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Certified copy of the Preamble and Resolutions of the Legislature of Virginia Resolutions, viz. That South Carolina is mistaken in supposing that Congress will yield no relief as to the acts complained of. That South Carolina be earnestly requested and respectfully entreated to rescind or suspend her Ordinance of Nullification. That Congress be and are earnestly and respectfully requested and entreated to modify the Acts iaying duties on imports, so as to effect a gradual reduction to the standard of necessary revenue. That Virginia expects, and the other States have a right to expect, that nothing will be done on either side which may endanger the existence of the Union. That Virginia continues to regard the doctrines of State Rights and State Sovereignty, as set forth in the resolutions of 1798 and 1799, as a true interpretation of the Constitution of the United States; but not as countenancing the proceedings of South Carolina, or all the principles assumed by the President in his Proclamation. That a Commissioner be sent to communicate with the Governor of the State of South Carolina on this subject. That these resolutions be communicated to the President of the U. States. .381,334 Correspondence between the Commissioner of Virginia and the constituted

authorities of this State..................................... . . . . . . . . . . 384 Letter from Robert Y. Hayne, Governor of South Carolina, to the Honorable Benjamin Watkins Leigh..................................... . . . . . . . . 385

Letter from James Hamilton, jr. to Governor R. Y. Hayne..................386 Report of the Committee on the communication of B. W. Leigh.............387 Reasons that compelled the State interposition of South Carolina against the protecting Tariff, and impending Consolidation.......................... 387 This interposition has been beneficial, by producing the modification of the Tariff in 1832 under the Compromising Act............................... South Carolina has never insisted on any sudden abolition of the duties on imports, but a gradual one only........................................ .388 South Carolina highly approves of the promised reduction of all duties to the Revenue standard..................................................... 389 Under these circumstances, it becomes the liberal spirit which actuates South Carolina, to rescind her Ordinance of Nullification....................... .389 That Ordinance rescinded. March 15, 1833,.............................. 390

388

Report on the mediation of Virginia.......... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '.391 South Carolina desires to respond to the friendly solicitude of Virginia........ 391 South Carolina has acted on the principles of 1798, 1799..................... 391 South Carolina believes that her conduct throughout this contest has been justified by a fair construction of those resolutions........................ 392 Friendly assurances of South Carolina toward Virginia................... 392 Approbation of the conduct of B. W. Leigh, Commissioner from Virginia. . . . .393 Report of the Committee on the Force Bill of 2d March, 1833. ............. . .394

The principles sought to be established by that act, are calculated to destroy our present Constitutional frame of Government, to subvert public liberty, and bring about the ruin and debasement of the Southern States............. .394 The act “further to provide for the collection of duties on imports,” was intended to counteract the proceedings of South Carolina for the protection of her reserved rights; and purports doing so by means not authorized by the Constitution....................................................... 394 Brief enumeration of the constitutional and legal objections to which this act of Congress is liable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394, 395 Among other features of this act, it supercedes and annihilates the powers and jurisdictions of the State Courts........................................ 397 The members of the legislature of this State, the Judges, the civil officers, acting in the line of their duty, may become amenable to the United States' Courts, and a scene of confusion introduced incompatible with regular gouernment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 The object of the supporters of this bill, is manifestly to introduce a consolidated government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

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It is a continuance of the efforts of one and the same same party that commonced in the Convention of 1787, that assumed the name of federal very soon after the formation of the present government, that have attempted to engross the power of the individual states, and interfere in their domestic concerns, that enacted the Alien and Sedition Laws, that introduced the Protecting Tariff, that denies the Sovereignty of the States, the existence of reserved rights, and ever points at Consolidation.................. . . . . .398

It is the government of a majority, with reference only to the interests and power of that majority. The protective system is a small part only of the unjust proceedings of that majority............................. . . . . . . . 398

Unless some constitutional check can be interposed to stop these oppressions, we shall be liable to others still more revolting,...................... . . . 398

The present is an attempt to raise a party within the State devoted to Federal interests, exempted from State controul, and subjected only to the Courts of the United States. It is an attempt which if not resisted, will reduce the southern States to the last degree of provincial slavery. . . . . . . .399

The oath of Allegiance contemplated, has been introduced from no party views, or to support any party ascendency, or to gratify any party resentment; nor has South Carolina ever sought to endanger the Union, but so to maintain it, as to render it a real safeguard for public liberty,... .399

This contest is not to be given up till the Act of Congress in question shall no longer disgrace the Statute Book. We must go on therefore without passion, but without faltering,................ . . . . . . . . . . . . . . . . . . . . .399

