moved for judginent under the 65th section of the revenue act of 1799, on the ground that the defendants had not alleged an error in the assessment of the duties of which the collector had notice.

The counsel for the defendants then moved that the defendants have leave to plead.

Mr Holmes, for the defendants, insisted that they had a right to put in any plea that the defence should require. That the very institution of a proceeding by suit, carried with it the incidents of a suit, and that pleading was one of those incidents. That the exception in the act of 1799, had reference solely to a motion for continuance, and that any other construction would be an infringement of the right of jury trial.

Mr McDuffie followed, on the same side, repeating and enforcing the objections urged by Mr Holmes, and claim. ng the right of going to the jury, as the only satisfactory mode of deciding the constitutional question.

Mr Petigru, for the United States, admitted that the defendants were entitled to file any plea that would present an issue of fact for the jury; but that it was too obvious to admit of doubt, that the design was under the show of pleading to transfer the real point in dispute from the judge to the jury; which could not be permitted. His honor the judge, having decided that the defendants were at liberty to plead, they immediately filed the plea of non est factum; on which issue was joined, and the cause submitted to the jury.

The district attorney then proved the execution of the bonds. The defendants then called a witness, and asked him the question, whether the bonds had not been given for duties imposed by the tariff of 1828? This question elicited the main argument on both sides.

The United States counsel objected that the testimony could not be admitted under that plea. The objection was urged by Mr Petrigu, and sustained by the most luminous view of the subject, aided by the decided cases in England and this country. Mr McDuffie replied at considerable length. His honor ruled that the testimony was not admissible.

The defendant's counsel then varied their motion in form, by asking leave to go into evidence of the want of consideration for the bonds; on the ground of having given notice of such defence before trial; but the court thought that this motion could not be distinguished from that which had been previously decided.

After the conclusion of the argument the court, in its charge to the jury, briefly stated to them that it was a suit on a bond that the execution of the bond had been duly proved and that there was no evidence before the court and jury to invalidate the bond.

The jury found for the United States the amount of both bonds.

Judge Lee delivered a few days afterwards an elaborate opinion, in which, after examining the whole subject, he decided that the defendants under the plea of non est factum, could not go into evidence impeaching the validity of the bonds.

This decision was declaimed against, as another instance of tyranny on the part of the federal government; and at the next session of the legislature, a law was passed, permitting evidence to be given in the state courts, under the general issue, for the purpose of showing the consideration for which a bond was given.

Another law was passed, laying a tax of two per cent upon the United States bank stock, and upon all stock of moneyed incorporations without the state. A bill to transfer the election of presidental electors to the people was rejected.

The complexion of the legislature in which the choice was vested, had become decidedly unfriendly to the re-election of General Jackson and a letter of his to certain members of the union party, dated June 14, 1831, in which he had disapproved of the movements of the nullifying party, was mentioned in the message of the governor to the legislature. It was referred in the senate to a committee, which made an elaborate report upon the subject. This report concludes with two resolutions, one affirming that the President's letter' is at once at variance with his duties and the rights of the State,' and the other, that whether the threat contained in the letter (to enforce the laws by military power,) was aimed at the freedom of discussion, or at the sovereign authority of South Carolina, it is equally entitled to the decided reprehension of this legislature, and is incapable of exciting any other than an augmented resolution to maintain inviolate the federal principles of the compact. The report pronounces the threat equally impotent and unwise,' and denies that the President, or even Congress itself has any power to call out the military of the State,' for the purpose of enforcing a law 'passed on dubious and disputed authority.'

The President's Message to Congress having been received during the session, when this report came up to be acted upon, the following resolutions were adopted:

Resolved, That the letter of the President of the United States is an unauthorized interference in the affairs of the State; that the principles advanced in it are incompatible with the constitution, and subversive of the rights of the States; that the threatened course of Executive conduct would, if acted upon, destroy the liberties of this country; and a threat is of dangerous precedent, and highly repulsive to the feelings of a free people.

