Newspaper Page Text
VOL. I*
“The feriuciii of a free, is preferable to the torpor Qf £ despotic, Government.”
ATHENS, GEORGIA, FEBRUARY 2, 1833.
AO. 46.
The Southern Banner,
JS PUBLISHED IN TUB TOWN Op ATIIli.NS,
or.oROiA, r.vr.nv Saturday,
by AI.BOXT CHASE.
Tmm.—Three clollnrs poryeor, nnvoblc in advance,
Four dullars if delayed to the end oftho year. The
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hellers lo the Editor on matters connected
with the establishment, must bo post paid in order to
•a{urc attention.
Notice of the sale of La ml and Negroes by Ad
ministrators, Executors, or Guardians, must he publish
ed .»ixty (lay* previous to the day of sale.
Thoalo of Personal Property, in like manner, must
be published forty days previous to the day of sale.
Notice to debtors and creditors of an estnto mud be
^Notice lliat ^Application xvill bn made to the Court of
Ordinary for Leave to sell Land or Negroes, must he
*^ NolS'ccihat Application will he made for Letters of
Administration, must he pnbh«hed thirty days t and for
Letters of Dismission, six months.
A GENTS.
Thomas B. Cooper, Esq. ClarkesviVc, Habersham Co.
George Hawms, Esq. GaincsviUe, Hall Co.
William Cowan, Esq. Jefferson, Jackson Co.
William Mkko.net, Esq. Daniclsville, Madison Co.
Mat. J. Williams, Esq. Laicrcncctille, Gwinnett Co.
From the Charleston Courier, ol 2lst iust.
BV EXPRESS.
•CjT’At an early hour yesterday morning, n Govern
ment Express reached town, from Washington, with .
copies of the Washington Glohe, of Thursday last con- ) nnv ,,,nPr P r
tinning a highly important Message troiu the President *'
of the United States to Congress—and having been fa
vored with a copy of tins document wc hasten to lay
it before our rtuders.
t Vent to force nr violence, the measures of it* advo
cates would be taken in conformity with that proles
f=ion ; and, oil such supposition, the means afforded hv
Mating laws would have been adequate lo imet
V likely to arise.
T. HANCOCK & CO.
H AVE recently received a choice and extensive
supply of NEW GOODS, consisting, in part, of
the following articles:
Dry Goods.
Fine Blue, Black and Colnretl CL0TJ1S,
Mark and Fancy CASSIMEItES, _
l ine Fashionable Striped mid Assoitcd S.1TT1XET 1S,
1'lmnch, assorted colors,
black and colored Circas.inn,
Vnleniia Vestings,—Uoais' lliir Comblet,
Bnmhaxells, assorted,—Merino Caslin.eret,
Hunting Cord and Bouverteon,
llnllle and Point Blaokcts,—Rose and Ctodlc do.
Carpeting,—Hearth 1(0<IS,
Manilla boor-nials,
Brown, bleached and blue Homespun,
Calicoes, assorted.
Fancy Goods.
Ifiack and fancy colored Merinos,
Merino Mantles and Shawls,
Thibet Wool, Cashmere, Silk and Gauze do.
Bland, Crape and Gauze Handkerchiefs,
Black Italian Silk,—Gros ds Lyons,
tiros do Nap,— Pon de Snip,
blially,—Gros do Zar.c,
Black watered and colored Silks,
Black nnd colored Silk Velvets,
Black Bombazines,
Velvet and Silk Embaased Bolts,
Bead Embroidered do.
Rend Bags, plain and gilt,
Unbind Lace, wide and narrow,
Thread, Gimp and Blond Lace,
Muslin Trimming nnd Inserting,—Ribbons aborted,
Ladies* silk, kid and h«»rs*skin Gloves,
Black, gold and colored Seed Beads,
Transfer Boxes, with Varnish and Plates,
Carved Comb'*, &c, &c.
Bonnets.
Fancy French Straw,
Wove, Satin and Tus-
From the Globe, of 17th inst.
Yesterday (16th inst.) the President of the Ui
States communicated to both Houses of Congroai
following
MESSAGE :
Gentlemen of the Senate,
ami House of Representatives :
ited
apprehension oftho
prevailing in that qoeitcr might lead; hut it certainly
was not foreseen that the tficditatrd obt-lrut lion to the
law* would so soon openly assume its present charac
ter.
