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: fcVjssure any. of theloolmnni nxQhqbJ 'd rest, J
Kauifr Prostrate the whole iabfriclm' rurasJK If the
of Jieableeccssio codst at all. it exists J
Without limit of Utile or 'oodMn. an4 Jwf thort 1
tjuestiou; for constitutional causes oi compiamr,
pr feff grievance of policy, or fur itocaasjnat the
: fciteretgn pleasure of a majbrlfyi-be i in Ehode
IslaridT Delaware, in Virginia oteHamp-N)abiret-Und
how wild and fflueoty lnjtfjipitence
h-re4he:!iopes cf -a perfect '(JmwiA
iilHConstitotian promised ? Ballet jcirrl the
fMBIdea to its weeesary result, aalMookJtoie at
i'r 'least of its consequences. T3ie Tight ;of one. to
secede peaceably is aarely noteaKcneai oy oe
inf exerciaed byinwre sttteCfthan o&ka the
$aaie time. ! If-. -oW may j peiceaMy twrithdraw
It wentTrthreeT-withoat doobt twenty-reo may
-Withdraw tbeawdtea sunuluneoasly from one.
Can ont itate U Vats eoUioaalhi thecst
o:T thtwifaitganut her mUt Qnrwo?
Cn tbree?.4Can:pnyf :ForW,ow w all
In turn may be made the subjects of tbis capri
cious power. And yet by whom hasjjtlii idea
4ieen proudly maintained?;1 YliunnfniDdj the
'nnciplHe whk?h jistify constif utionalJ .secession
go t!iiswhole length or more, i I canno! assent to
them: I deny the whole ductrine witheju reeer
Hrationa; -teion either of ion lrura the many;
ftr the many fiomiKe, is equaljjr danrw j no ;
1 and rPTnlutinnaTT. I NOe' DOWef
: leas than that whieh niade thcfederaIUovern
i,:i ir TjieBtiacoTnpetenitorelesse Spiy portin of its
consuiueni pvisiiuui wirvuiuuwu vwu vs;
anco. . - I : !: ,
I; I speak here ofl constiratioal measarea. I
Tnnit not nnrferaiood to dcnV ilie inherent right
t-lll--of a State.-orof any number; of indirjduahj, to
j' il I resyt opprension. or alter and reform gorerhmenU
i; cr eataWish new ones for thpmif ves wiien
tlnoncs are notfuond sufficient to ptrre the
nhttf a liherU. That belongs to ianotheT
! t j branch of the discuasion, and refers toftjie iha
t$k :l:tM$Ahkh 1 rirht Tof 'revylutioni faevond inid ahore
!ijpKUtiluUoi' and laws, and in the exercise of
ff!thw:h llara ready to admit cheerfully J'that j the
' organization of . State Governments for tfaenjost
f ! reaify. available, anjl efficient means. jBdt this
If is r evolutionary, not ynrtttutumai, zxrffQ toj be
It emlraced ODenly and boldly as suoh not! with de-
:lH !l! lusi pretences of submission to laws which; it
" : ; ' I r is desicmed to o verihrow , and of affeciion to a
Union which is denounced as a cursei jjWhen
f the period airives atJch tyranny beebmesj in
Intolerable, and resistance to legalized oppression a
4mv jastlfying rerplution, is by heboid jcon
xUifihj of principle and purpose, amidst suffer
ings and oangers, riot by metapbysicallchicane
rje,! and the subleties of special pleading that
the true patriot will do and suffer ai fir his
-country. j u . I
1 I4have forborne to enlarge upon thes4 exciting
wbjectsor to eriter into a detailed exposition j of
all tne-monstrous anomalies with whiph; these
cS nullification dnl secession are
fraught . Y'.mr own reflctionf my fellov citizens
trill itumio you with abundant illustafon of
their mischievous Jand perilous consequences.
Ton Have already seen how, in a few shWt years
ihey have brought bur happy con$titutioi to the
.jrrge of ruin-Lavo weaken, the bonds :of ;af
jfeHiln between the several parttbf the ccRintry
-ihtve kindled, the; most burning animosities
"aiiiong brethren wh4 should live like children! in
ione household of Iov and hate almost? torn the
star paoirled banner of our Union intodish'jnored
isHrpJs a scoro to ihe nations of the .earth.
1 I licli have been its fruits in her, green tree: what
tJ s'lairj be seen inAheflry? Where will afr Ainri
! I f tan citizen hide his humblea face if he jforiiears,
in the season or peni, wim nis voic, ana ario, u roodeoi executing that power, and, in truth, li
,oceasiin requirte it, ajjainst the,, heresies which mits father than enlarges it, by adapting the
are iWrapting the life-blood of theconstttutipu, power to the cfrcomstances of .the case. It! is
and diluting, at their sources the elements, j of j hence apparent to you, fellow citizens, that with
iiberty? He wha prizes the Uniin as tte sheet r out the passag of this bill, it would be. equally
fanchWof liijenv and the constitution, as the i hisdutv toUmrjlov thefnihtia'.armv and navtr ..'
ii Ipleige aod guarantee of the perjelual bxisteiice the United States to enforce the laws of the fj
lkot that union, cannot t o soon and opoylTepu-' nion, and; put dpwn' forcible oppositioni But
ft dtate, with his 'whole ul, thosefatal docirinjes, while the President 'resolves that the Union
a'H their authors, jand range himself bvjldly on
tlW'&le of .thebtttraged constitutijft and insulted
lawi.. Thus only is political safety to b4' secured
ibr iAir d'stracted country, and haany and peace
retired, in piece if these distracting! con vul
laijnl which, as well as the doctrines frn wbjch
therpri.-;', owe their eUtence to, the ! feverish
ep'iimpnts of disappointed ambition, ibroodlng
ofeYjithe discomfiture of its selfish hopes; and
afixuuis to repair its' ruined fortbnes upon: the
fr;jrhents of broken Union. While ferocious
pass
t a ho 7A f hiva haan h nrrvmrf in U7 n ri tr Hm.
