STATE SOVEREIGNTY. ANB A CERTAIN DISSOLUTION OF THE UNION, BEXJAMENT ROJMTAINE, An Old Citizen of 'New-York. To the Honorable John C. Calhoun, NOW VICE PRESIDENT OF THE UNITED STATES. NEW-YORK : JAMES KENffADAY, PRINTER, NO. % DEY-STREET. 1832. STATE SOVEREIGNTY, AND A I CERTAIN DISSOLUTION OF THE UNION, BY BENJAMOT ROMAINE, An Old Citi/en of New-York. To tlie Honorable John C. Calhoun, NOW VICE PRESIDENT OF THE UNITED STATES, NEW-YORK: J. KENNADAY, PRINTER, NO. 2 DEY-STREET. 1832. TO THE PUBLIC, lu August 18:U. Vice President Calhoun's first and most extraordinary publication, made its appearance, occupying seven columns of close newspa- per "print, declaring the right of a state to nulify the laws of the United States, on the ground^ of its Sovereignty. It is a solecism in language and false in fact, to call that Sovereign* which is subject to the control of another. What shall restrain a Sovereign pow- er, but its limitations ? If the states are all Sovereign, and without an ef- fectual check, or limitation, then is the United States Sovereignty null, be- cause of its limitations : and this is the sum of the whole matter, now at issue. The Vice President now makes his second public appearance, in the Charleston Mercury, of date the 23d August last, 1832, in twelve addition' al columns of close newspaper print, which does not add a single impor- tant idea to his seven column production of August 1831. The wordy webb indeed, is now of far finer texture, and well calculated to the purposes of it. It is a mere tfesue of political metaphysicks* to be believed without the possibility of understanding it. On the face of the matter, the Vice President is now drawn out by the request of Governor Hamilton of South Carolina, who has been trans- formed, in a few short month?, from a private soldier of the militia to a Ma- jor Generalship, in addition to his gubernatorial command. It would thus appear that all things are now ready to the noble work of nulification : as originally planed by that notorious Englishman and mon- archist, President Cooper of South Carolina College, and 1 Robert Y. Hayne / and otephen Miller, Senators, and Geor^n Mo.Du .:*.- W R.Davis, John M. Felder, John H. Grifen, W. T. Nockles and Rco rt W. fcarnwell, all members of Congress : had also, jointly proclaimed, and fixed their Signatures to a like manifesto. I am happy to make known, that all tnese gentlemen are of South Carolina only. i It is now already seen, in every direction, that Vice President Cal noun's "sentiments and opinions of the relation vthicfi the states and general gov- &rnmcnt now bear to each other,' arc repeatedly quoted, and are widely spreading their most deloterieuo effects, throughout our states, throughout this continent, and, no doubt, throughout Europe also. It has alreedy con- taminated, in a greater and a less degree, the entire region of the South. * * It sweeps along like the dark and deleterious Sirocco winds, over Affric's burning sands," and " like a new born mist, now seems to blot the sun ! !" I have no personal enmity to gratify, n y partialities are favourable to the Vice President as a man, but! can have no idea of half-work in so impor- that a matter, as now agitates the public mind. I only regret to have fail- ed, in several efforts, to elicit some competant talent, in aid of so vast a With this apology, and with the most profound respect, I am, the Publics, most Obedient Ilu.nble Servant, BENJAMIN 7 ROMAINK. MTATJ3 SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. BT AN OLD CITIZEN OF NEW-YORK: TO TPIE HONORABLE JOHN C. CALHOUN, Now Vice President of the United State?. No. I. SIR, I have the honor of a short personal acquaintance with you, sought for and had, during the late war, at the city of Washington, on the several occasions of my official duties there. I have listened to your " sen- timents" on the floor of Congress, with pleasure : and the promptness of your subsequent answers to my several written communications, gave me a favorable opinion of your fitness for office, Your very laboured publications to sustain an exis- ting "paramount" Sovereignty in our several States, since the adoption of the present Constitution of the United States, has occasioned a general surprise, and much painful regret. Your Station, the time, man- ner, and perplexing matter of your address, has made it a subject of the highest importance, not to us only,, but very specially to the Republics of South America,- who had adopted our model, and now held in a con- fused struggle of formation, from this impractica- ble doctrine, sought to be sustained among us. Of this anti-federal germ you now stand forth the unequaled advocate, although we have a deep ex- perience, and certain knowledge of,its distructive ten- dencies. This I now r pledge myself to substantiate, in a few short numbers, and which, in strict proprie- ty, are addressed to you as my special auditor. It is evident that a great and mighty change of political sentiment, is about to pervade a large portion of this globe. Such great changes, whether religious or po- litical, are of rare occurrence. Europe has been held under the uniform power of personal despotisms, for more than, two thousand years, and the struggle now (ft is if theif institutions are to be eternal ! Our written model of republican Constitution, has gone forth thank God, and yet stands foremost in this high career of social melioration. Hence, Sir, the vast concern to sustain it in all its original puriety, and as it was a- dopted by a united Sovereign people, and as now dis- played by its ample energies, all operating, in due checks and balances, and resting mainly on the single lever of the elective franchise. It is on this part of your address, I am now con- strained to animadvert. The tarif question has been laboured,-the constituted authorities have decided, and their I rest that part of your address. From your elevated station, bringing into serious controversy any of the fundamental principles of our Constitution, your recently published " sentiments and opinions of tJie relation which the States and general Government now bear to each other" could not but arrest a general attention among your fellow citizens ; and must ultimately seize on the high consideration of foreign Governments, with home we have made, and now hold the most important treaty relations; all of which are bassed on the idea of supreme Sovereignty in tJie collected body of the people of the United States. A total denial of -this fact, is the main subject of your address, and you are the first man who ever assumed a like position, and grounded on a "paramount" Sover- eignty of the individual States, since the adoption of the present Constitution. It is clearly seen, that, your assumption became of indispensible necessity as the ground work of your system of nulification. You have indeed placed yourself, in the front ground, but it can no longer be doubted to be the work of a combination. You have seized on the death robes of the deceased Jefferson to bear you out in your assumptions. You have raked into the embers of his election to the Pre- sidency, in 1800, and the then opposition to the Alien and Sedition laws,and applied these to your pre- sent system of nulification. To proceed these for- eign powers must shortly charge their several Em- bassadors. strictly to inquire if, in reality, the old (T) State Sovereignty texture, of our confederation ol' 1778, under which they refused, or rather could not treat with us, as a united Sovereign people, had never ceased to exist; and, if they had been led, deceptively, into those treaties, which you now hold that, a single Sovereign state can nidify at pleasure. And if further- more if our much boasted present Constitution of gen- ( nil Government, had falsly declared to the world, that their " law s were the supreme laws of the land" These powers will naturally present your publication, of a paramount state Sovereignty, as the text-book of their inquiries ; " so says your Vice President, the second officer of your Government /" Forty three years