The rest of the Ordinance is about as correctly drawn, as the title and the first sentence: but, without enlarging on mere phraseology, let us proceed to considerations of a more substantial character. The questions that naturally suggest themselves on a perusal of this extraordinary document are, What is its immediate operation? What measures will it call for, on the part of the General Government? What will be its ultimate effect upon the political situation of the country?
1. What is its immediate operation? In the view which we take of it, the Ordinance, standing by itself, is entirely inoperative. It pretends to release the citizens of South Carolina from the obligation to obey the Revenue laws, but it leaves the Government of the United States in possession of all the means which they had before to enforce them. If the importer refuse to pay the duties and give the usual bonds, the goods will of course be seized and sold without farther process. If he give bonds and refuse to pay them when due, the usual legal process will be had in the District Court; and, as the jurors serving in that Court are not called on to take the oath to obey the Ordinance, there will be no appearance even of a conflict of obligations. The Judge, whose duty it is to instruct the jury in the law, will of course tell them that the Ordinance, as far as it contradicts the laws of the United States, has no legal effect, and they will give their verdict accordingly. If, in some cases, juries, under the influence of the popular excitement, should undertake to judge of the law for themselves, and give verdicts in clear cases against the Government, there would be, no doubt, some practical inconvenience, but in theory the law would still have its course. There would be no collision between the authority of the General and State Governments, and no occasion for any interposition of force by the former. The situation of things would be substantially the same as it was in this city during the last war with Great Britain, where the juries habitually gave verdicts against the Government, in cases where the right was clearly on its side. Still the law ostensibly had its course, and the public peace was not broken. The Ordinance, therefore, standing by itself, is a mere dead letter.
2. What measures does it call for, on the part of the General Government? The Ordinance, being entirely inoperative, and having no legal or practical effect which the Government can or ought to notice, of course calls for no measures in the way of counteraction. Considered as an indication of the state of the public feeling in South Carolina, it calls undoubtedly for measures of precaution against the occurrence of a future state of things, which the adoption of this Ordinance by the Convention renders probable, and which would require the interposition of the military power of the Government. The Ordinance makes it 'the duty of the Legislature to adopt such measures and pass such acts, as may be necessary to give full effect to the Ordinance, and to prevent the enforcement and arrest the operation of the Revenue laws.' The Legislature will probably do something in pursuance of this direction; and upon the character of the measures which they may adopt will depend, of course, the character of those with which the Government of the United States will be called on to meet them. Should they pass an act, making it penal for the officers of the General Government to perform their duties, and attempt to enforce it upon the person of the Marshal, there would then be a case of open insurrection against the Government of the country. In ordinary cases, the Marshal, when obstructed in the execution of his duty, calls for aid on the bystanders; but if this resource prove ineffectual, or if circumstances render it inexpedient to depend upon it, the particulars of the case are communicated in the form of a certificate from the District Judge to the President, who immediately employs the military force of the country, either the regular army or the militia, at his discretion, to suppress the insurrection, as he is authorized to do by the letter of the Constitution and various statutes. The militia would of course not be resorted to, unless the regular military and naval force should be found insufficient. This course was pursued by General Washington, in the case of the whisky insurrection in Pennsylvania, and was attended with complete success. The misguided persons, who might be taken and brought to trial for obstructing the execution of the laws, would probably plead in justification the law of the State; but the District Judge would of course instruct the jury, that 'the laws of the United States are the supreme law of the land, any thing in the Constitution or laws of any State to the contrary notwithstanding.' If the popular excitement should be so great, that juries should in clear cases acquit prisoners, the latter would of course escape the punishment they deserved, but no material inconvenience would be suffered by the country. The President, by a proper development of military force, would be able to execute the laws and preserve the public peace. Should Carolina, in pursuance of the threat held out in the Ordinance, undertake, in consequence of the employment of military force by the President, to place herself still more openly in opposition to the Government, by attempting to withdraw from the Union, and arraying an army against that of the United States, the result would be civil war,—an occurrence every way deplorable, and one of which we shudder to contemplate the possibility, but of which we cannot permit ourselves to doubt the issue.
