of this assertion, as the writer is not dis- 
 posed to deal out assertions without proof, he would refer the reader to 
 the Edisto preamble, the arguments of which he avoids to repeat for 
 the sake of brevity. 
 
 | It would aiFord the writer pleasure at a more convenient season, (as 
 to do so now would make this paper too long,) to undertake to shew 
 that nullification makes neither a federalist nor republican,, and that there 
 are good republicans on both sides. 
 
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 cular, and manifested so tender a solicitude for our interest 
 as to insert a clause in the Constitution for that purpose,- 
 but how can a right to nullify an Act of the General 
 Government have existed before its establishment. It 
 never has been recognized as a constitutional ri^ht, and 
 is confounded with, and mistaken for aright of resistance 
 not derived from the Constitution, but growing out of the 
 nature of the compact in defiance of the authority of the 
 Union; a right of the parties to resolve themselves into 
 their original independence. Pennsylvania attempted to 
 use it as a constitutional right years past, and was coerced, 
 and General Bright* who executed her orders, was tried 
 for treason; found guilty, and pardoned by the President. 
 
 After political excitement had subsided, she acknow- 
 ledged her error, and complained to Congress of the want 
 of a tribunal to adjudicate in a casein which a State feels 
 herself aggrieved by a violation of the Federal Compact, 
 and the necessity of an amendment to the Constitution for 
 that purpose. 
 
 But Congress, the South-Carolina delegation assen- 
 ting, declared by the rejection of the application that 
 no such amendment was necessary — that Pennsylvania 
 must submit to the authority of the Union (If the writer 
 errs in his statements he is willing to be corrected, and 
 will not be backward to make acknowledgment.) The Fe 
 deralists in the New-England or Yankee States, attempted 
 the same thing in the Embargo, and if sanctioned would 
 have nullified the last war, which they declared to be un- 
 constitutional, partial and oppressive upon them, unjust 
 and iniquitous. 
 
 Such proceedings were denounced by the States, and 
 by no State in the Union with more bitter execration than 
 South-Carolina, and indeed when the delusion had passed 
 away the people of New-England denounced the nullify- 
 ing doctrine with their advocates. 
 
 # You will perceive that the militia was called out to resist the 
 authority of the General Government, while the, Constitution declares 
 the President shall be Commander in Chief of the militia, which is a 
 fact better than argument to shew that nullification conflicts with the 
 provisions of the Constitution. Art. 2, Sec. 2. 
 
It is still fresh in the memory of many of you, that the 
 Hartford Convention,* the convention held by these fe- 
 deralists to defeat the war, was for a long time used as a 
 term of reproach. It may be said that those States were 
 paipably wrong; admitted, but right or wrong had they 
 not as much right to their judgment, which they had 
 solemnly pronounced, as our own Sta e, and may not other 
 States in the exercise of so dangerous a remedy be palpa- 
 bly wrong also, and if sanctioned by precedent and au- 
 thority shake our Government to its centre, paralize her 
 efforts in a state of great need, when she wants all her 
 power and energy, and deprive her of the means to protect 
 and defend the lights of her citizens at home, and their 
 rights and her honor abroad. 
 
 If nullification be peaceful and constitutional, strange 
 to tell that it had not been resorted to long since without 
 requiring a Convention so difficult to be had; still stran- 
 ger that no State in the Union, not even those States that 
 have a common interest and endure common suffering with 
 us, have given sanction to such proceeding. 
 
 Indeed many of the leading men in our own State 
 favourable to the doctrine, give us to understand that 
 nullification is no ordinary measure — that it should be the 
 lasi resort — that collision may take place — that the State 
 must be prepared for the worst — and succour may be ex- 
 pected from our neighbouring sister States, that when 
 the deed is done their feelings and interests must unite 
 them with us — they compare the proceedings to the com- 
 mencement of hostilities with England, in our Revolu- 
 tionary War. 
 
