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doth explicitly and peremptorily declare, that it views the powers of the Federal Government as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that com pact; and in case of a deliberate and 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 arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties, appertaining to them.-Madison.

'Resolved, That the several states, comprising the United States of America, are not united on the principle of unlimited submission to their General Government; but by compact, under the style and title of a Constitution of the United States, and of amendments thereto, they constituted a Government for special purposes-delegated to that Government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that, whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force. That to this compact each state acceded as a state, and as an integral party. That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact between parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.-Jefferson.'

This resolution passed in the house by a majority of 83 to 31.

5. Resolved, That this Legislature doth also express its deep regret that a spirit has in sundry instances been manifested by the Federal Government to enlarge its powers, by forced constructions of. the constitutional charter which define them; and that indications have appeared of a design to expand certain general phrases, (which have been copied from the very limited grant of powers in the former articles of confederation, were the less liable to be misconstrued,) so as to destroy the meaning and effect of the particular enumeration which necessarily explains and limits the general phrases, and to pervert certain specified grants of power from their true and obvious meaning, to purposes never contemplated by the authors of the Constitution, or the states, when they adopted it; and so to consolidate by degrees, into one sovereignty; the obvious tendency and inevitable result of which, would be to transform the present republican system of the United States into an absolute government, without any limitation of power.'

This resolution was agreed to by a vote of 103 to 9.

'6. Resolved, That the several acts of the Congress of the United States, now of force, imposing duties upon imposts for the protection of domestic manufactures, have been, and are deliberate and highly dangerous and oppressive violations of the constitutional compact, and that whenever any state, which is suffering under this aggression, shall lose all reasonable hope of redress from the wisdom and justice of the Federal Government, it will be its right and duty to interpose in its sovereign capac

ity, for the purpose of arresting the
progress of the evil occasioned by
the said unconstitutional acts.
This resolution was agreed to
by a vote of 90 to 24.

7. Resolved, That this state having long submitted to the evil, in the hope of redress from the wisdom and justice of the federal government, doth no longer perceive any ground to entertain such hope, and therefore that it is necessary and expedient that a convention of the people of this state be assembled, to meet after the adjournment of the ensuing session of the Congress of the United States, for the purpose of taking into consideration the said violations of the constitutional compact.' This resolution, after being modified by striking out all the words down to 'it is necessary,' was agreed to by a vote of 60 to 56; but as the Constitution of South Carolina requires the consent of two thirds of the Legislature to call a Convention, this proposition, though supported by a majority of both branches of the Legislature, has failed.

In the progress of the discussion, Mr. D. E. Huger offered the following among other resolutions, as an amendment, viz:

'Resolved, That this legislature does not recognize as constitutional, the right of an individual state to nullify or arrest a law passed by the United States, in Congress assembled.'

A motion was then made by Mr. Glover to strike out all after the word 'resolved,' and to insert the following:

"That the legislature doth recognize the right of a state to arrest an unconstitutional law of Congress;'

Which was agreed to by a vote of 60 to 57. The whole amend

ment was then rejected almost unanimously.

In the Senate, all of the above resolutions were agreed to, either unanimously, or by overwhelming majorities. That which proposed the call of a Convention, after the adjournment of the present session of Congress, passed by a majority of 26 to 12. On the bill providing for the immediate call of a Convention, the vote in the Senate stood, ayes 23, noes 18.

Thus terminated, for the present, the proceedings of the Legislature of South Carolina, on these interesting subjects.

The failure of the Convention bill did not discourage the advocates of nullification, but they renewed their exertions to stimulate the people of the state to resist the tariff at all hazards. A state rights and free trade association was formed, and every effort was made to keep up the public feelings to that point which threatens loudly as to seem on the point of acting.

LEGISLATION.-Among the acts passed at the session of 1830, were the following of general interest.

