Page images
PDF
EPUB

Inder.

A.

ACT of parliament prescribing an oath of allegiance and supremacy,.

ACT of the legislature of S. Carolina: concerning the oath of allegiance of 1777,

66

[ocr errors]
[ocr errors][ocr errors]
[ocr errors]
[ocr errors][merged small]

ABJURATION and Allegiance: acts relating thereto,.....

.126

..135

[ocr errors][merged small][merged small][merged small][merged small]

to carry into effect the nullifying ordinance,. . . .. . . .371
............ 126, 135, 147
ADDRESS of the People of South Carolina to the 23 States, on the ordinance, &c...
AGRARIAN Laws,......

ALLEGIANCE, oath of: see Abjuration and Allegiance.

.346

18

[blocks in formation]

Documents, Memoranda, and Acts of the Legislature relating to the Boun-
DARY LINE of South Carolina: viz.

Extract from Gov. Drayton's View of South Carolina in 1802, in relation to
the boundary line of the State....

.404

Remarks of the Editor thereon......

.405

Extract from Timothy's Southern Gazette, October 21, 1732..

.406

64

being the representation of Geo. Burrington, Governor of North
Carolina, on the Boundary Line...........

..406

Counter representation of Governor R. Johnson, of South Carolina, Timothy's
Southern Gazette, Nov. 4, 1732........

...407

List of papers and documents relating to the boundary line of South Carolina,
deposited in the Office of the Secretary of State at Columbia..... ...407
Documents relating to the boundary line between South and North Carolina,
to be found in the acts of the North Carolina Legislature and in the office
of the Secretary of State at Raleigh, North Carolina,..
Communication from Governor Swain, of North Carolina, to Jos. G. Cogswell
Esq. (for Dr. Cooper.).......

.......409

.409

AN ORDINANCE for ratifying and confirming a Convention between the States
of South Carolina and Georgia relating to Boundary, passed 29 Feb. 1788...411
Certain articles of boundary agreed on between the two States... . .. . .413
AN ACT CONCERNING the line of division between this State and North Caro-
lina, passed 21st December, 1804.......

.415

AN ACT FOR RATIFYING and confirming a provisional agreement between the
State of South Carolina and the State of North Carolina, concluded at Mc'
Kinney's, on Toxaway river, the 4th of Sep. 1813...

...416

VOL. I.-56.

An Act to declare the assent of this State to a Convention between this State
and the State of Georgia for the purpose of improving the navigation of the
Savannah and Tugaloo rivers 20th Dec. 1825....

BREVARD, JUDGE. His abridgement of the Laws..

His observations on the legislative history of South Carolina..
First period, 1630 to 1720. .

[blocks in formation]

.422

IV

.425

425

.430

.432

.433

.439

.43

[blocks in formation]

Of South Carolina: first, page 21, second..

CHESTERFIELD, resolutions passed there, and report thereon.

COMMUNICATION to the Governor (M'Duffie,) by the editor, on this edition..
CONFEDERATION, Articles of, July, 1778....

CONSTITUTION of John Locke...

Of the United States, with the ammendments...

.159, 167

..169

168

.169

.VII

.31

226

.I

152

.XII, 42

.171, 181

Resolutions of the 2 houses of So. Ca. 18th Dec. 1829, respecting the same.. 183
Constitutions of S. Carolina, notice of early ones not adopted....
South Carolina, of 1776..

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

CONVENTION of South Carolina: see title Documents relating to the Convention...
COOPER's edition of the Statutes at large of Great Britain..

VI

D.

DURHAM, a county Palatine...

..16

DOCUMENTS, Legislative, relating to the protecting Tariff, and other questions of federal
relation, anterior to the Convention of 1832, with a brief analysis of each.
Resolutions passed at Chesterfield, and report thereon.....

226

Federal Judiciary decisions, report thereon, 228: also on internal improvements,
protective imposts, and misapplication of powers. . . .. . .

.228

Mr. Ramsay of the Senate: report of the Special Committee on the resolutions
introduced by him, Dec. 1827...

230

That the federal Constitution is a creature of the States, in their State capa-
city, not of the people in their popular and individual capacity......
Observations on the decisions of the Supreme Court....

..231

.231

That the right of remonstrance in cases of infraction, belongs to the State le-
gislatures....

.233

Distinction between power abused, and power usurped. .

..234

Objections to the jurisdiction of the federal judiciary in controversies between
a State and the United States,....

.235

Congress not empowered to protect a parțial and local interest at the expence
of the general interest. Applied to the Tariff of protection..
Character of a general as opposed to a local interest...

.235

.236

Congress has no power to construct roads and canals within the limits of a state.237
Internal improvements not within the power of Congress under the pretence

of general welfare......

