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ffcWWHH'THWAttST.
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IT Foetage must be peid-Or. letters of businest.
By Authority.
or THE I’NITED STATES PASSED AT THE
•ECOND SESSION OF THE 22d CONGRESS.
.' s [Public, No. SO.]
JJI ACT further to provide for the Cellsction of Du
t ties on Imports.
Bo it enacted by the 'Senate and House of Repressnta-
Ifoea •/ the United States of America in Congrts* as
mmhlti. That whanevei, by reason of'unlawful ob.
■roetiena, combinations, or assemblages of persons, it
•kustr become impracticable, in the judgment of the'Pre
aidant, to execute the revenue laws, and collect the du
i«aa an imports in the ordinary way, in any collection
4ietriet.it shall, and may, be lawful for the President to
dinebt. that the custom-house for such district be estab
iifhed and kept in any secure place within some port or
%arbour of auch district, either upon land or on board any
and, in that case, it shall be the duty of tbepol
3aetar ’to ireaide at such place, and there to detain all
weatele and cargoes arriving within the said district uri
•til the duties imposed on said cargoes, by law, be paid, in
qath, daiiucting interest according to existing laws;
•aad in -such cases it shall be unlawful to take the vessel
'Otraatga from the custody of the proper officer of the
eaitsmi, unleif by process from some court of the Uni
ted States; and in case of any attempt otherwise to take
-Hock veeeel or cargo by any force, or combination, or as
•tQiblage of person* too great to be overcome by the of
(bars of the customs, it shall and may be lawful for the
Ftnwident of the United States, or such person or per
«on* *• ha shall have empowered for that purpose, to em
ploy auch part of the land or naval forces, or.militia, of
tha United Statee, as mav be deemed necessary for the
•parpoae of preventing the removal of such vessel or
targe, and protecting the officers of the customs in re
tailing tha custody thereof.
Sae. 9. And be it further enacted, that the jurisdiction
tha circuit courts of the United States shall extend to j
all ciMi, in law or equity, arising under the revenue
lews of tha United States, for which other provisions
«ra not already made by law; and if any person -shall
receive any injury to hts person or property for or on
•eeennt of any act by him done, under any law of the
United States, for the protection of the revenue or the
•aliaetton of duties on imports, ho shall be entitled to
■detain suit for damage thereof in the circuit court of
tka United States in the district wherein the party doing
tha injury may reside, or shall be found. And all pro
party taken or detained by any officer or other person
•pder authority any revenue law of the United States
‘jtkalTbc irrepleviable, and shall be deemed to be in the
ody of the law, and subject only to the orders and
ital«M«f the courts of the United States having juris,
tfietioa thereof. And if ary persdh shall dispossess or'
raaewa, or attempt to dispossess or rescue, any. property
•a taken or detained as aforesaid, ar shall aid
therein, sack person shall be deemed guilty of a mis
iwhiaisr, and shall be liable to such punishment as is
by the * wenty second section of the act for the
of certain crimes against the United States,
approved the thirtieth day April, anno Domini one thou*
«ihs4 aeven hundred and ninety, for the wilful obstruction
•r resistance of officers in the service of process.
sSaa* 9. And be it further enacted. That in any case
sskere auit or prosecution shall be commenced in a
apart of any state against any officer of the United States,
other peraop, for or on account of any act done under
ttaraae nue law* of the Uunited States, or under color
thhraof or for or on account of any right, authority, or
Kid*, «ct up or claimed by such officer, or other person,
gndar any such law of the thrived States, it shall be law-.
; fhl for tha defendant in auch suit, or prosecution, at any
Aiwf before trial, upon a petition to the circuit court of
United States, in and for the district in which the de
fondant •hall have been served with process, settingforth
,th# nature of said suitor posecution, and verifying the
•aid petition by affidavit, together w-ith a certificate
aligned, by an attorney or counsellor at law of some court
•f record of the state in which such suit shall have been
.nommenced, or of the United States, setting forth that,
M counsel for the petitioner, he has examined the pro
paadings against him, and has carefully inquired into ai
th# m*uers set forth in the petition, and that he believes
the same to be true; which petition, affidavit, and ccrtifi.
eat*, shall be presented to the said circuit court, if in sea.
atan, and if not, to the clerk thereof, at his office, and
•hall be filed in said office, and the cause shall thereup
an he entered on the docket of said court, and shall be
thereafter proceeded in as a cause originally com uenc
•din that court; and it shall be the duty of the clerk of
Said coart, if the suit were commenced in the court be
law by summons, to issue a writ of certiorari to the state
court, requiring said court to send to the said circuit
•ourtthe record and proceedings in said cause, or if it
••re commenced by capias, he shall issue a writ of ha
!■•# corpus cum causa, a duplicate of. which said writ
•hall be delivered to the clerk of the state court, or left
♦this-office by the marshal of the district, or his deputy,
ariome person duly authorized thereto; and, thereupon,
((•hail ba the duty of the said state court to stay all I
farther proceedings in such cause, and the said suit, or
piSaseution, upon delivery of such process, or leaving
Ik# tame as aforeaaid, shall be deemed and taken to be
■aved to the said circuit court, &. any further proceed,
inga, trial or judgment therein in the state court shall be
FkpUy nail and void. And if the defendant in any such I
gait be in actual custody on mesne process therein, it
shall be the duty of the marshal, by virtue of the writ of
hgaaas corpus cum causa, to taka the body of the defen.
font into his custody, to be dealt with in the said cause
••cording to the rules of law and the order of the cir
guil court, or of any judge thereof in vacation. And all
gW#chn»ents made and allbail and other security given upon
foeh anit, or prosecution, shall ba and continue in like force
and affect, aa if the same suit or prosecution, had proceed
ed. to final judgment and execution in the State court. And
ifrbpon the removal of any such suit, or prosecution, it
•hall ba made to appear to the said circuit court that no co r
pf of tha record and proceedings therein, in the state court,
•an ha oht&inad, it shall be lawful for said circuit court to
•How A require the plaintiff to proceed de novo, and to
lla a declaration of hi* cause of action, and the partiea
flay thereupon proceed aa in actions originally brought
ia outd circuit court; and on failure of so proceeding,
judgment of non pros, may be rendered against the plain
liff with costs for the defendant.
