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THE COURIER*
BY J. G. M r WHORTEH.
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Mr. Wilkinb, from rhe Committee on the Ju
diciary, tp whom was referred the Message of
’the President of the United States the 16th
Jnst. relative to the proceedings of South-Caroli
na/reported the following Bill, wHiib was lead
and ordered to be printed :
A BILL
Further to provide for the Collection of Duties
on Imports.
Sec. 1 Be it enacted by the Senate and House
of Representative* of the United States of Ameri
ca in Congress asseMled, That whenever, by
reason of unlawful obstruction, rombiualions,
or assemblages of persons ; or unlawful threats
and menaces against officers of the United
States, it shall become impracticable, in the
judgment of the President, to execute the reven
ue laws, hnd collect the duties of} impart* in the
ordinary way, in any collection district, it bhal!
and may be lawful for the Pre»id«nt to direct
\hat the ustom house Tor such district, be es
tablished and kept in any sechre place within
some port or harbor of such district, either upon
land or on board any vessel; and in that case it
shall be the duty of the Collector to. reside at
such place, and there to detain all vessels and
cargoes arriving within the said district, nntf!
the duties imposed on said cargoes by law^ be
paid, deducting interest according to existing
laws; and in such cases it shall be unlawful to
take the vessels or cargo from the custody of the
proper officer of the customs,. unless by process
from some court of the United Stales'; hod in
case of any attempt otherwise to take such ves
sel or cargo, by any force, or combination, or
assemblage of persons, too great to be overcome
J>ytheofficereofthecustoms,it shall and may
fee lawful for the President of the United States,
or such person or persons its he shall have em
powered for that purpose, to employ such part
of the land or naval forces, or militia of the U-
Sited States, as may be deemed accessary for
ie purpose of preventing the removal of such
vessel or cargo and protecting the officers of the
customs in retaining the custody thereof, and al
so for the purpose of srevefttitig and suppress
ing any armed or riotous assemblage of persons
resisting the custom house officers in the exer
cise of their duties, or in any manner opposing
the execution of the revenue laws of the United
States, or otherwise violating or assisting and
abetting violations of the same.
Sec. ft. Be it further enae'ed, That
the jurisdiction of the Circuit Courts of
the United Slatesshali extend to nil cases,
in law or equity, arising under the reven
ue laws of the U. States, for which other
provisions are not already made by law.
And if any person shall receive any inju
ry to his person or property, for of bn
account of any aci by him done,under any
law of the United States, fdr tlie protec
tion bf the revenue; of the collection of
duties on imports, he snail be entitled to
MamtaiH suit fur damage therefor, in the
Circuit Court of the United States in the
district wherein the party doing the inju»
ry may reside, er ahalj be found. Aad
all property taken or detained by any of
ficer or other person under authority ol
Any law of the JJnited States, shall be ir
repleviable, and Shall be deemed to be
In the custody of the law, and subject on
ly to the ordefs And decrees of the courts
of the United States, basing Jurisdiction
thereof. Aod if any person shall dispos
sess o t rbSCue, of attempt to dispossess
or rescue, any property so talced or de
famed as aforesaid,* «>t shall aid or assisi
therein, such person shall be deemed guil
ty of ti misdemeanor, and shall be liable
f. such punishment do is provided by the
J?2d Section of the act for the punishment
of certain Cirides against the United States
approved the 30th day of April, An
no tXomifti 1790', for the wilful obstruc
tion and resistance of officers in the ser*
vice of process.
