DOCUMENTS.

empowered, from time to time, when they may deem it proper, to provide CONVENTION for the administration to the citizens and officers of the State, or such of 1833. the said officers as they may think fit, of suitable oaths or affirmations, binding them to the observance of such allegiance, 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 in Convention, at Columbia, the eighteenth day of March, in the year of our Lord one thousand eight hundred and thirty-three, and in the fif ty-seventh year of the Sovereignty and Independence of the United States of America.

ROBERT Y. HAYNE, Delegate from the Parishes of St. Philip and St. Michael.

PRESIDENT OF THE CONVENTION.

ISAAC W. HAYNE, CLERK.

AN ACT

To modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all other acts imposing duties on imports.

excess, &c.

SEC. 1. Be it enacted by the Senate and House of Representatives of the After Dec. 31, 1833, all duties United States of America in Congress assembled, That from and after exceeding 20 the thirty-first day of December, one thousand eight hundred and thirty- per cent, to be reduced by three, in all cases where duties are imposed on foreign imports by the biennially act of the fourteenth day of July, one thousand eight hundred and striking off one thirty two, entitled "An act to alter and amend the several acts im- tenth of the posing duties on imports," or by any other act, shall exceed twenty per centum on the value thereof, one tenth part of such excess shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-five, another tenth part thereof shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-seven, another tenth part thereof shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and thirty-nine, another tenth part theref shall be deducted; from and after the thirty-first day of December, one thousand eight hundred and forty-one, one half of the residue of such excess shall be deducted; and from and after the thirtieth day of June, one thousand eight hundred and forty-two, the other half thereof shall be deducted. SEC. 2. And be it further enacted, That so much of the second sec Duty on plains, tion of the act of the fourteenth of July aforesaid, as fixes the rate of kerseys, &c. raised to 50 per duty on all milled and fulled cloth, known by the names of plains, cent. kerseys, or kendal cottons, of which wool is the only material, the value whereof does not exceed thirty-five cents a square yard, at five

VOL. I.-51.

1833.

CONVENTION per centum ad valorem, shall be and the same is hereby, repealed. DOCUMENTS. And the said articles shall be subject to the same duty of fifty per centum, as is provided by the said second section for other manufactures of wool; which duty shall be liable to the same deductions as are prescribed by the first Section of this act.

After, &c. duties to be paid in cash, &c.

1

SEC. 3. And be it further enacted, That, until the thirtieth day of June, one thousand eight hundred and forty-two, the duties imposed by existing laws, as modified by this act, shall remain and continue to be collected. And from and after the day last aforesaid, all duties upon imports shall be collected in ready money; and all credits now allowed by law, in the payment of duties, shall be, and hereby are abolished; and such duties shall be laid for the purpose of raising such revenue as may be necessary to an economical administration of the Government; valued at ports and from and after the day last aforesaid, the duties required to be paid by law on goods, wares and Merchandize, shall be assessed upon the value thereof, at the port where the same shall be entered, under such regulations as may be prescribed by law.

Goods to be

of entry.

Articles to be free after Dec. 31, 1833.

Articles to be free after June 30, 1842.

SEC. 4. And be it further enacted, That, in addition to the articles now exempt by the act of the fourteenth of July, one thousand eight hundred and thirty-two, and the existing laws, from the payment of duties, the following articles imported from and after the thirty-first day of December, one thousand eight hundred and thirtythree, and until the thirtieth day of June, one thousand eight hundred and forty-two, shall also (be) admitted to entry free from duty, to wit bleached and unbleached linens, table linen, linen napkins and linen cambrics, and worsted stuff goods, shawls, and other manufactures of silk and worsted, manufactures of silk, or of which silk shall be the component material of chief value, coming from this side of the Cape of Good Hope, except sewing silk.

SEC. 5. And be it further enacted, That from and after the said thirtieth day of June, one thousand eight hundred and forty-two, the following articles shall be admitted to entry, free from duty, to wit: indigo, quicksilver, sulphur, crude salt petre, grind stones, refined borax, emory, opium, tin in plates and sheets, gum Arabic, gum Senegal, lac dye, madder, madder root, nuts and berries used in dyeing, saffron, tumeric, woad or pastel, aloes, ambergris, Burgundy pitch, cochineal, camomile flowers, coriander seed, catsup, chalk, coculus indicus, horn plates for lanterns, ox horns, other horns and tips, India rubber, manufactured ivory, juniper berries, musk, nuts of all kinds, oil of juniper, unmanufactured rattans and reeds, tortoise shell, tin foil, shellac, vegatables used principally in dyeing and composing dyes, weld, and all articles employed chiefly for dyeiny, except allum, coperas, bichromate of potash, prussiate of potash, chromate of potash, and Duty after June nitrate of lead, aqua fortis, and tartaric acids. And all imports on certain classes which the first section of this act may operate, and all articles now

30, 1842, on

of articles.

admitted to entry* from duty, or paying a less rate of duty than twenty per centum ad valorem, before the said thirtieth day of June, one thousand eight hundred and forty two, from and after that day may be admitted to entry, subject to such duty, not exceeding twenty per centum ad valorem, as shall be provided for by law.

"Quere, if the word free be not omitted.

DOCUMENTS.

