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[Correspondence of the Charleston Courier.]
SOUTH-CAROLINA CONVENTION.
COLUMBIA, MARCH 14.
At 11 o’clock, the Convention was opened with prayer,
by the Rev. Mr. Rceney.
The Ordinance, as reported yesterday, being the spe
cial order for to-day, was taken up lor consideration.
Mr. Stephen D. Miller addressed the Convention, and,
by his speech, complied with the resolution ol Mr. Wil
son. Mr. Miller reviewed the grounds which have so
long occupied the public mind in this State, .and other
States, commented at length on the ruinous effects of the
Tariff laws on the industry of the south, while they
served to enrich the north, took a retrospective view ol
the course which Soutii Carolina had pursued, to the time
of the Ordinance of Nullification, and stated the situa
tion of the State, in the view of the Congress of the Unit
ed States, until the passage of Mr. Clay’s hill in the Sen
ate. He adverted to the fret, that the bill of Mr. Ver
planck was laid on the table, in the house of representa
tives, in order to give consideration to the enforcement
bill, which had been sent from the senate. This, he
thought, did not savour of an c-ommodation to the re
quisitions of this State, and during the whole of these
proceedings, the South Carolina delegation had not in
terposed its opinion. lie believed, that the bill of Mr.
Verplanck, as at first, introduced, came up to the demands
•f the State, and if that bill had passed, the triumph
would have been more complete in reference to time.
He was not for destroying the manufacturing interests of
the country, and he was sure that the enlightened and li
beral citizens of this State, although they had suffered
very much by the burdens of the Tariff, and a great majo
rity of them had periled their all in the stand which the
State had taken; yet, he believed, they would bear him
out in the vote which he had given to Mr. Clay’s bill.
He conceived that this bill, in its principles, recognized
the Carolina doctrines, that it was a compromise of in
terests, that it was a healing of the wounds inflicted on
the South, that he had voted for it on these grounds; but
yet he did not presume to say, that the State Convention
was committed by his act, but was free to exercise its
sovereign will.
Mr. R. Barnwell Smith rose, evidently under great ex
citement. He raid that it had been but a very short
time since he had seen the report accompanying the
Ordinance ; that he had not examined it, but from what
he bad seen of it, he totally dissented from it. He was
•urc that the constituents whom he represented, never
would consent to the sentiments of that report. He
knew them too well, and was proceeding to animadvert
very severely on the report generally ; when Mr. VVilson
asked if the report was then before the Convention.
The Chair- The Ordinance is before the Convention.
The report contains the reasons which are submitted by
the committee, for the adoption of the Ordinance; and
the Chair deems a gentleman in order, and will permit a
latitude of debate, when, in staling his reasons in voting
for the Ordinance, he shall attempt to show wherein he
differs from the reasons of the committee.
Mr. § mith proceeded. He said, he was willing to
▼ate for the Ordinance, but not on the grounds stated in
the report. He called the attention of the Convention to
those words in the report, expressive of the ardent at
tachment of the people of this State towards the Union.
As for himself, he was not for such a union, and he was
likewise certain, that those who sent him there, were the
tarn* in sentiment. He said, that he would rather see
the whole State, from the Table Rock to Fort Moultrie,
a military camp, than for the State of South Carolina to
remain a member of the Union, such ns it is note and had
been for ten years. The Ordinance of November, had
required more than was granted by Mr. Clay’s bill, and
he was lor the whole requisition. He was unwilling to
recede one step ; and would never consent to vote for the
Ordinance before the Convention now, on the grounds
contained in the report. He did not view that bill as a
compromise, because it did not go far enough, and al
though he should vote for the Ordinance, yet he was un
willing that the report should be given to the world, as
containing the causes which induced South Carolina to
repeal her Ordinance. He rung several changes on the
words “ardently attached to the Union,” attempting to
chow wherein South Carolina had gained nothing by the
compact; and said that, so far as himself and constitu
ents were concerned, the report was untrue.
FRIDAY, MARCH 15.
The Convention was opened with a prayer from the
Fcv. Mr. English.
Mr. Harper, chairman of the sub-committee of twenty
one, presented a report, with an accompanying Ordi
nance on the late act of Congress for the collection of
the revenue, known as Mr. Wilkins’bill.
The Ordinance to repeal the Ordinance of November
last, being the order of the day, was taken up for consi
deration; when Mr. Miller went into an explanation of
what was termed a home valuation. He spoke briefly,
•and concluded, that there was not in this term, the dan.
gers nor difficulties, which some constructions had
placed upon it.
The Ordinance was then passed—yeas 155, nays 4
[The four nays were Edmund J. Felder, of Orangeburg;
■ T. J. Goodwin and R. P. M'Cord, of St. Matthew, and
Walter J. Phillips, of All Saints.] The report accom
psnying the Ordinance was now taken up for considera
tion, and having been read by the President, the question
was on its adoption, when Mr. R. B. Smith moved to lay
it on the table. After some remarks from Mr. C. J. Col.
cock, reply by Mr, Smith, and some observations by Mr.
Hamilton, the motion to lay the report on the table, was
lost; a few scattering yeas were heard.
The question then recurred on its adoption, and was
carried, the yeas and nays not being required.
SATURDAY, MARCH 16.
The Convention met pursuant to adjournment—and
prayer was made by the Rev. Mr. Jackson.
Mr. Wilson from the committee to engross the Ordi
nance, passed yesterday, reported it as ready for ratifica
tion. This Ordinance repeals the Ordinance of Novem
ber last, and all acts of the Legislature, passed in pursu
ance thereof, the Militia Law, alone excepted. He also
moved that it be signed, as was the Ordinance of Nullifi
cation, by the members who voted for it, as well as by
the President and Clerk, which motion did not prevail;
and Mr. S. D. Miller then moved that it only have at.
tached to it the signatures of the President and Clerk;
which was agreed to.
On motion, the Hon. Mr. Lewis, a member of Con.
gress, from Alabama, was invited to take a seat on the
floor of the Convention.
The Ordinance reported by Mr. Harper, to nullify the
late act of Congress, (known as Mr. Wilkins’ bill,) and
declaring the oath of allegiance to the State, was taken
up for consideration, being the special order of the day.