.U fit' StllW IS iUSls&s wa w vy
9 undertakings thp mean poliiicia:as, tra
in politics for personal garni speculators who
iKpara
rs
;hive prof-ssed every shade and variety, nd tried
i5Very device of party creed in the hopeof fia-
llintkjmHavenoe to power, and hae failed ail
lyujri, t7-ui.i w45ujuu3fc"ij vj v pwpioik
!
is ;a Ratifying cireumstance tliaf the yeoibAnry ef of becoming a dependent colony of Some royal
ibVtftmwy haeiia the:faithfulJaodJv)Nierable jjnastef ?. tl' I t 1 i . 1
r4bliK servant at the head of the Gfvenliwtj a ; The time was, When they fthe present leaders
allying point around whom - they; cQ come en- ; in South Cartlina?) wopld have denounced nulli
thusiast'cally ii' the rescue of liberty an4 union; ; fica-foa as treason; thev would have done sb in
a? Chief Mtgistrate whose kmg life has been
xnirked by s mauy acts ot
ni devotiojt to ha country
Ik 1 1 r II tiisa'id the close 'of
whose
1 1 "to bV fe;-Malized by the irretrievable defeat. of erie
j th establishment of the true J pHpcples of the
I- t I tn5tbut wn on a sure and imperishable founda-
K-fttibb,h v . ii I.- 11' IT I
iff. 1 M -4. ' ... . -I , .lil .
! : e low c4tiz"ns.i need not remind, rou'tnai
this sdestruotive heresy, however spec
ouslyiit
ml ahurniFieri Vi!il nnH.r the rnisea cf ?Siate
'&lU& & "'$ta -niverthls-
I j-il less foani very little countenance in .;burgiiod old
t 111 ICurtlf State n.r that your last OeneTal AsWa
its
ci&d-hecause. ii very breath i4 poison, land I its
o'a-u w o wtiu u uio lasi uvipes oi, ireeoom ano
veru;ntat on erth. . Stripped of all so-
try, it if lust the. rifcht, aad ao tnorel of :a
midoian, in the midst ot' a populous cityl to fire
L.l j.. it:, j t ni ' iit A-i - .4 i
i.. uuuwu uwijiuf j -t oe coaimon; security jwouhi
! . forbid the exerei of such a rigHI, nor cah the
)l bta-rhuM permit the paceofjmentrj-
part v i tn Saith Uaxolura. Uur patriot Chief
Magistrate had sworn to support the j cxftstitutkii
land execute the laws, and resolved taexhaus:io-
r ; treaty and expostulation with the revolutionists of
, ju vuew uruTiii" .w wi 'vuiauuir, ue
; ; ;suo nuiea inc-.WD6ie.'uitj&ci to'Vonsrressi ana
. 5 iu-rcMTOn oui was reptvrted lo me senate or
Li ;Uvomes gof the ablest men in this Government; it
I ; wtsinided- forUiw to rproyide lor Ihb'i col-.
' getLer with the 1 tenets f the period when this
j-lrojrwu measure was actea 00 nave Mot: per
f :ltrpitteji me to partclpata m- its 'MubiCWse i
T-'r-hfrnOiila elsewrie nave phown its sncossitvI and
; 1 "i1hdicatl the Pjesideot from ttib i unnjerited : at-
i I Itaeksiof his cpemi,lor the Course hei' has four
t ifffcaed ion tms oecasioo. as u is, x uustv content
I ljtnelf with a hasty, notice of it hefe, '). iv;
tS jL'ie enemies of this measure Jhav assailed it
I K tnVhnpr tS huse. and been LroriitrWl: trJt
lifpiiibi--ich fjwhUwiha bloodjr
t i : oif, witii an unanimity tnai surpasses appraise, . w r"" v
iiKlni tie oeonip. 'in' DiDuiar meetings in I almost i the constitutional power of declaring
! !sl.UWU,irl'tKi 'k' &h ihm UuriiLi state by-alleging that lit is declared,
j sea oi reprooauou on u as revolutionary ; in
' caaiacter. and destmctife of the! Uiuorfif For
I ;'' cnale it is f. r North Caroliua thitstis his so de-
i ' : ; ;-
n uu iiraiim nuns una governmenir yea,
liberty irseif io gien to the ; winds by 'the ex
ercistfof the rights chimed by! the dominant
biJl" tJioTJotarfy bay bmw rUiebni to repeal
the ebnstitntio)i &c ce - Such are the ; tvi
thets applied toit by the nnllifyers and revoiu
lionist3. of thp59 -times tlie men, Mho
stand wi Ai torcbi m hand ready to fire the Holy
temple uf our Unioo-to arrest the execution of
the Jaws dt the j ,Union--to -resist forcibly by
arming thonsajids for the conflict, with the wea-
pons of death; and, bv their ordinance and 'en
actments, fepealiug tha constitution, - releasing
their fellow citizens trm their allegiance to the
Government of the Uq'iUhI States; and, requiring
oathstdike treasonable ;and. templing to purjury;
The Ipitheu pprte" dinaiicbloody.w 1 or-"
dinince f?Bjtahy bay; ordinance nd ordin
ance f to repeal he constitution" may, with the
greatest .propriety, be applied to the- nullification
eaactmcntf ana doings in that, ill-fated Suite.