of practical use, and investigation of a few pages ot* plain written document, the Consti- tution of the United States, consisting of seven short articles, all expounded upon by seven Presidents of the United States, a regular succession of twenty-two Con- gresses, now composed of forty-eight Senators,two from each state, and about two hundred and ten of the im- mediate representatives of all the people of the United States, added to these, are seven supreme judges, hold* ing their stated court at the seat of government, Hogeth- rr with such other inferior courts in each state, as the Congress may from time to time, ordain and establish." These are the main agencies, among a host of minor agents, civil and military, of our government. The President holds his office during four years, the Sen- ators six, the Representatives two, and the Judges during good behaviour ; all under the penalty of im- peachment, dismissal and disgrace for mal-adminis- tration, and all are bound together by the solemnity of an oath of faithful integrity to " SUPPORT THE CONSTITUTION OF THE UNITED STATES.' THE INDIVIDUAL STATE AUTHORITIES TAKE THE SAME OATH, and you have taken the same oath, and are now acting under the high penalties of it. " All this dread order break, for whom.?" You now declare to have assumed as facts, and as the main " BASIS" of your productions, certain Kentucky resolutions, and a report of the Virginia Legislature* (8) us tar back as 1798, and passed during the heat of that unexampled party contest, which placed Mr. Jefferson in the chair of the Union ! These long by-gone circumstances, arc now totally .irrelevant to your present system of nuliilcation. The resolutions of 1708, went to oppose the admisistration of that day, on the unconstitutionality of the Alien Bill, and the Sedition laws, " as infringements on the liberty of the press, and the freedom of speech-" The first impowered the President to seize any alien, suspected by him to be inimical to the government, and order him to depart the country. This Bill was main- ly aimed at the French citizens among vis, then in the progress of their revolution. The Sedition law im- posed a line and imprisonment on every body, wheth- er alien or native, "for writing, publishing, or pro- claiming any thing tending to bring the government, or its officers into disrepute." Several prosecutions, fines and imprisonments were had, in the state courts, under one or both these laws. They became extremely obnoxious; and with Mr. Jefferson at our head, and by means of the elective franchise ! we opposed them with all our might ; and thereby ^CONSTITUTION ALLY, removed that Congress and administration from power. " Go thou and do likewise." The Virginia resolution of 1798, you now apply, .and torture their meaning, into your present system of nuiification, and openly declare Mr. Jefferson as an ac- complice ! ! ! He will be fully rescued from the dar- ing aspersion on his posthumous fame. Your princi- ples of nuiification go to destroy the constitution, Mr. Jefferson's principles to sustain it on the ground of the elective franchise, bassed on the will of the majority, which you now also declaritwely oppose. Mr. Jef- ferson asks "is he honest, is he capable, and will he support theConstitution and laws oflhe UnitedStates?* what, Sir, would he now say of your recently declar- ed " sentiments and opinions," in direct opposition to the Constitution, and the " supreme laws of the land ?" It will facilitate the means towards a more clear understanding and patriotic a ttractment to'our exist- (9) tng " relations, between the states and general govern- ment," and especially so, to many of the present and rising generations, if we step back, for a few moments, and retrace a short sketch of FACTS, not "opinions and sentiments" which, as a people, and Jieretofore as separate state Sovereignties, we have borne, and that which we now bear to each other. On looking over your most dangerous and exten- sively spread epistle, to the people of the United States, it was found that you had adhered almost wholly, and throughout seven columns of close n< wspaper print, to a mere detail of "sentiments and opinins" of your own and one other man, whom you have named, and thus doomed to share with yourself, ike high respon- sibility of YOUR OWN assumptions ! I am sorry to see that great man now named by you as an abetter of your present creed, becaase, #e is dead! His inaugur- al address, in the Presidency proves that, he never was an anti-federalist; at the head of whose banner you have now arrayed yourself. Your plan of address, by way of ' opinion" while it affords to you infinite scope, not requiring to be narrowed down by FACTS, determined me to an oppo- site course, both for brevity sake, and as far as possi- ble to exclude " opinions," and leave the community to judge from the facts in the ca,se. Yours, &c. BENJAMIN ROMAINE. STATE SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. No. 2. SIR, I now proceed to a short sketch of FACTS, in re- lation to our General and State Governments, as 2 mentioned in No.^l, with the view to a more cit^r understanding of this important subject, and specially so, to many of the present and rising generation, and thus to inspire a patriotic love of our present Union from certain historical facts, thus made familiar. These States were originally divided into thirteen distinct colonies, and subject to Great Briton. Each Colony was held to the Sovereign power by separate charters, alike in character, and which contained a regular form of Government, very like our present State Governments, to which they served as modals. The Colonies, now States, all bordering on each other, in one vast range of territory, were at no time a divided people, either in general sentiment or action, but on all occasions of insult, or imposition of the old step-mother, on one Colony, the whole rallied in a mutual defence ; They were however prohibited all foreign commerce, and in some cases the internal commerce between the colonies was restrained. In a most special manner internal manufactures were for- bidden, unde r certain pains and penalties, Machin- ery of every kind, to such end, were hunted out by spies and informers, burnt and destroyed, even the household labours of clothing and the necessary imple- ments of husbandry were limited, in their construction ; and Pitt, the British Minister (whom we are in the habit of eulogising) had declared that the "Colonists ought not to be permitted to make a Hub Nail." The Colonists submitted to these restrictions with- out any general risings; but on all attempts to raise a direct revenue by mere act of Parliament, and with- out our due representation there, or even the consent of our Colonial Legislatures, was instantly met by a combined opposition, on the ground that "represen- tation and taxation were inseparable, by the British Constitution." In 1764, certain Bales of stampt paper, were trans- mitted to the Colonies, by act of Parliament. The old Dutch Republicans of this city, who emigrated here from Holland, when it was a republic, and who had been exchanged, by Holland, to the English, for (11) surrinam in South America, seized on the stamp pa- pers, and burnt them, together with Lieutenant Gov- ernor Colden's coach, taken from the west wing of the Fort, mounted with about forty pieces of cannon, and which then stood at the lower part of Broadway, be- low the present Bowling Green. The obnoxious stamp act was repealed, and the Col- onies returned to their allegiance, regardless of the de- claration, which was suffered to remain on the English Statute Books; proclaiming their "right to tax the Colonies in all cases whatsoever" The British Government then proceeded to erect new Forts, and strengthen the old ones, " to trans- port and quarter among us, large bodies of armed troops, without the consent of our Legislatures ;" and in 1775 the famous Tea-project was ordained, with de- termination to enforce a direct tax. Accordingly a ship load was sent to Boston, and the people, commit- ted the whole cargo to one