Southern banner. (Athens, Ga.) 1832-1872, September 07, 1832, Image 2

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. tution of the United Slates it the work of "Ttrejority of the people, and not the majority of alatea, the right of sovereign rontract on the part of the state* is at onre destroyed; and that under the arquiessenca of the Supreme court,f in whirh ca*e the usurpation* of the General Government by a majority, would he supreme, without the possibility of redress or even appenl on the part of the states. An endeavour to expose the Hilaries of this and other doctrines of the same order, is not our . present purpose whatever we may hereafter attempt. It is simply to sketch their churac ter, and point out their tendencies. To every reflecting and impartial person most be obvious, that those who endeavoured to inculcate by precept and example such prin ciples aa these, are no friends to that true,free and republican form of government which the framers of the Constitution intended should govern the political association of theso Uni ted Slates, The party which advocate these doctrines have, before the hirth of the Con •tiliitmn, until the present period, showed derided opposition to its true character, and an unmitigated resistance to tho principles of its formation. Nor have we nrrived nt such a conclusion hy any process of mere abstract reasoning. It is an art of involuntary faith, over which wo can exert no influence as ti believing or not believing; it has been literally forced upon the mind, by an array of factu in the political history of this country, which examined will Rlike overthrow the doubts of the skeptic, and the sophistry of hypocrites. Nor are we entirely without the support of respectable opinion; on the contrary, have that kind of testimony from the highest source. Mr. Jefferson, than whom wo pro sume there ia no higher authority, in a letter to R. M. Johnson, expresses himself in rela. tion to this party, in no very equivocal Inn gunge. After in some sort complaining of the abuse which they had *howercd with a li ber il hand on him, for the pure and repuhlt can mnnnrr in which the affairs of Govern ment were administered, he umkes these re. marks: “ Rill I camn In the government un dor rirrunislanres calculated to generate pc cttliar nctimony. I found all its oflices in the possession of n political sort, who wished to transform it ultimately into the shapo of their darling model, the English government; nnd in the mean time to familiarize the public mind to the change, by administering it on English prinriples, and in English forms. ”J The 11 political seel” in which Jelf'i son here alluded, was the parly which opposed his elec tion to the Presidency, prefering to him nn in dividual every way inimical In the parly which Jefferson represented, nnd under whose ad ministration tho Constitution was so " palpa bly" and violently infringed, in the ennetmenf of tho alien and sedition laws—which parly was then as now, denominated Federalists.— Again, in a conversation which this same dis- tinguished individual had with General Wash ington nn the 1st of Octobor, 1702, he ex presses the same sentiments, in giving his reasons why ho thought thnl Washington should continue nt the helm of government, and guido its infant footsteps nl least one term longer; and when ho hinted nt 'lie existence of auch principles as the above, Washington ob served "that aa to the idea of transforming this government into n monarchy, ho did not believe there were ten men ip the United States, whose opinion* were worth attention, who entertained such a thought,’’ “I told him,” any* Mr. Jefferson, “ that there woro tnanv more than he imagined." I then referred him to a conversation which occurred nl his own table, between General Schuyler, on ono side, and Ptnrkney and myself on the other, where in the former maintained the potition, that he reditary discent was as likely to produce good magistrates, as election. I told him that though the people were sound, there were a nttmsr- ous seel who had tnonarchy in contemplation. That the Secretary ol tho Treasury (Air. E. Randolph) was ono of these. That 1 had heurd him say that tho Constitution was a shilli-shalli thing of mere'milk and wnter, that could not last, mid teas only good as a step to something belter. That when we ro. fleeted that ho had endeavoured ill the con vention to make an English Constitution of it, and when failing in that, we saw all his measures tonding to bring it to the same thing, it was natural for us to be jealous, nnd parti cularly when we saw that those measures had established corruption in the Legislature, where there was n squad devoted to the nnd of the Treasurer, doing whatever lie directed, and ready to do whatever ha should direct."