Subsequently to the date • f those instructions, how- unless the United State
ever, the Oidmnncc of the Convention was passed, ‘ . . -
which, if complied with by the people of that State,
must effectually render inoperative tin* prevent icvcnue
laws within her limits. Thai Ordinance declares and
' otdaius ‘ liiat the several acts and parts of acts of the
! Congress of the U. .States purporting to he laws for the
{imposing of duties and imposts on the importation of
In my Annual Message, nt the commencement D fj commodities, and! now having operution and ef-
your present session, I adverted lo the opposition to ' ,, cs "“hin the U. States, nnd more especially “an ac
the revenue laws in a particular quarter ol the Lulled ' lfl n * l( -‘ rn,,nn * I ** ,e prv ‘ rol nets imposing duties on ini-
States, which threatened, not merely to tnwurt iheir < l ,or t 8 *” approved on the 1 i*«li ot May, 1828, and nl«o nr
execution, but to endanger the integrity of tm- Union. , nc * * 0D fll '* to alteram) emend flic several actr
And although I then expressed my reliance that it ! ! n . 1 l m JI n 1 ff ,hlt,cp ° n im P or,H *’ approved on the Mill .In-
and penalties, mmpcl ohedience and punish disobedi- |olma nnd of the United Stales, but the subjects of for
esee to your own laws, arc points too obvious lo requiin , eign Stales ma\ impoit nnv description or quantity of
any discuspi-Mi. In one word, you must survey the j merchandize into the ports of South Carolina, witb-
whole ground. You must look to and provide lor nil > out the payment of nnv duty whatsoever. That State
possible routiugencie*. In your own limits, your ouii : is finis relieved from the payment of any part of the
possible altogether to suppress | Courts of Judicature must not only he supreme, hut you public burthens; nnd duties nnd imposts arc not only
x cesses to which the excitement must look to the ultimate issue of any conflict of juris- J ren.’ered not onilonn llnoiigliout the United States, but
diction and power bet ween them and the Courts of the j a direct nnd ruinous preference is given to the ports of
United State*..” The Governor also nsks for power to , that State over those of nil the other Slates of theUn-
•'Mint clearances—in violation of the laws of tho Union, j ion, in mnidfest violation of tbo positive provisions of
"Arid, lo prepare lor llie alternative, which must happen j the Constitution.
•d State* shall passively surrender iheir | In point of duration, also, those aggressions upon
authority, and the Executive, dit*rci'im!iug his oath, j the authority o| Fuiigii'tij, which, by the Ordinance, are
nfinin front executing the laws of the Union, I e recoin- j made part of the fundamental law of South Carolina,
mends n thorough rcvi«inn of the militia system, nnd j are absolute, indefinite, and without limitation. They
that the Governor “he authorized lo accept for the neither prescribe the period when they shall cease, nor
defence of Charleston ae.d its dependencies, the services indicate any condition upon which those who hove
of two thousand volunteers either by companies or ' thus undertaken to arrest lira operation of the law-, arc
files,” and that they he formed into a legionary hi igndc, to retrace their steps and rewind their measures.—
e.tiiMpiing of infantry, rilletnen, ruvniry,1icld and heavy | They offer to»he United Stales no alternative hut un-
artillerv ; and that they be “ armed nnd equipped from j conditional submission. If the scope of the Ordinance
tho pohlic arsenals completely for the field, and ilmt is to he received ns the scale of concession, their dc-
sppropriations he made lor supplying nil deficiencies in I rounds ran he satisfied only by n repeal of tho whole
our tnnnilmnb of war.” In addition fo three volunteer
might he ovcrcomo by the prude
the United Stairs, and the patriotism of the people, I : V 11 n( * v *‘»L«»<t the true i>
stated that, suoulri the emergency arise, rendering the J,, ® rc oml snd^'oid|, nnd
execution ol the existing laws nupruclicuhle, from any * “ *" ,A ~ n ~~ '
cause whatever, prompt notice should be given to Con
gress, with the suggestion of such views and mca&ure*
as might be necessary lo meet it.
Events which have occuted in the quarter then allu
ded to, or winch have come to my uuowlcdge subse
quently, present this emergency.
Although unknown to me nt the date oftho Annual
Message, the Convention which assembled at Colum
bia, in the State of South Carolina, passed on the SMth
of November last, an Ordinance declaring certain ueis
of Congress therein mentioned within the limits ot that j
ly» 1832, are unauthorized by the Constitution of the
States, nnd violate the true intent nnd meaning
' no law, nor binding
the State of South Carolina, its officers and eiti-
zi*ns ; and all promises, contracts, nnd obligations,
marie or entered into, or to .bo made or entered into,
with purpose to secuie the duties imposed by,the said
nets, end all judicial proceedings which sbnll be hereaf
ter had in nffirmni c-* thereof, are nnd .-hall he held ut-
terl\ null and void.” It also ordains " that it shall nol
he lawful for any of the constituted authorities, whether
of the State of South Carolina or of ilie United Siatt
•«» enforce the payment of duties ituposrd by the ctiid
acts within the limits of the State, hot I lint it shall be the
duty of the Legislntme to ndopt such tm-nsuresand pass
nh arts as nnv he ii n cossnry to gite full effect to this
State, *o be absolutely null and void, ami making it the I , ar s :,s r, ' n - v l,e M '' coss: ’ r .V to give tml effect
duly ..t'tl.c- I.ogislaturo to pass sucl, lu , s as would bo “ ,,lln " nce ! nnd >“ l> r «»«*" ll " ; enforcement and arr.-..