drawing in the salt waters of Massachusetts Bay. Boston harbour was blocka- ded and her Charter declared null and void. The Colonists rallied in defence, and afforded every aid to the invaded Colony. The determination of England to enforce her long brooded intent, to raise a direct revenue, in addition to the vast advantages derived from the Colonies, as the consumers of her surplus manufactures, was no longer a matter of doubt. It became necessary to prepare for the conflict, or yield, ingloriously, to a degrading submission. The Colonists chose the combat! They were destitute of the munitions of war, and without consentration to di- rect any unitted force. Their chief cities were occu- pied by trained regiments, in military array, and their harbours guarded by hostile ships. The uniting Sov- ereign power, was not only withdrawn, but had de- clared the Colonies to be in a state of rebellion to it. Such, Sir, was the train of relations which the Col- onies (now states) then bore to each other ; and if ev- er a time existed, calculated to " try mens souls? t>"~ noint of it, capt the climax of human firiP 1 ^ (12) Our political ship was thus launched on the wide ocean of revolt and made subject to the caprice and dictation of thirteen adventitious Sovereignties, and independent commanders-in-chief; and all of them unacquainted, or crudely informed, to act in their newly acquired capacity, to wield or direct a united Sovereign power. JjT I n a M communities of men it has been found indispensable to create a MAJESTY, a Sovereign contro/ing power, an Arbiter which can have no equal, and much less a superior, or it could not be Sovereign, nor act efficiently to a general interest. Thus Governments of every kind must possess the power of self-preservation. The} n ust be able to en- force the civil laws, command the national purse, bring into action the physical force, put down insur- rection and rebellion, punish treason, repel invasion, defend the nation against foreign power and internal defection, and thus provide for the general welfare. No Government can permit, or shew a weakness, or failure, in any of these indispensible requisites, with security to itself, and let it be forever remembered " that fears in the public councils betray like treason" We ought never to doubt for a moment, of the effi- ciency of our government, to sustain its united integ- rity. Washington's farewell address. To proceed. The Colonists began their research of a new Sovereign, at the true fountain head of all le- fitimate authority. THE WHOLE PEOPLE ; and have nally constituted and "consolidated" themselves, as the only true, and never to be divided Sovereignty ; thus for ever excluding all personal rivalships, and family successions, from the supreme power. These have been the causes of the most cruel and vindictive wars of any other source of contention among man- kind. The distressed people of Portugal are now suf- fering in their blood and treasure, in a mere family ri- valship. , On closing this number, I am constrained here to say, in advance of my subject, and with great reluc- tance, that, in my full belief, no man, of all the parties (13) whoever spoke or wrote in relation to our union, has? ever presented to the world our united Sovereignty in so unfavourable a condition, as you have done. For the present, the following extract, from your production will aifbrd a short specimen. You have declared to the world, " that the South de- " mands free trade, light taxes, economical and equal "disbursments, unshackled industry leaving them to "pursue their OWN interists. (This demand is im- "" possible while the present Constitution exists.) That " from the Potomack to the Mississippi, if dependent ;i on their own volitions, every shackle on commerce " would be removed, which now represses, and en- " crouches on their enjoyments. That no two na- " tions EVER entertained, more opposite views of "POLICY, than these two sections!!" (I take these " sentiments," to be a direct excitement to rebellion, and a gross calumny on the patriotism of the intire South of our union.) "That we have arrived to a " point which a great change CANNOT be much longer ;i delayed, and the more promptly it be met, the less ex- "citernent there will be, and the greater leisure, and " calmness in making the TRANCISION ; (what tranci- " sion ?)and which becomes those the more IMMDEIATE- " LY interested to consider ! [who are they.] That to ;i delay longer must finally increase the SHOCK, and * ; disastrious consequences which may follow ! ! !" If these " sentiments and opinions," do not lead direct to a dissolution of our 'union, I know of no words, more expressive of suR effect ; and the Potomack is assum- ed as the line of separation. Thus according to your " sentiments," all further attempto to modify the tarif duties as a peace offering, must prove to be worse than useless ! at any rate, the extent of your patriotism, of which you repeatedly boast, differs widely from that of the father of his united Country, whose prophetic mind foresaw all you have now written, and therefore placed his opposing " sentiments" on the eternal re- cord! Viz : " The unity of government which con- " stitutes you one people, is also ever dear to you, much " pains will be taken to weaken in your minds this 44 truth. Designing men may endeavour to excite a " belief fliat tliere is a real difference ofinterists and " mews ; beware of heart burnings from these mis- " representations. Frowning upon the first dawning " of every attempt to-alienate any portion of our country " from the rest, enfeabling the sacred ties, which link " together the various parts !" No. 3 will RBsume a moro regular \ \ am ^ Yours, &C. train of relations on this all \ important subject, } BEN J. ROMAINE. STATE SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. No. 3. SIR. In No. 2 the events of our Revolution, from its com- mencement, were noted, and it is now intended to keep the subject in connection, as far as a hasty review will admit. The absolute necessity of some general form of United Government of the Colonies, became indespensible to a successful opposition to the vast power of England. The Colonists, as stated in No. 1, began their re- searches of a new Sovereign Authority, at the only true fountain head of all legitimate^Sovereignty, THE WHOLE PEOPLE. From their primary assemblies they first delegated the power to certain committees of "public safety" to communicate with like committees, in the several Colonies. Provincial, or rather Colonial Congresses followed in course, and finally a Continental Congress was delegated from the same sacred fountain. They were however cau- tiously intrusted with powers which had relation to the whole Union. Each Colony paid its own dele- gates, and on the recommendation of the General Oft ~^s. each independent Colonv furnished, or not> as they chose, tu*,:* quota of men ana mo*****? . a general defence, and tJien without incurring the sin of rebellion or treason. The immortal Congress of 1776, saw in clear per- spective, the doubtful cohesion of the thirteen Sov- ereign Commanders, at least in their Colonial capa- city, and on the 4th day of July, 1776, they assumed a daring attitude, a national character ! They ap- pealed to their God, and the civilized world, "and de- clared the United Colonies to be free, Sovereign and independent STATES ! " a noble responce resound- ed throughout the land, the received spirit appalled the internal opposition, and Europe hailed the energy, and magnitude of the deed ; aid and aliances followed, as the new Constellation was seen rising at the verge of the political horizon. Hostile armies were landed on our coasts in 1776, and began their work of distruction by fire and sword; and Washington was beaten in every direction. Our war of defence dragged on heavily, from the tardy supplies of the several Sovereignties, and at the be- gining of the Winter of 1777, our little reduced army was in full retreat, through the Jerseys, towards Philadelphia, and closely pursued by a British force, more than three