• Sae. 4. And be it further enacted, That in any case in
which any party is, or may be by law, entitled to copies
•f the record and proceedings in any suit or prosecution
a in-W State court, to be used in any court of the United
Slhtfs, if the clerk of said State court shall, upon de
■fitd. and the payment or tender of the legal fees, refuse
•f fogl» ct to deliver to such party certified copies of such
record and proceedings, the eourt of the United States
ilj which such record and proceedings may be needed,
•n proof, by affidavit, that the clerk of said S.ate court
k«« refused or neglected to deliver copies thereof, on de
mand as aforeaaid, may direct and-allow such record to
ha supplied by affidavit or otherwise, as the circumstan
ce# of the case may require and allow ; and, thereupon,
#a£k proceeding, trial, and judgment, may be had in the
••id court of the United States, and all such processes
•Warded, as if certified copies of such records and pro
ceedings had been regularly before the said court.
Sac. 5. And be it further enacted, That whenever the
Fraaident of the United States shall be officially inform
ed, by the authorities of any State, or by a judge es any
circuit or district court of the United States, in the State,
within the limita of such State, any law or laws of j
til# United States, or the execution thereof, or of any
prffeaaa from the courts of the United States, ia obstruct,
ed bjr the employment of military force or by any other
■nlswful means, too great to be overcome by the ordinary
fourae of judicial proceeding, or by the powers vested in
the marshal by existing laws, it shall be lawful for him,
ofthe United States, forthwith to issue his,
proclamation, declaring such fact or information, and re
uniting all such military and other force forthwith to dis
pane; and if at any time after issuing such proclamation,
aift%iaeh opposition or obatiucliou shall be made, in the
Won*# "or by tbajtieane aforesaid, the President shall be,
•fWfhfaby ia; authorized, promptly to employ such means
'VwppM* fee •*■*, asd U cause tka aaid laws ar pro*
to
cesstq.be duly executed, as are authorized-and provided
in the{jcaaes therein mentioned by the act of the twenty.
eighth of February, one thousand seven hundred ana
ninety five, entitled “ An act to oaaride for calling forth
the militia to execute.the laws omhe Union, suppress in
surrections, repel invasions, and ro repeal the act now in
force for that purpose;” and also, by the act of the third
of March, one thousand eight hundred and seven, entitled
** An act authorizing the employment of the land and na
val forces of the United States incases of insurrection.”
Sec. 6i And be it further enacted. That in any
State wherp the jails are not allowed to be used for the
imprisonment of persons arrested or committed under
the laws of the United States, or where houses are not
allowed to be so used, it shall and may be lawful for any
marshal, under the direction of the Judge of the United
States for the proper, district, to use other convenient
places, within the limits of said State, and to make such
other provision. as he may deem expedient and neces
sary for that purpose.
Sec. 7. And be it further enacted. That either of the
justices of the Supreme Court, or a judge of any district,
court of the United States, in addition to the authority
already conferred by law, shall have power to grant
writs of habeas corpus in all cases of a prisoner or
prisoners, in jail or confinement, where he or they shall
be committed or confined on.orby any authority or law,for
any act done, or on tied to be done, in pursuance of a
law ofthe United States, or any order, process, or decree,
of any Judge or court thereof, any thing in any act of
Congress to the contrary notwithstanding. And if any
persons to, whom such writ of habeas corpus may be
directed, shall refuse to obey the same, or shall neglect
or refuse to make return, or sha'l make a false return
thereto, in 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. competent jurisdiction, be punished by fine, not ex
ceeding one thousand dollars, and by imprisonment, not
exceeding six months, or by either, according to the na
ture, and aggravation qf the case.
Sec. 8. And bedt -further enacted, That the several
provisions contained in the first and fifth sections of this
act, shall be in force until the end of the next session of
Congress, and pc/ionger.
* A. STEVENSON,
Speaker of the House of Representatives.
HU. L. WHITE,
President of the Senate pro tempore.
Approved, March 2d, 1833.
. ANDREW JACKSON.
' ' LIST OF ACTS
Passed at the Second Session of the Twenty-second
Congress.
An act to explain an act, entitled “an act to reduce
the duties on coffee, tea, and cocoa,” passed the twen
tieth of May, 1830.
An act to establish a land office in the Territory eff
Michigan.
An act to improve the condition of the non-commis
siorifed officers and privates of the army and marine
corps of the United States, and to prevent desertion.
An act m aid of an act entitled “an act for the relief
of James Barnett.” ‘
An act making appropriations for the Engineer and
Ordnance v
An act authorising 'commissioner of the General
Land Office to is&ie patents to persons therein named.
An act to authorise the county Commissioners for the
county of Peoria, in the state of Illinois, to enter a
fractional quarter section of land for a seat of justice
and for other purposes. .
An act granting an additional quantity of land for the
location of revolutionary bounty land warrants.
An act to amend an act, entitled an act to altar and
amend an act to set apart and dispose of certain public
lands for the encouragement of the cultivation of the
vine and olive,” approved 19th Feb. 1831.
An act for the purchase-of certain copies of Watters,
ton and Vanzandt’s Statistical Tables, and to authorise a
subscription, for Ac continuation of the same.
An act to secufe t« mechanics and other* payment, for
labor done, and materials furnished in t}l%..ppqquon of
buddings Iri -
„ An act for the construction of a road.from the Missis,
sippi river to W. Strong’s on the St. Francis, in the
Territory of Arkanzas.
An act for making appropriations, in part, for the
support of government for the year 1832, and for ccrta.n
expenditures of the year 1832.
An act in addition to the act for the gradual improve
ment of the navy of the United States.
An act making appropriations for carrying on the
fortifications of tha United States during the vear
1833.-
An act amendatory to an act, entitled an act for the
relief of Robert C. Jennings, and cf the executors of
James Boddy, deceased.
An act making appropriations for the Indian Depart,
ment for tha year 1833.
An act for the further improvement of Pennsylvania
Avenue.
An act to authorize the laying out and constructing a
road from Line Creek to the Chatahoochee, and for re
pairing the road on which the mail is now transport,
od.
An act for the payment of horses and arms lost in the
military service of the United States against the In.
dians on the frontiers of Illinois and the Michigan
Territory.
An act to change the names of William B. Finch,
and Elizabeth B. Finch, to that of William Compton
Bolton, and Elizabeth Bolton.