Mr. J.L. Wilson moved that the yeas and nays be taken,
and it being ordered,
Mr. R. W. Barnwell rose, and prefacing his motion
with some very liberal remarks. moved that the sections
•f the Ordinance, having relation to the oaih of allegi
ance, be stricken out: when Mr. Johnson moved that the
words “or appointed ” be introduced in the 19th line, af
ter the word “ elected ,” so that the section would be rem
dered, “ elected or appointed ,” which being agreed to
the question recurred on the motion to strike out the
three last sections of the Ordinance. The chair was
about to put the question, when Mr. J. B. O’Neale rose,
and gave his opinions on the inexpediency and ill tenden
cy of the creation of a new oath. He denied the of
the Convention in the matter; contended that the oath, as
prescribed by the Constitution of the State, covered all
the ground required by the new one; that a new enact,
ment on the subject would not be calculated t.i heal the
divisions of the State, which were now sufficiently wide.
He said he stood on his native Carolina, and he should
■peak the sentiments of a freeman, and he ardently trust,
ed, that he should be able to convince gentlemen of the
total inexpediency of this provision of ihe Ordinance. He
then proceeded to define what was the allegiance of a
Citizen. He showed that the oath required by Virginia
and Massachusetts, demanded no more of their citizens,
than does the present oath of this State of her citizens. He
stated that the public mind was not prepared ; that on
this subject there was much difference of opinion, even
among the majority ol the State, and he asked gentlemen
to pause. IV hat did they intend to do ? Were they wil
lingto add to the excitement ? Already were families
arrayed against families, father against son, brother
•gainst brother, and even the flame had been carried to
the Temple of God would such an enactment serve to
•xtmguieh the fire ? Would it make the opposers of it
- better citizens ? He theught not. He adverted to
the enforcement bill. For one, said Mr. O’Necle, I wish
it bad never passed ; but under present circumstances,
he thought it would not be acted upon ; it was a dead let
ter on the statute book. He gave it his disapprobation,
and as an individual he considered it unwise and impoli
tic—he thought one edause unconstitutional, and the
whole as granting powers which might hereafter be abus
ed. He concluded by a touching appeal to the Conven
tion, urging gentlemen to pause, ere they wer* too late,
and refer the enactment to the Legislature, where, in his
view, by the provisions o, the Constitution, it properly
belonged.
Mr. Harper followed, in a speech of considerable
length. He expatiated largely on the rights of the sov
ereignty of a State ; urged that in times like these, it was
necessary and expedient, that the State should know on
whom she could depend. He said he had no doubt of
the power of the Convention to pass the Ordinance, em
bracing the declaration of allegiance, which it con’ained ;
he urged the absolute necessity of such a declaration,
and said ti nt he did not wish to leave this Oath to the
Legislature, for it would be leaving it to chanc <*. He ad
verted to the meeting of the Union Convention in this
place, as evidencing, in a measure, the spirit of the op
posing party in the State ; .and said that the government
of the State had been very moderate in their course, and
instanced their tolerating the Meeting of the Union
Convention !I ! He spoke of Mr. Wilkins’ bill as aborn
inable, and calculated to subvert the liberties of tins
country. He thought the South yet in much danger—
the spirit of emancipation was abroad, and he s'-ouid not
he astonished, if, in another year, a revolution like that of
IBDO should take place.
Mr. Turnbull took the floor, and rendered to the re
marks of Judge O’Neale, a hiirh compliment. Spoke of
his warnatla of personal friendship to that gentleman —o!
the distinguished estimation in which he was held by
him, and very many others; of the pleasure which it
gave him to hear Mr. O’Neale, deliver the sentiments
which he had just given, on the bill of Mr. Wilkins. He
then adverted in an argument, long, but interesting, on
the topics which had occupied public attention for ten
years past. He urged very strongly the adoption of the
Ordinance, in all its provisions, and concluded in a very
strong appeal to the majority, not to suffer the moment to
pass, but to act up to the expectations of the people.
Mr. Phillips,ofChesterfield, replied to Mr. Turnbull,
and in consequence of some remarks which came from
Mr. T., relative to the Union Convention, said that he
would not yield his love for Carolina to that gentleman.
He never expected to hear the attachment of the Union
party to the State questioned, and least of all from that
quarter. He thought at least that the gentleman should
have spared the feelings of his opponents on that occa
sion, and considered the time rather for conciliation, than
an extension of the breach. He was surprised that such
sentiments should have escaped one, to whom he could
triumphantly exclaim, et tu Brute.! He would throw
the charge ofenmity and disloyalty to the State, into the
teeth of the gentlemen, and would tell them, that there
were men in that Convention, who would not suffer in
comparison with the proudest son of Carolina in this. He
asked if the opinion of seventeen thousand of his fellow
citizens were entitled to respect; and was he to be told
on that floor, that unless the party with which he had the
honor to act, did come forward, and bend to the opinions
of the majority, that they were to be deprived of their
rights and privileges. (Here Mr. Harper rose and ex
plained.) Mr. Phillips proceeded on the inexpediency
of the oath, and observed that, for one, he never would
take it. The L T nion party were decidedly attached to
the State—they sought to preserve the State by preserv
ing the Union—that the Union alone could preserve the
rights of the States, and disunion alone could force con
solidation on the broken section. If there was in his
heart a single hope, or wish, or feeling, inconsistent with
the honor and the welfare of South Carolina, he would
fear it from his bosom. He heard it said that the domin
ant party had shown great moderation and forbearance,
in suffering the late Union Convention to assemble here
“ nosing the Legislature,” as the gentleman (Mr. Har
per) had said. Was he to be told at this day, that gen
tlemcn of equal virtue and character as those composing
this body, representing 17,000 freemen, met to express
their opinions upon the acts of the Legislature only hy
sufferance! Was be to hear credit claimed for for
bearance towards an assemblage of so much respectabil
ity, and representing so many freemen, because they
were permitted to assemble and declare their sentiments
upon an act of the State government. But it was said
that this Convention should adopt the oath because it
had the power, and recommending its adoption to the Le
gislature, was leaving it to chance. It was for this very
reason it should be left to the Legislature. The people
had never had this question before them, and this Con
vention did not represent the people on that subject.