 A distinguished individual! o ( the State Rights and 
 Free Trade Party, alike distinguished for the greatness 
 
 *If nullification makes a republican then Caleb Strong, and the 
 Hartford Convention federalists w ere true republicans; and South-Caro- 
 lina during the war, who opposed and denounced Caleb Strong & Co. 
 was purely federal. Mr. Irving might as well persuade us that South- 
 Carolina like his has just awoke from her dream and shaken 
 
 off the mantle of the federalism; no indeed, many of her favourite sons 
 have changed the robes of federalism for those of republicanism; but it 
 is in vain to say South-Carolina has changed. 
 
 | he H on. George IVi'Duffie, the substance of whose language if 
 not his precise words, I have endeavoured to quote from memory, not 
 having his Charleston Dinner Speech belore me. 
 
1 
 
 of his mind, the honesty and noble qualifies of his heart, 
 has rankly declared that he derives not ,hc right to nul- 
 lify from the Constitution, hut from a higher power. 
 
 Another distinguished individual* a delegate to the Phi- 
 ladelphia Convention! from the same Party(Judge Cheves) 
 says, "On nullification, another of the specific modes of 
 action which have been suggested, I think a construc- 
 tion has been put in this State different from that which 
 Jefferson, Madison, and the Virginia and Kentucky 
 Legislatures intended it should bear; I do not say a less 
 correct one. They as I suppose, considered it a mere 
 declaration of opinion on the part of the States, of the 
 invalidity of the law." He goes on to say, "The evils the 
 South complains of ought to be resisted, but I deprecate 
 the action of a single State, I have no confidence in any 
 resistance, peaceble or forcible, which shall not embrace 
 a majority of the suffering States. I believe, I am sure 
 it will be abortive resistance; on the contrary to will 
 by a united determination, a redress of Southern wrongs 
 and security of Southern rights will be effectually to 
 accomplish both. Any measure of the suffering States 
 alone will be a measure of feebleness, subjected to many 
 hazards; any union among the same Slates will be a 
 measure of strength almost of certain success. 
 
 Such is the course recommended in the AddressJ and 
 the same course the Anti-Tariff Siates with South-Caro- 
 lina are at this time pursuing. Let South-Carolina then 
 continue to act in concert and co-operation with her 
 sister States, alike suffering with her in a dignified and 
 determined opposition to the odious and obnoxious Tariff. 
 If her efforts prove unavailing — Congress is hardened 
 against her complaints and will not redress her grievances, 
 and her people§ are determined to resist at all hazards — 
 
 * See Judge Cheves' letter to the State Rights Meeting in Columbia, 
 in 1830, I think September. 
 
 t The delegates from the Anti-Tariff States met in Convention at 
 Philadelphia, Sept. 30, 1831. All parties in this State approving of it. 
 May God bless their labours with success. 
 
 1 See last page of Mr. Hunter's Address. 
 
 § It is the duty of a Representative to give all the information he can 
 to the people upon all important political questions, in order that their 
 minds may be enlightened, and their will made known. 
 
8 
 
 then with firm reliance on the justice of her cause, and the 
 merciful providence of the same God who stretched out 
 his mighty arm to save, and did save our ancestors in their 
 glorious struggle for liberty, raise the sovereign voice of the 
 State in Convention, and let her pass her final and conclusive 
 judgment; then may she with a clear conscience call upon 
 her suffering sister States for succour, with a hopeful 
 prospect of receiving it and their cordeal co-operation. 
 
 Such are the true sentiments of Stare Sovereignty — of 
 prudence, interest and duty — and such are the sentiments 
 of the Senator's Address. 
 
 In doing a common act of justice in making this ex- 
 planation, the writer trusts he has wounded the fee-ings 
 of no one. Far, very far from his intentions to impugn 
 the motives and villify the character of any one, however 
 widely he may differ in political sentiments. He allows 
 to others what he claims for himself, the sacred privilege 
 of a freeman to form and maintain his own opinions, con- 
 ceiving it at the same time his duty and the duty of every 
 one, to seek and receive all the information he can get, as 
 the foundation of those opinions. 
 
 A PLAIN FARMER. 
 
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