An act to amend an act entitled “an act to grant a
quantity of land to the State of Illinois, for the purpose
of aiding in opening a canal to connect the waters of
Illinois river with those of Lake Michigan, and to al
low further time to the State of Ohio for commencing
the Miami Canalfrom Dayton to Lake Erie.
An act prescribing the mode by which patents for I
public Lands shall be signed and executed.
An act to authorise the President of the United States
to causfe' the public surveys to be connected with ihe
line of demarkation between the States of Indiana and
Illinois.
An act to explain and amend the 17lh and 18th sec
tions of “an act to alter and amend the several acts im
posing duties on imports,” approved 14th July, 1832.
An act to incorporate the Georgetown Free School
and Orphan Asylum, in the district of Columbia.
An act to improve the navigation of the Potomac ri
ver between Georgetown and Alexandria, and for other
purposes.
An act supplemental to “ an act for the relief of Alex
ander Claxton,” passed on the 28th day of May, 1830.
An act further to extend the powers of the board of
Canal Commissioners for the improvement ofthe Ten
nessec River, in the State of Alabama.
An act making provision for the publication of the Do.
cumentary History of the American Revolution.
An act further to provide for the collet tion of duties
on imports. [This is what has been called “ the Reve
nue Collection Bill.”]
An act to revive the act entitled “an act suplementa
ry to the seyeial laws for the sale of public lands.”
An act declaring the assent of Congress to an act of the
General. Assembly ofthe State of Virginia, hereinafter
recited.
•* An act for improving the navigation of certain rivers
in the Territories of Florida and Michigan and for sur
veys, and for other purposes.
An act establishing a port of entry and delivery at the
village of Fall River, in Massachusetts, and discontinu
ing the office at Deighton.
An act making appropriations to carry into effect cer
tain Indian treaties, and for other purposes, for the year
1833.
An act to create sundry new land offices, and to alter
the boundaries of other land offices ot the United States.
An act making appropriations for Indian annuities and
other similar objects for the year 1833.
An act further to extend the time for entering certain
donation claims to land in the Territory of Arkansas.
An act to modify the act of the 14th July, 1833, and
all other acts imposing duties on imports. [This is Mr.
Clay’s bill.]
An act'making appropriations for the revolutionary
and other pensioners of the United Stales, for the year
1833.
An act for the more perfect defence of the frontiers.
An act granting certain city Iqts to the President and
Directors of the Georgetown College, in the District ot
Columbia.
An act supplemental to the act entitled “ an act for the
final adjustment of land claims in Missouri.”
An act to authorize the Legislature of the State of Ohio
to sell the land reserved for the support of religion, in the
Ohio Company’s and John Cleves Symmes’ purchase.
An act making appropriations for the naval service for
the year 1833.
An act making appropriations for the erection of cer
tain fortifications.
An act in relation to the Potomac Bridge.
An act making appropriations for the civil and diplo
matic expenses of Government for the year 1833.
' act amend an act, entitled “an act supplemen
tary to the act for the relict of certain surviving officers
and soldiers of the revolution.”
An act authorizing the removal of the office of Survey
or General ofPublic Lands south of Tennessee.
An act supplementary to an act entitled “an act con
cerning a Seminary of learning in the Territory of Ar
kaaeas,” apprarad 2nd March, 1897.
/ ' V
An act making appropriations for the support of the
army for the year 1833.
An act to authorize the issuing of a patent or patents to
Samuel Hall.
An act in addition to, and in alteration of an act enti
tled “ an act vesting in the Corporation of the City of
Washington all the rights of the Washington Canal Com
pany, and for other purposes.”
An act to authorize the President of the United States
to exchange certain lands bplonging to ihe Navy Yard at
Brooklyn for other lands contiguous thereto.
An act making appropriations for carrying on certain
works heretofore commenced for the improvement of
Harbors and Rivers, and also for continuing and repair
ing the Cumberland Road, and certain Territorial Roads.
An act to establish a town at St. Marks, in Florida.
An act making appropriations for the Public Buildings
and for other purposes. ,
An act authorizing an alteration in the election dis
tricts for members of the Legislative Council of the Ter
ritory of Michigan’,
An act prolonging the secbrrd session of the sth Lcgis
lative Council ofthe Territory of Michigan.
An act to authorize the Governor of the Territory of
Arkansas to sell the land granted to the said Territory
byan act ofCongress approved the loth June, 1832, and
for other purposes.
An act to carry into effect the Convention between the
United States and his Majesty the King of the Two Si
cilies, concluded at Naples on the 14th day of October,
1832.
An act to extend the provisions of the act of the 3rd
of March, 1807, entitled an “act to prevent settlements
being made on lands ceded to the United States until au
thorized by law,”
An act to explain and amend the act to alter and amend
the several acts imposing duties on imports, passed July
14, 1832, so fur as relates to hardware, and certain ma
nufactures of copper and brass and other articles.
An act forthe relief of the widow and orphans of the
officers and seamen who were lost in the United Stales
schr. the'Sylph. * -/ , l
Acts for the relief o f
William Sharp, James Taylor, of Kentucky-; Eleanor
'Courts, widow of Richard Henley Courts ; the molh»t
of Fitz Henry Babbit, late a lieutenant in the navy of
the United States ; parish Carter ; John D. Sjoftt ;:E
--noch Wilhoct; the heirs and representatives of George,
Hodge, deceased ; Samuel Goode; Adam Caplihger ;
Edward B. Babbit; Newton Berryman ; Jos. Gasfqn;
of South Carolina ; Raphael Paine and Elias AnibW;
Algernon S. Thurston ; Elizabeth Scott, assignee of Al
exander Scott, jun.; Absalom Boles; James Gibbon
and Sarah Price, widow of William Price, and Philip
Staughton ; the heirs of Jean Baptiste Saucier; Euj
gene Borell; Daniel Johnson ; Joseph Eaton, ah assis
tant surgeon in the army of the United. States: Thomas
Triplett; Russell Hotchkiss and others, owners of the
brig Stranger ; Josiah P. Crecsey and others; Gabriel
Godfrey and Jean Baptiste Beaugraud; John Thomas
and Peter Foster; the children of Charles Combs and
Marguerite Laviolette, his wife; Riddle, Becktie and
Headington ; Robert Eaton; Jane Daupiiin, administra
trix of John Dauphin; James Brownlee ; the Jcgal rep
resentatives of the late Col. John Thornton, deceased;
Joel Thomas; Daniel Goodwin, executor of B&rjamin
'Goodwin, deceased; John Bruce, administrator of Phil
ip Bush, deceased; Matthew Flournoy, and R. J.