Such, however, being the state of things which may and probably will grow out of the adoption of this Ordinance, it is apparent that it calls imperiously for measures of precaution. Ample means should be in readiness to meet a crisis so serious and alarming. A seasonable display of energy and decision may, in this case, as it did in that of the whisky insurrection, save the country years of civil commotion, and probably decide the fate of the Union. We are, therefore, glad to learn that the President has already stationed in the disturbed district, as commander of the troops, an officer of the highest character for experience, talents and patriotism, and has made some other demonstrations for the same ultimate purpose. In general, the course of the Government, on this most important subject, as far as it has been developed, accords entirely with what we consider the true policy of the country. The tone of the President's Message to Congress, and of Mr. McLane's Report in relation to this topic, is temperate and judicious, and the view taken of the nature of the crisis correct: a promise is also made of farther and more energetic measures, should the occasion require them. If the General Government continue to pursue with discretion, but at the same time with firmness and energy, the course upon which they have thus entered, they will find themselves supported by the friends of the country of all parties, and in all quarters of the Union.
The only parts of the late communications of the Government, having any bearing upon this subject, which we have read with regret, have been those which recommend a reduction of the revenue. Independently of the ruinous tendency of a repeal of the protecting duties, considered as such, it appears to us that the moment is singularly unpropitious for the agitation of any plan, tending to diminish the receipts into the Treasury. In general, our statesmen have shown an unnecessary solicitude about the disposition of a future possible surplus revenue, which has thus far never existed for a single moment since the organization of the Government. Mr. Jefferson felt this solicitude to a very great degree, and looked forward to the payment of the then existing national debt, as a period when we should find ourselves not a little embarrassed by the amount of our superabundant treasures. Long before the expected period came, a foreign war intervened, and instead of having any surplus wealth to dispose of, we were compelled to borrow at very high interest. The present Administration have shown a strong, and in itself very laudable and politic anxiety to extinguish the debt; and have also, for two or three years past, begun to look forward with alarm to the influx of an overwhelming flood of surplus revenue, which is to burst upon us after the debt shall be paid. In the mean time, however, before any surplus whatever is realized,—while a considerable portion of the debt still remains unpaid,—two States have taken such a position in relation to the General Government, as will probably lead to a development of military force. The proceedings of Carolina have been already noticed at length. Georgia, on her part, peremptorily refuses to permit the judgment of the Supreme Court in the Missionary case to be executed. A return of this refusal will be made this winter to the Court, which will then, in the regular course of law, direct the Marshal of the district to execute the judgment himself. In this he will probably be resisted, and upon the fact being certified to the President, it will be his duty to employ the military force of the country to give effect to the laws. Although the President, in pursuance of what we consider an erroneous construction of the Intercourse Act of 1802, did not undertake to prevent by force the irruption of Georgia into the Cherokee territory, we are bound to presume that he will feel no hesitation about enforcing a judgment of the Supreme Court, regularly rendered in due course of law, and of which he cannot question the validity, without assuming the functions of an appellate tribunal. The result will be open collision. With every appearance of the occurrence of civil commotions in two States within the next year, it seems to us to be scarcely expedient,—independently of any other consideration,—to think of measures for reducing the revenue. As no surplus has yet been actually realized, the very first movement of troops would make it necessary to resort to new loans, which, if the troubles should continue, must be increased to an indefinite extent, and would effectually prevent the so much dreaded evil of an eventual surplus. We are inclined in fact to doubt very much, whether it will ever be found practicable to bring down the revenue below its present amount, even supposing it to afford ten or fifteen millions more than is wanted for the ordinary expenses of the Government. Such is the condition of human affairs, that periods of trouble of one kind or another must in the nature of things occur, at least as often as once in twenty or thirty years. These will, in general, render it necessary to resort to loans, which during the intervals of tranquillity must be extinguished. If, with taxes as light and as little felt as those which we now pay, we are able to defray the ordinary charges of the Government,—sustain the public credit,—meet the exigencies of foreign and civil war when they occur, and pay off the debts they impose upon us in time of peace, we shall do more,—far more,—than any other nation of ancient or modern times has done before us. At all events, the moment when we are about to enter on a period of civil commotion, of which the extent, duration and consequences cannot even be conjectured, is obviously the last that should be chosen for commencing a system of reduction.
