The convention declared and ordained in this instrument, 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," the Act of May 19th, 1828, and that of July 14th, 1832, "are unauthorized by the Constitution of the United States and violate the true meaning and intent thereof, and are null and 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 the said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void."
It further ordained that no appeal should be allowed from the decisions of the courts of the Commonwealth to the Supreme Court of the United States in questions involving the validity of the aforesaid Acts of Congress, or of the Ordinance of the convention annulling them, or of the acts of the legislature giving effect to the Ordinance, and that no copy of the proceedings in the courts of the Commonwealth should be allowed for any such purpose, but that the courts of the Commonwealth should proceed to execute their decisions upon such issues without regard to any attempts to appeal therefrom, and should deal with any person making such attempt as being guilty of contempt of court. It then commanded that all the officers of the Commonwealth, civil and military, and the jurors empanelled in the courts should take the oath to obey, execute, and enforce the Ordinance, under penalty of dismissal and disqualification; and finally, it declared that South Carolina would regard her connection with the Union as absolved, in case Congress should pass any act authorizing the employment of military force to reduce her to obedience to the nullified acts, or any act abolishing or closing the ports, or obstructing the free ingress and egress of vessels, or in case the United States should undertake to coerce the Commonwealth, or enforce the nullified acts otherwise than through the civil tribunals of the country.
For the execution of the provisions of the Ordinance the convention commanded the legislature to pass such measures as would prevent the enforcement of the nullified acts, and give full effect to the nullifying Ordinance, from and after February 1st, 1833, and commanded the obedience of all persons within the limits of the Commonwealth to the Ordinance and the legislative acts passed for its execution.
| The Addresses issued by the Convention. |
With the Ordinance the convention issued two addresses, one to the people of South Carolina, and the other to the peoples of the other Commonwealths, naming each separately. The one to the people of South Carolina contained the theory of nullification, as elaborated by Calhoun, and the justification of its employment in the existing situation. It closed with an appeal to their love of liberty and a demand of obedience. The address to the peoples of the several Commonwealths contained an announcement of the passage of the nullifying Ordinance, the theory upon which it was based, an assertion of the unconstitutionality of the protective tariff, and its oppression upon the people of South Carolina, and a declaration of the spirit and feeling of the convention, and of the people it represented, toward the Union, the Constitution and the people of the manufacturing Commonwealths. The latter part of this address contained the only new point to be noticed. It was the offer of a plan for a compromise tariff which would satisfy the South Carolinians. The plan was the imposition of the same rate of duty upon all articles, those not coming into competition with the products of the country and those coming into such competition, and the raising of no more revenue than should be necessary to meet the demands of the Government for constitutional purposes.
| The Ordinance communicated to the Legislature of South Carolina. |
In a message of November 27th, Governor Hamilton communicated to the legislature of the Commonwealth the Ordinance of Nullification and recommended the enactment of measures by that body for the execution of the Ordinance.
On December 13th, the new Governor, Colonel Hayne, who had resigned his seat in the Senate in order that Mr. Calhoun, who had himself resigned the vice-presidency, might be made South Carolina's representative in the Senate, or, as the South Carolinians now considered it, South Carolina's ambassador to the Government of the United States, pronounced his inaugural address before the legislature, dedicating himself to the service of the Commonwealth in the execution of her Ordinance of Nullification.