Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-29

MI. s. ID. Miller moved now to strike on, an after the
word "thereof,' on the 18th line, which, in effect, was
to destroy the amendment OF Mr. johnson, and a little
A motion was made to adjourn, but was lost. The yeas
aud nays were called for by MIR. johnson, and the question
being on MIR. =. ID. Miler's amendment, they were /:
ycas73-nays7 10.
The question now REQUIRED on Mr.. Johnson's amend
meni. and on putting it 10 the Convention, il was carried.
The Ordinance, ~ now amended, aud the nulniiying clauses
therein. having bcen read by the President, the question
was on the passage OF the whole, when MIR. Turnbuil
moved TO insert the words, ' commonly called the Force
BtH, AMI Mr.. Wilson moved, in addition, the words,
" BfOody Bit" Mr.. II. W. lIsruwell rose, and said, ho
trusted that Mr.. Turnbull would withdraw his amendment,
which was accordingly done, aud the question was on the
passage OF the Ordnance as amended--the yeas aud nays
were ordered, aud are. yeas 1872 nays l9;-Nir. John l..
Wilson voting in the negative.
The Ordnance was then ordered Tor engrosfment.
The Report on MIR. wilkins's Bill was now called I'm.
'ni having been read, was adopted.
The Pre,iicnt read a letter from the Hon. J. s. Rich
ardson, %rcsigning his seat in the Convention, which was
ordered to lie on the table.
MIR. Smith called up his resolution, Tor continuing the
military preparations, &c, aud as Mr.. II amil,oi's, i'm re-
terence TO the future action of tho State, in certain events.
had precedence, they having, in tina, manner, been print.
cd and ordered; some debate ensucd, aud OH the question
TO consider, they were ordered to lie on the table.
MIR. Wilson, from the Committee OH Engrossment, re-
por'cd the Ordinance as ready Tor ratification. The Presi-
dent and Clerk then signed it, in the presence OF the Con-
vention, and a crowded assembly of pectators.
After a motion to print the proceedings OF the Conven.
ton, aud the manner IN which they were 10 be distributed
MIR. Hamilton moved that the Convention should resolve
Itself Into a Committee OF the whole.-Mr. Turnbull was
called TO the Chair, and Mr.. Warren offered a resolution.
highly complimentary 10 the President, rendering him the
thanks oil the Convention Tor the digniied and impartial
manner in viii, h he had presided over its deliberations
The President re>uIning the Chair, and the Chairman of
The Committee OF the whole, having reported the re.olu.
ton, the President returned his acknowledgements in a
short, but spirited rcpIy.
On motion OF Mr.. Tnrnbuli, tina: the Convention do adj.
iourn, aud be diss lived, alter a PRAYER offered by The Row
Mr.. Ray, a momber, the convention was so adjourned
rnd dissolved, by the presiding officer.
REpNDr Mn npn,H >t-, 49,,
The Committee TO whom was referred the act of the Con.
grcss of the United States, entitled can act further TO
provide for the collection Of du,ies on imports" beg leave
mat they hare, so FAR a. time would allow, considered
INC Act Twin such attention as the importance of the matters
contained in IT would seem TO require. At the present mo.
men', when a question, which has long divided aud per
picked the country, has been adjusted on terms calculated
'o qn'ct agitation an restore harmony, il would have been
matter OF peculiar gr-tilication TO be able to indulge. with
out restraint, the feelings which such adjustment was cal
chlated oeNcHe. But your Committee regret TO saw, that
at The moment OF returning peace, the most serious and
alarming Cause OF dissatisfaction has been afforded nv Inc
act under consideration. Your Committee do most soil m N
" Deiievc that the principles sought TO be established by
The Act, are cdlculatel, when carried into practice. IN
destroy our Constitutional frame Of Government, 10 subvert
the public liberty, and to bring about the utter ruin and
de6a'emont ot The Southern States of This confederacy.
The general purpose of The whole act. though not ex-
pressed III the terms OF IL, is perfectly we'll known TO
nave occn 10 counteract aud render ineficacious an act
oil this State adopted in her sovereign capacity, for the pro.
lection oil her reserved rights. Believing as we most ful.
ly do, that the power attempted to be exercised bv IN.