times our number. The Congress then requested Gen. Washington to accept the sole direction of the war! when he in-* stantly faced about, and at night, in a violent snow storm, he recrossed the Delaware River, a short dis- tance above the* enemies' camp, and captured nine hundred Hessians at Trenton. The General writes to Congress, "that the soldiers were then destitute of shoes to their feet, and that their footsteps were marked in blood ! " The British General was obliged to retrace his steps back towards New- York, and failed to reach Philadelphia that winter. In 1778 the Congress, as an additional incentive to a unity of defence, presented to the State Legisla- tures, for their adoption, a kind of general Constitu- tion, consisting of thirteen articles, declared to be "articles of confederation and perpetual union" (16) 'They were nowever, not ratified by the States until the 1st of March, 1781, two years only before the close of the revolutionary war, because of the incessant excitement of State jealouscies. This "firm league of friendship" between the states, begins thus, "each state retains its Sover- eignty, freedom and independence, and every power, jurisdiction and right, which is not, by this confeder- *ation, expressly delegated to the United States in Congress assembled" Our present Constitution be- gins thus, " We the people of the United States, tyc. The words State Sovereignty, are not mentioned in it, and for the best reason in the world, because that was yielded to the general government The state Sovereignties, before they ratified the ar- ticles of confederation, had restricted the powers of Congress, in making war and peace, in borrowing mo- nies, in the formation of treaties, and regulations of commerce, &c. Our internal supplies depended as before the Con- federation, on the will and pleasure of each Sovereign State. The general Congress was expressly forbidden to make any "treaty of Commerce, whereby the Legis- " lative power of the Sovereign States shall be restrain- *' ed from imposing such imports and duties on foreign- " ers as their own people are subject to, or from pro- -" hibiting the exportation or importation of any spe- " cies of goods or commodities whatsoever," &/c. , I seek brevity, Sir, nor is it necessary further, in theis place, to notice the defective arrangements of the old confederation. Nevertheless the seven years battle was fought, and the British Lyon was made to cower under the talons of the American Bird, in 1783. Britain however pre- dicted, and on commercial grounds, that distruction from our internal discord, which her arms had failed to effect ; and now also, from your recently pub- lished " sentiments and opinions," and on the same grounds it is threatened and made to appear that, the fulfillment of the prophecy, is near at hand, and the "present English Tarif question, is to complete the (17) prediction!!! But I am again in advance of tin subject. Four years elapsed, after the peace, under the old confederation, and which had completely failed of all uniting purposes between the Sovereign states. The extention of our commercial relations, and the local, dissimilar, and imposing arrangements of some of the most powerful states, pointed to a more efficient Leg- islation to preserve the integrity of the union ; and more especially, for the united adjustments and forma- \ tion of our treatise, both political and commercial with foreign states and nations. These nations refused, nay they could not treat with us collectively, as a united people, while the sev- eral states continued to be distinct and separate Sov- ereignties, as declared by the old confederation. Thus our existance in thirteen independent Sover- eignties, and destitute of a united and controlling en- ergy, was demonstrated to be totally incompatible with union at home or respect abroad, and which became the sole^cause for calling the contention, of the then Sovereign States to remedy the evil ! Certain states had actually commenced restrictions on the inter- course with other states, and to form separate tariffs of internal duties, and also on * exports and imports" with foreign nations. Alamode, your State Sover^ *eignty. A new state of our relations was thus seen to be of immediate necessity. The state Sovereignties had, as yet, no enmitiesjtowards each other ; they were a Band of Brothers, left destitute of a cohesive principle which the pressure of the war had effected, and were about to form separate treatise with foreign nations, and thus ;to become the sport of tyrants, and the derision of the world ! Yes, Sir, and all this in about four years of peace, and after their joint, and successful war of revo- lution. Thus had the states in their separate Sov- ereignties well nigh completed the ruin predicted by our enemies at the end of the war ! These once venerated shades (the State Sovereign- ties,) you have now raised into new life, and placed 3 them once more in hostile array to each other, and specially to the general government, and clothed in the most terriffic forms. The present and rising generations are now taught, by the Vice President, that no two nations ever entertained more opposite views of policy and interests, than the two sections" the South and the North of our republics, " on the line of the Potomac !" What can now suffice all the declarations of your patriotism, as regards the integ- rity of the union, after such deliberate, open, and a- vowed " sentiments and opinions ?" The excitements of speech, on the floor of Congress, do not bear, on the public mind, that forceof intent, though the same " sentiments and opinions" be expressed in the heat of debate. Tarn, Yours, &c. BENJ. ROMAINE, STATE SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. No. 4. SIR, In No. 3, the most critical events of our revolu- olution were hastily sketched. The declaration of Independence, in 1 776, revived the drooping spirit of the Colonists, appalled the internal opposition, and Europe hailed the energy and magnitude of the deed. The seven years battle was fought and won ; when, in less than four years after the peace, the states, in their individual Sovereignty, had well nigh produced that ruin to our union, which the whole power of Eng- land had failed to effect ; and which Lord Sheffield had predicted, in his writings of that day, on the American COMMERCE. The United States government, constructed as it now is, of agents to execute the whole people's Sover- eign power, and who are to be changed at their will, can never become a tyranny. The state governments in Sovereignty must, long e'er this day have become conttending despotisms ; our revolution a curse, and (ID) the people of each state made aliens, and foreigners to each other, and far less degrading and humiliated would have been our present condition, to have remained the slaves and commercial dependents of our old task- ' master. Every individual would now be obliged to seek pas- ports, suffer search of Person, of Baggage or Mer- chandize, at the point of the bayonet, and a thousand harrassments in passing and repassing through each of the Sovereign states. In such case I need not men- tion the personal affronts, the contentions, and honor- able wars, between certain state High-Mightiness, Chieftains, Kings, Lords or Barons; and all to be held in perpetual armour, and other proud Ensignia, of battle to sustain the dignity of their several inde- pendent state domains, at the expense of blood, and the treasure of an enslaved people. Even NOW, such choice spirits, though yet without titles, we have never ceased to witness them here, flitting about, in our several states, and in a kind of mimical majesty, cre- ating disputes, both political and personal ; and then searching for partizans to defend their characters, in both capacities; and specially in their repeated attacks on the general government. These men will always be found, determined to sustain the states in their in- dividual Sovereignty, because when that shall be seen as " obviously impracticable" under our present con- stitution, as the convention