A power must be given plainly and directly, not indirectly...

..238
..238

General welfare confined in its exercise to the specifications in our common
compact....

Congress cannot constitutionally meddle with the colored population of these
States.

.239

.....239

South Carolina, in cases of usurped power, must approach Congress, not as an
inferior owing obedience, but as a sovereign and an equal... ...

.239

It is the duty of a State legislature to notice and object, in the earliest and
promptest manner, to an unauthorized assumption of power, or an infrac-
tion of the Constitution of any kind.

.241

Resolutions of the Committee.

Protest and instructions of the legislature of South Carolina on the right of
Congress to impose protecting duties, Dec. 19, 1828.

.242

Exposition and Protest on the Tariff...

.244, 246
.247

The Tariff tax sustains both the American System and the Government......249
Immaterial as to the result whether imposed on export or import..
Proportion of export of the Southern States to the whole export of the union,
about 7 to 10 3-5.......

250

250

The Tax falls on the consumers; but the consumers of the Northern States
are indemnified; the Southern consumers are not.......
Wages of labor and profit of capital in the United States and England.....
A manufactured article of cotton here, will cost at this time to the consumer
80 per cent more than in England..

252

.256

..256

The Tariff monopoly prevents the South from enlarging her production by
enlarging her market...

The home market of the North is no adequate Compensation...

.257
..257

A great export trade of cotton goods of home manufacture, illusive..
The loss produced to the South by this Tariff taxation, is not compensated by
the gains of the Northern Manufacturers.....

.257

..259

The Constitution authorizes the manufacturing States,each for itself, to lay an
import duty if they think fit to do so.........

.259

The tendency of the protecting Tariff is to corrupt the government and destroy
the liberties of the country..

.260

The manufacturing States being the majority, are irresponsible and uncontrol-
lable; and in fact, act as sovereigns over the minority.
Erroneous views of the power of the Federal Judiciary....

.261

.264

Where resort can be had to no tribunal superior in authority to the parties,
the latter must decide for themselves......

.266

The right of the States to interpose in cases of unconstitutional usurpation on
the part of the Federal Government, is indeed a right not expressly declared,
but necessarily inferred; like the right of the Judges to decide on the un-
constitutionality of a law....

.267, 268

The objection to the power of State interposition, that it places the minority
over the majority, invalid; and why......

The Tariff of protection affords a proper case of State interposition...
Interposition in cases of infraction, a duty....

..268

..272
.273

Georgia. Report of the Legislature on the South Carolina Resolutions of 1828.274
The Federal Constitution is a compact between independent sovereignties....274
The articles of confederation of 1778 made a special reservation of all rights
of sovereignty not expressly delegated........

..274

The affirmative grant of powers in the Constitution of 1787 operates an exclu-
sion of all powers not enumerated....

.275

The term general welfare, requires that the powers used to attain this end,
must be general in their nature and tendency..

..275

The Tariff of protection unconstitutional....

..275

So is the appropriation of money by Congress to improve or benefit a mere
section of the United States.....

..275

If it may be done at a small, it may at a large expense; so as to make the na-
tional treasury tributary to the aggrandizement of a particular section......275

The right of Congress to interfere on the question of domestic slavery, is not
a subject to be discussed. Non interference, was the sine qua non insisted
on by the Southern States when the Union was formed......
All associations for the abolition of Slavery, including the Colonization Society,
to be viewed with distrust......

Memorial of the State of Georgia on the Tariff..

The protecting Tariff, unconstitutional, and why.

[ocr errors][merged small][ocr errors][merged small][merged small][merged small]

..276

...276

277

277

.278

.279

.279

.280

.280

.281

The promises of the manufacturing States are ill-founded assumptions.......281
The protecting Tariff will diminish our Revenue; for the profits it gives to
the manufacturer, do not go into the Treasury..

.282

In all Tariff taxation, the consumer pays the tax as if it were part of the price
of the commodity..........

.282

The power claimed of protecting manufactures is not included in that of pro-
moting useful arts...

.282

A revenue Tariff is constitutional, and necessary..
A protecting Tariff will give rise to smuggling....
Remonstrance of the State of Georgia to the Tariff States. December 1828....286
The repeal of the protecting system demanded.....

.283

..284

.287

The power to protect commerce was not meant to operate on the internal con-
cerns and interests of the several States. It was given to enable commer-
cial treaties to be formed with foreign powers and equalized through all the
States......
.288
Uniformity and equality of imposts being required, it negatives the power of
all taxation meant to give an advantage to one section of the Union over
the others.....

If protection be granted to one manufacture, every other has a right to de-
mand it......

.288

......