jeossary t.. carry the same int.. olid, f'rum and ali.-r !"' "I" "•*»»•• O.c sM.I acts and parts ol acts ol tlie
* t.«;nnress ol the United Slates, within the limits of the
can BONNETS,
EnglFh Straw do.
Ready Made ClotlBioBgr.
Men’s Cnmblet Clonks,
Ladies’ Silk nnd Circassian do.
Gentlemen's Blue and Block FROCK COATS,
do. Green Smtouts,
do. Black and Adeluide DRESS COATS,
Striped Cosvimero Pantaloons,
Black and mixed Cloth do.
Striped and plain Satinett do,
Valentin and Merino Super Vests,
Silk and Marseilles do.
Iffats nied Caps.
Gcnllrmen’s Fashionable Rea
ver HATS,
Castor nnd Romm do.
Dlaek and Drab Wool Unis,
Blue nnd Claret Cloth CAPS,
Men’s and Boys’ Fur Caps.
Boots and 82ioes.
Men’s drevar-t Deer Skin
IlOi. TS t
CuSf-aklu do.
Fine Calf .tml Scnl-rkin
SHOES,
t5» Men’ll elastic and leather
Ov» r-Shor*,
Buckskin NValking.^liocs
and Pumps,
Morocco and Seal-skin Pumps,
ffiiipet nnd Black Hrrgan*,
Ladies' Morocco, Seal and Buckskin Shoes,
Fine Prunella do.
Opera Boots,
Morocco and Leather Boot*,
Children's Shoes, &c. &c. &c.
TOGETItr.n WITH A GENERAL ASSORTMENT OF
Snddlery, Cnnch Trimming, Red
and Blue Morocco Skint*, Hard*
ware nnd Cutlery.
Groceries,
Drugs, Paints,
and Oils.
—ALSO—
A select assortment of CROCKERY and GLASS
WARE, among which arc
China and Porcelain Tea Setts,
Glass ware in Sells,
Lamps and Shades, &c. &c.
AU of which they offer on tho mos* reasonable terms.
Athens, Dec. 29.—41—tf.
thojst of Fcbrtiury next. A copy ol that Oidmance
ha.f been officially transmitted to me by the Governor
of Soulii Carolina, and now communicated to Congress.
The consequences to which this extrauidinuiy defi
ance of th^just authority of the government might loo
surely lead, were dearly foreseen, and it was impossi
ble for me to hesitate as to my on n duty in such un
emergency. The Ordinance had been passed, howev
er, without any certain knowledge of the recommenda
tion, which, Irom a view of Die interests of the nation
nt. large, the Executive had determined to submit to
Congitss, and a hope was indulged that by liankiy ex
plaining his sentiments, and the nature ol thoec duties
which the crisis would devolve upon him, tnc authori- ,,r t
■ ia .mb Ctniiilinii mmht lie iiiiiiieefl In ret rare limit- taken
lies of South Carolina might he induced to retrace iheir
steps. In this hope I determined to issue my Fioelu
million of the lOtli of December last, u copy of which I
now lay before Congress.
I regret to inform you that these reasonable expecta
tions have not been realized, and that tl.e several acts
of the Legislature of South Carolina, which I now lay
before vow, nnd which have all and each of them final
ly passed, after a knowledge of the dt-xire of the admin
istration lo mouify the laws complained of, nic loo well
calculated, both in their po-itivecnncime:ila and in ihe
spirit of opposition which they obviously encourage,
wholly to obstruct tho collection of the revenue within
thn limits of that State.
