A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
From the diversity of terms indicated in these two important documents,
taken in connection with the progress of recent events in that quarter,
there is too much reason to apprehend, without in any manner doubting
the intentions of those public functionaries, that neither the terms
proposed in the address of the convention nor those alluded to in the
message of the governor would appease the excitement which has led to
the present excesses. It is obvious, however, that should the latter be
insisted on they present an alternative which the General Government of
itself can by no possibility grant, since by an express provision of the
Constitution Congress can call a convention for the purpose of proposing
amendments only "on the application of the legislatures of two-thirds of
the States." And it is not perceived that the terms presented in the
address are more practicable than those referred to in the message.
It will not escape attention that the conditions on which it is said in
the address of the convention they "would be willing to acquiesce" form
no part of the ordinance. While this ordinance bears all the solemnity
of a fundamental law, is to be authoritative upon all within the limits
of South Carolina, and is absolute and unconditional in its terms, the
address conveys only the sentiments of the convention, in no binding or
practical form; one is the act of the State, the other only the
expression of the opinions of the members of the convention. To limit
the effect of that solemn act by any terms or conditions whatever, they
should have been embodied in it, and made of import no less
authoritative than the act itself. By the positive enactments of the
ordinance the execution of the laws of the Union is absolutely
prohibited, and the address offers no other prospect of their being
again restored, even in the modified form proposed, than what depends
upon the improbable contingency that amid changing events and increasing
excitement the sentiments of the present members of the convention and
of their successors will remain the same.
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