Ward, of the State of Mississippi; Archibald Gamble ;
the heirs of Nicholas Hart, deceased, and the heirs of
John Grayson, deceased, and Jacob Busworth ; Archi
bald Watt; Wm. B. Keene and John L. Martin and ihr
other purposes; Peter McCormick; Crosby Arey;
Major Abraham H. Massias ; the legal representative
of John Miller, deceased ; George Mayfield ; the heirs
of John Wilson, deceased; Wm. A. Tennille, of Geor
gia; Josiah Baker; Alexander Donelson; Andrew
Moore, Robert Kane ; John S. Devlin; the legal repre
fientatrves of John Peter Wngnon, deceased ; the heirs
and representatives of John Campbell, late of the city
of New York, deceased ; Jared E. Groce, of the State
of Alabama ; William Osborn ; Lieut. Harvy Brown ;
William Stewart; Hugh Beard; Peter Bargy, jr., Ste
phen Norton, and Hiram Woolverton ; Thadeus Phelps
& Co, ; , Archibald W. Hamilton ; Sylvester Havens ;
cettafri -invalid pensioners therein named; the widow of
Jos. Kniglit; Wm. Zantzinger; Joshua P. Frothing,
ham, and the heirs of Thos. Hopping, deceased; Glo
ver Bronghton, of Marblehead, late owner of the fish
ing schooner Union ; also forthe relief of the crew of
said vessel; Lieut. George D. Ramsay, of the U. S. A.
Abraham Adams; Sarah Carr, widow of Richard Carr,
deceased ; James Range, a soldier of the revolution ;
the heirs of Dr. Isaac Ledyard ; the heirs of Col. John
Ely* deceased.
RESOLUTIONS.
Absolution in relation to the execution of the act sup
plementary to the net for the relief of certain surviving
officers and soldiers of the Revolution.
A resolution to placed thirty copies of the Diplomatic
Correspondence of the, American revolution at the dis
posal of the Secretary of State.
A resolution for the reliefof sundry owners of vessels
sunk forthe defence of Baltimore.
Resolution authorizing the delivery of certain pipers
in the department of State to the Commissioners for settl
ing claims under the treaty with France, of the 2nd Feb
ruary, 1632.
Resolution providing for the continuation of Gales &
Seaton’s Compilation of State Papers.
Resolution authorizing the Secretary of war to correct
certain mistakes.
[Correspondence of the Charleston Courier.]
SOUTH-CAROLINA CONVENTION.
COLUMBIA, MARSH 11.
The Convention met pursuant to the Proclamation of
the President—was called to order at 12 o’clock, ard
opened with prayer, by the Rev Mr. Ware, a member.
The President (James Hamilton, Jr.) then addressed
the members as follows:
Gentlemen —ln exercising the power of calling you
together, which you were pleased to place in my hands
at your adjournment, I have both regretted and been sen.
sible of the inconvenience to which I must have subject,
ed many of you, in being compelled to leave your homes
at a season so essential to the successof thq agricaltural
labors of the whole year. It must, been
. manifest to you from the nature of the pfbffeedings of
this body at its former meeting, that its,' re-assembling
after the adjournment of Congress, was Unb.y'ent of high
ly probable occurrence. Before, however',phis necessi
ty was demonstrated, I was officially apprized by the
Governor of Soutji-Carolina, on the sth February, of
the arrival of a commissioner on the part of the State of
Virginia, bearing certain resolutions adopted by the Ge
neral Assembly of that State, respectfully soliciting of
this State, a suspension or rescinding of the Ordinance
of her Convention until the adjournment of the next ses
sion ofCongress. These resolutions were accompanied
by an application on the part of the gentleman in this
Commission, that this Convention should be convened
at an early moment. The high source from which this
mediation emanated, the friendly dispositions by which
it was obviously dictated; borne, too, and advocated by
a gentleman so long and so advantageously known as a.
mong the most able apd devoted champions of the rights
of the States, left me by what I was quite sure would be
yourowndecision.no other alternative (if my ewn in
clinations had been wanting) than a compliance with the
wishes of that distinguished Commonwealth as commu
nicated by her worthy Representative. As I Was, how.
ever, perfectly satisfied that no decision on the proposi.
lions of which he was bearer, could be made prior to the
adjournment ofCongress, the period of your assembling
has been arranged to meet both contingencies.
You have thus assembled, gentlemen, and the pro
posed mediation of Virginia is met concurrently by the
passage of an act by the Congress of the U. States,
modifying the tariff of the I4th of July last,%anil byan
act entitled “an act more effectually to provide for the
execution of the Revenue Laws.”
In bringing both these laws to your view, and invok
ing your mature consideration of their provisions and
objects, it would not become me to make any suggestion
as to the course it behoves y#u to pursue in reference
to these measures. If the first is not in all respects
satisfactory, as coming up to that measure of justice to
which the South had a fair claim, and is liable to some
important objections, it, nevertheless, provides for the
commencement of an early, though gradual arneliora
tion of that system, against which we have si long com
plained, and for an ulterior recognition ofthe tonsiitu
tional principles upon which our rights are assumed to
rest. In forming your estimate, however, of whatever
may be its intrinsic value, you will not be insensible to,
the fact, that it is a compromise of extreme vexatious
and conflicting interests made in die spirit of peace, as
an offering to the concord and tranquillity of our tomrnon
country.—ln such a spirit our Representatives, in Con
gress voted for it, and in such a spirit must we consider
it, whatever may be our final decision on the measure.
This adjustment, however, comes to us at least with this
compensation for the justice which it yet withholds—
that all that has been beneficially accomplished by it for
the country, is to be attributed to the action of this Con
vention, and the energy, decision, and love of liberty, of
that people, by whom our proceedings have beensustain
ed. We may surely say this without an unworthy vaunt
ing, when the most able of our opponents, has borne tes
timony to the truth of this fact.