Sec. S. Be it further enacted, That in
titty caste where suit or prosecution shall
be commenced in a eotfrf of any State
against any officer of the United States,
Ot other persotf, for or on account of any
act done under the laws of the United
States, er undtr color thereof, or for or
on ecceuat of toy right, authority or titlo,
set u’p er claimed by such officer or othei
person under any law of the U. States, it
shall be lawful for rhe defendant in such
Suit or prosecution, at any lime before
trial,*'iiyw’iii a petition to said court skit rug,
forth tlie nature of said suit, or prosecu
tion, and verifying the said petition by
affidavit, which said 1 petition and affidavit
shall be presented to said court, or to the
Clerk thereof, or left at the office of the
said clerk, to remove thesaid suit, or pro
secution, to the circuit Court of the Uni
ted States then next to be holden in the
district where the said suit, or prosecution
is commenced; and that thereupon, it
shall be the duty of the said State court
to stay all further proceedings therein ;
and the said suit or prosecution, upon pre
sentment of said petition, ur affidavit, or
leaving the same as aforesaid, shall be
deemed and taken to be removed into the
said circuit court, and any further pro
ceedings, trial," or judgment therein, in
the said Stale court, shall be wholly null
and void, and on ptoof being made to
the said circuit court es the presentment
df said petition and aflidavit, or of the
leaving of the same as aforesaid, the said
circuit court shall have authority to en
tertain jurifldrction of said suit, or prose
cution, and' to proceed therein, and to
hear, try and determine the same, in like
tfianner-as if the same had b&fen originally
and instituted in" such qtyciiit
Bsart. And alt attachments made, ancf all bail or
■flier security given upon such suit or ptoieca
■•n, shall *>e and continue in like and es
■ ct a * '* ,ht! Mme suit or prosestttion had pro
■wded to final judgement and execution In the
teCourt. And if, upon the removal of any
such suit or prosecution, it shplj be made to ap-1
pear to the said circuit court that no copy of the
record and proceedings therein, in the State
Court, can be obtained, it shall be lawful for the
said Circuit Court to allow and require the plain
tiff to proceed de novo, and to file a declaration
of his cause of action, and the parlies may there
upon proceed as in actions originally .brought in
said Circuit Court; and on failure of so proceed
ing, judgment of nonpros may be render** '
gainst the plaintiff with costs fyrthe datendanL
Sec. 4. Be it further enacted, lhat •*' W
Ctse in which any parly is, or may e, y »
entitled to copies of the record
in any suit or prosecution in “ n y „ ’
to be used in any court of the Untied Stales, to
the clerk of said Stare court shall, upon demand,
and the payment or tender of the legal tees, re
fnse or neglect to deliver to such party, certified
copies of such record aud,proceedings, thecourt
of the United Stntes in which sucti record or
proceedings may be needed, on proof by affida
vit lhat the clerk of such State Court has refused
or negtec ted to deliver copies thereof,on demand,
as aforesaid, may direct and allow such record
to be supplied by affidavit, or otherwise, as the
circumstances of the case .may require and al
low ; 4VTd' fhercpipqn. such proceeding, trial, aud
'judgment may he had in the said court of the
United States, and all such’.processes awarded,
as if certified copies ofsucfi'records and-proceed
ihg« had been regularly before tlie said court.
See. 5. Be it further enacted , That
whenever the Piesidenl of the United
States shall be officially informed by the
authorities of any Siate, or by tbe Cir
cuit land one ot the Dis rict Judges of the
Uoiidd Stales’io iHe State, that within
the '{'units of such State, any law or laws
ofthe United States, or the execution
thereof, or‘bfimy‘process ffoHt the court*
of the Uoifed States, will in any event,
be obstructed by die employment of the
military force, or by any other unlawful
means too great to be overcome by the
ordinary course of-judicial proceeding, or,
by the powers Vested in the marshal by
existing laws, it shall be lawful for him,
the proaident of tjia Übitod States, forth
with to isstie'hit Proclamation, declaring
such fact or information, aod requiring
all such military or other force forthwith
to disperse, and if, at any time alter is
suing of suVh proclamation', any xticb Hp
position or obstVtfciion shall be made in
ijie manner ojrfyy itiß means aforsaid, the
President shall be and hereby is author
ized, promptly to employ such means te
resist and suppress the same, and te cause
the said law or process to be duly execu
ted, as are authorized and provided in the
cases therein mentioned, by the act »>f
the 28th of Feb. 1795, entitled “An act
to provide for balling forth the militia to
execute the laws of the Uoio'A, suppress
insurrections, repel invasions, and to re*
peal tlie act now in force for that pur
pose.”—And', also; by the act of 3d of
Match, 1807, eutiiled “Aa act authori
zing the employment of the land and na
val forces of the Uuited States iu cases of
insurrection.” „ . . r
Sec. 6. Be it further enacted, That in
any State where the jail* are wot allowed
to be used for the imprisouihhht oT persons
anested or committed under the laws of
the United Stated, or wliaro houses ate
nut allotted to be so used, it shall nod
may be lawful for any marshal, under the
direction of the judge of the United States
Tdr the proper district, to use other con
venient places, and to make such tidier
.provision as he muy deem expedient and
necessary for that pu:pose.