who formed it, declared it to be, then will the " Othellos' occupations be gone" and the boundry line be set to an irregular and tumul- tuous ambition. I would not be understood as sensur- ing the honorable pursuit of fame. This passion truly directed, is the glory of man. Washington is one of the brightest examples, in its pursuit ! I will further remark here, that, our free trade, and uninterupted in- tercourse between the states, by land and water, now free from " imports" and other taxation, as the winds which wafts it a long our whole seaboard, and the rivers of the interior; which, together with our Ca- nals, Rail-Roads, and other national improvements, if not blighted by your nulifications, must continue to P5 increase our free international commerce, and speedi- ly produce the best market in the world for the con- sumption of our staple productions ; and thus ulti- ' mately fill up the measure of our glorious Union and Independence ! f Permit me now to sketch a parellel to our existance, in separate state Sovereignties. About one thousand years ago the Emperor Charlemagne attained to the sway of Europe, and after his death the Empire split into about nine hundred independent Sovereignties. The scenes of blood began ; each Baron, or Chieftain, con- tended with the others, for increase of dominion ; and that devoted country, to this day, presents the uncea- sing groans of a political Volcano, and ready to burst forth, every moment. It is now, governed by about three hundred distinct Sovereignties ; and the great body of the people exist, in humiliated poverty ; and are driven to exercise the most ferocious passions a- gainst their nearest neighbours. All these sovereign- ties are now sustained in perpetual preparation for war with each other, and which frequently depends on the mere breath of a single individual, who may have become affronted with his neighbouring Chieftain, perhaps at the instigation of some modern Helen, or Cleopatra, or on some diplomatic quibble, always at hand, when war is declared. After this thousand years round of bloodshed, Napoleon Buonaparte, had again nearly grappled the whole, and brought Europe to the point, of sole dominion, where Charlemagne had left it a thousand years before. This, Sir, is in amount, the history of Europe for the thousand years last past, and may serve as a model, to minds capable of critical investigation, on the doctrine of chances, in our State Sovereignties, for a thousand years to come. Will you, Sir, now pause with me for a moment, at the verge of the precipice, to whichfacts, of our own experience, not " opinions," have, again brought us back in full review ? and to which the states in their Sovereignty had led the people of the United States in 1787, as stated in No. 3. Can you now believe, and yet hold it^as your "confirmed opinion, that on the (21) "recognition and continuance of our utatesin their " individual Sovereignty, depends the stability and " safety of our political institutions? " Sir, your mis- givings have become apparent, as in many other parts of your production, and you do well now to state, that, " / am not ignorant, that those opposed to the " doctrine (of State Sovereignty,} have always, now " and formerly, regarded it in a different light, as "' monarchical and revolutionary ! " I am almost sorry that you were not " IGNORANT" of this FACT. However this may be I proceed most joyfully to state, that, in the direful emergency, as above stated, and within one step of a like course of distructive con- sequences, the ever guarding angle of our union, once more led the way, in a straight line, to the harbour of our salvation! Will twelve millions of United Free- men now fail of a redeeming power from the abbera- tions of about three dozen of her tumultuous and boisterous sons ? In the same year, 1787, were assembled at Phila- delphia, a convention of sages,Washington, Franklin, and Madison were among them, regularly, delegated and instructed, by their local and separate state Sov~ ' creignties, then in full power and authority. You. * repeatedly, and nineteen times over, insist that, these delegates acted throughout in behalf of their respective , states only, and not as from " one aggregate political community," This, is a selfevident fact, and needed no repetition, because there was then no " aggregate," or United Sovereign people in existance here, it was to effect, THAT, as the main object, which the Sovereign" people of the states, by their united convention was in search of, and which^had become absolutely necessary" to relieve themselves from the impending dismember- ment of the union, which the states, in their Sovereign- ties, had nearly accomplished. Of all absurdities, THAT on which you now predicate, an existing state Sovereignty, and from the very act (the present Con- stitution of the United States) by which they unani- mously relinquished it, is the most derogatory to com- (SB) iiion sense, and acknowledge fact, of any "sentiment* ever assumed on the public credulity ! ! ! To proceed. That august body, unparelleled in the annals of history, has displayed to an admir ing- world, a political phenomenon, the Sovereign pow- er is not placed in an individual, but in the wJiole people of the United States ! The military is made subject to the civil power, and has now controled it, both in peace and war, for more than forty-three years, and the majority governs by universal suffrage. Our Republic is marching on a line unpracticed in the history of man. The eyes of philanthropists throughout the world, view every of its seeming oscil- lations with doubting and painful sensibilities ; while its foes glory in every phantom view of its ruin. The .careful preservation of a true history of men and things, is all important to us, to the world, and to future ages. Every member of this grand republic should treasure up his recollection, and those who can write, to sustain their parts, and fearlessly sketch, in bold relievo, the true political character of men and things, whatever their station has been or may be. Political immorality has at all times opened the flood- gates of human woe, and made this world an acelda- ma of blood. "Any thing is fair in politics," say some, and again, " / care not a d nfor my politi- cal character, that is fair game" &>c. Our Government was formed by the unanimous vote of all the States, when in their separate Sover- eign capacities, and nothing short of a like vote will be permitted to dissolve it as now existing in their united Sovereignty, one and indivisible. Six thousand years are said to have passed since the creation, and the United States is the first in- stance of a great nation, in a time of profound peace, whose religion was of their own choice, whose poli- tics were derived from their own experience, freed from the power of personal despotisms, and from the superstitions of the old world; and thus choosing their form of Government. Then it was, that our sages deliberated, and by the most happy combina- lion, they finally arranged, entwined, "consolidated" and formed our general Government, and WHOL- LY BY AUGMENTATIONS OF POWER ADDED TO THE INDIVIDUAL STATE GOVERNMENTS ! ! This fact will be demonstra- ted in No. 5. Can you, Sir, ever again repeat the gross absurdity, that these things "strip the States of their Sovereignty, and degrade them in fact to mere corporations ? " If, however, to gratify individual State pride, you chose to misname and yet call our State rights, State Sovereignty, it may for a while continue to confuse the public mind, though in either case, it can only be a STATE AFFAIR ; and you cannot go, Consti- tutionally, one inch beyond your boundary line, with- out trespassing on some other State Sovereignty. But our State Rights, as now cemented into our United Sovereignty, is of free passport, and honora- ble mention throughout the world; they disdain to quibble, and excite turmoil and disunion by misrepre* Dentations among the people. Yours, BENJAMIN ROMAINE. STATE SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. No. 5. SIR, In No. 4, the