Siaic Is among The reserved powers of the States, and
HAT IT may be exercised consistently With the Constitu-
lion OF the United States, an opinion formed by the good
people oil tbis State, upon the fullest and most careful con.
sideration, and expressed through their Delegates i'm Con.
venion, your Committee must on that ground alone have
becn convinced That The purpose Of coun,eracting that act,
anu inc means by which II is sought TO be counteracted,
are unauthorized by the Constitution. We think that
ms VIII become more apparent by attending to the lead
ing provisions of the act Of Congress.
The act gives to the President of tho United States e,r
limited time, an almost unlimited pover of control over
the commerce Of the whole United States; though Ger.
tairly the power was only contemplated TO be exercised
against that OF South Carolina.
1t exempts property in The hands of the officer of the
revenue, alledgcd 10 bo detained for enforcing tho nav
ment oil duties, from liability TO the process Of the State
Courts.
Ii ex'mPts a class of persons residing within the State
officers OF the u. States, and pei sons employ ed nv them
or acting und T their dire ion, or any other person profes,-
ing TO &C. in execution Of The revenue laws fom all re-
TO he State laws or State tribunals for any
crime, or " rong, done in execution OF the revenue laws
or under color thereof.
gives TO The same class Of persons the right to seek
redress Tor any alleged injury wha ever either 10 person
or properly, however foreign TO the proper subjects of the
jurisdiction. in the Court, OF Inc United states; pro, ided
the injury be received in conse quence of any aci done in
execution of the revenue laws.
ltdirecily supposes all The Courts Of the State. 10 he in.
terror ant subordinate TO those OF the Uni'cd States, aud
provides for rendering hem SO, by directing to them The
wlito OF eerfeOrdTi, superceding their juiisdic ion.
II aflec's TO limit and conuol the jurisdiction of the
courts OF the State providing Tor The removal Of causes
ron Uher coghzdnce, declaring their judgments void, and
providing lor the discharge Of persons conbued under their
process.
lttyrannically provides for rendering persons liable 10
punishment for acts done by them in execution of the laws
OF The State and The process OF its courts, to which they
are bound TO yield obedience aud which they are compell-
ed under the highest sanctions, TO enforce.
III not ony provides for the punishment Of persons thus
acting by the civil tribunal, but authorizes the empIov-i
ment of military force, under color of executing the
laws oil the United States, TO resist the execution of the
laws OF the State; superccding with the quick execution
OF me sword, the slower process OF courts.
The Act authorizes the confinement OF persons i'm unu-
sual places; which can only mean on board ships; in which
from the most remote parts OF the State may he
confined.
The committee believe that all these positions are dis.
tinctly sustained by the act in question. BY the con-
stitulion Of the United States, the power to regulate
portion OF the Legislative power, and as legislative pow
er, is incapable Of delegation. Congress has however. in
effect, delegated to the President, the power TO abolish At
his discretion, any port Of the u. States, or in,errupt
or destroy its commerce. This may easily be effected,
under the authority TO remove the custom house 10 any
port or harbour within the Collection district, by fixing il At
inconyenient or Inaccessible places. To say nothing of
tho unusual and tremendous character of this now r,
which New York or Philadelphia might perhaps sppre.
bend, 81 there were any expectation of its being exer.
ciscd with respect TO them, and the enormous abuse 10
which II Is liable, docs the constitution contemplate or
authorize the delegation Of this discretion TO an indiyidu-
Az " II were excrciscd, il would be a plain \ collation.
OF that part OF the constitution which directs that in
regulations OF commerce, no preference shall be given
TO the ports OF one State over those of another. The
same inequality is occasioned by directing The payment
OF cash duties. II is vain 10 cay that this has been rem
dered necessary by the act Of The State, and without il.
the collection OF revenue would be impracicable. What
ever lnrtsde may be allowed in The selection of means ne.
ee'sary and proper to carry into effect the granted powers
OF Congress, we believe no one has vet imagined Thai =
nlaln nytatn nj la ConufifY.nr- 49,. - -