Would not the members of the Legislature also repre
sent the people ? This was the chance then to which
this measure would be left, to the chance that every re
publican would cheerfully submit it—to the chance which
was the basis of all republican institutions—the will of
the people. The chance was that the people might will
otherwise, and this they were not to be allowed to do.
He urged the pledge that the Convention had given, not
to interfere with the Constitution of the State—and said
this would be such an interference. He desired peace
and reconciliation —but for no purpose of advancement,
for he was from a district where the Union party had the
ascendency, and would maintain it. But he desired
once more to be able to take his old friends by the hand,
without feeling that there was something in the bosom of
each not as it used to he. He concluded by contending
that the Convention had no authority from the people of
this State, to interfere with the Constitution, as that
power was not delegated to them, nor were gentlemen
sent here to assume it.
Atthe close of the remarks, Mr. Samuel Warren mov
ed an adjournment to Monday, at 10 o’clock. This mo
tion was followed by a motion for a recess of two hours,
which latter motion prevailed, and the' Convention ad
journed to half past 5.
After recess, the Convention met, and after being
called to order, Mr. Wilson moved, that the Ordinance
and motion to strike out, be laid on the table, which was
carried almost unanimously.
The report of the Commutes on the Virginia Com
missioner, and the Resolutions submitted therewith,
were, on motion, taken up and read by the President ;
who that unless some gentleman should request
otherwise, he should put the question on them together.
Mr. Perry, from Greenville, rose and moved, that they
he considered separately ; on which, the President put
the question on the adoption of the Report, which w s
carried, with only a few noes in opposition. The Reso
lutions were then passed unanimously, and the word
“ unanimously,” ordered to be inserted in them.
Mr. Hamilton’s resolution, and Mr. Smith’s, as an ac
companiment, were then put for adoption, were carried,
and the Convention adjourned to Monday at 10 o’clock.
I have only time to add, that there is a great doubt
whether the declaration of allegiance in the Ordinance
will be sustained by the Convention. Much division
seems to exist. The nullifying part, however, will pass.
The speaking was fine, very fine, to day ; and as an ev
idence of the deep interest taken by a crowded auditory,
during the time occupied by the speakers, there was no
thing like disorder, but a seeming breathless attention.
In the course of some of the remarks of Judge O’Ncale
and Mr. Turnbull, there was a di: position to applaud by
persons in the gallery, which was however promptly
checked by the President, who, in the discharge of his
duties, exhibits an impartiality and dignity well assimi
lated to the responsible and elevated situation which he
eccnpies in the view of his fellow-citizens. Phe Con
vention will no doubt adjourn on Monday.
Judge Harper has said to Judge O’Neale since the ad
journment vesterJay, that he would himself on Monday
move resolutions recommending the oath to the conside
ration and adoption of the Legislature.
Report of the Committee on ihe Mediation of I irginia.
The committee to whom was referred the resolutions
of the General Assembly of Virginia, and the communi
cation of Mr. Leigh to the Governor of the State of
South Carolina, beg leave to
REPORT,
That although circumstances have supervened since
the institution of this commission on the part of the high
ly respected commonwealth from which it proceeds,
which have enabled this Convention to accomplish the
object which her Assembly so anxiously and patriotical
ly had in view, we are nevertheless sensible of tiie
friendly dispositions ol her good offices at a moment
when South Carolina, denounced by the Executive ot
the Federal Government, and threatened with an extre
mityof its vengeance, stood absolutely alone in the con.
test she was waging for the rights of the States and
the constitutional liberties of the Country.
To this interference and these friendly dispositions, S.
C. desires to respond to a sister, sovereign, and indepen
dent Commonwealth, in a tone of candor, confidence
and affection. Appreciating thus sensibly, both the mo
t've%and objects which influenced the General Assem
bly of V irginia, to despatch, at a moment so interesting,
her Commissioner to this State, whose mission, even if
the recent modification of the tariff had not been adopt
ed, would have challenged her high respect and profound
consideration, she cannot permit the occasion thus offer
ed to pass without making a few declarations which she
regards as due to herself and the public liberty of the
Country.
In the first place. South Carolina desires to stand ac
quitted, and believes on a calm and dispassionate refiec
tion by her co-states, she must stand acquitted of the
charge of having acted with any undue precipitation of
ihe controversy hitherto pending with the Federi Go
vernment. For ten years, she petitioned, protested, and
remonstrated against that system of unjust and ancon.
stitutional legislation which had equally received the re
probation of Virginia before she resorted to her veto to
forbid its enforcement within her limits. In exercising
this faculty of her sovereignty, she believed she rested
on those doctrines which in 1798 and 1799 had conferred
on Virginia and her distinguished Statesmen, a renown
so unfading. She now refers to this subject in no invid
ious spirit of controversy, but when Virginia asserted in
those memorable Resolutions of her General Assembly,
“ that she viewed the powers of the Federal Government
as resulting from the power to which the States are
parties as limited by the plain sense and intention of the
instrument constituting that compact, as no further valid
' than they are authorised by the grants enumerated in
that compact, and that incase of a deliberate, palpable,
and dangerous exercise of other powers, not granted by
the said compact, the States who are parties thereto
have the right, and are in duty bound to interpose for ar
res’ing the progress of the evil, and for maintaining with
in their respective limits the authorities, rights,and liber
ties appertaining to them,” we conceived she has done
nothing more or less than announce the remedy which
South Carolina has resorted to, through her State inter
position. It is moreover asserted in the report expl ina
tory of those resolutions, that this right is a constitution,
al, and not a revolutionary right, and by the whole con.
text of the powerful argument embraced in that report,
the right itself stands forth as separate and independent
of the ordinary remedies of procuring a redress for the
ordinary abuse of the federative government.