Sec. 7. Be it further enacted. That
either of ihe justices of the Supteme Court
or a judge of ant District Court of the
United States, in addUen to the authority
already conferred by law, shall have pow
er to grant writs of habeas col-pus in all
cases of a prisoner or prisoner!, in jailor
confinement, where he or they shall be
committed or confined on or by any au
thority or law for any act done, or omitted
to be done, in pursuance of a law of the
United States, or any order, process, or
decree, of tiny judge or court thereof, any
thing in any act of Congress to the con
trary noiwithihafidihg. J
And if any person or persons to whom
such wiit of Habeas corpus may be direct
ed, shall refuse to ob'ey the same, or shall
negfeef or refuse to make return, or shall
make a false return thereto; jn addition
to the remedies already given by law, he
or they shall be deemed and taken to be
guilty of a misdemeanor, and shall, on
conviction before any court of compe
tent jurisdictioa, be punished by fine not
exceeding dollars/ aud by imprison
ment not exceeding or by ei
ther, acColrfing to the nature and aggra
vation of the case.
£rorri the CharUston Courier.
THE LAST MOVE OF NULLIFICATION.
ThqCjrcus Resolutions mean more than meet the eye—
.Vuuification Postponed— yet the Ordinance offeree. It is
a ruse. The true secret ia this: The Isi of February win
come too soon The awful truth uow breaks upon their
loaders, that if the conflict is upon Nullification, (hey are
inevitably crushed. The unlooked for apathy of the Sou
thern States—their deep anifsettled detestation of Nullifi
catioo—the settlement of tho Georgia Controversy— have
rendered it necessary to abandon Nullification—ami their
only hope is now Disunion. The Governor’s Suga goes in
to the Custom Houso Stsgfife and stays there too, as he
must give a bond and with security, and at the same time,
with a reservation of design not topay it. This will be no
chivalry lie speaks of being “in the ditches’V-itishis delu
sioti again—lie is in the bog—hnd there he mast stick, unless
Virginia kindly pulls him out, or Congress gives him an op
portunity. .dgain the Army is not yet ready—t/nclo Sam
has been too quiek for him. The Eighteen Pounders are
not mounted—the Volunteers have not mustered— not a
Platform laid—not a Magazine filled—the very ammunition
Is not ye come—but worst of all, the Militarq Chest is
empty, or rather fi led with Rag*. The specie to spa e
must, OcrueJ necessity, be se toss to the Yankees, to buy
Eighteen Founder* and Musk ts— all American Manufac
tures. The sinking fund is iu'iheNotes of Borrowers, who
the first gun thut is fired, let their Notes go out, get aferced’
Clredit of a twelvemonth, and then let the Bank find their
moveabtes;jand who will buy land for Nullifiers to fight on,
and where will the purchasers get the mono/? In the mean
time who .s to clothe and feed the Volunteers? England
must be paid for cloths; end whan the (lorn imported is cut
n-mS '* tnei s learning the manual under a Nullifica
nm^ui r t l ii..?, r F eaDt ’ whoi * to P ,ou « h? Th « yeomanry will
‘.ft" S ru, »‘o spill blood, to make CALHOUN Pre
law sU months HunJr6d Thousand Dollars would not
winds. In a word. Nullification is *^ th ®
know it—they find tt prndont to stop and
chance <f escape. The r desperate bona is tha* n* fc °* t
WtlPorait to pass the impending Bill, and
•ideal tu execute the laws. Then they will
if other states will helptthem in that. If not so niiss“ tr 7
they will curse add quit. , *° * wdß *l»tr
As to war alone, they cannot keep the field k
in one month, their army, without receiving •
shot, wouM melt nvrty. L'«t them try and see
if their Volunteers can be kept in' any fields but
their own, after planting time.' lire man who
bolda the key of the toidimrU Convention, says,
»n five minutes after Congress treats Nullificn
tinn as they have done other similar movements,
the Convention is called to recede. But in five
m, .r e, “ r,er . t , h * t ’ **** S*** 1 Spangled Banner
will be heisted In every District, and all parties
wiU mIV arOond it, end tell tha{ Convention,
the People did not authorize you to se^de
jf military possession is taken ol Charleston
and lines thrown across the Neck, and armed
Cutters secure the Rive.r, with the oepan open,
the Nullifieis will have as much as they can do
io observe the Union men at home. These moun
tain tot rents talked of at the Circus, run in turn
channels. But let all the Nullifiets assemble en
masse —Charleston in possession of the United
States—they could not keep the 6eld—hundreds
of thousands of hnshelg of Coin are necessarily
imported now—who is to supply an army in the
interior without sptcie to li-iy. The moment tlie
Convention dissolves the Union, the Bank ofthe
State Ceases—it& Notes wilt not be worth a cent
in. the dollar. Aud as to a disunited State bor
rowing it, it is out of the question—-But confis--
cation will do no better.