Up to thi* period, neither the recommendation of the
Executive, in regard to our financial policy and impost
system, nor ihe disposition manifested by Congrtss
promptly to acton that subject, nor loo unequivocal
expression of the public will in all parts oftho Lmon,
appears lo have produced any relaxation in the incus-
mos of opposition ndr.ptt d by the Slate of South Caro
lina, nor is there any reason to hope that tho Ordinance
nnd lav/s will he abandoned. I have no knowledge
that an attempt has been, or that ii is in contemplation
to ro-assemhlc either tho Convention or tho Legisla
ture ; nnd it will ho perceived, that the interval before
the 1st of February, is too short to admit ol the prelim
inary slips necessaiy for that purpose. It appears,
moreover, that tho Slate authorities are activel) organ
izing their military resources, and providing the mt-unr,
nnd giving tho most solemn asiuiiMnccM «<f protection
and support to all who tJutll enlist in opposition to tiie
revenue laws. A recent Proclamation ol the present
Governor of South Carolina, has openly defied the
authority of tho Executive ol the Union, nnd geneuil
orders from the head-quarters of tire State announced
his dett rminniion lo accept the aer\iccn of volunteers,
and his belief, that should their country need their ser
vices, they • II bo found ■ the post ol h«»m r nnd duty,
ready to lay down their lives in lierricfcnra. Under
tin ?c orders, the forces referred to arc directed to “hold
themselves in readiness lo take Ihnfh-M nt n momenta
wan ingai d in tho City of Charleston, with
in n collection district, nnd a port of entry, a rendez
vous has been opened for the purposo of enlisting men
for the magazine and municipal guard. Thus South
Carolina presents herself in tho attitude of hostile prep
aration, and ready even for military violence if need be,
to enforce her laws for preventing the collection of the
duties within her limits.
Proceedings thus announced and matured, must he
distinguished from menaces of unlaw Oil resistance by
irregular bodies of peo ple, who, acting under tempora
ry delusion, inny he resliained by reflection and the in
fluence of public opinion, from t lie commission of actu
al outrage. In the present instance, nggresmon may
tie regarded us committed, when it i3 officially aulli' r-
ized, and moans of enforcing it Fully provided.
Under these circumstances, tlwre can he no doubt
that it id thn determination of the nuthoiitii s of South
Carolina, fully to carry into effect their Ordinance and
Laws, afier the first of February. It therefore becomes
my duty to bring the subject to the serious considera
tion id Congress, in order that such measures ns they, 1
in iheir wisdom may deem fit, shall lie-»-nsoonl>!y pro- ;
vide«l, mill that it may be thereby understood, that while
the government is disposed to cem- ve nil just cause ol
complaint, ns far us may be practicable, consistently
with a proper regard to the interests of the community
nt large, it is nevertheless determined that thcmipmn
ucy of the laws shall he maintained.
In making this communication, it appears to me to be
proper, not only that I should lay before you the acts
and proceeding* of South Carolina, but that I should
also fully u< quaint you with those steps which I have ul-
reodv caused lo he taken for tho duo collection of the
revenue, and with my views of tho subject generally,
that the suggestions which thn Constitution requires
mo to make in regard to your future legislation, may
be better understood.
This subject having early attracted the anxious at
tention of the Executive, as soon as it was probable
that the authorities of South Carolina seriously medit
ated resistance to the faithful execution oftho revenue
laws, it was deemed advisable that Ihe Secretary of the
Treasury should pnrtimlarly instruct the officers ofilie
United States, in that part of the Union, as to the na-
lure oftho duties prescribed by the existing laws.
Instructions were aecnrdingt) issued on the Clli of
November, lo : tie Collectors of that State, poinlingout
their respective duties, and enjoining upon each a firm
and vigilant, hut discreet performance of them in the
emergency then apprehended, I herewith transmit
copies of these instructions, ami of the letter addressed
to the Dis^ict Attorney requesting his co-operation.