Tbey have already prod need affrays and blood
shedaod are hapisning thouaands from the- land
of their birth, anH threatening, if not checked in
their career of tmscbief, to make the whole State
a Scene of miser and desolation. !
Tu snatch heState;;from ruin, this ranch a
bused bill iva framed Ind supported, and meets
with the expputire sanction. It is intended! to
stop the dear dating career of the NuUifiers, by a
peaceable procesfy unlets they themselves make
it-otherwiseV lie powers granted to President
Jackson by this bill, are neither new, nor even so
unlimited as those which' were conferred on some
of hU predecessors in times of peril to the Union
( no wt happily gbn by.r Extraordiuary oowers,
ana even greater; man me present, were long
since granted to the' President to enable him to
execute the Embargo apd Noqintercouise , laws,
antecedent td thd last war . with' Great Britain.
Mr. Giles, thff leader of the republican party ,in
vyungiwss uuuer fir. unueraun s aum.nisirauon,
when that apostle of Indepence and ,t Liberty ap-
plied for miliiart! powers to enforce those laws,
emphatically ilaid:'! believe this vemment
does possess power sufllcient to enforce the i em-
w.- i ; mi I ir't - - .
oargo 4a ws. ;i ne reaitnaracter ot our govern
ment seems to be 'entire! v misunderstood bv: for-
eigners,and not fully appreciated by some of bur
num nifi-rorv- i Ti h.a ii ti:.wi, ,.f Jl...
tion with the most despotic governments upon
earth,: It is aided, too, bv the- knowledge of
erery I eiUzen! tfjat when its will is pronoun
ced; it; is the j fair expression of , the will
of the majority. Thechecksof this government
are exclusively u xn its deliberations, not upon
its powers of exepution. So far from it, that the
constitution has expressly provided, that ihe
government should be provided with all. means
necessary and proper fpr executing its specified
powers: There js no limitation whatever upon
the means for executing- the general will, when
fairly ! and:" deliberately" pronounced. t Nothing
ctnld be'more jahSurd than to suppose, that after
so maay checks Had been imposed upon delibera
tion in pronouncing the pnblic will, after that
will was thus )rc$ionnced, that any means what
ever for its execution should' be withheld; Sir.
the .fundamental principle of our government is,
that the major ty shall govern 1 H
The power low complained of, granted by this
bill to ; remote f the Custom Houses and their
Officers on board of public armed vessels, or ; to
forts beyond the reach of violence, is as humane
as beneVolent-ibecause it prevents the necessity
of resisting fore, with force; and it i3 altogether
contingent, anf will never happen; unless cir
cumstances should render it manifestly-necessary
to prevent the effusion of bhxjd. The President
is obliged to execute Vhe laws; and he was al
ready authorized to employ the whole liiilitia,
army and navvl; of the United States, for ihat
Duroose. I , This bill does no more than ntiaJifv th a
shall be preserved, and the law executed, it
would grieve hfm!to the heart to be compeIled;1)y
daring treasvffi and reckless rebellion, to -applv
j any other force than his paternal admonitions and
entreaties, to anyipartof our Confederacy. The.
good have nothing "to fear from this bill it is "a
terwr jto evil dors,' tirjd them only; and it will
quietly sleep' bn'our Statute Book "unless the
j passions and wickedness of bad men call it into
; exerciaw. Ifthejullifiers will lefrain from on-
lawful acts, it wil sleep for ever, if they cause
; blood 'to be shpf, the blow will have been; struck
i by f Am1 the bonds of this Union will have
i been torn assander by them and who who rill
say that the President ought not to have thejre
; quisite, authority and means to put them Mown
; and si save the erring State from the horrorSi of
; a pmiracxea cmi war, and ner inevitable
doom
f 1812 and 3 if Massachusetts had nullified irhe
force. ' Massachusetts ;then declared that an act
unjust, and injnous to her interests, as well j as
to the whole jof INew England; and yet no men
in this country would have outrun Mr. Calhoun
and hif present friendsjn eagerness to dishonour
and punish her;, if she had nullified that act.
But had . she gone boe'step further, and seceded,
and made a separate treaty of peace with Great
I BritaiobiaadlthjBy would have branded her
statesmen as traitors, and very justly too. And
t it possiblethat : whep our common government
OAOIWOV
war, any
for an fun
constiuitioriaif purpose, can rightfully escape from
the common danger and the common burthens,
and thus shrink from the crisis? If so. then is
our government and Upton in reality a rope of
sano r-ano ue yery npi war in wnicn we en
gage hereafter, will trample both into the dust.
It is every way fortunate for the country, that
tne iiaruorq vonvpouon oia not maKe mis ais
eovery, or, long ere .; this day, the banner of bur
it if a . -l t . . r
umon, wQuianavqceaspa io ooai in me oreeze,
"over the Home of the Free and the Land of the
Bravev", 4 I - I
I am happy to say tat I do not believe it will
be necessary for ithe President to exercise the
power thus vested in htm for the execution of the
laws. In his last! annual message, as well as' in
his previous dnes be ufeed a 'modification of the
Tariff, so as to obviate the just complaints of the
south, ana pringt down the revenue to the
wants or f the ; tgoverbment. His friends tin
Congress, throughout ithe session, have exer
ted themselves to accomplish that desirable .bb-
jnrt; and finally his worst enemies becoming
satisfied that the country, in accordance with his
just views, pas on tbenotnt of overthrowinsr the
whole system pfj yust, ice, which Mr, Clay de
clared could not possibly exist beyond the- next
session ot.tigress; came forward and made a
pftposition to reduce ; the duUes gradually, as the
President had recommended. : 1 "
Although! this full will raise nwrmously the
duties oh the coarse wollens and cottons used by
us, and b full of protection fom beginning to
end; yet, as it oppearetl to be acceptable to those
vho had nullified the tariff cf 18321 because, as
pure; elevated, ; and ; act declaring war against England. Thev now
glory audi happi- tell usl' that I the! motive or intent of an act of
illustrious career! is Congress 1 determtn Js i its constitutionality and
5 M
tnnmphof the policy . which; General iacksow
has reconmiendedfrom bis
administratioo; add to Ai viIinceoTerf he pub-
lie mind is the South indebted fur the rmstratioi.