When therefore the General Assembly of Virginia, in
the recent resolutions, borne by her commissioner,
wh'ch your committee are now considering, declares
“ that she does not regard the resolutions of 1798 and
’99, as sanctioning the proceeding of South Carolina,
as indicated in the Ordinance of her Convention,” with
all the proper deference, South Carolina must neverthe
less adhere with an honest and ah'ding confidence to her
own construction. It is within the providence of God
that great truths should be independent of the human a
gents that promulgate them. Once announced, they be
come the subjects and property of reason, to all men and
in all time to come. Nor will South Carolina feel less
confidence in the conservative character of her remedy,
which she believes to be in perfect harmony with a true
exposition of the doctrines of the resolutions of 1798,
by the recent testimony afforded of its efficacy in a pa
cific accommodation of the late controversy with the
Federal Government, although that government has at
tempted to destroy the authority and effii iency of this re
medy, by the contemporary passage of an act perpetra
ting a worse and more aggravated outrage on the Con
stitution which has again demanded the interposition of
this Convention.
With this brief justification of the principles of South
Carolina, your committee fake leave of the subject, as
suring the ancient and distinguished Commonwealth,
whose mission has been borne by her Commissioner,
with an ability, temper and affection entirely correspon
ding with her own dispositions, that in the struggles for
liberty and right which we apprehend from the antago
nist principles now fearfully at work, between those
who support a limited and economical system of govern
ment, and those who favor a consolidated and extrav
agant one, which the States ina minority are destined
to wage, she will find in S. C. a faithful and devoted al
ly in accomplishing the great work of freedom and uni
on. If she cannot say, with Virginia, that consolida
tion and disunion are equivalent evils, because she be.
lieves with their own Jefferson, that consolidation is the
greatest of all political curses to which our federative
form of government can have any possible tendency, she
nevertheless affirms, and challenges the production of
any event in her history to disprove the declaration,
that she is devoted to the union of these States, on the
very terms and conditions of that compact out of which
the Union had its origin, and for these principles she is
prepared to peril at all times and under all circumstan
ces the lives and fortunes of her people.
Your committee conclude by recommending the adop
tion of the following resolutions.
Resolved, That the President of this Convention do
communicate to the Gov. of Virginia, with a copy of
this Report and these Resolutions, our distinguished
sense of the patriotic and friendly motives which actua
ted her General Assembly in tendering her mediation in
the late' controversy between the General Government
and the State of S. Carolina, with the assurance that her
friendly councils will at ail times command our respect
ful consideration.
Resolved, That the President of this Convention
likewise convey to the Governor of Virginia, our high
appreciation of the able and conciliatory manner in winch
Mr. Leigh has conducted his mission, during which he
has afforded the most gratifying satisfaction to all par
ties, in sustaining towards us the kind and fraternal re
lations of his own State.
Mr. Hamilton's Resolution .
Resolved, That whilst this convention, as an offering
to the peace and harmony of this Union, in a just re
gard to the interposition of the highly patriotic com.
i momvenlth of Virginia, and with a proper deference to
, the united vote of the whole southern states in favor of
■ the recent accommodation of the tariff', has made the late
1 modification of the tariffapproved by act of congress of
the 2d March, 1833, the basis of her repeal of her ordi
f nance of the 24th November, 1832—Yet this convention
• owes it to itself, to the people they represent, and the
posterity of that people, to declare that they do not, by
reason of said repeal, acquiesce in the principle a? the
substantive power existing on the part of congress to
protect domestic manufactures ; and hence, on the final
adjustment, in 1842, of the reductions, under the act of
2d March, 1833, or at any previout period, should odious
discriminations be instituted for the purpose of continu
ing in force the protective principle, S. Carolina will
feel herself free to resist such a violation of what
she conceives to be the good faith of the act of the 2d
March, 1833, by the interposition of her sovereignty, or
in any other mode she may deem proper.
Mr. Smith's Resolution.
Resolved, That it is the opinion of this convention,
that the military preparations heretofore began by the
state should be continued, and that effectual measures
should be adopted and completed, for putting the state
in a firm attitude of defence.
Report on the Force Bill.
The committee to whom was referred the act of the
congress of the United States, entitled “ An act fur
ther to provide for the collection of duties on imports,”
beg leave to
REPORT:
That they have, so far as time would allow, consider
ed the act with such attention, as the importance of the
matters contained in it would seem to require. At the
present moment, when a question, which has so long
divided and perplexed the country, has been adjusted,
on terms calculated to quiet agitation and restore har
mony, it would have been a matter of peculiar gratifica
tion to be able to indulge, without restraint, the feelings
which such adjustment was calculated to excite. But
your committee regret to say, that at the moment of re
turning peace, the most serious and alarming cause of
dissatisfaction has been afforded by the act under consi
deration. Your comi-ittee do most solemnly believe
that the principles sought to be established by the act,
are calculated when carried into practice, to destroy
our constitutional frame of government, to subvert
the public liberty, and to bring about the utter ruin
and debasement of the Southern States of this confede
racy.
The general purpose of the whole act, though not ex
pressed in the terms of it, is perfectly well known to
have been to counteract and render inefficacious an act
of this state, adopted in her sovereign capacity, for the
protection of her reserved rights. Believing, as we
most fully do, that the power attempted to be exercised
by the state, is among the reserved powers of the states,
and that it may be exercised consistently vith the con
stitufion of the United States, an opinion formed by the
good people of this state, upon the fullest and most
careful consideration, and expressed through their dele
gates in convention, your committee must, on that ground
alone, have been convinced that the purpose of coun
teracting that act, and the means by which it is sought
to be counteracted, are unauthorized by the constitu
tion. We think that this will become more apparent
by attending to the leading provisions of the act of
congress.
The act gives to the President of the United
States, for a limited time, an almost unlimited pow
er of control over the commerce of the whole LTni
ted States; though certainly the power was only
contemplated to be exercised against that of South
Carolina.
It exempts property in the hards of the officer of the
revenue, alleged to he detained for enforcing the pay
ment of the duties, from liability to the process of the
state courts.
It exempts a class of persons residing within the
state —officers of the United States, and persons
employed by them, or acting under their direction,
or any other person prefessing to act in execution
of the revenue laws—horn all responsibility to the
State laws, or State tribunals, from any crime or
wrong, when it is alleged that the act was done in
execution of the revenue laws, or under color there,
of.