The Act to raise supplies impose a tax of 2 per cent. on all dividends received by citizens of this state, on shares in any bank not incorporated by the authority of the state, whether the shares be held in the state or not; and a tax of $2000 instead of $5000, on lottery offices.

The Act to regulate the practice of the Courts of law in certain cases, is declaratory of the right of a Defendant, in a suit upon a Bond, under the plea of non est factum, to give in evidence any matter which goes to show that the bond was void in its creation. This act was intended to remove the doubts resulting from

an adverse decision of Judge Lee, as perjury-gives the Managers on the Custom House bond of Messrs. Holmes and Mazyck. The Act concerning free persons of color, inhibits this class of population from distilling or vending ardent spirits.

The Act concerning hawkers and pedlars, increases the license for this class of traders to $100 for a district, requires them to enter into recognizance with good securities, to be of good behavior, and especially not to distribute seditious pamphlets, &c.; and subjects their goods, &c. to seizure in case they refuse to produce their licenses upon demand.

power to reject a vote, notwiththey shall be otherwise satisfied standing the oath of the voter, if that the voter is not qualified, and requires the Managers in the parto set down in writing the particuishes of St. Philips and St. Michaels lar place of residence of every voter.

adopted by the Legislature declaA resolution was also ratory of the provisions of the Constitution with respect to the qualifications of voters-declaring that the residence required by the Constitution, is residence immediately preceding the election; but if State or District, as the case may any person have his home in the be, temporary absence with the intention of returning, does not affect his residence, but if he have a home or family in another State, his residence, although continued for two years in the State, gives

The Act to amend the Acts regulating Elections gives the Managers power to commit persons to gaol for disorderly conduct at the polls requires a person, whose vote is challenged, to take an oath setting forth specifically his qualifications, makes the false swearing no right to vote. of the voter liable to punishment,

GEORGIA.

CHEROKEES.-An Indian by the name of Tassels having been guilty of homicide, was arrested and tid under the laws of Georgia in the autumn of 1830.

Having been convicted, a writ feror was sued out in his name on the Supreme Court of the United States for the purpose of Intesting the constitutionality of the law under which he was tried. Governor Gilmer thereupon transmitted to the Legislature the following message:

Executive department, December 22, 1830. 'I submit to the Legislature, for its consideration, the copy of a communication received this day, purporting to be signed by the chief justice of the United States, and to be a citation of the State of

Georgia to appear before the Supreme Court, on the second Monday in January next, to answer to that tribunal for having caused a within the limits of the state, to person who had committed murder be tried and convicted therefor.

to control the State in the exercise
'The object of this mandate is
of its ordinary jurisdiction, which,
in criminal cases, has been vested
by the Constitution exclusively in
its superior Courts.

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of the power which belongs to the So far as concerns the exercise Executive department, orders received from the Supreme Court, for the purpose of staying, or in any manner interfering with the decisions of the Courts of the state, in the exercise of their con

stitutional jurisdiction, will be disregarded; and any attempt to enforce such orders will be resisted with whatever force the laws have placed at my command.

'If the judicial powers thus attempted to be exercised by the Courts of the United States, is submitted to, or sustained, it must eventuate in the utter annihilation of the State Governments, or in other consequences not less fatal to the peace and prosperity of our present highly favored country.' (Signed)

GEORGE R. GILMER. This message being referred to a Committee, the following report and resolutions were brought in and passed by the house, and concurred in by the senate:

Whereas, it appears by a communication made by his excellency the Governor to this general assembly, that the chief justice of the Supreme Court of the United States has sanctioned a writ of error, and cited the state of Georgia, through her chief magistrate, to appear before the Supreme Court of the United States, to defend this State against said writ of error, at the instance of oue George Tassels, recently convicted in Hall superior court, of the crime of murder.

And whereas, the right to punish crimes against the peace and good order of this state, in accordance with the existing laws is an original and a necessary part of Sovereignty which the state of Georgia has never parted with. 'Be it therefore resolved by the Senate and House of Representatives, c. That they view with feelings of the deepest regret, the interference by the chief justice of the supreme court of the United States, in the administration of the criminal laws of this State, and that

such an interference is a flagrant violation of her rights.