of tKemisnamed! Abeficaa ISyeipcnd" tAjs
abandonmennt of e defonned mobster; eves by
its nnhafnraf oarest himself i Havin? atterkied
in vain toride into the presidencT oo the, tide1 of
orotectionl its author nbiir sprinsrs trpoari thaoV
verse flood which ,the recpmmendatKsr of f Ge
neral Jackw)D have produced, land attempts to
iclaim the?eredit of doing: that which all his ener
gies have been usuccessfulli exerted to ereveat!
I cannot however but think' that our neighbors of
ctoom Carolina, noiwuosianamg uiey nave run
o far before us j in teal, or rather Indiscreet : vio
lence, to set rid of ; the tariff, have conced
too
that
much. . Mr. Calhoun declared in the Sen
the mmufactaies had been of i. great sertt
to
the country and that he would not vote
prive them of all prolti'ii at i-nce. F
de-
hhn
aim iiiier puuwi aroiuij pmuciaus me; i
system received its first impulse and these
riff
de-
clarations look: likeja partial rturno original o
pinioos and designs. ' It behoies the real anti-
,torilTmenofiiheiStathtiwatch the political
anti-tariff men, and see that thej do not, to pro
mote some object; off personal aggrandizement, a
train endeavor to restore the system before the
adopted' compromMo shall have pioduced its en
tire effect. !H ' - H'- ' .
J J
1 2T1
There are other subjects of i deep interest to
it and to this nkurtri. whteh I would willinelv
! Ait X'S s they hive been presenteJ' to
i thiS Congress; but I have alnpady iaxed your pa-
i tionr t m lio!iT 1 I cr9l! hn v sn irmortnnif
to speak of them in person! to you in the course of
the cnsuinjr opnnj and aummer, and therefore
mav omifthehi here. Durinir the four tears
feow-citizeas, that I have haJ he hior to re-
present you m i ongress. have seen called on
to pass upon ime of the must important ques-
lions wnicn nave ever corne-Deiore tms tgovern
ment; and I have invariably pursued not I only
that course, which I thought (met conductive to
the immediate interests of those whom I directly
represented, but also that :ivbich in my judgment
was the most conductive; to the. interests of' the
whole country; therefore,?however, I may have
unintentionally erred; yet I find no, occasion of
regret on account of any! vote I have given: and
I have the consolation of khowincr that,if I have
not discharged my trust, with ability,, I have, at
least, with zeal and: (he fbest intention. For
your repeated confidence and 1 kind support, I
tender you fit, thousand thanks, and my best
wishes tor your individual! happinessnd pros
perity. Andp finally, a 8?nse or, duty Jto you,
leaves me no. aJternative-f-I therefore again
make you a tender of my services to . represent
you in the next Congress of theUnited
States. r i .;- ! ! U
friend and servant, , '
1 JESSES SPEIGHT.
Washingtoii OityJ February 23, 1833.
9
WAN- A
fttrtheiip piroidefor the col
lection of duties on Imports
Be it enacted by th Senate nd House of Re
presentatives of the United SUttcs of America in
Congress assembledt .That; wheivevr, by reason
of unlawful obstructions, eoinbinationstir assem-
in the judgment of the President to execute the
revenue laws and collect the .limes on lmiiortsin
the ordinary way, in any collection district, it
shall and may e lawful for thfi President to di
rect that the jrnst nil-house fot ! such district be
established arid kept in any secure place within
some port or harbor of such district; either upon
land or on Doarx) any vessel ; and, in mat ease,
such place, arid there to detain all vessels uid
?.4 .t i !. , f .
it shall be the duty ot the collector to reside at
cargoes , arriving within ' the (said district, ; unti)
the duties imposed in said cargoes by law, be
paid in cash, deducting interest, according to ex
isting, laws; and in such cases it shall be unlaw
ful" to take the vessel or cargo from the cusUxly of
the proper officer of the customs, unless y pro
cess fjvm SoinejCqurtof the United Stateg: and
in case of any attempt otherwise! to. tike iuch
vessel or cargo j by any force, combination,
or assemblage i of persons too great h to be o-
vercome by the officers of tha customs J it shall
and may be lawful foil the President of the U-
nited Mates, or Such person or persons as he shall
have empoweretl for that pufpise, to employ such
part of the land and naval I forces, or militia of
the United States', as may 'e deemed necessary
for the purpo ebf preventing the removal of such
vessel or cargo, aiid protecting the omcers
of the Customs in retaining the custody there
of; k ' '. , '
Sec. 2. Andle it further enacfedThat the
junsdiction of the courts of the Unjted",jStates
shall extend to all cases, inlaw or equity, arising
under the revenue laws of. the. United States,
for which otheti provisions are not: already made
by law; and if any perhon shall receive atiy inju-
r v to .his person or property! for or; on account of
any act by him. done,! under any law of; the Uni
ted States, for the protection of the. .reyenue or
the collection b:du ties on imports, he shall be
entitled to maintain suit for; damage therefor in
the circuit court of the United otates m the dis-
tnct wherein the party doing the injury may re
side, or shall be found.; And all property' taken
or detained by. ah officer or other person,' under
the authority, of aqy revenue law ef the u nited
Slates, shall be irrepleviable, and shall be deem
ed to be in thecaisUxly o the law! and' '-eubject
only to the orders i and decrees of) the courts of
the United States- having jurisdiction thereof.
