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preparations heretofore begun by the state should be continued, and that effectual measures should be adopted and completed, for putting the state in a firm attitude of defence."

“AN ORDINANCE to nullify an act of the congress of the United States, entitled an act further to provide for the collection of duties on imports,' commonly called the

force bill.

"We, the people of the state of

South Carolina in convention as

sembled, do declare and ordain, that the act of the congress of the United States, entitled an act further to provide for the collection of duties on imports,' approved the 2d day of March, 1833, is unauthorized by the constitution of the United

States, subversive of that constitution, and destructive of public liber. ty, and that the same is and shall be deemed null and void within the

limits of this state; and it shall be the duty of the legislature, at such time as they may deem expedient, to adopt such measures and pass such acts as may be necessary to prevent the enforcement thereof,

and to inflict proper panalties on any person who shall do any act in execution or enforcement of the same within the limits of this state.

"We do further ordain and declare, that the allegiance of the citizens of this state, while they continue such, is due to the said state, and that obedience only, and not allegiance, is due by them to any other power or authority, to whom a control over them has been, or may be de

legated by the state: and the general assembly of the said state is hereby empowered, from time to time, when they may deem it proper, to provide for the administration to the citizens and officers of

the state, or such of the said offi cers as they may think fit, of suitable oaths or affirmations; binding them to the observance of such alle giance, and abjuring all other allegiance; and, also, to define what shall amount to a violation of their

allegiance, and to provide the proper punishment for such violation. Done at Columbia, the eighteenth day of March, one thousand eight hundred and thirty-three." The convention then adjourned.

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John P. King, J. M. Berrien, Scott,

have been created, the counties entitled to a larger number of representatives than one, may be reduced. This plan was adopted by

a vote of 140 to 92.

LEGISLATION.-Acts of the gene19,388 ral assembly of Georgia, passed at 16,354 the session in November and De16,300 cember, 1832.

142

106

2 1833.-CONSTITUTION.-A convention assembled early in May, to revise the constitution of the state, and propose an amendment that should reduce the number of members in the legislature. Their deliberations closed on the 14th of May. The senate is to consist of thirty-six members. When the general assembly shall find that this plan has been ratified by the people, the two branches are required to meet as one body, and make provision for the division of the state into thirty-six senatorial districts, which are to be composed of contiguous counties, and arranged in as compact forms as may be practicable; and each district is to be entitled to elect a senator. The basis on which the representation of the people in the house of representatives was ultimately fixed, is as follows the house is to consist of one hundred and forty-four members; fifteen counties, having the largest white population, are to be entitled to three members each; twenty-five counties, having the next highest number of white population, to two members each; and the remaining forty-nine counties to one member each. After every census, a new apportionment is to be made, and should new counties

ACADEMIES.-Four acadamies were incorporated.

APPROPRIATIONS. For the support of government during the year 1833, a sum not exceeding 20,000 dollars was appropriated to the printing fund, and the sum of 20,000 dollars was set apart as a contingent fund, subject to the order of the governor. By another act, the sum of 15,000 dollars was appropriated for the pay and support of the Georgia guard, for the protec tion of the Indians and the fractions, during the year 1833.

BANKS. No body corporate invested with banking privileges, or person, shall issue or circulate any bank bill, either of the banks of this state, or of any other state, of a less denomination than five dollars, under the penalty of $100.

If any bank shall refuse or fail to pay specie for any of its bills, &c. when demanded by any individual, such individual, in addition to the lawful interest, shall recover ten per cent. damages for such refusal, but this is not to authorize any bank, other incorporated institution, or broker, to recover such damages.

An act was passed, requiring the presidents and directors of all the banks in the state, to make semiannual returns, under oath, of the condition of such banks.

CONSTITUTION.-Several amendments of the constitution of the state were proposed. One in relation to divorces provides, that they shall be final and conclusive, when the par

ties shall have obtained the concurrent verdicts of two special juries authorizing a divorce upon legal principles.