It is greatly to be regretted, with a single view to the
harmony and repose of the country, that this adjustment
should be accompanied by the other measure to which I
b»r» invited your attention. I
j i
If We could regard the act, which provides by its title
“ for a more effectual execution of the revenue laws,” but
which in fact, provides for the coercion of a sovereign
State in this Union, as an empty defiance got up as a
mere salvo for the wounded pride, or to gratify a worse
passion ofthe executive we might permit it silently to pass
by, with that reprobation with which not posterity alone,
but at an early mfcment, a cotemporary age, will visit it,
standing impotentlv, as it will stand, a dead letter on our
Statute Book; but as a precedent engrafted on our laws,
it is of the most serious and portentous import,furnishing,
as it does, the most unequivocal evidence, that as far as
the authority of law extends (independently, thanks be to
God, of the spirit of a free people) by a single act of le
gislation, the character ot our Government is changed,
and a military despotism placed at the disposal of the
Executive, when lie shall determine in his own discre
tion, that a fit exigency has arisen for its exercise. he
broad usurpation in this law of the right on the part of
Congress to coerce a Sovereign State in this Union,
when this power was solemnly withheld by the Conven
tion that formed the Constitution, the utter annihilation
of our judiciary in cases clearly within their exclusive
jurisdiction, and the still more revolting circumstance
that in obeying the laws ol their State, and executing the
mandates of their own Courts, the lives of our citizens
are placed at the mercy ofthe standing forces of the Uni
on, all concur to present an epoch in the public liberty of
the country, which ought not to be allowed to pass with- j
out your animadversion. And you will permit me fur
ther to remark, whether the adjustment of the Tariff' be
deemed satisfactory or not, that much remains for you to
do, in making of constitutional record in an enduring
form those great conservative principles, which have
borne us yet through this contest, to say nothing of the
necessity of providing those securities which may in all
future time, command the fealty and obedience of these
who receive the protection ofourlaws.
You will now, I trust, allow me to refer to a matter,
which is personal to myself. The distinguished station
I now occupy, I owe to the accidental circumstance of
my having been the C hies Magistrate of this State, when
the Convention first assembled.
Another individual now on this floor fills that post. I
feel that I am not alone paying a proper deference to an
established and valuable precedent, but a just homage to
superior personal claims and more eminent qualifica
tions, when I signify in the presence of this Convention,
that it is my purpose, after the reading of the corres
pondence I now communicate, between the Commis
sioner from Virginia and the public au horities of this
State, to resign this Seat.
In making this declaration, permit me to superadd to
it my unfeigned acknowledgments for yotir past kind
ness and confidence, and my fervent prayer, that the
God of all mercy and truth may so order and govern our
proceedings, that they may redound to the liberty, peace
and happiness of our country.
Mr. R. B. Smith, from Colleton, Mr. Gill, from Lan
caster, and Mr. Sistrunk, from St. James, Goose Creek,
appeared, signed the roll, and took their seats.
The Roll was then called, and 131 members answered
to their names. After which, the correspondence was
read, the Preamble and Resolutions of the Legislature of
Virginia, and a Communication from Mr. Leigh, to the
Convention, touching the matters at issue between the
State of South Carolina and the General Government,
which were ordered to be printed.
The President resighed his seat, when a ballot was
had for a successor ; and on counting tiie votes, Robt.
Y. Ha yne. Esq. having received 128 votes was duly e
lected. Messrs. Job Johnson and Thos.Pinckney, were
appointed a committee to wait on the President elect,
and /Conduct him to the Chair ; which having been per
formed, Govenor Hayne addressed the Convention.
Mr. James Hamilton, jr. submitted a resolution, per
mitting the Hon. B. W. Leigh, to take a seat on the floor
ofthe Convention ; which having been agreed to unanim
ously, he was introduced by Messrs. Earle, Haywood
and POn.
A Resolution was submitted by Mr. C. J. Colcock,
appointing a Committee of Twenty-one, to take into
consideration the acts of Congress, spoken of in the ad
dress of the late President, and of such other business as
should be hereafter presented ; whereupon, the Presi
dent re-appointed the same gentlemen who composed
the Committee of Twcnty-One, in November J^st.
“Mr. Harper moved the printing of the Acts of Con
gress ; Mr. POn, that the members of Congress, not
members of the Convention, be permitted to take 'seats
in the Hall of the Convention ; and Mr. R. B. Smith,
that the same courtesy be extended to the members of
the Legislature ; which having been agreed to, the Con
vention adjourned to 1 o’clock to-morrow.
“ It is presumed, by some, tha N t the session will last
longer than this week. There seems, thus far, 3 kindly
feeling existing between the members, and the business
will, no doubt, be conducted with harmony, at least in
an exterior point of vie w. Should a debate ensue, no
probable calculation can be made on the manner* nor the
term of the sitting.”
MARCH 11
“ The Convention met pursuant to adjournment, and
was opened with prayer by the Rev. Mr. Wafford.
Mr.C. J. Colcock, from the Committee of twenty
one, submitted the following
report:
The Committee to whom was referred the communi
cation of the Hun. B. W. Leigh, Commissioner from
the State of Virginia, and all other matters connected
with the subject, and the course which should be pur.
sued by the Convention, at the present important crisis
of our political affairs, beg leave to Report, (in part,)
That they have had under consideration the act passed
at. the late session of Congress, to modify the “act of
the 14th of July, 1833, and all other acts imposing du
ties cn imports and have duly deliberated on the
course which it becomes the people of South Carolina
to pursue at this interesting crisis of our political affairs.
It is now upwards of ten years since the people and con.
stituted authorities of this State, took ground against the
protecting system, as “unconstitutional, oppressive,and
unjust,” and solemnly declared in language which was
then cordially responded to by the other Southern
States, that it never could be “as the set
tled policy of the country.” After remonstrating for
years against this system in vain, and making every
possible effort to produce a redress of this grievance
by invoking the protection ofthe constitution, and by
appealing to the justice of our brethren, we saw, during
the session of Congress, which ended in July last, a
modification effected avowedly a* the final adjustment of
the Tariff, to take effect after the complete extinguish
ment of the public debt* by which the protecting system
could only be considered as rivetted upon the country
forever. Believing that under these circumstances,
there was no hope of any further reduction of the du
ties from the ordinary action of the Federal Govern,
ment; and convinced that under the operation of this
system the labor and capital of the plantation States
must be forever tributary to the manufacturing States,
and that we should in effect be reduced to a condition of
colonial vassal ge, South Carolina felt herself constrain,
ed, by a just regard for her own rights and interests, by
her love of liberty, and her devotion to the Constitution,
to interpose in her sovereign capacity for tln\ purpose of
arresting the progress of the evil, and maintaining, with
in her own limits, the authorities, rights and liberties
appertaining to her as a sovereign State. Ardently at
tached to the union of the States, the people of South
Carolina were still more devoted to the rights of the
States, without which the Union itself would cease to be
a blessing; and well convinced that the regulation of
the whole labor and capital of this vast confederacy by
a great central Government must lead inevitably to the
total destruction of our free institutions, they did not
hesitate to throw themselves fearlessly into the breach,
to arrest the torrent of usurpation which was sweeping
before it all that was truly valuable in our political sys
tem.