'Resolved further, That his excellency the Governor be, and he. and every other officer of this state is hereby requested and enjoined, to disregard any and every man. date and process that has been or shall be served upon him or them, purporting to proceed from the chief justice or any associate justice of the Supreme Court of the United States, for the purpose of arresting the execution of any of the criminal laws of this State.

And be it further resolved, That his excellency the Governor be and he is hereby authorised and requir ed, with all the force and means placed at his command, by the constitution and laws of this State, to resist and repel any and every invasion from whatever quarter, upon the administration of the criminal laws of this state.

'Resolved, That the State of Georgia will never so far compromit her sovereignty, as an independent State, as to become a party to the case sought to be made before the Supreme Court of the United States, by the writ in question.

Resolved, That his excellency the Governor be, and he is hereby authorised, to communicate to the sheriff of Hall county, by express, so much of the foregoing resolutions, and such orders as are necessary to ensure the full execution of the laws, in the case of George Tassels, convicted of murder in Hall county.'.

The Governor accordingly took the course recommended by the resolutions, and on the day assigned for his execution, the unfortunate Indian was hanged pursuant to his sentence.

Other difficulties, however, now began to appear. The laws passed by Georgia extending the juris

diction of the State over the Cher- refuse to take the oath to support

okee territory, had made it a misdemeanor for white persons to remain in the Indian country without taking an oath of allegiance to the State.

A mission had been established among the Cherokees many years anterior to the accession of Gen. Jackson to the Presidency, with the approbation of the Federal Government, and had acted as the agent of the Government in distributing the fund appropriated for the civilization of the Indians, and generally in carrying into effect the benevolent views which characterized its policy.

As these missionaries were considered advisers of the Cherokees, the Government of Georgia deemed it necessary to remove them from the territory.

A state guard was accordingly ordered into the territory, and Samuel Worcester and five other white persons were arrested in the nonth of March, 1831, brought before Judge Clayton for violating the laws of Georgia. Mr. Worces ter and Mr. Thompson, however, were discharged from imprisonment, on the ground that being agents of the United States they did not come under the operation of the statute.

Complaints were then made to the President, who dismissed them from their employment, and Gov Gilmer addressed letters informing them of it and requiring their departure from the Cherokee country. The following was addressed to Mr. Worcester: Executive department, Milledge

ville, 16th May, 1831. 'Sir-It is a part of my official duty to cause all white persons residing within the territory of the State occupied by the Cherokees to be removed therefrom, who

the constitution and laws of the State. Information has been received of your continued residence within that territory, without complying with the requisites of the law, and of your claim to be exempted from its operation, on account of your holding the office of postmaster at New Echota.

'You have no doubt been informed of your dismissal from that of fice. That you may be under no mistake as to this matter, you are also informed that the government of the United States does not recognize as its agents the missionaries acting under the direction of the American board of foreign missions. Whatever may have been your conduct in opposing the humane policy of the general government, or exciting the Indians to oppose the jurisdiction of the state, I am still desirous of giving you, and all others similarly situated, an opportunity of avoiding the punishment which will certainly follow your further residence within the state, contrary to its laws. You are therefore advised to remove from the territory of Georgia, occupied by the Cherokees. Col. Sanford, the commander of the guard, will be requested to have this letter delivered to you, and to delay your arrest until you shall have had an opportunity of leaving the state. Very respectfully, yours, &c. GEORGE R. GILMER.

Rev. Samuel Worcester.'

This requisition not having been complied with, Messrs. Worcester and Butler were arrested, and one of them (Mr. Butler) dragged with a chain round his neck to prison. After a short confinement, they were tried, convicted, and sentenced, with 9 others, to 4 years imprisonment at hard labor in the Penitentiary of Georgia. Measures

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