These instructions were dictated in the hope that ns
th<5 opposition to the laws by the anomalous proceed
ing of Nullification was repiesented to he of n pacific
nature, to he pursued substantially According to llic
forms of the Constitution, and wither* resorting in any
Sinie, from ami after tho first of February next: ami
• hat it shall he the duty of all other constituted author
ities, ami of nil persons residing or being w ithin the
limits ol the State, and they nro hereby required and
enjoined, to obey nnd give effect to ibis Ordinance, and
such nets and measures of the Legislature as max he
adopted in obedience I hereto.” It Further ordains,
“ that in no case of law «*r equity, decided in tlm Courts
oftho State, wherein shall ho drawn in question thn
authority of his Ordinance, or the validity of such act
or nets of ilie Legislature as may Ire passed for the pur-
pom; of giving effect thereto, or I ho validity of the afore-
1 acts oF Congress, imposing duties, slmll any np-
nllow’eil to tin; Supreme Court ot the
l idled Stules, nor Khali nnv copy of tho record ho per
mit tid or allowed for that purpose ; ami the person or
persons attempting to take such an appeal, may hr
dealt with a* lor a eoi tempt of Court.” It likewise
ordains, “ that all persons holding any office of honor,
profit or trust, civil or military, under tho State, shall,
within such time, nnd in such manner as the Legisla
ture sh ill prescribe, take an ooih well and truly to obey,
execute, and enforce this Ordinance, and such act or
acts of the Legislature ns may be passed in pursuance
thereof, according to the trim intent and meaning of
thD same : nnd «.n the iu>ul.>m or omission ofanv such
person or persons so to do, his or their office or offices
shall lm forthw ith vacated, and shall be filled up ns if
such person or persons were dead or had resigned ; and
no person he rentier elected to any office of honor, prof
it nr trust, civil or military, shall, until the Legislature
shall otherwise provide nnd direct, enter oil the execu
tion of his office, or he in nnv respect competent to dis
charge tho duties thereof, until he shall, in like manner,
have taken a similar oath; and no juror shall ho cm-
pnnm-Jled in any of the Courts of the Stale, in any
cause in which shall he in question this Ordinance, or
nnv net oftho Legislature passed in pursuance thereof,
unless ho shall (iist, in addition to the usual oath, have
taken an oath that lie will well and truly obey, execute
and enforce this Ordinance, and such act or uct? of the
Legislature ns may lie passed to rnrrv the same into
opointion and effect, according to tho hue intent and
meaning thereof.” The Ordinance concludes, “Ami
we, the people of South Carolina, to the end that it
may ho fully understood by C o government oftliclJni-
ted States, nnd the people of the ro-States, that we me
determined to maintain this ordinance and declaration
ut every hazard, do further declare that v/o will not
submit‘to application of force on the pait iflheFedeial
(mueminent to reduce this State to obedience ; hut I
that we will consider the passage, by Congress, ofanv j I;
ct authorizing the deployment of a military or naval
Ibrco against ihe Siam of South Carolina, her c->nttlitu-
ted authorities or citizens; or any net abolishing or
closing the ports of this Stale, or artv of thorn, or* t!irr-
wi-e obstructing lit.- free ingress and egress of vessels,
to and from the said ports; or any other net on the
part oftho Federal Government to corrce Ihe Stale,
shm up her polls, destroy or hurras* 1 her commerce, or
to enforce the acta hereby declared m lie null nnd void,
otherwise than through the civil tribunals of the coun
try, ns inconsistent with the longer continuance of
South Carolina in tho Union ; and tlwil thn people of
this Stale will thcncefnilli hold theinsrhrs absolved
from all further obligation* to maintain and preserve
their petition! connexion with tho people of the other
Slates, and will forthwith proceed to oigaiiizc; a sepa
rate Government, nnd do ull other arts nod tilings,
which sovereign ami independent States may of right
Thir solemn ib-nmicialii
of the United Siai» h I .i» I
of acta on tho part of then
manifest a deieiniinntion
lo those measures of self-defence which flic paramount
duty '.^Government requires, but upon th ? adoption «>l
which that State wiM proceed to execute the purpose it
haa avowed in this Ordinance of wilhdtav. ing ft out the
Union.
On the 27’h of November, the Legi-laltiro assemble d
at Columbia ; and on their meeting, the Governor laid
before them Ihe Ordinance « f the Convention, in his
Message on thnt occasion, he acquaints them that
“ tin* Ordinance ha* thus become a pait of the funda
mental late of South Car lir.a ;”tbat “ihe dee has been
at last east, and South Carolina has at length appealed
to her ulterior sovertignty n« o member of tins confed
eracy, nnd has planted herself on her reserved right*.
The’right l id exercise of this power i* not a epirtdion on
which wc irhail any longer argue. It is sufficient I lint
she bus willed it, and thnt the act is done ; nor i« its
compatibility with our constitutional obligation lo all
law s passed’ by the General Government, within the
authorized grants of power, to bo drawn in question,
when this intorporMion is exeiltu in a cr.se in which
the compact has been palpably, deliberately, ami dan-
gsrotiply violated. *1 l*at it brings t*|> a ect<juuctur*- of
ihe citizen* can no longer receive protection from the
Government of the Union. They not only abrogate
ihe acts nf Congrec* commonly called iheTntifl nrls of
1828 nnd 1832, lint they prnslrat) and sweep away, nt
••tire, and without ex«rp’jnn, every net, and every
deep nnd nionieiitotis interevt, nr neither to be conceal-1 part of every art iriqrosing any amount whatever of du-
pyntetn of revenue In up, nnd by abstaining from tho col
lection of any dues nnd imposts whatever.