Resolved, That while the legislature has felt bound thus to notice the letter of the President, it has no desire to array itself in hostility towards him; but, on the contrary, at this moment entertains feelings of gratification in considering the late message of the President as affording indications of a change of opinions more favorable than heretofore to the principles maintained by this State.'

At a caucus meeting of the members of the legislature, called on the 29th of November, an attempt was made to nominate General Jackson, as the candidate of South Carolina, for the Presidency. This motion was acceded to by fiftyeight members, but in the representative hall, where eightysix members were present, the following resolution was unanimously adopted:

Resolved, That the State of South Carolina, being engaged in a contest for great constitutional rights and interests of paramount importance, it is inexpedient at this time to involve her in the struggles of the Presidential election, or to pledge her to any particular candidate.'

The whole number of acts passed at the session of 1831 was 32, and after the adjournment both parties exerted themselves to obtain an ascendency in the next legislature.

After a vehement contest this ascendency was obtained, and Governor Hamilton immediately issued his proclamation convening the legislature to meet on the 22d of October, the constitutional time of meeting being the 4th Monday of Nov. in each year.

Upon the meeting of that body, the Governor addressed a message, stating that he had called them together for the purpose of vindicating the reserved rights of the State, and the legislature,

with great promptness, by a vote of 31 to 13 in the Senate and of 96 to 25 in the House, passed the following act.

'Whereas, the Congress of the United States bath on divers occasions enacted laws laying duties and in posts for the purpose of encouraging and protecting domestic, or American manufactures, and for other unwarrantable purposes, which laws, in the opinion of the good people of this State, and the legislature thereof, are unauthorized, by the constitution of the United States, and are an infringement of the rights reserved to the States respectively, and operate to the grievous injury and oppression of the citizens of South Carolina.-And, whereas, to the people assembled in convention it belongs to determine the character of such acts, as well as the nature and extent of the evil, and the mode and measure of redress.

'Be it further enacted, by the Senate and the House of Representatives of the State of South Carolina, now met and sitting in general assembly, and it is hereby enacted by the authority of the same, That delegates of the people of the said State shall be assembled in convention, at Columbia, on the third Monday in November next, then and there to take into consideration the several acts of the Congress of the United States, imposing duties on foreign imports for the protection of domestic manufactures, or for other unauthorized objects; to determine on the character thereof, and to devise the means of redress and further in like manner to take into consideration such acts of the said Congress laying duties on imports as may be passed in amendment of, or substitution for, the act, or acts aforesaid, and also all other laws, and acts of the government of the United States which shall be passed, or done, for the purpose of more effectually executing and enforcing the same.

Sec. 2. And be it further enacted by the authority aforesaid, That on the second Monday in November next, and on the day following, the managers of elections for the several election districts and parishes, in this State, shall, after giving public notice, as in the cases of elections for members of the legislature, open polls, and hold elections in their respective districts, and parishes, in all respects, in the same manner, and form, and at the same places, as elections are now conducted for members to the legis lature, for delegates to the said convention, and all persons who are qualified,

and entitled by the constitution and laws of this State to vote for members to the legislature, shall be qualified, and entitled to vote for said delegates to the said convention; and in case of any vacancy occurring by death, resignation, removal from the State, or refusal to qualify any person elected as a delegate to said convention, the presiding officer of the said convention shall issue his writ of election, authorizing and requiring the managers of elections in the district or parish in which such vacancy may happen, after giving due notice thereof, to open a poll, and hold an election to supply such vacancy, as in cases for the election of members of the legislature.

'Sec. 3. And be it further enacted by the authority aforesaid, That each district and parish throughout the State, shall be entitled to elect, and send to the said convention, a number of delegates equal to the whole number of senators and representatives which such district, or parish is now entitled to send to the legislature; and the delegates to the said convention shall be entitled to the same freedom from arrest, in going to, return. ing from, and while in attendance on, the said convention, as is extended to the members of the legislature.

'Sec. 4. And be it further enacted by the authority aforesaid, That all free white male citizens of this State, of the age of twentyone years, and upwards, shall be eligible to a seat in said convention.