It gives to the srme class of persons the right
to seek redress for any alleged injury whatever,)
either to p^ 3oll or property, however foreign to the
proper subjects of the jurisdiction, in the courts of
the Un?<ed States; provided the injury be received in
consequence of any act done in execution of the reve
nue laws.
It directly supposes all the courts of the state to
be inferior and subordinate to those of the United
Stales, and provides for rendering them so, by directing
to them the writ of certiorari superseding their juris
diction.
It affects to limit and control the juri .diction of the
courts of the state; providing for the removal of causes
from their cognizance; declaring their ju gments void,
and providing for the discharge of persotif confined un
der their process.
Is tyrannically provides tor rendering p rsons liable
to punishment for acts done by them in execution of
the laws of the state, and the process o 'ts courts,
to which they are bound to yield obedience, and which
they are compelled, under the highest sanction, to en
force.
It not only provides for the punishment of per
sons thus acting by the civil tribunals, but authorizes
the employment of military force, under color of exe
cuting the laws of the United States, to resist the exe
cution of the laws of the state ; superseding with the
quick execution of the sword, the slower process of
courts.
The act authorises the confinement of persons in unu
sual places ; which can only mean on board ships ; in
which persons from the most remote parts of the state
may be confined.
Tiie committee believe that all these positions are
distinctly sustained by the act in question. By the con
stitution of the United States, t ie power to regulate
commerce, is given to congress. It is an important por
tion of the legislative power, and as legislative power,
is incapable of delegation. Congress has, however, in
effect delegated to the President, the power to abolish,
at his discretion, any port of the United States, or inter
rupt or destroy its commerce. This may easily be ef
fected, under the authority to remove the custom house
to any port or harbour within the collection district, by
fixing it at inconvenient or inaccessible places. To say
nothing of the unusual and tremendous character of this
power, which New-York or Philadelphia might perhaps
apprehend, if there were any expectation of its being
exercised with respect to them, and the enormous abuse
to which it is liable, does the constitution contemplate or
authorize, the delegation of this discretion to an indivi
dual ? If it were exercised, it would be a plain violation
of that part of the constitution which directs that in re
gulations of commerce, no preference shall be given to
the ports of one state over those of another. The same
inequality is occasioned by directing the payment of
cash duties. It is vain to say that this has been render
ed necessary by the act of the state, and without it, the
collection of the revenue would be impracticable.
Whatever latitude may be allowed in the selection of
means necessary and proper to carry into effect the
granted powers of Congress, we believe no one has
yet imagined, that a plain provision of the constitution
may be violated, as a means of carrying into effect a
power granted by another provision. Although we may
concede the power of Congress for sufficient cause and
in good faith, to abolish one port of entry and establish
another, yet we of course cannot concede that it may
delegate this power, or that the sovereign act of the
state, for the vindication of her reserved rights, consti
tutes sufficient cause, or that this act has been done in
good faith.
The provisions of the act. that all property in the hands
of any officer or other person, detained under any reve
nue law, shall be subject only to the orders and decrees
of the Courts of the United States, plainly enacts, that it
shall not be subject to any process, order or decree, of
the courts of tiie State. We have heretofore been accus
tomed to regard our superior courts as having jurisdiction
over all persons and all property within the limits of the
State. This jurisdiction is of course superseded, when
ever any other court of concurrent jurisdiction has pos
session or custody of any cause or any property. But
that a ministerial, executive officer, or that property in
his hands, should be exempted from the jurisdiction or
authority of the state courts, we believe to be unprece
dented in our legislation, and without any shadow of con
stitutional authority. One of the most extraordinary and
exceptionable provisions of the act, appears to be that
authorizing the removal, previous to trial, of suits or pro
secutions from the State Courts, upon affidavit made,
and a certificate of the opinion of some counccllor or at
torney to,the same effect, that the suit or prosecution
was for or on account of any act done under the revenue
la,ws of the United States, or under colour thereof, or for
or on account of any right, authority or title, set up or
claimed by any officer or other person, under any sucli
law of the United States. If there bo any violation of
the law of the State, if there be a wrong done to person
or property within the limits of the Stare, have not the
Courts of the State jurisdiction in that matter ? Py what
authority does the Congress of the United States limit
jurisdiction? What shadow of constitutional provision
is there to sanction this most flagrant usurpation ? True
such a violation of the law of the State may sometimes
be justified ns being done in execution of a constitutional
law of the United States; but this is a matter of defence,
and to be tried ns every other defence is to he tried, and
can have no effect in ousting the jurisdiction or in giving
to the Courts of the United States original jurisdiction of
offences against the State laws. So any person is au
thorised to bring suit in the Courts of the United States
for any injury to person or property, for or on account of
any act done in execution of the revenue laws. The
constitution gives to the Courts of the United States ju
risdiction of all cases in Law and Equity arising under
the constitution and laws of the United States. An as
sault on the person or trespass to property is a violation
of tiie laws of the State. Can it make a difference that
a violation of the State law was provoked by an act done
under color of executing the law of the United States?
The protection of persons ami property has heretofore
been supposed the province of the States. In assuming
to itself this new function, the Federal Government indi
cates most clearly its tendency to engross all power and
control all State authority.
It is plain, likewise, from the various provisions of
the act, that such suits are intended to be allowed a
gainst persons acting in execution of the process of the
State Courts. Judgmenlsel'these Courts are declared
to be void, and persons and property exempted from
their jurisdiction.
It is not only one law, but part of the law of the civil,
ized world, that the judgment of a Court of competent
jurisdiction is valid until it be reversed by a competent
authority. The judgment of a Superior Court of general
jurisdiction, can never be void for want of jurisdiction.
When there are courts of concurrent jurisdiction, that
which obtains possession of the cause is entitled to retain
it; its process must he respected, and all other jurisdic
tion is excluded. It is true that the judgments of courts
of limited jurisdiction (and such are the Courts of (he
United States, and so they themselves have determined)
are void, if the jurisdiction be transcended. This dis.
tinction would seem to determine whe'her sovereignty is
to be attributed to the State or to the Federal authority.