advantages of our union, and the contrary, were delineated. It is of general remark, "that the States had given away a large portion of their liberties to secure the rest.' Such is not the fact. No important State authority, which they ever exercised, under the Old Confedera- tion, except their adventitious $nd mpst destructive (ID individual Sovereignty, was yielded to the general Government, that is yielded to themselves collectively; and in the most ample manner and form, with full powers to enforce and sustain their undivided integri- ty, from foreign attack, and internal aberration. Not only was every State light made sacred, but vast additional powers and influences were guaranteed to them for ever; a free press, a full share of repre- sentation in both houses of Congress, to guard the general and local interests of each State, and the free instructions to them in the Councils of the nation. The Senators from each State control the President in all our foreign relations, and in his nominations to office, both civil and military, which appertain to the Government of the United States. Are these things, and a thousand more, ." the giving away of State Rights?" Each State now stands erect, as a mighty column, " consolidated " in the fabric of Union, and is protected by the whole power of it ! That which injures one State, must injure all ; and no unjust or unequal law can be long sustained, having such ten- ( dency, if it be possible to afford relief ; and be as- sured Sir, that none of the states would yield their proud original, present eclat, and elevation in the eye x>f the world, (and their own united power ',) for all the individual state Sovereignty blessings you now seek to renew as under the old confederation. Suppose, Sir, that, by your influence and that of ,others, t any state should be led to commence operations on the ground of its Sovereignty! The first step would be individual and state perjury ; and the line of march through Rebellion and Treason against the Sovereignty of the Union. I will only express an opinion here, by way of answer, which is, that not only every other State in the Union would instantly proclaim its interdiction against such individual authority, but that the united Sovereign people of such State, them- selves would speedily arrest and settle the matter with the aspirants; and without a single effort of the general Government ; as I hare the best reasons to Relieve, old Connecticut would have done during the (25) late war, on the first overt act of treason, or rebellion against the union, and I also believe that the people of Georgia and South Carolina would do the same, at this moment ! It will be. found that, the toil and la- bour of our revolution is not to be triffled with by a few daring and desperate individuals. To proceed, the convention having finished the work assigned to them, by their separate tate Sover- eignties, did on the 17th day of September, 1787,-"le- " solve, that the preceeding Constitution be laid before the United States in Congress assembled, and that " it is the opinion of this Convention that it should af- " terwards be submitted to a Convention of delegates " chosen in each state, by the people thereof, under the " recommendation of its Legislature, for their assent u and ratification." In conformity to this resolution the Convention finally closed their labours, by the following (in part recited) address to the President of Congress. Sir, "We have now the honor to submit to the " consideration of the United States in Congress as- " sembled, that Constitution which has appeared to us 4 the most advisable," " The friends of our coujitry have long seen and 4i desired, that the power of making War, Peace and "Treaties, that of levying money and regulating ." commerce,, and the correspondent executive and ju- " dicial authorities should be fully and effectually ves- " ted in the general government of the Union. It is OB- VIOUSLY IMPRACTICABLE, in the federal government " of these states, to secure all rights of Independent " Sovereignty to each and yet provide for the interests " and safety of all" " In all our deliberations on this subject we kept " steadily in our view, that which appears to us the " greatest interest of every true American, the CON- *f SOLIDATION of our Union, in which is involved our ; - prosperity, felicity, safety, perhaps our national exist- "ence. This important consideration, seriously and "deeply impressed on our minds, led each state, in the " Convention to be less rigid on points of inferior mag- 3 (26) ^nitude, then might have been otherwise expected. 4i That it may promote the lasting welfare of that " Country so dear to us all, and secure her freedom ? 4 and happiness, is our most ardent wish." With great respect, We have the honor to be, Sir, Your Excellency's most Obedient and Humble Servants, GEORGE WASHINGTON, President, By unanimous order of the Sept. 17th. 1787. Convention. His Excellency, the President of Congress. The Convention having thus recapitulated the main principles of the Constitution, in the plain simple language of it, and then, understood both by natives and foreigners in the same common sense way; and on the faith of which they entered into treaties with us as a " consolidated " and united people. Sir, you have laboured hard and long, and wholly against the OBVIOUS CURRENT or FACTS, and with evi- dent perplexity to your own mind, in endeavours to prove the fallacy of a continued existence, under our present Constitution, of a plurality of independent So- vereignties, as under the old Confederation ; when, Sir, to redeem the dread consequences in that state of things, (as proved in No. 3,) became the sole cause of calling the convention by the people of the Sovereign States! The Convention also declares it "obviously im- " practicable, in the federal Government of those "States, to secure all the rights of independent " sovereignty to each, and yet provide for the inter- "est and safety of all." Here the Convention af- firms the abolition of the State Sovereignties, as an act of plain common sense necessity, and to avoid a downright absurdity, from their having "consoMda- (27) ted" the Sovereign power in the whole people of the States collectively ; and who, by their several inde- pendent State Conventions, consented to be cloth- ed with every attribute of power, denominated su- preme, and as appertains to every other Government on earth ; when each state, tJien relinquished its indi- vidual Sovereignty, and in good faith, proceeded so to alter and conform their several State Constitutions accordingly. If the State Sovereignties had been reserved, would they have failed to mention it in their State Constitutions ? or in that of the United States ? Surely, Sir, those sacred instruments, and specially the old thirteen, and those since formed, would have been made the depositories of so sacred a reservation ! I am, Yours, &c. BENJ. ROMAINR STAT13 SOVEREIGNTY* AND A CERTAIN DISSOLUTION OF THE UNION. SIR, Ouf general government is not now a compact, contract, bargain or compromise, between twenty- four independent states Sovereignties; that com- pact has been had, and settled. It is now a gov^ eminent in fact, holding command, and by order of the whole people, of all the energies of supreme power over the Union, to enforce and sustain its undivided integrity. It cannot now turn to the right hand nor to the left, until it be forced into a display of the peo- ples power, by some overt act, of daring obstruction to its straight forward, constitutional course. If the executive arm shall fail, or refuse to en- force the supreme laws, or other misdemeanor, or tu- multuous excitement, then will the peoples' resrved power, through THEIR immediate representatives, irt the Congress of the United States, resume the execit^ tive command, and impeach such delinquent, at the fiar of the Nation ; whether it be the President, the Vice President, or other individual who may be called to exercise the Executive Authority ; Then, Sir, will the supreme judiciary preside, and the Senate of 'the