'Sec. 5. And be it further enacted by the authority aforesaid, That the said convention may be continued by adjourn ment from time to time, so long as may be necessary for the purpose aforesaid; provided, however, that unless sooner dissolved by their own authority, the said convention shall cease and determine in twelve months from the day on which the delegates to the same were elected.'

The legislature then adjourned on the 26th October, to meet on the 4th Monday of November, and steps were immediately taken to elect the members of the state convention.

The Union party at once determined to take no measures to be fully represented in the convention. The nullifiers accordingly obtained a large majority in that body, which met on the 19th of November, 1832. The Governor of the State was elected the President of the convention, and upon taking the chair made an address in which he designated

the convention as a concentration of the sovereignty of the people.

The obnoxious acts were referred to a committee, who reported the following ordinance, which was at once passed by a vote of 136 to 26.

AN ORDINANCE

To provide for arresting the operation of certain Acts of the Congress of the United States, purporting to be laws laying duties and imposts on the Importation of Foreign Commodities. 'Whereas, the Congress of the United States, by various Acts purporting to be Acts laying duties and imposts on foreign imports, but in reality intended for the protection of Domestic Manufactures, and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury and oppression of other classes and individuals, and by wholly exempting from taxation certain foreign commodities, such as are not produced or manufactured in the United States, to afford a pretext for imposing higher and excessive duties on articles similar to those intended to be protected, hath exceeded its just power under the Constitution, which confers on it no authority to afford such protection, and hath violated the true meaning and intent of the Constitution, which provides for equality inimposing the burdens of taxation upon the several States and proportions of the Confederacy. And, whereas the said Congress, exceeding its just power to impose taxes and collect revenue for the purpose of effecting and accomplishing the specific objects and purposes which the Constitution of the United States authorized it to effect and accomplish, hath raised and collected unnecessary revenues, for objects unauthorized by the Constitution:

'We, therefore, the People of the State of South Carolina in Convention assembled, do declare and ordain, and it is hereby declared and ordained, that the several Acts and parts of Acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importations of the United States, and more especially an Act entitled An Act in alteration of the several Acts imposing duties on imports,' approved on the 19th day of May, one thousand eight hundred and twentyeight, and also an Act entitled An Act to alter and amend the several acts imposing duties on imposts,' approved on the 14th July, one thousand eight hundred and thirtytwo, are unauthorized by the Constitution of the United States,

and violate the true meaning thereof, and are null, void, and no law, nor binding upon this State, its officers or citizens; and all promises, contracts and obligations made or entered into, or to be made or entered into, with the purpose to secure the duties imposed by the said Acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void.

'And it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said Acts within the limits of this State; but that it shall be the duty of the Legislature to adopt such acts as may be necessary to give full effect to this Ordinance, and to prevent the enforcement and arrest the operation of the said Acts and parts of Acts of the Congress of the United States within the limits of this State, from and and after the 1st day of February next, and the duty of all other constituted authorities, and of all persons residing or being within the limits of this State, and they are hereby required and enjoined, to obey and give effect to this Ordinance, and such Acts and measures of the Legislature as may be passed or adopted in obedience thereto;

And it is further ordained,That in no case of law or equity, decided in the Courts of this State, wherein shall be drawn in question the authority of this Ordinance, or the validity of such Act or Acts of the Legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid Acts of Congress, imposing duties, shall any appeal be taken, or allowed, to the Supreme Court of the United States, nor shall any copy of the record be permitted or allow ed for that purpose; and if any such appeal shall be attempted to be taken, the Courts of this State shall proceed to execute and enforce their judgments, according to the laws and usages of the State, without reference to such attempted appeal; and the person or persons attempting to take such appeal may be dealt with for a contempt of the Court.