§ The apparent difference uf opinion which ia liere manifested between these two illustrious personage*, might in some persons produce a lessened respect for the opinions ol Mr, Jef ferson, were It not for the fact that in subse quent conversations between them. Washing ton expressed himself in n very different man ner, || and in much more unreserved language. On this subject, using the tame arguments to to detain Jefferson in the Cabinet, aa ho (Jef ferson) had employed with him. Arguments of this kind might be produced to almost any extent, were it necessary, but believing, that those we have i.ffurcd will he fully sufficient for our purpose, wn w ill leave this part uf the subject. But before proceed ing however, to,point out the final results which wo think will inevitably follow should tho various doctrines advocated by the “ Fe deral party," become the acting principles by which this government shall be kept in mo tion, and the political destinies of the people composing these United Stales be governed ; we beg leave to make a few digres-ional re marks. We have been short and concise in our sketch of that patty, for two reasons—1st Experience has proved to us, that long and elaborate articles, however meritorious, nro comparatively seldom read, when found in the columns of a newspaper; and 2ndlv, The design of the writer has been more to intro duce the subject than to discuss it nt length. Considerable excitement has manifested itself of Into throughout the state in regard to the Tariff Tho people have become aroused somewhat, by what all deem nn attempt to impose upon them n system originiating from power usurped by the General Government, and in itself utterly subversive of those rights nnd immunities, which as citizens of a sover eign slate, they feel to be their legacy. It is ob vious to all, that tho Tariff is almost the exclu sive subject which has produced this excite ment and theso alarms ; and bv turning their nttonlioo entirely to this, they-lose sight to a great extent of other matters, not so promi nent indeed, but equally important to Consti tutional liberty. It may serve to torn public attention to the politienl history of o ,r coun try, to collect and arrange facta, and arrive at conclusions will, certainly in relation to tho ohiects which men and parlies have had in view when they have advocated certain prin ciples and doctrines ; and lie that will take the trouble to do this, will ascertain ns wo before hinted, thnl the same party which opposed the the Constitution in 1787, which elevated John Adame to the Presidency, and under whose auspices and fostering were passed the memo ruble alien and sedition lows, which opposed the election of Thomas Jefferson, and sup. ported Burr, which opposed (he Inst war. nnd got up the Hartford Convention, which Imvo advocated and still advocate tho doctrine o unlimited construction of the Constitution order to produce the hank oflhe United Stales, nnd the system of internal improvement, are the same which advocate front principle ns well us policy, the Tariff of 1828 nnd ’32. Wo shall now endeavour to point out whnt we concnivnln ho the legitimaln results,towtiich the doctrines of the Federal party tend. In doing this, we shall ns far as wo nro capable, divest ourselves of prejudice and partiality ; which are more or less inmates of every bo- soni, and he guided hy the light of reason only. We commence with the doctrine of con struction, and endeavour to show whnt may bo its influence in the operations of the go vernment, if suffered to proceed unmolested. Wo shnll take an instance or two and reason mpartinlly. And first, wo will lake the sedi lion law of’OS for nn exnmple. Tho Admin istration of tho government nnd tbo major to be looked on ns ono of the national guards. It wns certainly a frail project in the framers uf the Constitution to guard with vigilance, and scrutinize with such zealous patriotism, in order to define tho various powers which the government was to exercise, if tho instrument containing such defined powers is to lie sub jected to the laiiiudinarian constructions which gave truth tti such a law ns Lei the whole instrument be treated in the same way, (and indeed the practice has gone to an alarming extent already.) and the character of the government, under which our posterity in the course of a few more generations may live, will he no more like that which wasexerris- ed in the days of Jefferson’s administration,than the government of Rome under the first consuls was liko the government of Rome under the Ivrnnny of Nero or Caliguln. And when wo re flect that the sedition law was not only the first -step to the usurpation of power hy construe- non, but that tho system of internal improve ment, tiie National Bank and the Tariff Sys- tpm, nil spring from the same origin, and that tiie ndvoentes of these measures seem more steadfast, and determined to pursue their course of late than formerly, in dcfianco of the alarming excitement which they have occa sioned in some slates to the danger of the Union ; the most friged skeptic must see nnd feel that Ihere in much cause to dread ap proaching anarchy and confusion, or whnt is worse, because it is hard to remedy a consoli dation of the states, and the final instil utton of a government of complete nnd total despo tism. Tho doctrine ndvocated by Mr. Web ster