United States, the immediate representatives of the states, as states collectively, try and adjudge such delinquent, in conformity to the Sacred Charter of Union. The Governor of Connecticut, on the request of Miv Jefferson, then President of the United States, to have, I think, 437 men from that state, to enable him to en- force the law of Embargo on that coast, was denied by the Governor, declaring "the law of the United States to be unconstitutional ! yes UNCONSTITUTIONAL as the tariff laws are now also declared to be by the Vice President of the United States!" I have often thought, and do now believe, that if Mr. Jefferson had enforced the law of Embargo, in Connecticut at that time by Continental Troops, or had only called on the people of Connecticut, that 437 naked steels, both Federal and Republican, would have leaped from their seaboards to sustained him, in support of the general government. In such case, we should never have had the late and leading re- solves of the scholars of that notorious Englishman, and noted monarchist, President Cooper (already mentioned) of South Carolina College, nor of the Col- leton, and present resolutions of South Carolina ; and now led on by their leaders, governor and all, to the borders of rebellion, in their opposition to the TARIFF LAWS! President Jackson will shortly be put to the test, as respects his courage and veracity, in the execution of the laws of the United States, in South Carolina; or in some Southern Convention about to be raised up, and in opposition to the Union, over which he now presides. Respecting^ the Hartford Convention in 1814, at the East, it lias been repeatedly declared and never de- nied, that General Jackson, affirmed, that if he had (29) been in command there, he would have hung their main leaders, " by the second article of war!" Our Southern Brethren would do wisely to see to this thing, in this year of our Lord 1832! Wrong precedents in a government like ours, we al- ready see, become big with future evils, and which ought to be speedily and firmly corrected. It is thus on- ly that our general government can attain and maintain a fixed character, as respects the exercise of its Sov- ereign power, amidst the present and most daring as- sumptions, on the ground of state Supremacy. I have now no doubt this will ultimately demand of the only true Sovereign authority, some high display of its Constitutional energies to preserve itself; or relin- quish ingloriously, to a few desparate and daring . spirits, to be found in every state, the entire glory of our revolution! Have I here seemed to express a doubt of the energies of twelve millions of free-men to sustain their present proud stand among the nations of this earth ? Perish the dastardly conception for- ever! This error of evil omen, having silently passed " along in the current of our time, and without any gen- eral discussion, has really so far entered into a general belief, as to startle many of our informed citizens to ' hear it denied, that the States are not now, nor have been Sovereign since the adoption of the United States Constitution. It would be well to begin a new 7 , and reflect on the true meaning of the word Sovereign- ty, as understood at the adoption o'f our Constitution. 'It is the supreme power in all communities!" and even two Sovereigns in the same community is an absurdi- ty; and the practical operation of twenty-four, would speedily require to erect a Bedlum for the incurables, wherein to ruminate, on the possible doctrine of chance* in the regions of Political disquisition ; " calculating the value of the Union? as you observe. The Constitution of the United States alone speaks like a Sovereign. From the pinnacal of the Temple to Union, the Majesty of a free people proclaims," We the people of the United States! " vox POPUM vox DEI! We Lay and collect Taxes throughout the United States. We Borrow money on the credit of the United States. We Regulate Commerce. We Establish uniform rules of Naturalization. We Coin money. We Define Piracies, and punish treason: We Declare War, and make Peace. We Raise and support Armies, We Provide for calling forth the Militia to execute the laws. We Suppress Insurrections, and repel Invasions. We Provide for Organizing and Dissiplining the Militia and governing such parts of them as may be employed in the service of the United States. We Guarantee to the several states a Republican form of Government. We Have defended Treason : and We Make all laws which shall be necessary and proper for carrying into execution the aforego- ing powers, and all other powers, invested by this Constitution, in the government of theUnited States, or any department, or office thereof. Such are the outlines of the Temple of our ' 4 Con- stitution" I do indeed mistake, Sir, if a " common Arbiter" shall fail now to be found, in any and every case of overt act of insurrection, rebellion and treason, within the boundries of the Constitution, whether such acts be perpetrated in South Carolina, or any other state ; and that common Arbiter is, and ever will be, the vote of a majority of the people of the United States, in Congress assembled! It was indeed feared, and believed, by some, at that day, that the general would destroy the State Governments, and become dangerous to civil and (political freedom. It does appear to me a most da- ring attempt, or a gross infatuation on your part, -at this day, to suppose the least of it, now again and merely on temporary commercial grounds, as du- ring the late war, to raise this sfyame-faced question, and by way of threat, and the menace of State Sovereignty nullifications, to dissolve the Union, stands wholly unprecedented in determined purpose. You have placed the deceased patriot, Thomas Jeffer- son, in your Van, in this new career, and the ma- terials for his posthumous sacrifice, have beerj sought and triumphantly published, and said to be found written on "scraps of paper, in his secret family bureau, of date 1798," as favouring your nullifying "sentiments and opinions" This immo- lation may also serve to cover a retreat, if necessary, from the apprehended reprobation of twelve millions of united freemen ; although you now declare your- self "regardless of their effects personally" The Constitution was opposed mostly in the large states, and in the then Sovereign Convention of this State, convened in 1789, to pass upon the adoption or rejection of the Constitution of the United States, it was declared that, " it robbed the states of their <> Sovereignty, that it was a mammoth, would swallow " up the state governments, destroy civil and political " liberty^ reduce the states to mere ''Corporations? " and that the great Convention itself, had declared " it to be a 'CONSOLIDATION,' &c." Here, Sir, we have discovered the embryo, the alpha and the omega of the whole nullification system. At this time a party arose denominating them- selves anti-federalists, that is, adhering to the old confederation, State Sovereignty. From long habit, these words were continued in general use, alter the present Constitution went into full effect, but the idea of a supreme power continuing to be attach- ed to the states, individually, as under the Con- federation, would, at that day, and now, as I fre- quently find on explanation, be deemed an ab- surdity, as it really is. You repeat this fallacy nineteen times ! it is your repeats which carry with them a smothering of better judgment The re- (32) maining state rights COULD only be ment. Thu& have the words "State Sovereignty," crept along under masked State Batteries, for forty-three years; and the Vice President of the United States is the first now to proclaim State Sovereignty, not only in the literal sense of the word, but in a superabundance .of supreme and paramount power, of which the "United States Government is but its unere crea- ture? Yours, w far your nice distinctions between a Con- rcntional right, and a natural right of the ma- jority to govern, in our Republic, I must refer back to your scG3 of aids in the mystical course of your productions; only