And if any person -shall dispossess or . rescue or
attempt to dispusiessr rescue, aiy ptpperty ; to-'
uutm or ueuaineu as woresam, or suaufiu w as
sist therein, 8iich person shall be ; deemed 'guilty
of a misdemeanor, and shall be liable to such pun
ishmentas is provided Vy the ' Iweiity?Second sec
tion "of the acrfor he punisfiratnt of certain
crimes against the United States, j approved the
thirtieth day of iAprilj Anno Domini one thousand
uivon Kmnrlr'l ml nintv : tint flip trilAil nhfttriMV
nd ninety,
tion or lesistanco of officers inthe service of -pro
cess. ? ; ; ; t j ... : ; L
Sec. 3 And be it Mher ertdcted, That in any
case where suit br prosecutibu shall be commen
ced in a court of i any State against any" 'officer of
the United States, or other person: for or bri ac
count of anv af done under; the Wrente laws, of
the United States, or i under color thereof or for
or nn acconnt of lab v risrht. authoritv or title, set
us or claimed by such officer, os-othr'prson ,
uraJer any 6ucti law ot. toe uoftfa CLaK3,ii.snaii
be lawful for thsdefendant In such suit, or nrwe-
cutlo.1, at any time before triiV, upia a petitio.
to th circuit court of the United States?. M 'and
for the,districi for which me defeAUdtnaIl hove
been served with process, getting forth the nature
of said snjf , or pnecttion; abd" terify4dg me
said petitiirt yyllffidyilt, togetier.with-rtuV
cate signed by ah) attorney or couueelbrat law of
some court ni record of the Stale in which irticb
&uil shall have been cominenceJ,or of the United
tliey aSdl o; tbe staqotialiry of a 'ptof;
tecti ve fealores;4aii as they ihsckred,! tjvvould
restore uiet! to South Carolina as it pro bed a
final tbo'l vlraC f jbablf,
the mosf that! IdnoWbei gained; it.r ceived
the support of the .friends of the admini xatioa
from the South and of must 1 of them frarrj other
sections of theUaioa. 1 It is in fact a cfnplete
ed
atA
ee
td
rorri
4-
s
lates, settiogifirt!i fliat,4ts cnonscl fbr Ihi
liooerhBi has examlned'he jroceedtn
t;l'mner he i hai eiaTuined the !'nracceltncr a-
r4i4t him.ikhtt hn Mivfollv" mcuiredi into ali
IQe raaueisKet iorin. in tne pexiuoni snu wa w
n4fieyes thesame to be tru, which; petition;iffida-
vit, and certiSeate, shall be presented to vno sai
corait courtifif' in isession. and -rif. notV: t-v tlte
clerk ihereoi;at his OfHceahd shall be filed Jin,
said office, and the cattse shall tlereupoa be en
ured an'tho docket of said court.' and shall be
thereafter proceeded in as' a fause originally
commenced i ia that court; and !it shall be the
ybtyjof me clerk of said court; ifjtue suit were
eommenpeo; mine connoeiow oynznmons; to w-
soe a wnt of certiorari td the putcourt rerj
quiring said court I o send to the said circuit court
the record and proceedings in said cause; 'or If it
were commenced by capias, he shall' issue a writ
of habeas cbrbus cum cansa, a duplicate of which
slid writ shall be delivered to the clerk-of the
State court, ot left at this office by the marshal of
authorized thereto; and, thereupon, it shall be
the datyof the said State court to stay all fur
ther Droceedinitrs in such cause, and the said suit
o prosecution; upon delivery of such process, or
: leaving inej same as atoresaiu, snail oe , deemed
and taken to be moved to the said circuit court,
and any? further proceedings, trial or judgment
therein in the State Court' shall hi wholly null
apd void. And if the defendant in any such
saitbe iu actual custody on mesne process there
in it shall be the duty of the marshal, bv virtue
of the writ of habeas corpus cum' causa, to take
tne body of the defendant into hts custody, to be
dealt with in the said cause, according to the
titles of law and the order of the circuit court,t)r
t. ... r ii .
y any juage uiereoi, in vacauonv Ana ail aw
tachments made, and all bail and other security
jgtven upon such suit, or prosecution; shall be and
i-ontinue in like force and effect, as if the same
Suit or prosecution had proceeded to final judgment
and execution in the State court, I And, if, upon
the removal of any such suit, or prosecution, it
shall be made, to appear to the said circuit court
that no copy of the record and proceedings there
to! in the State court, can be obtained, it shall be.
lawful for said circuit court to allow and require
tHe plaintiff t proceed dt novo, and to file a de
claration of his cause of action, and the parties
may thereupon proceed as in actions originally
bipught in said circuit court; and on failure of so
proceeding, judgment of nonpros may be ren
dered against the plaintiff with costs -ibr the
defendant.
iSecl 4. Md btit fvrlher enacted, That in
any case in which any party is, or may be by
law, entitled id copies of the record and procee
dings in any suit or prosecution in any State
coprt, to be used in any court of the United States
if s the clerk of said court shall upon demand, and
the payment cr tender of the legal fees, refuse
or neglect lo-deliver to such party certified copies
of such record and proceedings, the court of the
United States in which such record and pioces
di(igs may be needed; on proof; by j affidavit, that
the Clerk of such State court has refused or neg
lected to deliver copies thereof, on demand as
aforesaid, may director allow such record to be
supplied by affidavit, or otherwise, as the cir
cumstances of the case may require and allow;
and thereupon,;: such proceeding, trial and judg
ment may be hid in the said court of the United
States, and all such process awarded, as if cer
tified copies of. such record and proceedings had
been regularly before the said court.