and others, declaring that our government is National and not Federal, emulating direct ly from the people of the United Stales, instead of Iroin the Stales as independent sovereigns, attd is therefore a goverment of the people em phatically, is admirably calculated to suit the views nnd further tho interests of latiludina- rians or constructionists. The same part of tho Constitution, from which is deriied thn power to make appropriations for (lie construe, lion of roads, canals, brtdgos &c. will also admit of a construction to build edifices nnd estab lish schools and seminaries of learning, both in science and the fino arts. Now, if our go verninont is national, tho welfare of the ma jority is tho “ general welfare,” and thus the funds in the treasury might ho appropriated to the erection of seminaries of loarning in all its branches, all over those statos who have a re presentative majority in ‘Congress; and that part of the Union composing tho minority, stand their rights—all the better feelings of their hearts must be hurried beneath the an gry, malignant name of passion, in order to make them feel as men ought to feel. We have Clay’s, and Calhoun’s, and Webster’s, and McDuffie's, Hayne’s and Hamilton’s, nnd Berrien’s, who cannot without pain, behold the good people of this country suffering un der all the misrule of Jackson, while tney would he willing to sacrifice nil their love of retirement, nnd oven nccept of tho Presidency and offices of the Cabinet, to give their coun try the advantage of their talents and patriot ism. O, how it grieves thorn to see such men ns Jackson, nnd Cass, nnd Livingston, at part of its offices, were at that time " in tho and opposed to those doctrines, have no pus. possession of a political sect,” whoso charac-1 sihlo mode of redress short of revolution.— 1 Vide the cj|Aj*«ed opinion of th* Ssprtms Court in the csss of McCulloch, ts. the Stats nfMartland. t VWeJetTsrson's works, Vol. 4th. ptjr* 109/ 4 VkU Jefferson's works, Voh 4tb, page 493. | Ibid. ter wo have endenvored to delineate. They had accepted tho greatest honors and emolu ments of the government, whoso very cxis. lence they had endeavoured to prevent. Tho instrument from which this government deri ved all its powers, though particular in all its ' atures, and express in all its bearings, is by them made the subject of the most strict nnd critical examination, for the purpose of ascer taining how far its defective or unguarded phra seology would admit of constructions, upon hiclt might bo predicated the power to pass certain laws which that instrument did not ex• pressly authorize. By proceeding in this way, the enactment of a law is procured, which de clares “ that if any person shall write, print, litter or pahlish, nr shall cause or procure to bo written, printed, uttered or published, or slrnll knowingly or willingly nssist or aid in writing, uttering nr publishing any false scan dalous nnd malicious writings against tho go vernment of tho United Slates, or the Pros? dent ofthe United States, with an intent to drfamo the said government, or cither housca of Congress, or tho said President, to bring them or either of them into contempt or disre- puto nr e.rcile against them the haired of the people of the United Stales, $c. 1J-c. ; llton such person on conviction thordofbeforo any court of tho United Slntcs, having jurisdiction (hereof, shall be punished by fine not exceed ing two thousand dollars, nnd by imprison ment not exceeding two years." The effoel of this law (as is obvious to nil) wns of a double nnture ; it almost entirely prevented that ex pression of public opinion in relation to tho officers of government, (who derived their power directly from the people,) so necessary to the preservation of the liberties of the peo ple, and the purity of h free government; hy it the liberty of press wns olmnst entirely abolished, which liberty has ever been consi dered the grentesi disseminator of intelligence and sound policy. It also, bad thn effect of giving the incumbents of tho governmental of fices, (however execrable their conduct or principles might be) a decided sdvnntngo over political opponents, however meritorious, or however virtuous and well founded their claims might have been. Now, when we see affor ded as a pretext for the passage of this law, that aecluin* of the Constitution, which snys, that Congress shall have power, to make all laws which shall be necessnry and proper, for enrrying into execution the foregoing powers, that one of the foregoing powers woa to “ pro vide for the common defence and general wel fare." That the sedition law wns one of the means of providing for the common defence, and that the punishment of seditious writers" was suppressing insurrections, within the meaning uf the Constitution ; wo are naturally led to conclude that the power* of our govern ment are perfectly unlimited, subject only to tho pleasure of those who control its opera tions, and subject m political mutation* and inconsistencies, just in proportion as the hu man intellect is diversified, and the opinions of mankind niter from the force of circumstances. We cannot treat this attempted justification of the sedition law with any sort of gravity.