to say, that the dis- tinction MAY POSSIBLE belong to the sublime doctrines of ontology, or, "the general affections and relations of existing substances and things! !! r However imperfect and even unjust the acts of the majority may be in seme cases, it is nevertheless an indispensible rule in elective governments; and were it now to cease, it would unhinge the entire of social order; and that, whether it be a natural or a Conventional right, man would again return to his original condition A SAVAGE! It is probable that Congress may pass unequal and even unconstitutional laws : a State also, in their sphere of legislation, may do the same, and hurtful to some branch of industry : a free press would soon correct the errors of both, or a change of representatives be a sure and legal remedy : common sense, nay, com- mon honesty, would call it madness to dissolve the Union on such contingencies. Thus, Sir, through your entire range of "senti- ments and opinions,"' as I apprehend them, a like political diplomacy appears, which frequently requires tt page to explain the bearing of a single word; this -is unpardonable in a republican statesman. You repeatedly quote Mr. Jefferson to your views, I beg also now to quote from his first Inaugural address on entering on the duties of President; they are all directly opposed to your quotations. He says, " the "preservation of the general government, in its " WHOLE CONSTITUTIONAL VIGOUR, is " the sheet anchor of our peace at home, and " safety abroad. An absolute acquiesscnce in the DECISION OF THE MAJORITY, is tJie vi- ** tal principle of Republics, from which their " is no appeal ! To support the State Rights, (he i; does not say State Sovereignty,) as the most corn- " pet ant administration of our domestic concerns, " and the surest bull works against anti-republican ^principles" which adhere to the Sovereignty of the individual States as under the old Confederation, and for which you now stand forth the most conspicuous man who ever wrote or spoke in this community, and in direct opposition to the above sentiments of Mr. Jefferson. Can it ever be believed, for a moment, that Mr. Jefferson gave his sanction to your doc- riaes of nullification and State Sovereignty, when, only a short time before, he penned the above official opposition to them ? I will not again disturb the ashes of this great man, however, you may in futre seek shelter for your own' assumptions under his name. Again. The father of his country, GEORGE WASHINGTON, also opposes all your "senti- ments," on the same subject : he says, " a careful " preservation of this blessing, (our Constitution of " general Government,) will acquire the glory of re- " commending it to the applause, the affection and " adoption of every nation which is yet a stranger " to it." Again. " The unity of Government which con- " stitutes you one people, is also ever dear to you, " much pains will be taken to weaken in your minds " this truth. Designing men may ENDEAVOUR (44) -to excite a belief that there is a real difference * 4 of interests and views; beware of heart-burnings "from these misrepresentations" Again. " That facility in changes upon the credit " of mere hypothesis and opinions, exposes to per- " petual change, from the endless variety of hypo- " tJiesis and opinion. <% That in a country so a extensive as ours, a Government of as much " vigour, as is consistant with perfect security of "liberty, is i \dispensible. Frowning upon the first " dawning of every attempt to alienate any por- "tion of our country from the rest, cnfeabiing " flie sacred ties which link together tJie various " parts. BUT LET THERE BE NO CHANGE BY USURPATION ; THOUGH IT BE THE "INSTRUMENT OF GOOD, WHICH IS " OVERBALANCED IN EVIL TENDENCY ! " Parties in small minorities, will seek to make the " public administration the MIRROR OF FACTION, and "become the most frightful despotisms, of one 44 faction over another." In relation, Sir, to this last of my quotations from General Washington's farewell address, where he speaks of the MIRROR FACTION, I cannot now forbear to quote from Senator Miller's speech in the United States Senate, on President Jackson's answer, of the 14th day of July, 1831, to a form- al invitation to dine on the 4th of July, with a party, as such, in Charleston, South Carolina. Miller says, "the great body of this party, (the nulli- "fiers,) resident in Charleston, took it into their " heads, on the 4th of July to celebrate that day as a "party, and sent for foreign aid; made a formal com- " munication, requesting the President (Jackson) to " come to their assistance,- and the aid was furnished " in a letter containing a threat against the party, of " military force, to coerse state legislation to conform "to Federal legislation. Well (says Senator Miller) " what would be the result of the President sending a "military force against the state laws of South Caro- * lina ? Sir, if he headed his force himself, one of our (45) 4 - judges would serve him with a rule, as Dominic " Hall did, when at the head of his army at New-Or- " leans, and if he did not obey the rule, he would be " committed." I must thus take Miller's sense of Jack- son's letter, as I have it not at hand. Will President Jackson, who declared that he would have hung the leaders of the Hartford Convention, if he had been in command there; I say, will he now be less energetic in the South, when in chief command? and where the second officer of the government, is at the head of a powerful party, issuing long proclama- tions and in the full tide of open preparation ? Surely, the conduct of the Hartford Convention bore no comparison with the present daring outrages of South Carolina. Surely, the President will never fail in his declaration, "THAT THE UNION MUST BE PRESERVED." I arn,Yours, &c. BEN J. ROMAINK STATE SOVEREIGNTY, AND A CERTAIN DISSOLUTION OF THE UNION. No'.W. SIR, In my canvass of your productions, it was found impossible to connect any regular chain of ideas with the present Constitution of the United States ; they are only applicable to the Confederation COMPACT of 1778, throughout. The first article of which declares that " each state retains its Sovereignty, freedom and "Independence, and every power, jurisdiction, and " right, which is not by this Confederation expressly " delegated to the United States in Congress assem- " bled." This article presents the head and front of your state Sovereignty assumptions ; and which the present Constitution declares to be " obviously im- ''practicable, in the federal government of these states, " to secure all rights of Independent Sovereignty to (46; - each, and yet provide for the interests and safetv i4 of all." You now deny the right of Congress to protect the Citizens, Mechanics and Tradesmen, against foreign manufactures, by import duties ; and declare that, "tnis protection has divided the country into two great " geographical divisions, and arrayed them against "each other on the subject of Finance, Commerce and Industry." The old Comp: ci is here also your so e guide* It restricted the Legislation of that Con- gress in all these particulars. In the CONSTITUTION, these protections form a main article in it. An old member of Congress told me, that theConfed- eration Compact, could not be executed by Congress without a constant resort to the doctrine ^construc- tion, or implication; otherwise, "sentiments and opinions" The verity of the remark is amply proved in your many adroit efforts, of construction, to recon- cile that Compact with the Constitution, which are totally distinct in sense and meaning. You use these words always synonymously, to suit your nullification. You reason and compare, repeatedly run foul ; and again compare and reason, and finally, so entangle yourself, in your own toils, as to make it absolutely ne- cessary for escape, to abandon the CONSTITUTION to its * REC'D LD MAR15'64-*PM INfEKLtBRAKY LOAN o 1S85 UNIV. OF CALIF.. BERK. LD 2lA-40m-4,'G3 (D6471slO)476B General Library University of Californiz Berkeley rB 08304 \7 387290 UNIVERSITY OF CALIFORNIA LIBRARY