DUELLING.-All persons who may have been heretofore engaged in a duel, are discharged from all disabilities imposed by preceding acts in relation to duelling, so far as the oath against duelling is concerned. All persons who may be here. after engaged in duelling, either as principals or seconds, shall be guilty of a high misdemeanor, and upon conviction, shall be punished in the penitentiary, for a term of years not less than four, nor more than eight years.

MANUFACTURING CORPORATIONS. Acts were passed to incorporate the De Kalb Manufacturing Company, with a capital of $30,000, which may be increased to $50,000; and a woollen and cotton manufacturing company, to be established in the county of Richmond; its capital is $50,000, and it may be increased to $100,000.

MINING COMPANIES.-An act was passed incorporating the Augusta, the Habersham, and the Naucoochy mining companies.

ICE COMPANY.-The Augusta Ice Company was incorporated.

INDIANS.-An act was passed to protect the Cherokees in the peaceable possession of the lands secured to them by the existing laws of the state; and to provide for bringing to trial of the trespassers upon the lots or fractions of land belonging to the state in the Cherokee country. Ten men under the command of a fit and qualified officer, shall be continued in the Cherokee country, who shall have full and complete power to protect each and every Indian in his and their persons, and also in the enjoyment of all their personal property; and it shall be the duty

of said commanding officer and his
guard to prevent the intrusion, no
matter by whom, on any lot of land
already or hereafter to be drawn,
or fraction undisposed of, on which
any Indian or Indians may and do
actually reside and occupy; the
commanding officer and his guard
are to visit and inspect the Indian
habitations and settlements; a per-
son is to be appointed to act as agent
or guardian of the Indians, whose
duty it shall be to reinstate any In-
dian who may have been illegally
dispossessed of his real or personal
property; but the person setting up
any claim to such property, may ap-
peal to the Superior Court; the agent
is also required to guard diligently
the fractions lying in the county in
which he resides, belonging to the
state, and to prosecute persons tres.
passing in said fractions by digging
gold or otherwise. Justices, she-
riffs, military officers, &c. are herby
enjoined to see impartial justice done
to said Indians, and to aid in sustain-
ing their just rights; any person
who shall dispossess them of their
personal property, or attempt to do
so, shall be subject to a fine of four-
fold the value of the property so
taken or attempted to be taken, be-
sides such other fine, not exceeding
$200, as the court may deem fit;
any person who shall by any act
either forcibly deprive, or in an ille-
gal manner, endeavour to deprive
any Indian or Indians of the posses-
sion or occupation of any lot of land
on which, or any part thereof, the
said Indian has resided as a home,
on conviction, shall forfeit all right
and title to said lot, or any part
thereof, and be fined in a sum not
less than $100, nor more than
$1,000; it is further enacted, that
though the oaths of Indians are not
admitted in the state courts, for the
purpose of protecting their persons,

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property and lands, their rights shall be recognised for these special purposes, and be considered as standing on the same footing with free white citizens of the state; any person who shall be guilty of any trespass upon the premises of the Indians resident aforesaid, shall be guilty of a high misdemeanor, and upon conviction thereof, shall be punished by a fine not less than $100, nor more than $500, and confinement in the county jail, for a term not less than three nor more than six months; no inferior court while sitting as a court of ordinary, shall grant letters of administration to any person on the estate of any deceased Cherokee Indian, or the descendant of a Cherokee Indian.

By another act the governor is required to discharge the guard placed in the Cherokee country for the protection of the gold mines, and to enforce the laws of the state.

FOREIGN ATTACHMENT.-All corporations in the state, are to be liable to garnishment both in cases of attachment and in cases at common law; they are to answer under their corporate seal by their presiding officer; summonses in garnishment shall in all cases be served personally; but no corporation shall be liable to be garnished for the salaries of any of its officers.