— There is something too facetious for argument in the discovery that the sedition law belong ed lo the military power of government, that one means of national defence was indictment, and that a district attorney, whether casemen- ted or mounted on the folds of hi* writs, was • Vide lb* 18th Sect, ofthe 8th Art Tho proceedings of the Constructionists, alias the Federal party, so far, nro nothing more than what wo havo been taught to expect; for never did a lenrned astronomer predict tho eclipse of the sun with more fidelity and accu racy, than did Patrick Honry point out the consequences of adopting the present Consti tution, in his celebrated speeches In tho Vir ginia house of delegates. It seems as il, *• by inspiration taught," ho cited thnt assembly to the very sections which wns to suffer first by mal-construction. Though tcfloctions of this kind are naturally calculated to arouse the dormant energies of freemen, and make them anxiously look nround for some " method” by whirh these evils may bo arrested, nnd our government brought back to its original purity, we should bo cautious and prudent in our ac tions, lest by endonvoring to avoid Scylla, we strike and are split on Chnrybdis. Nothing in the moral world is exempt from mutation of some kind, when homogeneously compared, and accordingly “ all experience hath shown that the rarest thing in the history of man, uud the most difficult thing in nature to preserve, is a popular government worth living under.” It is true, that wo commenced our political enreer as a nation, under circumstances pe culiarly auspicious over that of nny nation who proceeded us. Tho origin of our govern mental rules, are not obscure and uncertain, but known to every one ; our laws as a nation are not derived from fictitious legends or tra ditions, hatched in tho cradle of ignorance, and brought up by the bonds of superstition nnd prejudice; but they come from authorized legislators of the people, to operate on the public. We should recollect that if the reve lation of the Deity himself to man, has been made the subject of angry discussion, discor- taut opinion, and warfaring sects, how rea sonably may we calculate on the perversion of an instrument of human composition,depen dant for immutability on the uncertain tenure of man’s wisdom. Let us, therefore, he gui ded by prudonco, profiting by the occurren ces of the past. MARCELLUS. —&3&— ron THE SOUTHERN BANNER. Messrs. Editors,—I have for somo time considered the union of these United States in danger, not indeed, because the people of eve ry section of the country may not he happy and prosperous under our Stnto, and General Government; but because we havo too many groat men for our offices ; and because these greet men nro permitted by the common peo ple, to give Iona nnd direction to public sent? ment upon subjects, concerning which, every man in the commu'nitv is perfectly able to judge for himself. But these pretended watch' lul guardians of the people’s rights, these dis interested, sympathising politicians who la bour alone for th.t people’s good, are unwil ling that tho country .should runmtn quiet, and that our citizens shopld pursue' the even tenor of their way in the enjoyment of all the bles sings, which any nation could roasonably desire. They, the common people, say these lea ders are sore oppressed, and they dont know it. They are loosing our services a* public officers. They must be aroused ; such tal ents os ours ought not lo be unemployed.— Hence a whirlwind must be raised—a dust mutt be thrown in the eyes of the common people, to enable them to aee—their reason must be nullified, to enable them to under- ibe head of Government ! Their chivnlric hearts bent high with the love of country, their disinterested patriotism fires at (he sight of a good dinner, nnd the thundering wine glass moves all the energies of (heir daring souls!! A voice from the graves of their ancestors calls upon them to whet their swords upon the tomb stonos of sires who burst the iron chains of British despotism, and for shame to sunder those cotton nnd woollen cords, with which the hard hearted Yankees are binding them !! I Disinterested, daring spirits I! Behold with whnt firmness they aim the mnzzlo of the wine glass nt every enemy of their country, and with what courage they pour upon her pitiless oppressors the wasting grapeshot of damning, nullifying toasts !! Whnt n misfor tune that such men cannot ho at tho head of government 1 How much better to hove twenly-four8uch Presidents, guiding the des, tinios nnd blessing the citizens of theso So vereign Slates, than lo he under tho rule of feeblo old Jackson !! How foolish in the citi zens of the South to hesitate one moment to sever the Union, for the purpose of obtaining the scrvicos of such men in office? What would not Calhoun do, were he President of the Uliited Republic of South Carolina and Georgia ? Only put