The Georgia constitutionalist. (Augusta, Ga.) 1832-184?, March 19, 1833, Image 2

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: _i ‘ . a— ffcWWHH'THWAttST. grf.c.cWiS'i'- gT TERMS—For the semi-weekly paper, published oxtrj Tuesday and Friday morning, "85 per annum «td for the weekly 83, all payable in advance. tr ADVERTISEMENTS are inserted weekly for 62 1-1 cent* per square; semi-weekly 4 62 1-2 cents for the flret, and 43 3-4 cents for each subsequent insertion, Ml monthly for 8 l v 00 per square for each insertion. For yearly advertisements private arrangements are M he made. l : A deduction is made on the advertise ■ants of public officers. 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-