—You cannot eat negroes, and if confiscated and
sent, out of the, State to sell, thev will be seized
by their legal ( pwiu-rs. In fact, unless men and
money can be had from other States, the va
pouring of disunion is alt idle., J'he'postpone
ment is to give a chance to proclaim disunion,
hoping to find favor with the .other States- . If
that fails, the whole enterprise will be any thing
but “a splendid failure-” SPECTATOR.
TRICOLORE.
Whenever a great*priiicipl,e or interest,
gooU er bad, brings large bodies of nieo
into direct apposition, it is tlie cortinroti
and natural course of ill ngs fur s»me dis
tinguishing cry or badge to be adopted by
ail those who espouse the same side; and
the more active ahd absorbing the oppo
sition is, the more significant becomes the
sign. There is not time to give or receive
long explanations : the questions will be,
Are veu whig or lory 1 patriot or royalisi?
a friend of the government or of revolu
tion? Do you fight for the ted or white
rose? Do you wear the white riband on
your sleeve? &jc. These are the signs or
watchwords in times of great exci.einent.
Such a sign is the Fiench tricolore (w hite,
red and blue.) It is the emblem of all
who adhete to the principles of the new
order of things in France*, of ill, whether
monarchists or republicans, Bonapartists
or Orleanisis, who maintain the principle
of equality, under whatever modifications,
the white banner is the sign of the an
cient aristocracy, the Bourbons, and rep
resents the old order.yf tilings, under all
Tfte tricolore was adopt
ed, originally, by accident, but has be
come a historical sign; and even if the ci
der line »>f the Bourbons could regain any
permanent 'power iryFi'ance', it coy.ld only
be by adopting the tricolore\ i. e. by yiel
ding to the spirit ,of modern France, by
becoming national. %i BourriendeS Life of
Napoleon contains some interesting facts
respecting this badge. The comte d'Ar
to is wore it Vn.ißl4. Fouche, in 1814.
advised Louis XVIII to adopt it; but an
intrigue prevented his so doing. “Why,”
said the king, when Fouche urged this
measure, “ should 1 change my. badge for
another?” “ A fin qiie personiie autre que
V. M. nepuisse It fyrtjiiar'e,” answered the
duke of Otranto. The first thing the
duke of Orleans did, when he hastened to
Paris, in life revolution of 1830, was to
put on the tricolore. He gave a pledge
by so doing, which was understood by all,
And section 67 was immediately added to
the constitution, woich runs 'bus: France
resumes her colors: for the future , there
will teno other cockade than ilio tricolor
ed cockade. This shows, that the tricol
ore is considered the emblem of France,
in opposition to the white- the color of a
family, the Bou-bons, and, of course, all
ilie interests attached to, and representor!
by, that family. Tlie ( ricolore , according
to the best accounts of the 'ime when it
was adapted, owes .its rauk, as a national
color, to change. Id a moment of enthu
siasm, the patriots had ornamented them
selves with green leaves; and this color »f
hope was about tobe retained as ;he badge
of their party, when it was rec.-'llep/ed
that it was the color of the cowte d'Artois,
the mo9t unpopular prince of the wh.de
royal familv. But distinguishing sign
was wanted; therefor* the colors of, the
city of Paris, blue and red, were taken,
and planted every wliero by tfie citizens.
In the mean time, the national guard had
be*n organized: it Was not hostile to the
king; and many military men having been,
besides, incorporated with them, the white
color of the BoUrbyps was added to the
colors of Paris, and thus arose the famous
white, red ami bl e ensign, which accom
panied the French armies to Egypt, Spain
and Russia. It may not be irrelevant to
remark, that, the colors composing the tti
ctilore have been successively those of the
French standard for many centuries. The
most anciem national standard of France
is wfiat is. how called chape dt Saint-
Mar tin J though probably it did .not refer
to the garment of the saint, but to the
-laadiira of bis abbey, Si. Martin of
Tnurs was one of the first apostles of Gaujj
and the religious banners ol sain s w ere,
at airily periods, assumed by the warriors,'
who commended themselves to their pro
tection. This banner was blue,'and be
came tiiat of France. Probably about the
beginning of the ** third race” of kings,
when ihe sovereigns lesided perntaneui
ly at Parish St. Denis ihe saint of Paris,,
became more important,’and his banner
was adopted as the common standard of
the country. It was the famous orijiamme ,
the color was red. During the crusades,
the cress took the place of ihe flat;; end
we most often look for its color to find
the national color of jhat period. The
French cross was red, and the English
white; and it is difficult to ascertain ex
actly the period when the interchange of
colors between those two nations occur
red. It is generally placed tinder Chas.