McDuffie at the head of the Slate department, and would not he, who can convert 14,000 into n million,be able to de vise ways nnd means to fill our pockets with cash f What would not his grant national constitutional bank do for us, citizens cf the South ? Only make Ilayno nr Hamilton So, rrctary of War, and they would survey every rond in our land, und bring a canal or rail road through every corn field and “ cotton patch" in all this mighty Republic of tho South Just make Berrien Attorney General, and you would never have any more contests, tnalo or female in all this delightful Govern ment!! Why he’d nullify “ them Yankees, if they even brought a wooden nutmeg, or horn gun flint across your line, as soon ns he silenced Mrs. Eaton, nr.d taught old Hickory what ladies could be permitted to stay Washington!—Pardon me, Mr. Editor, for turning a subject serious as tho liberties of my country into ridicule. I cannot, howover, with out feeling the keen edge of satire sharpening my pen, attempt to write upon this subject! cannot, without a feeling of contempt, hear men gravely inquiring “ what has been the advantage of the Union to the South?" cannot, without more than contempt nnd in dignntion, behold tnen attempting to incite their countrymen to civil war. for evils which they know to be in n great measure imaginary, and which, if real, will tiocessnrily remedy themselves in n short time, without tho deso Inlions of civil wnr, and the horrid spectacle brother cutting the throat of brother. 1 can not, without a feeling better felt, than expres sed, behold a few nspiring demagogues at, tempting to tnflamo the public mind.fhrthepur pose of consuming those obstacles which im pedo their ambitious strides to places of power and profit! 1 rannot'see men who profess ho the friends and, some " o pudor,” tho min isters of the Prince o( peace, seizing tho torch of discord end civil war, without contempt Yos, to soo a pitiful driveller of nullification mingling with '.he sons of wnr end drunkenness, lo-doy, and to-morrow standing in the place of mercy and peace, is indeed sickening to the heart of patriotism as wejl as Christianity !— Who can fail to frown upon that man, whom his country has raised from poverty and in, significance, to wealth and power, publicly preaching the doctrines of disunion and civil war—attempting to inflame the minds of the young, and lo blind the eyes of the ignorant, and to work upon the sordid avarice of the mi ser! Look at the heartless demagogue pledg, ing “ his life, his fortune, and his sacred lion, or,” yet with no more intention of breasting the storm, which his own foul breath is raising, than of ceasing to look alone at his own per, sonal agrandisement ? Who will not blush for the men, who, in the face of facts, will continue to assert what they know to he false Who, without pity, can behold men in the en joyment of the richest blessings, a kind Provi dence ever bestowed upon a penpl e, suffering themselves to be seduced bv thosowho have fattened upon their kindness, and risen upon their credulity ? Whose heart does not sicken when he looks at his country, blessed with all that can make a nation free, arid honorable, and happy, torn with intestine feuds, dtslrnc, ted with contending factions, and perhaps about to be plunged into all the horrors of ci vil war? And why all this commotion ? Why all Ibis rage, and strife, and noise of men? I look in vain for the reality of that picture of suffering, which the ambitious demagogue and the apostate Priest pourtrny over their wine I ask in vain for the dangers to which our li berties are exposed I For, I see a country extensive and powerful, and enlightened, with a Constitution the purest which has ever been granted to a nation.* I know ihere are dif ferences of opinion in the interpretation of this instrument, which are considered important. I know ihere are aecticnal interests and sec tional jealousies. But can these things lead to the enslaving of any portion ofthe country! Are there not so many common, as well as conflicting interests, that a majority cannot * I know the Tariff is unequal and therefor* unjust, but not to the extent pretended by Nullifiers. long greatly oppress and injure the mino™,, And nre the sections) jealousies more nut> ous or more disastrous, than would be th which would arise in any portion of the 00°*' try, were that portion to secede f ror , Union ? What have been the feelings betw/ Clark men and Troup men in Georgia ? lyu* is now the feeling between the large ceuntie! and the smnll ? Have not the upper count. I been paying to tho lower, a heavier tax th ** ever the Tariff imposed ? What has been th" feeling betweon South Carolina men ad Georgia mon ? la it reasonable to suppng that men who have treated each other as b» the leading men of the two great parties i (l .k** State, or in this Stale and South Carolin * would live long under the same governme witho’it differences more ruinous than tho"' which now distract the United States ? v* 6 as well might you mingle oil and water ai t make these men