The effect of this interposition, if it has not equalled
our wishes, has been beyond what existing circumstan
ces would have authorized us to expect. The spectacle
of a single State, unaided and alone, standing up for
her rights—influenced by no ot ier motive than a sin
cere desire to maintain the public liberty and bring
about a salutary reform in the administration of the Go
vernment, has roused the attention of the whole country,
and has caused many to pause and reflect, who have
heretofore seemed madly bent upon the consummation
of a scheme of policy absolutely fatal to the liberty of
the people, and the prosperity of a large portion ot the
Union. Though reviled and slandered by those whose
pecuniary or political interests stood in the way of a
satisfactory adjustment of the controversy —deserted by
many to whom she had the right to look for succor and
support, and threatened with violence from abroad, and
convulsions within, South Carolina, conscious of the rec
titude of her intentions and the justice of her cause,
has stood unmoved, firmlv resolved to maintain her lib
erties, or perish in the conflict. The result has been a
beneficial modification of the Tariff of 1832. even be
fore the time appointed for that act to go into effect;
and within a few months after its enactment, accompa
nied by a provision/or a gradual reduction of the duties
to the revenue standard. Though the reduction provi
ded for by the Bill which has just passed, is neither in
its amount or the time when it is to go into effect, such
as the South had a right to require, yet such an approach
has been made to the true principles on which the duties
on imports ought ts be adjusted under our system, that
the people of South Carolina are willing, so far, to yield
to the measure, as to agree that their Ordinance shall
henceforth be considered as having no force or effect.—
Unequal and oppressive as the system of raising rev#
indistinct print
nue by duties upon imports, must be upon the Agricultu
ral States, which furnish more than two-thirds of the
domestic exports of the United States; yet South Caro
lina always has been, and is still willing to make large
sacrifices to the peace and harmony of the Union.—
Though she believes that the protecting system is found
ed on the assumption of powers not granted by the Con
stitution to the Federal Government, yet she has never
insisted on such an immediate reduction »f the duties
as should involve the manufacturers in ruin. That a re
duction to the lowest amount necessary to supply the
wants of the Government, might be safely effected in
four or five years, cannot, in our estimation, admit of a
reasonable doubt; still, in a great struggle for principles.
South Carolina would disdain to cavil about a small
amount of duties, and a few years more or less in effect
ing the adjustment, provided she can only secure substan
tial justice, and secure a distinct recognition of the
principle for which she has so long contended. Among
the prov sions of the new Bill, which recommend it to
our acceptance, is the establishment of a system of ad
valorem duties ; and the entire abandonment of the spe
cific duties, and the minima ms: Tyrannical provisions,
by which duties rated nominally at 25 per cent, were in
many cases raised to upwards of 100 per cent., and
by which the coarse and cheap articles used by the
poor, were taxed much higher than the expensive arti
cles used by the rich ; an unjust and odious regulation,
j against which we have constantly protested in the most
earnest terms. The reduction before the expiration of
the present year of one tenth part of the duties on all
articles “ exceeding twenty per cent, on the value there,
of” (embracing the entire mass of the protected arti
cles) and a gradual reduction thereafter, on such arti
cles down to 20 per cent, (the duties upon which, under |
the tariff <if 1832, range from 30 to upwards of 100 per i
cent;, and average upwards of 50 per cent.,) are great
and manifest ameliorations of the system to the benefits
of which we cannot be insensible. But great as must
be the advantages of these reductions, they are small in
comparison with the distinct recognition, in the new bill,
of two great principles which we deem ot inestimable
value— that the duties shall eventually he brought down
to the revenue standard , even if it shall be found neces
sary to reduce the duties on the protected articles below
20 per cent., and that no more money shall be raised
than shall be necessary to an economical administration
of the government.
These provisions embody the great principles in ref
erence to this subject for which S. Carolina has so long
and so earnestly contended, and if the pledge therein
contained shall be fulfilled in good faith, —they must, in
their operation, arrest the abuses which have grown out
of the unauthorised appropriations of the public money.
We should consider the reduction of the revenue to the
amount “ necessary to the economical administration of
the Government,” as one of the happiest reforms which
could possibly take place in the practical operation of
our system ;as it would arrest the progress of corrup
tion; limit the exercise of Executive patronage and
power—restore the independence of the States, and put
an end to all these questions of disputed power, against
which we have constantly protested. It is this aspect
of the question which has reconciled us to the provisions
of the new bill (certainly not free from objections) which
provide for the introduction of linens, silks, worsted, and
a number of other articles, free of duty. The reduction
of revenue which will thereby be effected, and the bene
ficial influence of a free trade, in several of these arti
cles which are almost exclusively purchased by the ag
ricultural staples of the Southern States, and which will
furnish an advantageous exchange for these productions,
to the amount of several millions of dollars annually, are
considerations not to be overlooked. Nor can we be insen
sible to the benefits to be derived from the united efforts
of the whole South, aided by other States having inter
ests identified with our own in bringing about the late
adjustment of the Tariff, promising, we trust, for the fit
ture, that union of sentiment, and concert in action,
which are necessary to secure the rights and interests of
the Southern States. On the whole, in whatever aspect
the question is contemplated, your committee find, in the
late modification of the tariff, cause for congratulation
and triumph. If we have not yet succeeded in the great
principles of free trade and constitutional liberty, such
progresshas been made towards the accomplishment of
Ihe former, as must serve to rekindle our hopes, and to
excite us to fresh exertions in llte glorious works of re
form in which we are engaged. Influenced by these
views, the committee is satisfied, that it would not com
port with the liberal feelings of the people OfSonth Caro
lina, nor be consistent with the sincere desire by which
they have always been animated, not only to live in har.
mony with their brethren, but to preserve the Union of
the States, could they hesitate, under existing circum
stances, in recommending that the Ordinance of Nullifi
cation, and the acts of the Legislature consequent there
on, be henceforth held and deemed of no force and ef
fect. And they recommend the following
ORDINANCE.