VII; but we find the white cross even un*
der Charles VI. The change probably
happened under Philip of Valqis. At
this period' ihe English kings began to
claim Ihe sovereignty of France, and na
turally adopted also ihe color of France:
thoy were, moreover, of the house of Lan
easier,whose cognizance was ihe red rose.
When the Eiiglish were in possession of
Paris, it was impossible for France t« re
tain the red oriftamtht as a distinguishing
*'gn. Charles VII, moreover, wished to
Pj?®*; Prance under the protection of the
Virgin, whose emblem is often the while
hly. Hence France adapted the white
color: and ihe standard of that time was
knoftn under the name of corntUe blah.
che. Oilier changes were made afier* |
wards. The Ling of Navarre and the |
Calvinistic parly wore white scarfr; and
$e king himself wore ihe color after he
become Henry IV. But it seems from
time immemorial, a tricolored flag was
the national banner, as contradistinguish
ed from that of i-he monarchy. When
ihe Doich asked Henry IV to give them
ihe colors of France, he gave them the
iricolored standard, which has ever since
remained the Dutch flag, ap well as that
of the kingdom of ihe Netherlands. It
is, likfe the French, red, blue arid white,
only the colors are in a diffeient order
from those «f France. The livery iff
Louis XIV was tricwlored, blue, with
with white and red galnon lace. Th,e
vain Louis obliged his grandchild to take
this livery with him to Spain, where it has
decetided to this day. The same was
continued by the French descendants of
Louis till ihe flight of Charles X Lou
is also gave a tri.yolored hyery to Philip
of .Orleans, red, with white and blue ga
loon lace.- li is now ihe liveiy ot iho
servants of Louis Philippe. In .he eigh
teenth century, when Spain, France and
Bavaria concluded an alliance, a cockade
was invented, to be worn by i.be armies
<*f all three, in which the red of Spain,
the white of France, arid’the Blue oi Ba
varia, were united. As.eaily as 1458,
the colors of Paris wete blue and red.—
Like many other tilings produced by the
Fiench revolution, the fashion of a na
tional cockade was adopted by other na
tion,*!; the Prussian is white and black;
the Dutch orange, from the House o f O
range; the Russian black and orange; the
royal Saxon is green and white; and, by
the natural influence of great examples,
wo find tba't the liberals of all countries ,
on the continent haveadopted a iricolored
banner and cockade—the Germans,, Ital
ians, Poles, Belgians, foe. The Ger
mans have chosen the three colors of the
aucient empire—-black, red and gold.
From the Southern Banner.
„ 'SECESSION.,
Whether a State has or has. apt a con
stitutional right to withdraw, at her pica
suie, from a governmqpt of which she is
a component part, we will not now under
take 10 discuss: be this as it may, (here
is one view oi the subject, of the correct
ness of which, we are perfectly satisfied;
and we,will vfoy candidly lay it before
our readers. If the people of South, Qy
rolina are prepared 10 follow tfieir lead
ers out of the Uniuu —if they will tamely
submit, and allow themselves to be led
blindly by them into n state of vassallage
to great Great Britain, n thousand tjmqs
worse than that which they experienced
before the glorious era of ’76—-.if they are
indued prepared for either of these alter
i natives—to sink down into a weak; and
pitiful state, or .to .rush into the Rnya!
arms of that old dotard—King William
of England—then we would say, in the
naiiie of every thing sacred—LET
THEM GO. We would desite no such
degenerate sons of worthy sires to remain
in our glorious republic to corrupt and
cpuiaminate by their example, those who
still feel as patriots should feel, and who
still glory in the honor; prosperity and
happiness of this great country. We
would say to to them go rn.peace. Form
of h a Beacon, by which the other States
may hereafter avoid the same degrada
tion, and steer (heir onward course, in
safety anti,,honor, To the high and mighty
destiny that awaits them.
If is evident iha>, under any circum
stances, if South Carolina secedes alone,
this gh-omy fate must ultimately gather
ar«und, arid copsumrtate her desperate
desperate fortunes! She must either sink
down into insignificaiit'indcpeodence, al
ternately the prey and the pity of other
powers or into a t late of worse than colo
nial vassalago to some foreign sespot.
Can anv one doubt this who has jlevuted
a morriPDf of calm, deliberate, and unbi
assed reduction to the subject! S, Caro
linn is an agricultural State, and wilhonl
commercial resources of her. own. ,yVhat
then, we would ask, would her*Mg(icultu
ral resources, however piospqrous, avail
her? VVithcut commerce of her,,own,.ot
a Navy to protect that commerce, 1 if she
had it, the first dilemma awaits ,her, as
certain as fate itself, as a lesser evil, she
calls in the aid of a foreign poivfer to pro
tect her, and to wield the destinies of her
commercial relations, then as certainly
follows the latter.