harmonize. Could the cii° zens of Georgia and South Carolina, five nl !' ceab'y and amicably under the same form government, were they alone to constitute th State ? Would there be no jeatauny, no ,1' interest, which would creep in and forever d * stray tho welfare of both ? Wo all knon g,*! a common quarrel lends to unite those who' other respects ore opposed. And yet, | )ow ™ it in this case with Carolina ana Georgia! | 3 there not as much bitterness even now on the subject of tho National Bank, and the doc. trine of Internal Improvement, between *. ln) e of the champions of Nullification and Dim. nion, as Ihere is between Tariff and Anti-Ta* riff? And hud they not been engaged in tfo quarrel with the General Government, would not these bones of contention havo produced as much bitterness as is now mingled with the other ? Do we not know that as you narrow the area on which the contest takes place, you increase the heat and zeal, and bitterness of strife ? Form your Southern Republic, and bow soon would the rhivalric Nullifiers of South Carolina, who are tho fathers of Inter, nal Improvement, draw upon your Southern Treasury, for Rail Ronds to Charleston, the great port of ontry for the South ? A few mil- lions of taxes would no doubt he recommend ed in President Calhoun’s first message, for fortifications around the Queen of Cities— Would there be no rivalry between the inhabi tants of our sea board and those of Sooth. Carolina? Would Savannah be willing to have her resources all dried up, for the salt of pouring the wealth of Geogiainto the great em- porium of the great Southern Republic ? Should wo not need ships and fortifications at so mi. ny points, as to puzzle even Secretory Mc Duffie, to provide the ways and moans? Ab surd I worse than absurd, to suppose thnt S. Carolina and Georgia could form a Union which would not be a rope of sand ! The lo cation of a sent of Government—the election of the first Chief Magistrate, would rend in pieces a Union composed of materials discor- tant and repulsive, as positive and negative electricity. But, perhaps it will be said that the remedy proposed by Nullifiers is peaceful nnd will not result in disunion. Be not de ceived ! It can no longer be doubted that the object is disunion. They wish no other effect, and there can be none. Have tboy not shown in Congress thnt they desire no peace with other portions of the Union ? Do they not de clare that war is the resort, if they ure resisted by .the General Government ? And will Gen. Jackson suffer any stato or states, to nullify an act of Congress? Ask his letter to the Union men of Charleston? Will Hewy Clay ? Where is the Icasi ground of hope that an act of resistance will not be met, end met with energy by the General Government! What was the language of the South concern ing tho Hartford convention ? Should wn not despise that government, which would not re sist and put down treason within its own bor ders ? Resistance is as inevitable as the set of Nullification is certain. And it is mean ness in thoso who daro not come out openly, to attempt to deceive the people. They talk of peaceful remedies, whilo attempting to in flame our minds and to lend us on until we have taken steps, from which we cannot with dignity recede. They hand us the glass of friendship, and tell us not that it is mingled with the blood end tears of our .fathers sod mothers! Let us be not deceived! their ob ject is disunion, their expectation is war ! and when the fatal blow is struck, it may be too late. 1 believe I can show clearly that they ure attempting to impose upon us, and thit every difficulty which they can throw in the wny of peace and harmony is done. But if 1 attempt this I must do it in another number. A Friend of Union and Equal Rights; But one who believes, that when oppression i» such ns to rendor Union no longer desirable, we have the right to recede, and thnt we should do it openly ; hut who also believe* that that lime has not arrived. Fon THE SOUTHERN BANNER. * Mrssrs. Editors,—Our fellow-citizens, ia many part9 of the State, we ere gratified to learn, ere calling upon the Candidates for Congress and the Legislature to express their sentiments upon the subject of nullification-— This is worthy of imitation. The time has «• rived, when evety voter should know the sen timents of those for whom ho votes, especially upon such a subject as nullification, which i* full of danger, death, and destruction. ft would increase our confidence in the candi dates of this county to have a public expres sion of their sentiments upon this subject.— They are nil believed to be opposed to that wonder-working remedy of J. C. Calhoun, but to make “ assurance doubly sure," they should either individually or collectively give the county a fair and full exposition of their views. Many voter* are reaolved lo support no moo who is a nulhfier, and who ia not known to be pposed to nullification. They believe that no nullifier can consistently support Gen. Jachson, who is a decided anti-nullifier. Our candidates are requested to afford the iofor*