Whereas, the Congress of the United States, by an
act recently passed, has made such a reduction and mo
dification of the duties upon foreign imports, as amounts
substantially to an ultimate reduction of the duties to the
revenue standard; and that no higher duties shall be laid
than may be necessary to defray the economical expend!-
turesof the government,
It is therefore Ordained and Declared, That the Or
dinance entitled “An Ordinance to Nullify certain acts
of the Congress of the United States, purporting to be
laws laying duties on the importation of foreign conuno
dities,”, .-and all. acts passed in pursuance thereof, be
henceforth deemed and he'd to have no force or effect;
provided that the act entitled “ an act further to alter and
amend the militia laws of this State,” passed on the 20th
day of December, 1832, shall re .tain in force until it
shall ho repealed or modified by the Legislature.
“ On motion of Mr. J. L. Wilson, the Report and Or
dinance were made the order of the day for to-morrow,
and ordered to be printed.
“ Mr. J. L. Wil son sulSnitted the following Resolu- j
tion: ‘ Resolved, That a Committee be appointed to
wait upon our Senators and Representatives in Congress,
now in the town of Columbia, and request them to give
us genuine information, relative to the late proceedings
of the P’ederal Government towards South Carolina, in
consequence of thy Ordinance of Nullification, passed by
the People of this State in November last; and that the
Committee,report, what arrangements may be made, as
to the manner and time of giving the information desired
which was agreed to, and Messrs. Wilson, Hamilton and
Johnson, were appointed the Committee.
Mr. J. L. Wilson submitted also the following Pream
ble and Resolutions: Whereas a Convention cf the
State has been called to place the State ot South Caroli
lina upon its sovereignty, and to consider of, and to do
all such acts as may, in the opinion of this Convent'on,
serve mojte effectually to perpetuate the same; and
whereas protection and allegiance are reciprocal duties,
and a fundamental principle of all governments; Be it
therefore Resolved, That it is expedient and proper,
that the Constitution of this State be so altered and
amended, as to require every elector, who may claim to
exercise the elective franchise, in addition to the oath of
qualification now prescribed, to take an oath of allegi
ance to the State of South Carolina, and upon the refusal
of any elector to take such oath, the Managers of Elec
tions shall not be permitted to receive bis vote.
Resolved, That it is expedient and proper, that alj
Officers hereafter to be elected to any offices of honor,
profit and trust, civil or military, be required to take an
oath of paramount allegiance to the State of South Ca
rolina.
“ On the question of considering the Preamble and Re
solutions, Mr. Turnbull informed the Convention, that
the subject matter thereof was already before the Com
mittee, and that a report thereon, would be submitted as
soon as prepared. Mr. Wilson then moved a reference
of them to the Comiriutee of twenty-one, which being
agreed to, Mr. Hamilton moved that Mr. Wilson be ad
ded to the Committee.
“Adjourned to 11 o’clock to-morrow.
“The first resolution offered by Mr. Wilson will, it is
presumed, tall forth’ the explanation and information re
quired from Mr. Mr. Calhoun or Mr. MDuffie, and per
haps from both. Thus you will discover, that one more
day will be necessary to hear these gentlemen, which
will prolong the time at least until Saturday. The con
sideration of Mr. Colcock’s report, being the order of
the day for to-morrow, we may have some argument
thereon, but the majority will control this matter.
“There was to-day an usual crowd, the gallery being
filled, and such is the deep interest excited by the delibe
rations of the body, that seats are taken early to secure
a hearing.”
“ Item. —As matter of news, but unconnected with my
report, have to say, that Messrs. Drayton, Blair ami
Mitchell, were hung and burnt in effigy last night. This
was done in consequence of their vote on the bill of Mr.
Wilkins. The crowd in attendance is stated to have
been very great.”
In addition to the information furnished by our cor
respondent relative to the proceedings at Columbia, we
learn from the Southern Patriot, that Mr. Wilson’s
motion, calling on the members of Congress for the
“ genuine informntion” in tlfeir possession on the sub
ject of the new Tariff and Revenue Collection Bills,
was opposed by Messrs. Hamilton, Miller and Col
cock, from a fear, it is thought, that Mr. Calhoun would
be called on to make a communication which he would
rather avoid. The motion to lay Mr. Wilson’s re
solution on the table failed, 60 to C 9, and Mr. W ilsox s
resolution was adopted. This is the first measure in
which Gov. Hamilton has been foiled since he com
menced his career of Nullification. Has the star o. his
ascendancy begun to wave ?
A II U U ST A
Tuesday Homing, march 19, 18337
O' M e shall issue a Supplement to-morrow, which
will contain the speech of Mr. Calhoun, entire, and
Other matter. Alter all the public documents and
speeches of our members of Congress are disposed of,
together with the proceedings of the South-Carolina
Convention, we shall offer to our readers remarks upon
the most interesting afid important points of the papers
published. As we will have to refer to the documents,
we would request those who take an interest in the sub.
jects which will have to be considered and examined,
to keep by themselves those documents, for the pur
pose of judging whether we have or not taken a just and
correct view of them. We much fear that the crisis is
not at an end ; the contest will be continued, until the
next session of Congress, and more probably, until the
election ot a successor to Gen. Jackson. As the pro
ceedings of the late Congress, with the laws emanating
from that body, and the proceedings of the Soulb-Caro
liua Convention, are more or less connected with the
crisis and the electioneering campaign just opened for
the next Presidency, every citizen should make himself
thoroughly acquainted with the grounds taken by the
parties in the contest, and endeavour to ascertain the
views and objects of those parties. It is to enable our
j readers to acquire this knowledge, that we shall devote
our columns fora week or two more, to the publication }
of the most essential papers relating to the subjects to
be considered and investigated.
In another column we publish the act further to pro
vide for the collection of duties on imports, commonly
called the “ Enforcing Bill.”
