Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
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 importations of the States,
and more especially an Act entitled "an Act in alteration of the
several Acts imposing duties on imports," approved on the 19th 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 14th day of July, one thousand eight
hundred and thirty-two, are unauthorized by the Constitution of the
United States, and violate the true meaning 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 the purpose to
secure the duties imposed by the 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 that it shall be the duty of
the Legislature to adopt 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 1st day of February next, and the duty 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 for a contempt of the Court.
Public-domain text, read in full here on John Shaqi.
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