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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 hiier amount will bo rigidly exacted of all who fail to Meet their payment, in advance. No subscription received for less Ilian one year, nil- la.s llic money is paid in advance; and no paper will kediscontinued until all arroarnpes are paid, except at II,e option oftho publisher. A failure on the part of, subscribers to notify u i of their inlciilion of relinquish- ™ „| accompanied with the amount due, will bo con- ridered as equivalent to a new engagement, and pa- ‘“AnwYMSBMBKTVwillba inserted at tlieusiinl rates. 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.—