Whereas the Congress of the
United States by various acts, purporting to be acts laying duties and imposts
on foreign imports, but in reality intended for the protection of domestic
manufactures and the giving of bounties to classes and individuals engaged in
particular employments, at the expense and to the injury and oppression of
other classes and individuals, and by wholly exempting from taxation certain
foreign commodities, such as are not produced or manufactured in the United
States, to afford a pretext for imposing higher and excessive duties on
articles similar to those intended to be protected, bath exceeded its just powers
under the constitution, which confers on it no authority to afford such
protection, and bath violated the true meaning and intent of the constitution,
which provides for equality in imposing the burdens of taxation upon the
several States and portions of the confederacy: And whereas the said Congress,
exceeding its just power to impose taxes and collect revenue for the purpose of
effecting and accomplishing the specific objects and purposes which the
constitution of the United States authorizes it to effect and accomplish, hath
raised and collected unnecessary revenue for objects unauthorized by the
constitution.
We, therefore, the people of
the State of South Carolina, in convention assembled, do declare and ordain and
it is hereby declared and ordained, that the several acts and parts of acts of
the Congress of the United States, purporting to be laws for the imposing of
duties and imposts on the importation of foreign commodities, and now having
actual operation and effect within the United States, and, more especially, an
act entitled "An act in alteration of the several acts imposing duties on
imports," approved on the nineteenth day of May, one thousand eight
hundred and twenty-eight and also an act entitled "An act to alter and
amend the several acts imposing duties on imports," approved on the
fourteenth day of July, one thousand eight hundred and thirty-two, are
unauthorized by the constitution of the United States, and violate the true
meaning and intent thereof and are null, void, and no law, nor binding upon
this State, its officers or citizens; and all promises, contracts, and
obligations, made or entered into, or to be made or entered into, with purpose
to secure the duties imposed by said acts, and all judicial proceedings which
shall be hereafter had in affirmance thereof, are and
shall be held utterly null and void.
And it is further ordained,
that it shall not be lawful for any of the constituted authorities, whether of this
State or of the United States, to enforce the payment of duties imposed by the
said acts within the limits of this State; but it shall be the duty of the
legislature to adopt such measures and pass such acts as may be necessary to
give full effect to this ordinance, and to prevent the enforcement and arrest
the operation of the said acts and parts of acts of the Congress of the United
States within the limits of this State, from and after the first day of
February next, and the duties of all other constituted authorities, and of all
persons residing or being within the limits of this State, and they are hereby
required and enjoined to obey and give effect to this ordinance, and such acts
and measures of the legislature as may be passed or adopted in obedience
thereto.
And it is further ordained,
that in no case of law or equity, decided in the courts of this State, wherein
shall be drawn in question the authority of this ordinance, or the validity of
such act or acts of the legislature as may be passed for the purpose of giving
effect thereto, or the validity of the aforesaid acts of Congress, imposing
duties, shall any appeal be taken or allowed to the Supreme Court of the United
States, nor shall any copy of the record be permitted or allowed for that purpose;
and if any such appeal shall be attempted to be taken, the courts of this State
shall proceed to execute and enforce their judgments according to the laws and
usages of the State, without reference to such attempted appeal, and the person
or persons attempting to take such appeal may be dealt with as for a contempt
of the court.
And it is further ordained,
that all persons now holding any office of honor, profit, or trust, civil or
military, under this State (members of the legislature excepted), shall, within
such time, and in such manner as the legislature shall prescribe, take an oath
well and truly to obey, execute, and enforce this ordinance, and such act or
acts of the legislature as may be passed in pursuance thereof, according to the
true intent and meaning of the same, and on the neglect or omission of any such
person or persons so to do, his or their office or offices shall be forthwith
vacated, and shall be filled up as if such person or persons were dead or had
resigned; and no person hereafter elected to any office of honor, profit, or
trust, civil or military (members of the legislature excepted), shall, until
the legislature shall otherwise provide and direct, enter on the execution of
his office, or be he any respect competent to discharge the duties thereof
until he shall, in like manner, have taken a similar oath; and no juror shall
be impaneled in any of the courts of this State, in any cause in which shall be
in question this ordinance, or any act of the legislature passed in pursuance
thereof, unless he shall first, in addition to the usual oath, have taken an
oath that he will well and truly obey, execute, and enforce this ordinance, and
such act or acts of the legislature as may be passed to carry the same into
operation and effect, according to the true intent and meaning thereof.
And we, the people of South
Carolina, to the end that it may be fully understood by the government of the
United States, and the people of the co-States, that we are determined to
maintain this our ordinance and declaration, at every hazard, do further
declare that we will not submit to the application of force on the part of the
federal government, to reduce this State to obedience, but that we will
consider the passage, by Congress, of any act authorizing the employment of a
military or naval force against the State of South Carolina, her constitutional
authorities or citizens; or any act abolishing or closing the ports of this
State, or any of them, or otherwise obstructing the free ingress and egress of
vessels to and from the said ports, or any other act on the part of the federal
government, to coerce the State, shut up her ports, destroy or harass her
commerce or to enforce the acts hereby declared to be null and void, otherwise
than through the civil tribunals of the country, as inconsistent with the
longer continuance of South Carolina in the Union; and that the people of this
State will henceforth hold themselves absolved from all further obligation to
maintain or preserve their political connection with the people of the other
States; and will forthwith proceed to organize a separate government, and do
all other acts and things which sovereign and independent States may of right
do.
Done in
convention at