We would, therefore, if we were coun
sellors of ihe President, advise him le g<v
no farther than imperious duty rrq”ired
him to go. We wonld say u» him, so
long as Carolina claims to belong (o tlie
Govei ament, “see that the laws within
her limits, are executed.” But whene
ver sh«s v by her constituted authorities,
declares' herself independent of the Go
vernmem, then meditate ns longer coer
cive measures, but submit the whole mat
ter to Congress, and let that body acknow
ledge ,at once, her independence; and
treat her from thenceforward as she does
the rest of ihe w»tld “Enemies in war—-
in peace friends!” Like the prodigal son
lei her go forth from the paternal roof; let
her indulge fer a season her visionary
.scheme of separate independence, or en
joy the intoxicating but degrading pleas
ure of a connexion with foreign despots,
■nd rest assured, after haviug spent, in
“wine and wassail,” her rich inheritance,
she will return penitent and sorrowful to
the protection and enjoyment of her first
love. Then, and net till then, will the
arms of the Government be expended to
receive her back again: the fatted cajf will
be killed, and her wanderings will prove
forever an example to her sisters, and
keep them straight iu the path of reason
and duty.
A destructive tornado passed through a
part ot this county on’ Wednesday last.—
Its ravages in some places were very great.
We have heard but little as to the partic
ulars of the lose sustained try our citizens
who were the sufferers. It pas ed over
the plantation-' of Dr. Samuel C.'Oliver
■\ • • >- -t.f
[ about ten miles distant from this place,
i and.levelled eyqry building to the ground*
We understand*that with the Gin-Hoese,
(which wait situated some distance frotn
the other buildings,) not a house is loft
standing! »,
Dr. Oliver had just built anew dwel
ling-house. His family, we understand,
was in the house at the time it was blown
down—bpt the kind interposition, of the
hand .of .Providence preserved.them al
most unitqurpd amidst the wreck which
surrounded thetp.on all sides. Some of
Dr. O.’s negroes were injured.
We upderstand that Mr. Birch, on the
Line 'Creek. Road, we
are not informed to what extent.
Montgomery Ala. Journal , 26 th tnst.
Nullification in Ugonroe. —Wejbave re
ceived. a letter /from a gemlemdn of the
first respectability at Claiborne informing
u« thwt a., little kjuot of nuilifiers, ndt ex
ceeding tWenty in dumber, coqtenisd at
the academy in Monroe .county oti the
12 h instant, and perpetrated • preamble
and sundry resolutions, .demolishing the
President, annihilating. Mobile,...and ef
fectually settling the question in behalf of
South Carolina* The meeting went off
with a crack, and we are told, a strong
sulphurous odoui pervaded the assembly,
indicating the presence of an invisible
ally of no questionable ability. Affairs
are certainly getting desperate. ,
Mobile Register.
LAW OF GEORGIA
AN ACT to provide for the call of a
Convention to reduce the number of
the General Assembly of the Slate
of Georgia, and for other purposes
therein named.
fie it enacted .by the Senate and House
of Representatives of the State of Geor
gia \. in General Assembly met , and it is
hereby enacted by the authority of the
same , 1 hat the fiisi Monday in April.
1833, be, and the same is hereby desig
nated and set apart as the day on which
the of Georgia qualified to vote
for menders ot die Legislature, shall at
the several placet prescribed by law for
holding soch elections vote for delegates
to Represent thqin in Convention, in num
ber equal to their representation in both
branches ofthe General Assembly; such
elections to be conducted, managed and
certified under ,the same law as , are of
fore® in respect to elections of members
of the General Assembly. /
Spc. 2. And be it.fiat her enacted , That
it be ifie duty ot such managers to
transmit to his excellency the Gevernor
the result.of said elections under the laws
now of force for conducing managing a.nd
eei tifyiog elections of membersof General
Assembly as aforesaid, within 30 day* af
ter such elec'ions—Whereupon it is made
the d«{y. of His .Excellency the Govern
or to.issue his,proclamation declaring the
respjt of said elections by ‘ naming the
individuals severally elected to represent
the, good people of Georgia in Convention
as contemplated.by this act. f i ,
.Sec. 3, And be.it further enacted, That
every citizen of die United Slates shall be
eligible to a, seat in said Conversion who
has attained the age of twenty five years,
and been an inhabitant of this S a-e seven
year* (mqiediately preceding, the day of
His election and who shall have resided
one year in the county far which he shall
be elected.)