JURY FEE. In actions commenced in the superior or inferior courts, the jury fee is to be $3 on all verdicts which may be signed, and $1 on all judgments which may be confessed.

BAIL.-No person shall give bail more than twice for the same offence before trial therefor.

LANDS.-A number of acts and resolutions were passed in relation to the gold and land lotteries.

PENITENTIARY.-An act was passed to improve the penitentiary edi

fice, and to regulate the manage ment of its concerns. The system of penitentiary punishment is to be re-established.

PILOTAGE. An act was passed to amend the several laws in force in this state, regulating the pilotage of vessels.

NEGROES.-An act was passed to establish an infirmary for the relief and protection of aged and afflicted negroes.

Resolutions were adopted approv. ing the measures pursued by the president, for the purpose of inducing the Cherokees to remove; requiring the governor to appoint commissioners to prepare a plan for the buildings of the penitentiary, and digest a system of laws for its government.

Also a law, forbidding the employment of any slave or free person of colour, as a compositor, (type setter,) in any printing office in that state, under a penalty of $10 for every day during any part of which said black should be thus unlawfully employed.

Also the following resolutions, which received in the house of representatives a vote of 97 affirmatives, 57 negatives.

For as much as throughout the United States, there exist many controversies growing out of the conflicting interests, which have arisen among the people, since the adoption of the federal constitution, out of the cases in which congress claims the right to act under constructive or implied powers; out of the disposition shown by congress, too frequently to act under assumed powers, and out of the rights of jurisdiction, either claimed or exercised by the supreme court; all of which tend directly to diminish the affection of the people for their own government, to produce discontent, to repress

patriotism, to excite jealousies, to engender discord, and finally to bring about the event, of all others most deeply to be deplored, and most anxiously to be guarded against, viz. a dissolution of our happy union, and a severance of these states into hostile communities, each regarding and acting towards each other with the bitterest enmity.

And the experience of the past having clearly proved, that the constitution of the United States needs amendment in the following particulars:

1. That the powers delegated to the general government, and the rights reserved to the states or to the people, may be more distinctly defined.

2. That the power of coercion by the general government over the states, and the right of a state to resist an unconstitutional act of congress, may be determined.

3. That the principle involved in a tariff for the direct protection of domestic industry, may be settled.

4. That a system of federal taxation may be established, which shall be equal in its operation upon the whole people, and in all sections of the country.

5. That the jurisdiction and process of the supreme court, may be clearly and unequivocally settled.

6. That a tribunal of last resort may be organized to settle disputes between the general government and the states.

7. That the power of chartering a bank, and of granting incorporations, may be expressly given to, or withheld from congress.

8. That the practice of appropriating money for works of internal improvement, may be either sanctioned by an express delegation of

power, or restrained by express inhibition.

9. That it may be prescribed what disposition shall be made of the surplus revenue, when such revenue is found to be on hand.

10. That the right to, and the mode of disposition of the public lands of the United States may be settled.

11. That the election of president and vice-president may be secured, in all cases, to the people.

12. That their tenure of office may be limited to one term.

13. That the rights of the Indians may be definitively settled.

Be it therefore resolved, by the senate and house of representatives of the state of Georgia, in general assembly met, and acting for the people thereof, That the state of Georgia, in conformity with the fifth article of the federal constitution, hereby makes application to the congress of the United States, for the call of a convention of the people, to amend the constitution aforesaid, in the particulars herein enumerated, and in such others as the people of the other states may deem needful of amendment.

Resolved further, That his excellency the governor be, and he is hereby requested to transmit copies of this document to the other states of the union, and to our senators and representatives in congress.

Agreed to, 12th December, 1832. The following additional resolu. tion was offered, and carried by a vote of 102 to 51:

Resolved, That we abhor the doctrine of nullification, as neither a peaceful nor constitutional remedy; but, on the contrary, as tending to civil commotion and disunion; and while we deplore the rash and revolutionary measures recently

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