It is tree, thnt in the address to tho people ol tho
United States, tiy*tho Convention of South Carolina,
after announcing tho fixed nnd finnl determination of
thn State, in relation to the protecting system, they
say, that “it tem.in* fur ns to submit a plan of taxation
in whirh we would he willing lo acquiesce, in n libera!
spirit of concession, provided we are met in due timo
nnd in a becoming spirit hv the States interested in
manufactures.” In the opinion of the Convention, an
equitable plan would he, thnt “ the whole list of protec
ted articles slmuld he imported free of all duty, and
tlmt the re« critic derived from import duties should bo
rnHcd exclusively from the unprotected articles, or that
whenever n duty is imposed upon protected articles im
ported, an excise duty of the same rate shall be impo
sed upon nil similar articles manufactured in the Uni
ted States.” The nddre«s proceeds to state, however,
that they “are willingto make a largo offering to pre
serve the Union, nnd with a distinct dcclnrntion'that as
concession on our part, we will consent that the same
rate ofduty may he imposed upon the protected articles
that shall he imposed upon the unprotected, provided
tlmt no more revenue he raised than is necessary to
meet tho demand.) of Government for constitutional
purposes, nnd provided also that a duty substantially
uniform be imposed upon all foreign imports.**.
It is nh» true that in his Message to tne Legislature*
when urging the necessity of providing “ means of se
curing their safety hv ample resources for repelling
force by fi'rce,” the Governor of South Carolina ob-
serves that he “ cannot hut think that on a calm and
dispassionate review by Congress and tho functionaries
of Ihe General Government, of the true merits of* this
controversy, the mbit ration by n cnllof a convention of
all the Stutcs, w hich wc sincerely and anxiously aeck
nnd desire, will he accorded to us.”
From tho diver»ity of tho terms indicated in these
two important documents, taken in connexion with
the progress «»f remit events in tlmt quarter, thero is
too much reason to nppichrnd, without in any manner
doubting the intention* of those public functionaries,
that neither the forum proposed in tho address of tho
Convention, nor ll '*se alluded to in tho Message of tho
Governor, would appease tho excitement which hos
led In the present excesses. It is obvious, however,
thnt should the latter hr insisted on, they present an
nlternntivo which iho General Government, of itself,
can by no possibility grant; since, by an express pro
vision of tho Cons’itittinn, Congress can call a Conven
tion for thn purnoxe of proposing amendments, only
“on tho application oftho Legislatures of two-thirdaof
the States.” And it is not perceived that the terms
presented in the Address are more practicable than those
refi rrrfi to io the Me«.«ng \
Ir will not escape attention thnt the conditions orl
which it is unid in tho Address of the Convention they
“would bo willing to nr quiesce," form no part of tho
Ordinance. While this Ordinance hears nil tho solein-
nitv of a fundamental law, is lo ho authoiitativo upon all
within tho limits ef South Carolina, nnd is absolute and
unconditional in its terms, thn Address conveys only
ilio sentiments of the Convention, in no binding or
practical form. One in the net of the Slate, tho other
onlv tbo expression oftho opinions of thn mombera ot
the Conv« ntion. To limit the eflect of that solemn act,
by nnv terms or conditions whatever, they should havo
been embodied in it, nnd made of import no less au
thoritative than the act itself. By thopositivccnoct-
ments of the Ordinance, thu execution of the laws of
tho Union is absolutely prohibited, nnd tho Address
offer* no oilier prospect of their being Again restored*
even in thu modified fmin proposed, than wlmt depends
upon the improbable contingency, that srnid changing
event* and increasing cxrjtenicnt, the sentiments of the
present memheis of the Convention and of their suc
cessors wifi remain tho snn’.e.
is !.» he regretted* however, that these conditions,
if they had been offered in the same binding form,
o undefined, depend upon so many contingencies,
nro so directly opposed to the known opinions nnd in
terests «f tho great body of the American people, as to
he almost Icpetoss of attainment. Thn majority of
the Slates nnd of the people will certainly not consent
prelecting duties shall ho wholly abrogated,
never to ho re-enacted nt any future time or in any poa-
sible contingency. A* little practicable is it to provide
that the “same rnto of duly shall ho imposed upon
the protected article* thnt shall he imposed upon tho un
protected;’’ whi* Ii, u oreover, would bosrveiclynpprcr-
nve to the. poor, omlin lime of war, would add great
ly to us tigors. Ami tlionpli there can ho no objection
to the principle, properly understood, that no more re
venue shall he raised than i* necessary for the constitu
tional purposes of the Government—which principle
has been pheiidy recommended by the Executive an
the true basis fti*.taxation—yet it is very certain that
.South rnroiiua alone cannot he permitted to decide
what t hove constitutional purposes ore.