jSec. 5 iud be it further enacted, That when
evet the president of the United States shall be
officially informed, by the authorities of any
State, or by a -judge of any circuit or dbtrict court
of the United St Ates in the State, that within
th limits of sibch State, any law or laws of
the United States, or the execution thereof,
or Spy process from the courts of the United States
19 ftrncted by the employment of jimlttary force
T J "W,CI ,lu u,ww.lw
COofie by the ordinary course of Judicial proceeding.
otly the powers vested in the marshal by existing
latvt', it shall be lawful for him, the President cf
the; United States, forwith to issue his proclama
tion declaring such fact or information, and re
quiring alljsuchKmilltaryand other force forwith to
to o is perse; ana liav any time auer ; issuing sucn
sL1Jn' 18uch opposition or obstruction
Ahsll n manpi ir the manner ot hv the means a-
shall be made, in the manner or by the means a
forf8aid,the President shall be, and hereby is,
authorized, promptly to employ such means to
suppress the same, and to cause the said laws
or process to be duly executed, as are authorized
and provided in the cises therein mentioned by
the act of the twenty-eight of February, one
thousand seven hundred and ninety-fire, enti
tled 1 "An act to provide for calling forth the
militia to execute laws of the Union, suppress
insurrections repel invassions, and to repeal the
act now in force for that purpose;.' and also, by
the, act ot the third ot March, one thousand eight
hundred and Seven, entitled "An act authorizing
the; employment of the land and naval forces of the
Uqited States in cases of insurrection."
6. And be-it further enacted, That in
any $tate where the jails are not allowed to be
used iortne lmpnsonmeni or persons arrested or
committed under the laws of the United States,,
or iv here houses are not allowed to be . used, it
1 111' I ... , .l 1 . i Ll
snairaoa may oe lawiui ior any marsnai, uoaer
th direction of the judge of the United States
for the proper district, to use other convenient
places, within the limits of said State, and to
make such other provision as he may deem ex
pedient and necessary for that purpose.
jee. 7. And lie it further enacted, That either
justices of the Supreme Court, tr jodge of any
District Court of i the United States! in addition
to jihe authority already conferred by law, shall
halre! power to grant writs of habeas eorpus in all
caies of a prisoner or prisoners, in jail or confine
ment, where I he or they shall be committed or
confined on, or by ahy aathority or law, for any
fact done, or omitted to be done, in pursuance of
a law of: the, United States, or any order, pro
cess, 'br decree of any judge or court thereofVany
thing1 in any act of Congress to thecontrary not
withstanding. And of any persons to whom
snh writ ot habeas corpus may be directed, shall
refuse to obey the same, or shall neglect or re
fuse to make return, or shall make a false return,
.1.1 .ij:.! ' .t . i: i
mereio, in aooiuoi. to me reuieuies jmicaujt
en by law. be or they shall be deemed or taken
to be guilty of a misdemeanor, and shall on cpn
viliion before ariy court of competent jorisdicton
bej punished by fine not exceeding one thousand
dollars, and by iinptisonment, not exceeding six
months, or by either, according to ithe nature
and aggravation of the case.
Sec. 8. And be it further enacted! That the
several provisions contained in the first and fifth
sections of this act, shall be in force until the end
oil the next session of Congress, and no
longer. h f .; - . '
Passed the? Senate
Attest: v WALTER LOWRIE.Sec'y
JFeb. 20, 1833.
jThe foregoing act having been adopted by,
passed the rIou$e of Kcpresentatives on the 26tn
fTnWO or three Journeymen in -the Cabinet
JjL making bultnjess to whom permanent em
ployment aad liberal wages will be given.
Xi I BUIS&ROSSZEE.