3. What will be the effect of the present troubles upon the political condition of the country? This will depend entirely upon the conduct of the General Government, and especially of the Executive branch, upon which, under present circumstances, the weight of responsibility principally falls. If the crisis be met with the necessary firmness and discretion, there can hardly be a doubt, that the resources of the Union are amply sufficient to secure the execution of the laws. If, from a want of firmness and discretion in the Executive, or of a disposition in Congress to sustain the Executive in the measures required by the crisis,—contingencies of which we cannot anticipate the possibility,—the nullifiers are permitted to carry their projects into effect, the Government is of course at an end. The state of things which would then ensue, has been described somewhat in detail in a preceding part of this article. The ports of Carolina would be free, and the country would be deluged through them, with foreign goods imported without duties. The revenue would fall off to nothing; the manufactures would all be destroyed; the public credit would cease, and the public service come to a stand for want of funds; a general bankruptcy of private fortunes would overspread the country, and the body politic would fall into a state of complete dissolution.
Of these disastrous results we are, however, unwilling to admit the possibility, although they would necessarily follow from the success of the projects of the nullifiers. It has been well observed, that the attempt of a State to place itself in direct opposition to the authority of the Federal Government, is one of the evils naturally incident to our political system;—that the occurrence of such an attempt is a sort of crisis, which we must have expected to go through at one time or another, as the individual, in his progress to maturity, is subject to the attacks of certain diseases, from which he can hardly hope to escape;—and that the circumstances, under which this attempt is now made, afford perhaps as favorable a prospect as any that could well be imagined for such a termination of it, as will at once prevent any immediate mischief, and discourage the renewal of similar attempts in future. The State which now places itself in open opposition to the law, however distinguished in other times for intelligence, patriotism, and generosity, is physically and politically one of the least effective in the Union.—With a white population of less than two hundred and fifty thousand souls, of whom at least a third are opposed to the project;—with a dangerous internal enemy in her bosom;—unsupported by the co-operation of any other State, her nearest neighbors being among the most determined opponents of her views;—it is apparent that Carolina takes the field against the Union under every disadvantage. The fanaticism with which the nullifying party are inspired may perhaps give occasion to some distressing scenes: but should the General Government meet the crisis in a proper manner, the odds on the first development of military force will be so desperate, that we incline to think there will be very little occasion for actual violence, and that tranquillity will be restored with hardly any injury to life or property. Should such be the event, the probability of future occurrences of a similar kind will be diminished; our institutions will acquire new force and stability; and the general result of the whole affair will be favorable, rather than adverse to the prosperity of the country. Had the experiment of a violent opposition to the authority of the General Government been tried for the first time by New-York, Pennsylvania, Virginia, New-England in a body, or any State or combination of States which would have been able to carry with it a great array of actual physical force, the crisis would have been of a very different character.
We may add, that it is difficult to conceive of any case in which the right could be more clearly with the General Government, and against the discontented State, than it is in this: a circumstance, which adds to the vast preponderance of material power at the disposal of the former, the moral influence which is so important and even essential to the success of any cause. However the nullifiers may, under the influence of the enthusiasm which now possesses them, have wrought themselves up into a sincere belief in the justice of their cause, it is impossible but that in cooler moments they should feel its weakness. This conviction will press itself upon them with new force when the power of the Government is actually displayed, and will produce an indecision on their part, which will contribute very much to bring the struggle to a favorable issue.