Hitherto, it has never occurred to any one to doubt that
an officer, acting in execution of the process of a court of
general jurisdiction, and all persons acting under his di
rection, are exempted from all responsibility for that
act. He is bound, under the highest sanction, to execute
that process; and shall he be punished for performing his
duty ?
If this act were submitted to, the entire administration
of the criminal justice ofthe State might be interrupted,
and it is not too much to say, that the State governments
would be rendered impracticable. The worse criminal
—one stained with the guilt of murder—upon making an
affidavit, which, no such criminal would hesitate to make,
and procuring a certificate, which any criminal might
easily procure, would be able to elude the criminal
justice of the State. His cause must be removed to the
Federal Court; and when upon his trial it shall appear
that his act was not done in execution of the law ofthe
United States, your committee do not perceive what
other consequence can follow, than that he must be ac
quitted and go with impunity.
Having taken this view of the provisions of the act in
question, the committee would submit to the solemn con
sideration and determination of this Convention, whether
they do not effect an entire change in the character of
our Constitution, and will not, when carried into pratice,
abolish every vestige ofliberty, and render this an ab
solute, consolidated government, without limitation of
powers. It has been truly said if these things maybe
done, tbe most solemn acts ofthe highest authorities of
the State maybe regarded as the unauthorised proceed
ings of individuals ; the courts ofjustice may be shut up ;
the Legislature dispersed, as a lawless mob, and we,
ourselves, representing, as we vainly believe, the sove
eignty of the State, called to answer for what we have
said and done on this floor, at the bar of a Circuit Court
of the United States. Is this an exaggerated picture ?
Let us examine it a little more closely. If these pro
visions may be made to enforce the execution of the re
venue laws of the United States, they may be made to
enforce any other act which Congress shall think proper
to pass. No matter how- oppressive, how clearly un
constitutional, there is no power in the constituted au
thorities of the State to resist it. If one class of cases
may be removed from the jurisdiction of the State courts,
any other class, subject to the discretion of Congress,
may be likewise removed. If the process of the courts
be void, and the officer executing it, and those acting
under his direction, responsible civilly or punishable
criminally, the Judge who directed the process must be
1 answerable in like manner. He was equally without
authority, ar.J having commanded the act, is a partaker
ofthe guilt. The Legislature who commanded the act
of the Judge, and the Convention of the people, in ob
edience to whose mandate every thing was done, must
have the same participation. If the sheriff and his posse,
obstructing the execution of the Revenue laws, may
constitute that unlawful combination and assemblage, on
being notified of which, the President is authorised to use
the military force of the United States to disperse them,
then the Courts, the Legislature or the Convention, in
obedience to whose authority alone the Sheriff' acts, and
who are the efficient causes ofthe obstruction, areas,
semblagcs of similar character, and may be dispersed by
Military force. The whole purpose of the act is to con
found the acts ofthe constituted authorities of the State,
however solemn and well considered, with toe lawless
and irregular acts of individuals or mobs. The certain
effect of it must be, to restrain the states fiom the ex
ercise of any other authority than such as Congress, or
the sectional majority represented in Congress, shall
think fit to permit them to exercise, and to ensure the
enforcement of every law which that majority may think
proper to enact. If involves the cruelty and absurdity
of making the community, and the individuals of the
community; punishable for their acts in odedience to the
laws of their Government; an obedienc from which they
cannot exempt themselves unless they absolve them
selves from their allegiance by self-banishment.
That the object of many of the politicians who sup
ported this bill—the politicians of that majority in whose
hands all power will be—is to establish a consolidated
government, is now hardly or at all disguised. Ihe chi
mera of a government partly consolidated, partly fede
rative, is now scarcely contended for. Ihe same class
of politicians have always had in view the same object.
It was attempted to be effected in the Convention which
framed the Constitution of the United States. The at.
tempt was there foiled. After the formation of the go
vernment, those who affected consolidation, assumed
the term “ Federal,” and denied that the opinions held
by them led to that result. The possession of power,
however, developed their views, and the first marked in
dication of their disposition to engross the powers of the
States, and meddle with their internal concerns, was af
forded by the alien and sedition laws. This attempt
was so strongly rebuked by public opinion, which led to
the change of the administration in 1800, that the hopes
of consolidation seemed abandoned forever. They re
mained dormant, until revived by tbe agitations spring,
ingoutof our late protecting system. It was perceived
that nothing less strong than a consolidated government
could sustain that system of iniquity. Gradually we
have been told that the States have parted with a por
tion of their sovereignty; then, that they were never so
vereign ; until at length, availing themselves of the ex
citement of a particular crisis, and passion for power,
and the influence of an individal, the act before us has
been passed, sweeping away every vestige of S tate so
vereignty and reserved rights, or causing them to be
held at the mercy of the majority, compared to which
the alien and sedition laws sink into measures harmless
and insignificant.
And what is it to the Southern States, to be subjected
to a consolidated government ? These States constitute
a minority, and are likely to do so forever. They differ
in institutions and modes of industry, from the States of
- majority, and have different and in some degree in
compatible interests. It is to be governed, not with re
ference to their own interests or according to their own
habits and feelings, but with reference to the interests
and according to the piejiuliccs of their rulers, the ma
jority. It has been truly said that the protecting system
constitutes but a small part of our controversy with the
Federal Government. Unless we can obtain the recog
nition of siime effectual constitutional check on the usur
pation of power, which can only he derived from the so
vereignty of the States, ami the right to interpose for
the preservation of their reserved powers, we shall ex
perience oppression more cruel and revolting than this.