At a meeting ot the Stockholders on Saturday even
ing last, the following gentlemen were chosen Trustees
of the Eagle and Phoenix Hotel Company for one year.
—Rout. H. Musgrove, Alfred Gumming, John Phinizy,
J. G. McWhorter, and John Boxes.
We have received the first number of a small daily
paper issued in Charleston, S. C. under the title of the
Daily Advertiser. It is published by Wm. Estill, at §5
per annum. •
THE 23d C OAGKKSS.
It appears that 118 members of the 23d Congress,
remain yet to be chosen, from the States of .Maine,
Massachusetts, Connecticut, Rhode Island, Maryland,
Virginia, Nor h Carolina, Soudi Carolina, Alabama,
Tennessee, Kentucky, Indiana and Missouri. Elections '
have been held in New Hampshire, Vermont, New
York, New Jersey, Pennsylvania, Delaware, Georgia,
Ohio, Illinois, Mississippi, Louisiana, and Missouri for
one member.
A letter from Charleston, dated Saturday evening, in.
forms us, that considerable excitement was evidenced in
the convention on Thursday, as to the adoption of the
preamble to the ordinance, repealing the nullification or
dinance. Mr. R. B. Smith disclaimed the preamble, as
far as himself and constituents were concerned, and
called it untrue. Mr. Hamilton demanded an explana
tion, and a long debate ensued, in which it was contend
ed, by the one party, that Mr. Clay’s bill was a victory,
while others declared that South Carolina had gained
nothing in the contest. The satisfied gentlemen finally
obtained the ascendancy, and adopted the preamble.
Disgraceful. —The Charleston Courier, of the IGih
in.*t. says—“A letter from Columbia informs us, that a
large assemblage of persons paraded the streets of that
place on the night of the 13th inst. bearing a transparen
cy, representing Messrs. Drayton, Blair and Mitchell,
which was exhibit! d in various parts of the town, accom
panied with music, and the hooting and huzzaing of the
mob; after which, to the shame, the eternal shame of the
perpetrators, not the objects of the impotent outrage,
these gentlemen were hung and burnt in effigy, in front
of tiie Theatre. We understand ;i member of the Con.
vention was among the crowd, and sanctioned the dis
graceful scene by his expressions of gratification,”
SPlISir OF XI DEIFICATION.
With regret we publish the following transactions;
but however disgraceful they may be, and injurious to the
reputation of the community in which they occur, we
feel bound to record them, in order to apprize a vast ma
jority of the people of Georgia—who, possessing intelli
gence, firmness, and independence of a superior order,
have repelled with scorn all the attempts made to involve
them in the labyrinth of nullification—of the length which
the Nnllifiers in Georgia would go, if, like their associ.
ates in South Carolina, they had the power. We record
those transactions for another object, which is, the ne
cessity, should we desire our lives and our property to
be respected, of union among the friends of good order
and peace. Union is indispensable, if we wish to main
tain the rights to which every American citizen is enti
tled, and among which the most essential are: freedom
of speech, and freedom of the press. Let ns preserve
these rights, and the disgrace of all the burning of effigies
will fall on those who commit such acts, and especially
on the instigators. It is with no less regret and pain,
that we fin ! such rude language used by the edilorsof the
Times and the Messenger, inintroducing to their renders
the transactions in question. With the editor of the ‘
Times, we have no acquaintance ;Jbut from the editor of
the Messenger, knowing him as we do, we expected oth
er feelings than those expressed by him in his introducto
ry remarks; and we hepe that, on cooler reflection, he
will regret, as we do, that he did not check that spirit of
revenge which frequently leads us to do what the better
feelings of the human heart condemn.
From the Macon Messenger of the 1 ith inst.
The passage of .Mr. Clay’s Bill for the arrangement of
the Tariff lias been hailed with enthusiastic gratification
by our State Rights friends in this city. The event was
celebrated, we understand, on the evening of the 11th
inst. by firing a fedi ral salute, with many other demon,
strations of joy and o itisfaction at a measure which pro
mised, if nothing more, temporary peace and tranquillity
to the country. We have received a long and interest
ing account of the celebration from a highly respectable
correspondent; we have space only for a few short ex
tracts. The account says :
“ A Medallion was prepared for the occasion, repre
senting twelve stars in a circle, and our glorious and be
loved sister, S.Carolina, was placed in the centre, which
completed the old confederacy. She shone as' the Sun
in the midst of revolving planets .”
Our correspondent next proceeds with a description
of the honors which were bestowed upon our distinguish
ed Senator, John Forsyth, on the occasion. The mode
pursued by our fellow-citizens, ,in manifesting their in
dignation at the conduct of the recreant Senator from
Georgia, may by some persons be considered “highly
reprehensible.’’—For our own part,Though we cannot
entirely approve, we shall be far from censuring any
mode or measure of punishment which the people o) Geor
gia may be disposed to inflict upon their Senator, for his
late betrayal of their confidence, feelings and principles.
John Forsyth voted for the Bloody Bill, and the peo. i
pie of Georgia can never again pardon the man who has
bound them hand and foot arid delivered them over to
“ the tender mercies" of a Tyrant. The following ac
count will afford him some idea of the esteem in which
he is held here :
•« A Catiline looking effigy, as large as life, bearing
a striking resemblance toour apostate Senator, was
prepared—a garland of combustibles decorated his brow,
a huge cocked hat made of materials most fit for the
occasion, a Charleston Courier and Augusta Con
stituiionalist was placed upon his head. An appropriate
motto, “ The blood of my countrymen rather than
justice to South Carolina ,” written in large characters,
was placed across his breast. '1 he noble figure was then
anointed with two bottles of spirits of turpentine, byway
of ertrems unction —a cartridge was prepared of his
favorite materia! for punishing South-Carolina, “gun
powder.” The effigy, after undergoing this preparation,
was first suspended by the neck, and in that deserved
position a burning taggot was applied to its end—a
piece of ordnance was planted in eight paces of the
amiable representation—the match was applied, and in
a moment the fragments of our renowned Senate* - were
seen fiyingin the air; not a vestige of the noble figure
could be found, not even his collar .”
From the Milledgeville Times.
Estimation of Joint Forsyth, at home !
The betrayal of the feelings of constituents, and the
abuse of their confidence, was never more plainly evine-