Still, the crisis,—though as little dangerous as any one of the same description that could well be imagined,—is yet one of fearful importance, and the friends of the country cannot but look forward with deep and painful anxiety to its termination. The question of the continuance of our present form of Government,—of the existence on this continent of republican institutions of any description,—is now to be decided. The precise problem, as we understand it, is not whether the Union shall be preserved, but whether the Union shall be preserved under our present mild and beneficent system of polity, or whether, after a temporary dissolution of the bonds that now unite us,—we shall be brought together again into a new body politic, consolidated by the iron bands of military power. That the States composing this Union can ever remain for any length of time politically separate from each other, is in the nature of things impossible. The experiment was tried in the short interval between the Declaration of Independence and the adoption of the Constitution, and was found impracticable. If repeated, under whatever circumstances, the result would be the same. We have shown in a preceding part of this article that, by the present Constitution, the States formed themselves into one body politic under a common Government, and that they are now, in form, one people. If the Constitution were in this respect a false representation of their actual and substantial political condition;—if they were really separated from each other by important substantial differences, whether of geographical position, origin, language, physical conformation, or any others, there would then be a constant tendency to a dissolution of the Union; and separation, being the natural state of the parties, would probably, when it had once taken effect, become the permanent one. Thus the attempt of the British Government to combine their European possessions and the colonies now composing the United States under one system of civil polity, was obviously at variance with the law of nature, and could only terminate sooner or later in the way in which it did. The same may be said of their present attempt to combine under the same political system with their European possessions, the northern part of this continent,—the vast peninsula of Hindostan with its hundred million inhabitants,—the southern termination of Africa, and half the islands on the face of the globe,—including the Australian Continent, with its dependencies, which, of themselves, may be said to constitute another new world. All these scattered limbs,—membra disjecta,—of the mighty Queen of the Ocean,—are destined to fall off successively from the parent body, and form themselves into independent States. With the members of this Union, the case is different. Descended from the same original stock; united by community of language, literature, manners, laws, religion and government; enclosed, notwithstanding the vast extent of their territory, by a border of unbroken geographical continuity;—brought up from their first plantation, through the long period of colonial infancy, to their present flourishing and glorious maturity, as sisters of one family;—bound together by the million various indissoluble ties of personal relationship, that have been created by a constant intercourse of more than two centuries,—the States composing this Union not only are, according to the form of the Constitution, but they are in fact and in feeling one people. They were united, before they framed the Constitution, by the high and paramount decree of the great Lawgiver of the universe: and whom God hath joined, man cannot put asunder. It is not enough to say, that the Union ought not to be dissolved,—that the States have no right to dissolve it,—that it is better that it should not be dissolved:—the truth is, that it cannot permanently be dissolved. Its members cannot exist for any length of time in a state of separation from each other. The present form of Union may,—should Providence intend to visit us with his severest judgments,—be temporarily broken up. What would be the consequence? The very act of its destruction would in all probability be attended by a development of military power and a series of military movements, which would end in the recombination of the States into another Union, under a military Government. Should we even suppose,—what is next to impossible,—a peaceful temporary separation, what would still be the consequence? The continual relations between twenty-four neighboring States of kindred origin and civilization, would necessarily lead to collisions, which would grow into wars, and these would continue until conquest had again consolidated the whole country into a new Union, not as at present, under the quiet reign of constitutional liberty, but under the sway, in some of its various forms, of a lawless and sanguinary despotism.
The necessity of these results is apparent on the slightest reflection, and is confirmed by the examples of all the nations of which we know the history. To look only to the mother country:—a thousand years ago, the British islands were occupied by hundreds of independent communities, essentially different in their origin, languages, manners, laws, every thing that constitutes civilization. Continued wars gradually brought them under common Governments, until, at the close of the last century, the union of Great Britain and Ireland finally completed the consolidation of the whole into one political body. So it has been in France, in Holland, in Spain, in Germany, in Italy, in Russia. So it has been in ancient times and other regions;—in Egypt, China, Greece, Rome. So it has always been and always must be every where. The European nations have all arrived through centuries of carnage and confusion at their present condition; they are still tending violently to a more complete union, which, after other centuries of carnage and confusion, they will ultimately reach. It has been our blessed fortune to begin where they have ended or are likely to end; to grow up from the hour of our political birth, in those happy bonds of fraternal kindness, which have been forced upon all other great nations by a long experience of the sorest evils. If, in an hour of wild delusion,—of mad insensibility to the causes of our present prosperity,—of criminal ingratitude to the Giver of all good,—we should burst these flowery fetters, the only possible result would be, that after a period, more or less protracted, of that confusion and carnage which we have thus far escaped, we should exchange them for the chains, that are now clanking round the limbs of every other people on the globe, and from which the enlightened and civilized nations of Europe are at this moment straining in agony to set themselves free.