The exercise of a power not granted, but assumed, is despotism... ..
If the general welfare embraces all powers proper to promote it, the enume-
rations of powers in the Constitution are nugatory...

...289

..289

This expression. (the general welfare) is not of itself a grant of powers, but
merely the designation of the object to which the powers specifically grant-
ed are to be applied.......

The whole prohibitory system is founded in error. Each State ought to be
left equally free to use for its own benefit, the natural or acquired advanta-
ges it possesses...

.289

.289

.290

These encroachinents on the national compact put the Union itself at risk.....290
We entered the Union for the protection of our rights: if instead of being
protected they are infringed, we must seek, as we did under British domi-
nation, an effectual remedy.....

.291

Virginia. Resolutions of, on the powers of the Federal Government..
The Resolutions transmitted by South Carolina, are "mainly sustainable"....292
The Government of the United States, federative in its character and limited
in its powers......

.292

..293

Virginia abides by her expose and proceedings in 1798...

...

..293

The proper construction of the Constitution is a limited one-no power in
Congress is sanctioned by it, that is not enumerated: nor can any power
be exercised but for the purposes therein designated.....
The protecting system not authorized by the power of promoting science and
the useful arts.....

....294

294
Enumeration of some proposals rejected in the Convention of 1787... .294
The power to lay and collect taxes &c. Section 8 of Article 1, does not include
the right of enacting the protective system...

..295

To provide for the common defence and general welfare, includes no specific

power..

The power given to regulate Commerce with foreign nations, involves no
power over our domestic manufactures, which are fixed, permanent, and
local establishments.......... . .. . .

To regulate Commerce, means to extend, to protect, to perfect it. The
American system contemplates its annihilation. . . .. . . .

In the formation of this government, all local, interior, domestic concerns that
the States were competent to regulate each for itself, were left to the
exclusive legislation of the separate States. All matters of foreign policy,
all matters of a general character, that equally affected all the States, were
referred to the Federal Government.

.296

.299

.299

The Federal and State Governments, mutual checks on each other...
The Legislatures of the several States are the guardians of our political In-
stitutions; and each State has the right to construe our national compact for
itself..

.300

300

.301

The protecting Tariff, is partial, impolitic and oppressive; and unauthorized
by the Constitution of 1787....

.302

South Carolina. Resolutions of, on the Constitution of the United States, and
the powers of the General Government..
Declare a warm attachment to the Union.

.303

.303

That the States being parties to the national compact, are in duty bound to
interpose in case of an infraction.....

....303
That there being no common Judge appointed of competent authority, each
party in cases of alledged infraction must judge and decide thereon for
itself, as well as concerning the mode and measure of redress..........303
That a disposition has appeared in Congress to extend, enlarge, and destroy
the limitations of powers granted, by forced constructions, expansions of
general phrases, and implications not warranted by the intent of the framers
or by the expressions or spirit of the Constitutional charter....... .......304
That the laws enacting protecting duties for manufactures, are deliberate,
dangerous, and oppressive violations of the national compact...
..304
Report of the Committee on Federal Relations, Dec. 1831, on the letter of
General Jackson, President of the United States...
The letter of the President expresses his official opinions...

.305

.305

It assumes and denounces some plan of disorganization presumed to be in con-
templation in South Carolina....

.306

It is his duty to lay before the constituted authorities the nature, extent, and
evidence of this presumed plan.......

.306

Freedom of discussion can neither be prohibited or prevented...

306

The public and Legislative discussions of South Carolina, are not to be, and
will not be controlled by any threat of the President.

.307

When the President denounces and threatens "disorganization," he attacks a
supposed offence unknown to the Laws and Constitution....

.307

Even supposing a plan of disunion to be contemplated, the President has no
right to denounce, and no power to oppose, or prevent it......
The right of secession is inherent in every State...

.307

.307

Every State has the right of judging and deciding whether a Law of Congress
be constitutional or not: and such judgement is to her, paramount: and the
law in question can only be enforced by violence and tyranny..
The letter of the President of the United States to sundry citizens of this
State, is an unauthorized interference, dangerous to the rights of the State,
and repulsive to the feelings of a free people..

.308

..308

.309

DOCUMENTS, relating to the FIRST Session of the Convention with a brief analysis of each.
Act to provide for calling a Convention of the People of this State..........309
A Convention to meet at Columbia, the 3d Monday of Novr. 1832.....
The Managers of Elections to open the polls on the 2d Monday of Novr. 1832, 309
Persons qualified to vote for Members of the Legislature, are qualified also
to vote for Members of the Convention.....
........310
Each District to send a number of Delegates, equal to the whole number of
Senators and Representatives they are entitled to send to the Legislature, 310
All free white male citizens of 21 years of age and upwards, entitled to vote, 310

« PreviousContinue »