While there remains within the States any spirit of
liberty, prompting them to repel Federal usurpations,
one of the most obvious means to break that spirit and
reduce the State to subjection, will be that which has
been attempted by the Act before us. It will be to
create or to sustain by the patronage of government or
other means, a party within the State, devoted to Fed
eral power, exempted from responsibility to the state
authorities, and having power to harrass and degrade the
state authorities by means of the tribunals of the Uni
ted States. Thus will be created a government within
a government, with all the consequences which experi
ence informs us are likely to arise from that state of
things, and such as did arise from the independent eccle
siastical jurisdictions established within the governments
of Europe. The federal governments will interfore with
every department of the State governments; it will in
fluence elections ; it will raise up and put down parties,
as they shall be more servile to its will. Pretext for in
terference will never be wanting. Already has it been
said that ours is no longer a republican government, be.
cause the State in vindicating its sovereignty has refused
to entrust with any portion of its authority, those who
deny or refuse to recognize that sovereignty. Other
classes of individuals might be found within the State
whom it might suit the majority to suppose disfranchised
in derogation of true republican principles, and to require
their interference and protection. This interference
will be practised at first with moderation, and with some
apparent respect for the rights ofthe State. Gradually,
as the power of the government shall be established, and
the Southern States become weakened and less capable
of resistance, the shew of moderation will be thrown
off. Thus the peace of those States will be embroiled ;
their prosperity interrupted, their character degraded,
until in the natural progress of things, your committee
think it not too strong to say, that they will be more mis
enable ; more utterly enslaved ; more thoroughly debas
ed, than any provinces that have ever been rendered sub
ect by the sword.
i In alluding to the oath which the State has heretofore
thought proper to exact of its citizens, and to one some
what similar, which the Committee propose to recom
mend, they think proper to disclaim, as they do most sol
cmenly disclaim, on behalf of themselves and the Con
vention, that this or any other measure which the Con
vention has adopted, has been adopted upon mere party
views ; to secure party ascendency, or gratify party re
sentment. They appeal to God, that their only object
has been to vindicate their rights and liberties, and the
common liberties of the whole South. This object they
have pursued in singleness of purpose; though exposed
to much obloquy—threatened with much danger, and
discountenanced by those from whom they had a right
to expect support. They have never sought to endanger
this Union ; but to perpetuate it by rendering it compati
ble with, and a security for liberty.
The firmness of the State seems, at length, in some
degree, to have triumphed. But let it be recollected
that the moment of triumph is commonly one of danger.
Let it be kept in mind, that this is not a contest ended,
but a contest not more than began, and not to be deter
mined till this act shall cease to disgrace the Statute
Book. Let this contest be carried on firmly, steadily,
without passion and without faultering. If the vigilance
of the State should relax ; if it should cease to raise up
barriers against the head of usurpation, which threatens
to overwhelm us, —the torrent will break loose, and
sweep our liberties along with it. Let every man con
sider this his own peculiar business. If liberty be sa
ved, every thing is saved ; if liberty be lost, every thing
is lost.
As the provisions of the act have reference only to cer
tain acts of the people and Legislature of this State,which
have been suspended by the late modifications ofthe
Tariff, it could not have been contemplated that it should
have any immediate operation. And your Committee
doubted whether, regarding it as merely a menace, they
should recommend any action upon it, or only, that the
sentiments of the Convention should be expressed in re
gard to the princidles it contains. But most of its provi
sions are made permanent, and may be put in practice
on some future occasion. The Comm ttee cannot doubt
that it expresses the true principles of many of those
who voted for it, and who will seek occasion to reduce
them to practice. As a precedent, it is most dangerous.
Tiie vote on the very Act, shows how little is to be ex
pected from a majority. It is incumbent on South Car
olina, unsupported as she is, to take care that no Federal
authority unauthorized by our Federal compact, stall
be exercised within the limits ofthe state, until a return
ing sense ofjustice, and constitutional obligation in the
majority, shall afford hope of a Government content to
confine its action to its proper objects.—For the purpose
of providing that the Act shall never have operation or
effect within the limits of the state, the Committee beg
leave to report the following Ordinance :
ORDINANCE.
We the people of the State of South Carolina in Con
vention assembled, do declare and Ordain that the Act
of the Congress of the United Skates, entitled “ an Act
further to provide for the collection of duties on im
ports,” approved the 3d day of March, 1833, is unautho
rized by the Constitution of the United States, subver
sive of that Constitution, and destructive of public liber
tv, and that the same is and shall be deemed null and
void within the limits of this .Skate : and it shall be the
duty of the Legislature, at such time as they may deem
expedient, to adopt such measures and pass such acts as
may be necessary to prevent the enforcement thereof,
and to inflict proper penalties on any person who shal l
do any act in executioner enforcement of the same with
in the limits of this .S'tale.
We further ordain, that no person who shall be here
after elected or appointed, or who has heretofore been
elected but has not yet taken the oaths of office required
t the time of his election or appointment to any office i
civil or military within this Stale, (mcu.'» , /tlu W I’
gislature alone excepted) shall enter on the execution of I
such office or be in any respect competent to discharge 1
the duties thereof, until he shall have taken in addition ■
to the oaths of office now required, at the same time, 1
and in the same manner that such oaths are required to f
be taken, the following oath of allegiance.
“I declare myselt acitizen of the free and sovereign
State of South Carolina ; I declare that my allegiance
is due to the said State, and heiehy renounce and abjuro
all other allegiance incompatible therewith, and I will
be true and faithful to the said State, so long as I contin
ue a citizen thereof—So help me God.”
And it is further ordained, that if any officer hereto
fore elected or hereafter to be elected, shall refuse or
neglect to take the aforesaid oath, within the lime that
other oaths of office are required by law to be taken, >
such office shall be considered vacant, and the Governor
of the State shall proceed (except in the instance of
Judges of the State) to fill such vacancy by appointing
an officer, to serve until another officer shall be elected
and duly qualified.
A I’ 5 I S T A ;
Friday Morniug, Jlarch 92, 1533.
| IT We give in other columns, the proceedings of the
South Carolina Convention to Saturday last. It is re
ported that the Convention adjourned on Monday last,
after adjourning Nullification sine die.
We have received the speech of Mr. Webster, in re
ply to Mr. Calhoun’s. As soon as we can, we shall lay
before our readers that speech, as well as those deliver
ed by the Representatives of Georgia, whenever they «
come to hand.
After we have published all this matter, we shall havo
room for remarks upon the proceedings of the late session
of •"> ngrcß', and upon other occurrences connected with*
the crisis in the political affairs of the country.