Since many of the provisions of this act are made permanent, and may be put in sorce hereafter, the sentiments of the Convention ought to be expressed on the principles it contains : and to take care that no Federal authori- ty unauthorized by our Federal Compact, shall be exercised within the limits of this State: the Committee, therefore, recommend the following Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400

An Ordinance to nullify the Act of Congress of the United States, entitled “An Act further to provide for the collection of duties on imports.” (commonly called the Force Bill).......................................... .400

The act in question is unauthorized by the Constitution, subversive of it, and destructive of public liberty; it is therefore null and void within the limits of this State ; and it is the duty of the Legislature, from time to time, to pass such acts as are necessary to prevent the enforcement of the same,...400

The allegiance of the citizens of this State, is due to the State: Obedience only, and not Allegiance, is due to any other power acting under authority delegated by the State,..... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -400

The Legislature empowered to pass acts prescribing Oaths of Allegiance, and defining what shall amount to a violation of the Allegiance due to the State, ......... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -401

An Act to modify an act laying duties on imports, passed in Congress, 14th July 1832, and all other acts imposing duties on imports. (The compromi

sing Law). . . . . . . . . . . . . . . . . . . . . ................................. 401 After December 31, 1833, all duties exceeding 20 per cent to be reduced by

biennially striking off one tenth of the excess,............... . . . - - - - - - - - 401 Duties on Plains, Kerseys &c. raised to 50 per cent................ - - - - - - - -401 After June 30, 1842, all duties to be paid in cash.............. - - - Goods to be valued at the Ports of Entry,............ -- - - - - - - - - - - - - - - - - - - 402 In addition to the articles exempted from duty by the act of 14th July 1832,

certain other articles are hereby exempted after the 31st Dec. 1833,........ 402 Certain other articles to be exempted from duty after 30th June, 1842........ 402 All acts inconsistent with the present act, repealed,.......................403

Note of the Editor, .......................................... . . . . . . . . .403

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E.
Editor : his communication to Governor M’Duffie,......... . . . . . . . . . . . . . . . . . . . . . . . . .I
Preface.to this edition,...................................................III
Reasons for adopting his present plan.................................III, IV
His note on Magna Carta, and its various promulgations.................... 72
Runny Mede,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
His remarks on the various acts ceding Lands to Congress,................. 169

His summary of South Carolina doctrines on Federal Relations,........ .203, 223
His note on the jurisdiction of a Convention ..................
His history and remarks on the Boundary Line,............................404
Exposition and Protest on the Tariff................................................ 247

FEDERAL RELATIons. See title “Documents,” passim : particularly Pages 210 to 223
and 312 to 320,......................

G.
GeoRGIA, act relating to the Boundary Line between Georgia and South Carolina........411
Report of the Legislature on the South Carolina Resolutions of 1828.......... 274
Memorial of the State of Georgia on the Tariff.............................. 277
Remcnstrance to the Tariff States, Dec. 1828, ............ - - - - - - - - - - - - - - - - - - 286

See the title “Documents” at these pages......

H.
HABEAs Corpus Act, of 31 Ch. 2. May, 1679,.............. • . . . .'... . . . . . . . . . . . . . . . . . . . 117
This writ to be returned in 3 days, .............. ‘.
The body to be brought in within 20 days,.........
Such writs how to be marked,.......................
When issued in vacation,. . . . . . . . . . . . . . . . . . . . . . . . . . . . .............
Persons neglecting for two terms, shall have no writ in vacation,............ 119
Persons set at large, may be re-committed by the Court,.................... 119
Persons committed for Treason or Felony, to be indicted at next term,........ 120
And tried the term after or be discharged,................................. 120
May be retained in custody on civil suits,..................................120
Not to be removed from one prison to another without cause,...... - - - - - - - - - - 120

Penalty for denying the writ of Habeas Corpus,..........................120
This writ shall run into Counties Palatine and privileged places, ..............120
No subjects shall be sent to foreign prisons,................ - - - - - - - - - - - - - - - 121
Penalty for such imprisonment, . . . . . . . . . . . . .......................... 121
This writ not to issue in favour of persons who have contracted to be trans-

ported to the Colonies or Plantations,.............. - - - - - - - - - - - - - - - - - - 121, 122
Persons convicted of Felony, and praying transportation, excepted,......... 122
Imprisonments prior to June 1679, excepted,................. - - - - - - - - - - - - - - 122

Prosecutions for offences against this act, to be brought within 2 years... .....122
After Assizes proclaimed, no person to be removed but by a Judge of Assize, 122
In suits upon this act, Defendant may plead the general issue............... 122
Persons committed as Accessaries before the fact in Petty Treason or Felony,
shall not be removed or bailed otherwise than as before this act was passed 123

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KEnie's edition of the Statutes at Large of England,............................... WI

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