, Sec. 4, And be it further enacted, Th*t
each member returned as duly elected,
shall previous to taking his seat in said
Convention take the followipg oath,, qr
aflirinnijon, viz: I, A. B. do selmuly
swear, that I will not attempt to add to,
or take ff<>m the constittjtlioo oi; attempt
(P change or alter apy other section,clause
or article of the constitution of the State
1 of Georgia, other than those touching the
representation in the General Assembly
thereof; and that I have .been p citizen
•if this state for the last seven years, so
ht-lpjne God. And any person elected
to p seat in,said, Convention, .who shall
»,t‘fnse to take the oath aforesaid,shall not
ibe allowed to take his seat in said Con
tention. , ,
! • Se c. 5, And be it further enacted, T)iat
the meipbers of said Convention shall
assemble oft the first Monday in May af
ter their election, at Milledgeville, in
the Representative Chamber of the Stale
House, fur tbe purpose of entering upon
and consummating the great objects of
their convention, to-wit: a reduction and
equalization of (he General Assembly;
shall have power to prescribe their own
roles and forms of business, and to deter
mine on the qualifications of their own
members; elect necessary officers, and
make all orders which they may deem
conductive I® the furtherance of the ob.
ject for which such Cuuveution shall as
semble. .. .
See 6, And be it further enacted t T hot
it shall be the duty of His Excellency the
Gevernoi to give publicity to the altera
tions and amendments made in the Con
stitution in reference.to the direction [re*
dnciion] of the number of the members
composing the General Assembly, and
ihe first Monday in October next, after
the rising es the Convention, he shall
fix for the ratification, of such new arti
cles as they may make for the object of
reduction and equalization of the Gener*
al Assembly only: and if ratified by a ma
jority of the voters who vote on the ques
tion of “Ratification” «r“ No Ratification
then and in that event, the alterations
so bv them made and ratified, shall be
finding on (he people of this State and
not otherwise. :
Sec. 7 And be it further enacted , That
it shall be a fundamental aiticle in the
formation er amendment of the Consti
tution, that each county of the Stale now
organised or laid ont, oi which may her-,
after be created by law, shall be entitled
to, at least one representative in the rep
resentative branch of the General Assem
bly. . if
Sec. 8, And be if further enacted,
«o soon as this act shall have become a
* ‘ VI- - , X , '*
law, His Excellency tb® Govsroor,be, fa
he is hereby required to cause it to be
published iu the Gazettes of this State,
once a week until the day fixed on by
this act for. ihe ; election of -delegates to
ssid Convention; and that all !aw s anti
parts, of laws militating against this act,
be, the same are hereby repealed. •
ASBURY HULL*.
Speaker in the House of Representatives.
THOMAS STOCKS,
President of ;he Senate.
Assented to, Dec. 24, 1(132. .t
WILSON LUMPKIN, Governor.
AUGUSTA.
WEDNESDAY, JAN.3O, 1833
O’ Onr readers will find the Mail Arrange
ment; corrected lo day, according to recent
changes.
I. -|- -
.> The Charleston Mercmy says, if the Bill,
which •• publish to day, passes Congress, &.
Carolina will Secede.
O’ We propose in future to announce the reg
ular arrival of Ihe mails—der-raing that will give
us the least trouble* So anxious was otir repor
ter this morning, to gain something from the
North, tlmt he. placed on our Bulletin, “No
mail last night, North of GrcenPilte, S. C.” He
had received the Greenville Mountaineer.
ICFiNo Mail again last night. We arc in a
state of glorious unceitninty, what folks, are do*
ingNoith of us. The Journal of Comirierce if
ia a prodigious hurry to jet news from the South,
having established an Express from Washington
City to,New-Vink, for that purpose. We wish
i( manifested an equally laudable z-as in trans
mitting the intelligence, in the opposite direction.
We must establish an Express too—it will be af.
express injunction on Mr. Barry, Post Master
General of these United States, to look into this
matter.
We select the aiticle, Tricolor*:, to-day, as n
specimen qf the l£th volume,-of that excellent
Wotk, the Encyclopaedia Americana. It may be
useful in suggesting someth to our friends o
ver the riyer, improving their cockades and ex
plaining their banners.
Th* North Carolina p ipers state that the Bit;
o extend lh«* jurisdiction and laws of tho State
oyer the Indian territory within her limits, was
rejected on its second reading in the House of
Commons, by a vote of 82 to 21.