REDUCTION CONVENTION.
We would remind the voters of Georgia, that next
Monday week is the day appointed by the Legislature, ’
for the choice of Delegates to the Convention, which is
to meet at Milledgeville on the Ist Monday in J/ay next.
CiIEKOKEE circuit. (
We published in our last, the names of the officers
elected for the counties ofCherokee, Lumpkin,Cass, and
Gilmer. We give below the names of the officers elected
for the counties of Paulding and Floyd. The counties
of Forsyth, Union, Cobb, and Murray, to be heard
from.
PAULDING COUNTY.
Joel D. Hicks, Clefk Superior Court; Elisha Crooks,
Clerk Inferior Court] Win. J. Iloge, Sheriff*; W. G.
Dothat, Surveyor.
FLOYD COUNTY.
Ed w. G. Rogers, Clerk Superior Court; P. W. Hemp 1
hill, Clerk Inferior Court; Andrew H. Johnston, She.
riff; John Smithwuk, Surveyor; Lemuel Milligan, Co
xoner.
FOREIGN.
The arrival at New York of the ship Philadelphia, from
London brings dates of that city to the 19 1 hos January.
Accounts from Naples, to the 23rd ult. state that the
two previous days, the eruptions of Mount Vesuvius had
been most violent. Continual explosions were plainly
heard at Naples.
The Kritish Parliament was to have assembled on tho
29th January.
The property destroyed during the recent dreadful fire
at Liverpool, is now estimated at a quarter of a million
of pounds sterling. The insurance on it does not exceed
.£140,000.
LIVERPOOL, JAN. 17. — Cotton. —The sales to-day j
comprise 1000 bags Brazils and Egyptians ; 1000 in ail >
descriptions of American, from to Bd. making a total
of upwards of 2000 bales.
Portugal. —The brig Celvidera, arrived at Alexatt
dria, from Lisbon, sailed on the 14th ult. Capt. Fletch
er informs the editor of the Alexandria Gazette, that on 5
English fleet lay off* Oporto, and that it was reported that
the English and French intended to interfere—depose % *
Don Miguel—remove Don Pedro from the country—in
stitute a Regency, and have Donna Maria proclaimed
Queen of Portugal. It was expected that this movement
would be made in a few days. The country was in a
most restless and unsettled condition, and some of the po
pulation in a stale of starvation. Flour was- selling at
$22 per barrel.
Flit ITS OF NULLIFICATION.’
We copy from the Athens Banner of last Saturday,
the following “ fatal and melancholy transaction.”
“ A rencontre between Col. Findlay Stewart and a
Mr. Leonard, took place at Fayetteville, Fayette Coun
ty, in this State, on Friday evening the Ist inst. which
terminated in the death of the latter. The following are | ,
the particulars of this unfortunate affair, as furnished by **
a private letter from Fayettevil c. Col. Stewart it ,«
seems, called at a tavern late in the evening to see some
travellers who had just arrived, where he found Mr,-
Leonard. Shortly after his arrival the conversation *
turned upon the subject of nullification, which became
warm, and eventually personal. Mr. L. struck at
Col. Stewart with a knife, which Stewart warded off \
with his umbrella, lie then raised a chair, and in the
act of striking, Steward shot him dead ! Thus has been I
offered up another victim on the bloody altar of millifi- J
cation! We have long been acquainted with Col. S., ho *
has always supported the character of a peaceable, I t
temperate, and steady man. Mr. Leonard was, we un>-
derstand, from South Carolina, and had only resided l|
about a year in Fayetteville, where he had established ld|,
himself in the profession of the Law. Col. S. was ad- f j
mitted to bail, and will probably be tried at the next Fa- ■ It
yetle court, which commences on Monday next.”
Miscellaneous Items.
The Charleston Board of Health reports tho death of <■*
seven persons in that city during the week ending on the \
17th inst. 5 whites and 2 colored—three of the whites by (
consumption. |j
Seventeen closely printed columns of the Nat. Intelli
genccr ofthe 12th inst. are filled with the Minority Re.
port of the Committee on Manufactures, signed by John /
Quincy Adams and Lewis Condict. The editors consi- k
der it one of the best papers which the late session of
Congress has produced.
From Mexico. —Gen. Santa Anna retired to his estate
in Magna Clave, on the 21st Jan. having published a des
patch the day before, in which, after strenuously recom
mending obedience and submission to the constitutional
laws, promulgated his determination to exchange tho
sword for the plough, provided liberty marched firmly in
her course.
The Grand Jury of Newport, R. I. have found a true ,
bill against the Rev. Mr. Avery, for the murder of Sa- .
rah M. Cornell. His trial will take place on the first |
Monday in May next. I
The Frankfort, Ken. Argus, states that T. P. Moore, .
at present Minister to Columbia, who is expected home
shortly, will be a candidate for Congress from the Mer
cer congressional district.
The Hon. Jon Quincy Adams is announced as a candi
date for Governor of Massachusetts.
It is stated that the Secretary ofthe Treasury has set
tled the disputed point respectiug the duty on merino
shawls, and decided that they are to be admitted at ten per
cent, until the 31st December next, and afterwards free.
The Governor of Connecticut has issued his proclama
tion, appointing Friday, the sth day of April, as a day of ' f
Fasting, Humiliation and Prayer.
An act for the entire abolition of Lotteries, after the ,
31st day of December next, has passed both branches o<* I
the Pennsylvania Legislature. i
The Baltimore Chronicle says that Duff Green put the |
Telegraph in mourning because Nullification is dead.
It is stated in the New-York Commercial Advertiser J
ofthe Bth inst. that the ship Gov.Troup, burthen 500 tons, A
was to have been lancbedon the morning ofthe 9th inst.
She is intended as a regular packet between Darien and f
Liverpool. M
The Salem Gazette, in reference to Gen. Hamilton’s W t
Sugar, which is now safely deposited at Fort Moultrie,
in Charleston harbor, pleasantly says—“ When Governor k
Hamilton takes from the cuktom house his Sugar, he
will find it Clay.ed,"
M ‘ ■
il