"And it is further ordained, That all persons now holding any office of honor, profit or trust, civil or military, under this State, shall within such time as the Legislature shall prescribe, take, in such manner as the Legislature may direct, an oath well and truly to obey, execute and enforce this ordinance, and such other acts of the Legislature as may be passed

in pursuance thereof, according to the true intent and meaning of the same; and on the neglect or omission of any such person or persons so to do, his or their office or offices, shall be forthwith vacated, and shall be filled up, as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit or trust, civil or military, shall, until the Legisla ture shall otherwise provide and direct, enter on the execution of his office, or be in any respect competent to discharge the duties thereof, until he shall, in like manner, have taken a similar oath; and no juror shall be impanuelled in any of the courts of this State, in any cause in which shall be in question this ordinance, or any act of the Legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath, that he will well and truly obey, execute and enforce this ordinance, and such act or acts of the Legisture as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof.

'And we, the People of South Carolina, to the end, that it may be fully understood by the Government of the United States, and the people of the co-States, that we are determined to maintain this, our ordinance and declaration, at every hazard, do further declare, that we will not submit to the application of force, on the part of the Federal Government, to reduce this State to obedience; but that we will consider the passage, by Congress, of any act authorizing the employment of any military or naval force against the State of South Carolina, her constituted authorities or citizens, or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels, to and from the said ports, or any other act on the part of the Federal Government to coerce the State, shut up her ports, destroy her commerce,

or

to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union and that the people of this State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connexion with the people of other States, and will forthwith proceed to organize a separate Government, and do all other acts and things, which sovereign and inpendent States may of right do.'

An address was then framed to the people of the United States, and the convention adjourned on the 23d of November. The legislature met on the 25th of No

vember and passed the acts required by the Ordinance, but as they properly belong to the history of a subsequent year, they are reserved for a future volume.

ELECTIONS.1831. For Governor.
Wilson Lumpkin,
George R. Gilmer,

27,305 25,863

The Legislature convened on the 7th of Nov. 1831. In the Senate, Thomas Stocks had 38 votes for President of that body, and Thomas Wooten, 37.

In the House for Speaker, the parties stood, for Ashbury Hull 76, John Bates 5S.

Governor Gilmer, in his message, states that, Immediately after the law was passed authorizing the formation of a guard, forty mounted men were organized under the direction of active and intelligent commanders, and stationed within the territory occupied by the Cherokees, with orders to prevent trespasses upon the Gold Mines, to suppress the authority of the Indian Chiefs, and to remove all white men from among the Cherokees, who did not obtain licenses to continue their residence as required by law. The difficulty of removing lawless persons from the mines, proved to be greater than had been at first anticipated, and was only overcome by the use of the most vigorous measures. The mines are, however, situated so far apart from each other, that it has been found impossible to prevent occasional trespasses upon them. This can only be prevented by having them worked under the authority of the State.

'An unexpected difficulty has been placed in the way of an efficient protection of the mines, by the decision which has been lately made by the Judge of the Western circuit, that the law which renders it penal for Indians to dig for gold is unconstitutional. It having been made the special duty of the Governor to take possession of the mines, and to defend them from trespass, and having no doubt about the constitutionality of the law, I considered myself compelled to obey its requirements. Orders were accordingly given to the guard, to arrest all persons who might attempt to dig for gold, leaving it to the judiciary officers to commit or discharge as they might think proper. There is reason to apprehend, that the decision of the

6

Twelve persons have been convicted for illegal residence, and sentenced to confinement in the penitentiary. They have all been pardoned upon the condition that they would not again offend against the laws, except two of the agents of the Boston Board, who refused to be the subjects of Executive clemency, upon such terms.

The enforcement of the Cherokee laws has been completely suppressed within this State. No disposition has, however, been evinced on the part of the Indians to become members of our community. The mass of the people are indeed not prepared for it, and would, no doubt, have long since accepted the offers of the United States Government, to give them possession of a territory to the West of the Mississippi, in exchange for their present occupant rights, but for the controlling influence of a class among them, almost exclusively made up of the descendants of the whites. The State owes it to itself, to put an end to this state of things, so far as it can be done consistently with the rights of the aborigines.

For this purpose I would specially recommend, that you pass laws, requiring, under adequate penalties, all the Cherokees who have received reservations in fee, or been paid for their improvements, and who have again settled upon the lands occupied by the