Salisbury, March 15th, 1833. 5 ts,
SCAHLST FEVER ATp THROAT vl$
:vWM-I.temper,5 4v ii l:
The follQving article oh tli disease, which
h how raging in various parts If New-England. I
a fV..Yi !! Vun nrn'- r.n. s,.r-D..t i i
tvas originally puj i ohj ; Chmtian MiiV
This Disease is now prevailing, as" epidemic
in many places, and accounts bat too often occur
nortalit I-ha.. 'general
incJudes evcrr dpcrree of
thrpat distemper ulceroos; puirid or maligBancy
varying orgree on.Jv it la o be- lamented,
yet the modern wruers; cr commlers. have writ-
" . . v . - . ' . '
tea so profusely in prscription and to vatidtisly
on those diseascBanoV perhaps -inexporienced
therein themselyes too, that I the profossumal
mail of the. present day, who may be inexperien
ced Jiimself, meets with great perplexity in fio-
dintr the heat eoorss to nursnei mnA nAsntim i
. gO i. r ; 'i.vu.uur3
falls very far short!... his wishes. Besides it
must he expected from another consideration tha't
those diseases should inilea.1 the Physician un
til otherwise advisedy because they, in their
first appearance, are so calculated to mislead the
well informed, until experience teaches them
their true nature They are introduced gerrer
alljfj under the appearaacel of iafianmiatory dis
ease, indicanng.lrcatment similar to Typhus fe
ver,1 which of coora, if a&pfed; will fail of snc
cesS,and frequently mortality will ensue, because
the Scarlet fever, is in fact alcold phlegmatic
disease, and if treated as such f will be attended
wit success. The mild, warm, perspirative
treatment, such as will not irrilate and disturb
the course which nature assumes to expel the
disease, will be ihe most successful. But the ourcollectoi and another WntlcKnH
drasuc, emetic, rcathmtic, nitrous, sweatmngi"W.we caanot, well IxplaiMt
, ; , ' -"o uu "i?;niij' are ail 01
u?.M unr.cvuui waai is mo true nature and
course to oe pursued witl
1; SUCCesS. With t Wo
precautions observed, and'the other adopted, the
uiac wuiiuoveon graauaiiy and terminate
favorably. t M i
The Scarlet feYer of the United States, com
menced m 1735, in Newt England; was eiht
years travelling through the United States,
carrying with it the most&rribte devastation
sweeping off thousands,: mostly children. In
the course of this terrible Icalaniify, two gentle
men of the first ability, brie inlNew VnrL- -1
the other in Boston, conferred and discovered
the true i nature of this j disease: (therefore un
known in this land; and success generally atten
dedjheir exertions ; yet the Pliyaicians through
the jeountry disbelieved, and would not follow
the advice of these eminent practitioners, presu
ming such simple means could Sot possibly pre
vaif against so malignant! a disease, therefore
they; pursued their own course t the loss of the
larger half cf their patients. Irhis t.ew mode
of treatment of the throat distemper so called,
was published in London and obtained much cre
dit Miere. Apin, a similar disease prevailed in
England, in 1756, abd was equally mortal
where it was but poorly undersiood ; but where
the new practice fas it was hen considered)
became familiar, belter success attended its n-
piusuiuiu in w iu, ana while , the writer
was Iin bis stttdieSi some few more canes of throat
distemper occurred, and the New England nrac
tied succeeded completel In -1774, Dr. Young
of Boston, afterwards of Philadelphia, of superic-r
aoiiiiies, wrote an account oi the Scarlet (ever and
Angina Maligna, improvirig on the (New En -
land) practice to important benefit This came
into my hands about two years afterwards. A
gairijin 1784,-5, and 6, within the knowledge,
and observation of the writer, a similar Scarler
fever, called throat distemper, epidemic and ma
lignant, prevailed to a great degree through all
New England, and mortality ensued as at for
mer times, where the practice (then modem) was
generally known. Massachusetts, New Hamr-
shiremnd Maine suffered exceedingly. The
disease was attended with similar mortality on
one hode of treatment, while the other judicious
ly supplied, was remarkably .successful. The
Counties of York and Cumberland snffered great
mortality, insomuch that some Physicians were
reaoy xo give up, judgmg that the sick were not
benefitted by their prescriptions, as they lost
more. than half their patients. 1
Id the hundred cases, (df those years) which
were .under the immediate observation of the
writer, the modern practice was successful gen
erally, and almost universally.: unless where it
could I not be Seasonably applied, owing to the
numerous demands upon professional skill.. The
humours of this disease are so extremely corrosive
that they require cinolients, absorbing correctors,
easy, perspiratives, and moderate evacuations,
which if judiciously applied will be attended
with success almost universally.
Asjto those drastic applications, the writer
had repeated opportunities, inl consultation, to
observe their pernicious effects when not mortal;
the mouth, gums, tongue, were' eaten into cavi '
ties ;'' the tonsils and palate wholly gone ; the
ear injured, hearing lost, the blisters round the
throat mortified, and orifices eat through the
. i . i i : i j V m ..i
winapipe wnicn never ciosea up. lernoie un-
manageable n leers lollop ed the blisters on the
limbs ti and other parts of the body mortified and
fell off leaving the bones bare-miserable objects
that could neither speak, nor: hear, taste nor
smell! if they lived. Some of! them did survive
fbr years, and for aught I know two or three of
them suii exist. $
AARON PORTER.
From the Macon Telegraph, March 6.
TREMENDOUS DALE.
A storm or hurricane, more! violent than has
been known since the settlement of the country,
passed over this place on Friday last. After a
good deal of rain, accompanied by thunder and
lightning, the wind about 3 p m. commenced ri
sing iii the North west and soon increased to a
perfect hurricane. Trees, fences, and chimneys
were blown down in all part of the town, and
minyi buildings were injured, i
In the country the damage :done by the gale
was If possible worse than injtown. We have
heard of a great manyrgio houses and out buil
dings, being prostrated; and the blowing down of
trees and sweeping away of fences is beyond cal
culating or. belief: All the roads to the west of
this are blocked up by the fallen trees, and it
must jbe some time before they; can be cleared out
to enable people to come to market.
. A Dumber of lives have been tost, and many
pcTscfs seriously injured, the particulars cf which
we have not been able to obtain.
Avoumr lad. soft of JbhniC. Johnsoo, who
was riding on the edge off the common, was o-
veriaten hv the storm and! both bin and his
horse killed bv the falling of a tree.
OrJ the night after th gle. owing to the
irreai fulnw of the stream, the Eastern stage in
emssm? Walnut creek as I washed below th
ford Into swimming watt and upset, when,
shocking to relate, one of- the passengers ( Mr.
Charles William Washington, merchant of this
place) and three of the hcrrses were drowned
The ittacre and mails were recovered the- next
morning; and in the afternoon, a short distance,
belovl Ae ford, the body of Mr. Washington was
found, his remains were" brought to town, and
were cn Monuav nMmni e - i
the GlarnW
preacc w -Hendefsoh's
4.. -
froterls.)i
i . ii.