The period w hu h errmtilutea the duo time in which
the ti imi* proposed in the vddrrsa nro to he accepted,
would sum to privenl scarcely less difficulty than the
I tr rins thrius* lv«;-. Though thn revenue laws are nl-
ready declared lo he void in South f'arolirin, an well a?
ihe bond* taken under them, nnd the judicial proceed-
mgs f.rcariymg them into effect, yet, ns the full ar
riving public notice Hint the services of vi.h Icei* will , lion nd op* rii'ioo • f ihe Ordinance nrn to ho misper-
!>c accepted, under the art already r rferrtd to. d»*d until tho tir^t of February, the interval may beait-
Ifthc-iM) meas**re* ennnot he delmtf d nnd overcome, i sumed n * the time within which it is expected that the
by the powers coni# rred by th** Constiiution on the J ines* eoi.’idieatc portion nf Iho national Ingi/dafinn, n
Federal Government, the Constitution must he Conti'. 1 -1 *>*tem of long standing, and a a cting great interest* in
cred o*incompetent In i'a own defence, the suprt mac\ I the r.mnir.unity, i* lo bo rescinded and abolished* If
Mat an end, and tho rights nnd liberties of il is ho required, ii is clear that a compliance i* irripos-
draft*, he recommends that the Governor he authorized
“ lo accept the sorviee* of ten tlimisand volunteers from
the other divisions of ihe State, to he organized nnd ar
ranged in divisions nnd brigades—the officers to be se
lected hv Ihe r**imnnnder-in f'liief, and that this whole
fore** he called the Slate Guard ”
A r< quest ha* been regularly made of Ihe Secretary
of State of South Carolina, for authentic copies of tho
net* which have been passed for tho purpose of enforc
ing the Ordinance, hut up in the date oftho latest ad
vices, that request Imd not been complied with: ami
on the present occasion, therefore, reference can only
be made to those art* a-* published in iho newspapers
ofthe State. The net* to which il i*deemed prope r to
i vile the particular attention of Congress are :
1 “ An act to carry into ellerl in part an Ordinnrce
to nullify certnin net* of Congres of Ihe United Stales,
purporting to he law s laving duties on the importation
of foreign commodities, in Convention «*f this
•State, nt Columbia, on the 21th nf November, 1832.”
This act provides that any good* seized or demined
under pretence of securing the duties, or for the non
payment nf duties, or under any process, order, or de
cree, or other protext contrary to the intent and mean
ing of the Ordinance, may bo recovered by the owner
or consignee by an act of replevin ; that in cosc of re-
fusing to deliver them, or removing them, so thnt tho
replevin cannot be executed, the Sheriff may seize the
personal estate of the offender lo double the amount of
the goods ; and if any attempt shall he made to retake
or seize them, it is the duty ofthe Rheriff’lo re-cnpfnrc
them ; nnd that nnv person *• ho shall disobey the pro-
cess, or remove the goods, nnd any one who sholl at
tempt to re take or seize the go« da under prrlonro *»f
securing the duties, or fur non-payment of duties, nr
under any process orjdrcrcc, contrary to ihe intent of
the Ordinance, shall be lined nnd imprisoned, beside*
being liable for any othcroflenco involved in the net.
It also provides that any r-ersoit Arrested or imp*i*on-
ed, on any judgment or decree, obtained in nnv Fede
ral Court for duties, shall be entitled to the benefit se
cured by Ihe linbens corpus act of the State in case* of
unlawful arrest, nnd may maintain an action for dama
ges ; and thnt if any estate shall he sold under such
judgment or decree, thn sid • shall he held illegal.
It olso provides that nnyjnitor who receives a person
committed on nnv prncosa or other judicial proceedings
to enforce the payment of duties, nnd any one who
birrs his house ns n jail to receive such person, shall ho
liner! nnd imprisoned : And finally, it provides that,
persons paying duties, may recover them hack with in
terest.
The next is called no “ Acl lo provide for the securi-
nnd protection of the people of the State of South-
Carolina.”
This act provides that if the Government ofthe Uni
ted States, or any officer thereof, whnll, hv Iho employ
ment of naval or military force, attempt to coerce the
State of South C-nioImn into submission to the nr's of
Congress declared by the Ordinance pull and w id, dr
resisl the enforcement of tho Ordinance or of the
laws passed in pursuance thereof, or in cn«e of nnv
med or forcible re*»i**tnrieo thereto, tho Governor is
authorised lo resist iho same, nnd lo order into service
the whole or*omuch oftho military f**re« of tho State
as lie may deem nceessnry, nnd that in rase of any
overt net of coercion or intention to commit the same,
manifested bv oniisunl assemblage of naval or mi itnry
Vers in nr near the Slate, or the occurrence of any
•ircuinstnnees indicating that armed force is about to
ho employed age in sit he State, or in resixtnneo to its
the Governor is authorised t«* see* pi the sciviro*
rioirfeers, and call into service such portion*
of tho mililin u* may he required to meet tho emergen
cy.