*
Friday next is the fatal first of February.—on
which the Soutli-Carolina Ordinance and Nulli
fying Laws commence .theif operation. The co
iticidence is so rrinnrkahlc we. cannot help noti
cing the augury : It is Hangman’s day.
The. Chronicle's Correspondent this morning
recommends the Eagle Sf Phoenix Hotel, been use
he says it»cnniliiclnr is a decided Nullijier. This
is a. new qnaltfirati'*D for a> T;»verh.Keeper.—
Whether Mr •Gos.vahd is entitled to, or insists
upon this addition to liis tiHei, we cannot sav •
hut hope, boi!i he and, his Establishment mily
lay in belles claims t > public patronage.
1 he. Di Is , fittihihe Judiciary Committee in
Congress will probably suspend (he Tai iff ills,
cussioa m luilli Houses. Th«t of the Semite bus
reporteil a “ bill further to provide for tlie col
lection ofdutbs on imports,” which we copy to
day. The Nullifiers .are endeavoring to make
the same false impression on (his subject, ri on
the cause of tlieii levying troops, noticed in our
last. Our leaders well In ow, that the debate,
on the Tariff was going quietly o.i, without pns
•io.i, and with a fair prospect of a speedy termi
nation— at.least, pdltT the greatest probability,
that, the hills would be passed tiiis session. Gen.
Jackson, to maintain that attention to rtic pub,
jeet which its importance requited, refrained
from throwing before the two Houses the inflam
matory materials, which |>«d been sent him, and.
was prudently waiting the definitive action ©film
National Legislature on,, this eqgteasing point,
before any aew and extraneous‘Subject should,
be thrdst on its consideration. Instead of this
reasonable and honorable motive for the delay
in laying before Congress what it was Ins duty
to do at a proper tiiftc, these r«cklq|s falsifiers
‘Of every thing that is good, nssort. it wss toa*.
coiiaio u/iat effect his P ror.lamiUon xaouli have
oti South-Carolina l And finding that said Proc
lamation did not .frighten ftietp all into, the sea,
he fiitfily concluded, it would lie best to ask
Congress for. power to enable him to drive them
there ! Pitiful misrepresentation ! Every body
knows, that (lie late Message was ready, when
Kfr. Calhoun called for it and had been waiting
for the proper time of delivery. If Congress -
fads, this session, to do what the South, in rea
sonable anticipation, is expecting to beapproxi-.
mated, it will be owing to the untimely suspen
sion of the Tariff discussion, produced by the
precipitate call of Mr. Calhoun for his Nullify
ing Ordinance and the papers relating thereto.
These men do actually fear the settlement of the
distracting topics, on which their consequence is
based. They dread the justice they pretend to
demand Their conduct reminds us of a crimi
nal, whom the Judge, in the goodness of his na
ture, attempted to comfoit and susiain, by as>
suring him. that justice should lm done him.—
u Oh ! May it please your Honor, that is what I
am afraid of ”
TheNußilSers all lose sight of the present Constitution
of their country and run back fer authority to the embecile
government of the old confederation to whichf th'ey<wish to
reduce it. They strangely forget, that the pressnf Consti
tution was formed expressly to supersede the old articles of
confederation, and remedy tho very defects-whicb they now -
i«eek to re-iugraft upon it. Among these, tbe right for
which they contend that the several States are individually
sovereign—or iu other words, interpreting their meaning/
from thei r acts, that each State has the sovereifu •right of
doing, as she pleases. One of the ways they attempt to
prove the non-existence of certain powers, retained end ox- -
ercised by. the General Government from Its foundation, con
sists in shewing from the proceeding* of the Convention
which formed the Constitution, that such and tucj> powers,
were proposed to be given and negatived. Among these it ia
alleged, it was proposed to gi*e the power of cresting cor
poraiions, of protecting domestic manufactures, of co-er
•cing aState,whose citizen* disobeyed the laws. Re. Granted,
that these several propositions ware made and rejected.—
What does that prove? Certainly not, that they were not to
be considered among the powers of tbe Constitution. Those
who framed the outlines of our Government did not mlend .
to enact a code of laws, but defining tbe genera) boundaries
of power, gave to those who were to carry that power into
operation in every department tbe legal discretion of doing
what was fairly allowed by a just consideration of .the
whole,. In other word*, tbe Convention that formed the
Constitution did not intend to make a Statute Book of that •
instrument. The powers, contested, fairly result from the
Constitution, end have been exerciaed ever since its foun
dation. What does the citation of these instances mention
ed above, prove, in opposition to the contemporaneous ex.
post.ien of the const: tation given by fljsny of its Jesdlrr?