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Till; r«\*TBT! Tlo\A LIST. « V P.C. GVIEV. 17* TERMS—For tlie semi-weekly paper, published every Tuesday and Friday morning, §5 per annum and for the weekly §3, ail payable in advance. 8T ADVERTISEMENTS are inserted weekly for 62 I*2 cents per square ; semi-weekly 62 1-2 cents for the first, and 43 3-4 cents for each subsequent insertion, and monthly for 1, 00 per square for each insertion. For yearly advertisements private arrangements are to be made. A deduction is made on the advertise ments of public officers, 17" Poslag s must be paid on letters of business. til - i■ SB . L [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