1:
of some ecoeatriwtych fM?
i rind if h;a lift. . . r aa"3
ihj inena of our iA i
i verb. lleoiauei'hl&W
1 store of proverbial collaoniaiXQ
a raking fire ot mis sort of: verbal
time we speak of, it was his?-1
down every proverbhtch he mighttl
course of cooversaUon. on siiiJtf :
whjch be transferred them to hisbJZt
J
w hen leisure occurred.
uom was card, letter. i r
inmisiyrav.titri
f- .i i
Person, but was literaHvt pTnan lOff
" 3 vu J1 fVSaa-i.
V-if
saytd sawes" and pmveibial rhJrnea W
cou d be bestermsuckin frftm k-il:
pith and flavour, than our collect
gistermg upon his sylilline leaves th?to
5. :'
every flay quest after these iasaUted S3
wit and. wisdom. . i j f
1 ."Oaoneoccwioii heltadlfjftitedlSy
I party at a fr.end?s house,' where tkeM
m oe not a lew strangers present Op
fortunate!, we thiakaa( tlieswHel XSN
ua lorgoiien disgorge his f
Ufkrious contents. AVII, the good 'tkiSfl
peared,and the wine foUowlaad, M
botUe, the conversation ; asunif .
! character.
How tome intuinl'tk. f M
" , ujgij, ana fosuch W
was theirjispatocarriedrthat lan labra
nation was put to the festivitU r
by the man of proverbs; handing over huL
tllP Clnnrr., I.V . 1
. course, viivf
w. jj gia, park 01 ice compant bat
agreeable quarrel and the still more dk,fti.
results to which next nwrnrngs-dsha lirj
4rNext morning came, and the pnilpnwl
ganto bestir himself, as aecording ihe Hi
horror, he must do, when there Is a iemM
jm.j : .v va nmgCTii ,t rin.iue man U
he was deeply enraged, jand to refresh &
mory as to uarae and address, be hadirccMii4
the card put into his hands over night! j )
ed first at one side, then at the other! but
or place ca neither could be found;' bat in ill
of that, there was traced, in good legiole elf?
ters-U'NAETiiiKo shoVld bjc tbjrc rjr 'ilfJ
t,"but catching Jleas: The effect of thiy
iirestible.' Mr. -tell into an unebhthW
fit of laughter and. with ;vrv altered feilj
called upon a mutual Vrienu, where SOchexty
tions were given as" to the quarrel bttijf ,T
ing before, that a hostile meeting: was Utu
ment quashed. Had it not been, ' hoWerO
mis ; loriunaie inciaeni oi provsro-gytH
there is no saying how matters would hi j
ded. We, knowing all those circumslart
entitled to say , that but for thi3 exeelleht tjL.
isai.one or two valuable hves njight bivtie.
sacrificed to notions ofialse honor. 'Ms
. . ' ! ' I I
Jt touch cf the Sublime.-A yenwi
torney in one of the intefor couhtiei a.u
hatha had volunteered,
his services in beau'
of a man accused - of a
mnrdnr If a .v-J
- ; 7 - ; ; T . "fc
and addressed tho Jurv an ;fnlfnat f'.'
needless to say it produced a greaf fft,
xfetifeuien of the Jwry.-in this tijj
passed come of the happiest da pAc:;
istence, it is the scene j of my childhood
I have pursued the rural walks and n J
scenes of this delightful place;'! have vu
edtjie sylph like form bf beafity as ihe
dedtkough the mazy dance. AUnfJ
Iiest; recollections and fondest hope?'
here. In throwing mv eyes around-If
delightful apartment I beheld mtnr If t
earliest friends of my father--bis destrf,
fondest associates. Oh how hry throti 1
bosom beats with gratjtude p the
Disbenser of all good. I that ho has ert'
rnn tn return once more, to thLt driilku
village to end my days amidst its ecu-
ing pleasures.' - j .i --. I
I Ia mAAOAf1a.l 4latt ft snrl J
lh l wwwuwu biiuo .aaa caia vs. o w'-' "
want of breathstood 4 few moment, H
ing the audience-as tfconaous bf I
ty effort and again" commenced wita
words. - . . v .-r'. ... 4r
Kaentlernen of the? Jury rib a
tought case ; I don't exactly know prcj
think of it, yoti must ese yoiir; ovi .
ment about it.7': fjharjiston, Lcuntr
Preventive of sea sickness-TbU&
mie'd. Industrie published in Bnissel4si
that a girdle worn rbubd thebodaf.
bowels, that is over fheepigai, vm$
prevent sea sickness, i j It is' said to
by keeping the intestines from orcrsfc-f
ward against the rJiapbragm, when
decends from the top.of a wave.
sickness, but affords anj instahUneoa
Tho Journal above incntiohcd
this as by no means modern r iof fjj
but known to the monks .of Palcsticrj
keen it secret, but were well paid byHg
to pilgrims embarking at Damcttiforifj
bits of paper which had touched
sepulchre, with directions oilTeS
bound in the manner round their
This procured a brisk fale for"tb4.m
5m ntnms rpjtpmbhnb those oP :
ness are often experienced b Pf15
delicate nerves in riding in a f?f
arougbt road, by twinging,
what is remarkable,; when drcamicj J
ing from a considerable elevaUou.
been observed mat taaies wesru ,
sets, tightly Jaced, - oowever wjU4,vT
may oUierwfae be to th6 healthy are
time preserved by them trom
An lnstonce is given ofja seaman
caped this malady foriaany Jrt
cehedin his nde.CiUxr '
nu VtriniA nererlitt
rr .. j .nA tfist thfl. SOOXD U
Challenge, Julia .rtJ!
horse in the United ' te K - tt
four mile heats, has fe '
Tnrrman- and wel shall PfJri
enabled to acquaint our readers . i ,
mrticulaxriir the courspw!,., kfri
vm,f a
the rjculaaiir
$
5
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