The net also provides for accepting ihe service of
tho volunteers, nnd oigaur/iog the
all fice white males between tlicnc
for tho purchase of arms, ordtvjuci
It nls'i dei Inres that the power cool
nor phnll he oppfieahl*’to all case?
invasion, or imminent danger th
where lire !nws of ihe Slate si a’l l>
f forcibly resisted hv
di'ia, endearing
of 16 and 50, and
nnd ammunition,
red on the Gnver-
f insurrection, or
’of, and to rasr *
opposi d, and the
r.oirihinatioriM too
powerful to be suppressed by the power Vested in tie*
**hcrifl* nnd other civil officers; and dr Harrs il to he
Iho duly oftho Governor, in every such cose, lo mil
forth such portion* of militia m il volunteer* ns may h.*
riccrs-arv promptly to suppress such combinations,
and mos** tjn- laws rtf the Slate lo he executed,
3d. Is “nn art concerning the oath required by flit
of the laws and authority [ Ordinance, passed in Convmlion ul Columbia, the 2 It it
ii followed up by a series ! of November, 1812.”
Iioritirr i f that K»nle whirh I This act prescribes the form of the onth, wlfieli i*
render inevitable n ris rl | to obey no*! exerut** iho Oidmance nnd a'l iic<h parsed
the l,*’gi'hil'*ro in pursuance thereof; nml direct*
the lime and manner of Inking it by tin* officer* of the
State, < ivd, juriic'.d and miii'ary.
11 i*» believed that other nets Imvn been passed cm-
h r nci.ig provisions lor ctifncing the Ordinance, hill I
have in,I yet been able lo piocure them.
I transmit, however, a copy of Gov. I lamiltor.'s Mi c-
sage to the l.cgi-hiiiire ef Smith Cnrohnn— ot Governor
Mayor's Inaugural Address to the Legislature, n!**o
of his I’roehiriitfiion, and a general order of tin; Govern
or nnd Commantler-in-tddef, dated 20th I>rrondo
cd nor denied. This crisis present* n cl a -s of dulies
which i* refernblo to yoiirveives. Yon have been com
rim rifled by the pec pic, in their highest Sovereignty, to
ink** cnre that within the limits of this Slate iheir w ill
shall he obeyed,” “ The measure oflcgislaium, a hii.h
ymi have lo’employ nt ihin'ciisis, i*the precise amount
of such enactment* o* may he necessary to render il
uttc*ly inqms’hble to collect within our limits tho du
ties imposed bv the protective tariff* thus nullified!”
lie proceeds—“ That you should orn» every citizen with
a civil proces". by which lie may rl.iini, if he ph ase®, a
restitution of his goods, seized under the existing im
posts, on Ijij giving security to abide the issue of a suit
at law, and at the same time define what Htall ronati-
tide treason against the State, arid hy a bill rd pains
lyon any foreign merchandize, and, virtually, every
cii.-umg net which l.a* ever been pa-setI authorising
the collection ofthe revenue, ir.riitdirg the cot ol'fHlK.
and also the collection luv of 1793, ihe constitutionality
of which has never been qiteafinnerl.
It is not only llmse dmir h which arc charged to have
been imposed fi»r the proteeiinnof tinntlfa-tores ihnt
are iherrhy repealed, hut all others, though laid for
the purpose of revenue merely, and upon art ir |<;» in no
degree au*|iectci) r»f being objects of protec tion. Tho
whole revenue nyatcrri of the United S'nie* in South
Cnrtdina is ob«tmeted and r«verthrown ; end lf»e gov
ernment is at'«olntely prrdniiiterl from collecting any
pari of the public revenue within flic limitJ of that
State. Henceforth not only ihr riiizen* nfSrntli Far
id-
In the uncertainty, thru, w heh exists os to the dura
tion ofTheordinonrc and of the enactments for enfor
cing d, it become* imperiously the duty of the Exec
utive of the United Slates, acting with n proj*er regard
to all Ihe great interests committed to his care, to treat
those acts a* absolute and unlimited. They are so, a*
far ns hi* agency i* concerned. lie cannot either em
brace or lend to the performance of the conditions. Ho
has already discharged the only part in his power,
hy the recommendations in hi* animal message. Tho
Kit is with Congress and the people. And, until they
h.-.ve acted, Ini duty will r* quire him to look to the ex-
i-img flats of things und ucl under them according to
hi* liigli obligation*.
By these yortoii* proceedings, the re Hire, thn Stale of
South Carolina ha* forced the General Government,
unavoidably, to decide the new and dangerous afterna •
live of permitting* State to obstruct the execution ot’
the laws within ita limits, or seeing it attompt to ox*-
cute a threat of withdrawing from the Union.—