SEC. 6. And be it further enacted, That so much of the act of the CONVENTION fourteenth day of July, one thousand eight hundred and thirty-two, or of 1833. any other act, as is inconsistent with this act, shall be, and the same is hereby, repealed: Provided, That nothing herein contained shall be so All acts, &c. construed as to prevent the passage, prior or subsequent to the said inconsistent &c. repealed. thirtieth day of June, one thousand eight hundred and forty-two, of any act or acts, from time to time, that may be necessary to detect, prevent, or Proviso. punish evasions of the duties on imports imposed by law, nor to prevent the passage of any act, prior to the thirtieth day of June, one thousand eight hundred and forty-two, in the contingency either of excess deficiency of revenue, altering the rates of duties on articles which, by the aforesaid act of fourteenth day of July, one thousand eight hundred and thirty two, are subject to a less rate of duty than twenty per centum ad valorem, in such manner as not to exceed that rate, and so as to adjust the revenue to either of the said contingencies.

[Approved, March 2, 1833.]

or

NOTE.

The proceedings of South Carolina in opposition to a protecting Tariff, and the threatened measures of Government in retaliation, seemed likely to produce a dissolution of the Union by the secession of South Carolina, which would probably have been followed by a similar movement in the other Anti Tariff States in the South. Mr. Henry Clay of Kentucky, a strenuous advocate for the protecting system, proposed a compromise, to which, for the sake of peace, South Carolina acceded: not renouncing her rights or her principles, but not refusing to meet half way, the advocates of opposing interests. Mr. Clay introduced into Congress the preceding act, known by the name of Mr. Clay's compromising law; which I insert here as a proper close to the history of this dispute. I hope and trust, that it will prove in fact, what it was intended to be, a full and final settlement of the Tariff Contest; a contest which adds one to the many proofs that a Tariff is a bad mode of raising a revenue, and that a custom house is a nuisance, and a war-breeder, both at home and abroad.

The FORCE BILL, (passed 2nd March, 1833) claiming the right of coercing into obedience and submission by hostile armament, any State that should deem it necessary to oppose an act of manifest usurpation, still remains among the Laws of Congress, a disgrace to that body and to every man who gave his voice in its favour. Whatever binding force this act of despotism may have in Congress, it has none in South Carolina.

Of the preceding documents relating to the Convention, extracted from the Journals of its two sessions, the first Report is said to have been written by Gen. R. Y. Hayne-the Address to the People of South Carolina, by R. J. Turnbull, Esq.-the Address to the People of the United States, by the Hon. George M'Duffie-the Report on the mediation of Virginia, by Gen. James Hamilton-the Report on the Force Bill, by Judge Wm. Harper. ED.

DOCUMENTS, MEMORANDA, AND ACTS OF ASSEMBLY,
LATING TO THE BOUNDARY LINE.

RE

PRELIMINARY NOTICES.

The Act of the Legislature of South Carolina of 15th Dec. 1815, seems to have put an end to the long continued dispute between the two States of South and North Carolina on this subject. But mistakes may still arise among the occupants of land on the frontier, as to the course and direction of that line, in particular places; and reference is desirable to the documents of survey: the whole dispute, also, constitutes a part of the legislative history of South Carolina. I have therefore deemed it not useless to collect the documents and memoranda relating to this long contested boundary, and to insert a list of such as remain, that they may referred to and consulted, should some future occasion call for them.

ED.

be

Extract from Governor Drayton's View of South Carolina, 1802, page 3. Situation of the State. See also, 1 Ramsay's Hist. S. C. p. 28.

"South Carolina is situated in North America, between thirty-two degrees, and thirty-five degrees eight minutes of North Latitude, and between one degree twenty-four minutes, and six degrees ten minutes West Longitude from Washington, the seat of government of the United States of America.

It is bounded Northwardly by a line commencing at a Cedar Stake marked with nine notches, on the shore of the Atlantic ocean, near the mouth of Little River, thence pursuing by many traverses a course, West, Northwest, until it arrives at a point of intersection in the Apalechean Mountains. From thence due South until it strikes Chatuga, the most Northern branch or stream of Tugoloo river. Thence along the said River Tugoloo, to it confluence with the River Keowee. Thence along the River Savannah until it intersects the Atlantic ocean, by its most Northern mouth. Thence North-eastwardly along the Atlantic ocean, (including the Islands) until it intersects the Northern boundary near the entrance of Little River. These boundaries include an area, somewhat

triangular, of about twenty-four thousand and eighty square miles; where- DOCUMENTS.

of nine thousand five hundred and seventy lie above the falls of the rivers, and fourteen thousand five hundred and ten are between the falls and the Atlantic ocean. Hence, North Carolina stretches along her North-eastern and Northern frontier; Tennessee along her North-western; and Georgia along her Southern frontier.

By what authority.

The authorities from whence these boundaries arise, are-1st. The ancient charters from the Crown of Great Britain.

2d. Their resumption by, and surrender to, the Crown of Great Britain.

3d. The Treaty of Paris in 1763.

4th. The royal instructions to the Governors of South and North Carolina, by whom Commissioners were appointed, who ran the boundary line between those States in the years 1764 and 1772.

5th. The definitive treaty of peace between the United States of America, and his Britannic Majesty, done at Paris in the year 1783.

6th. By the settlement of Boundary between South Carolina and Georgia, done at Beaufort, by Commissioners duly appointed from either State for that purpose.

7th. By cession of the Western territory of the State towards the Mississippi to the United States of America, in pursuance of an Act of the Legislature of the State passed for that purpose in the year 1787.

8th. By Indian Treaties."

The "Ancient Charters" above alluded to by Governor Drayton, he has enumerated in the following note to page 3, viz

"The first Charter that appears to have been granted for North America including any part of South Carolina, was by Queen Elizabeth to Sir Humphrey Gilbert, dated the 11th of June, 1576. See Stith's History of Virginia, p. 4.

In the year 1584, another Charter was given by Queen Elizabeth to Mr. Raleigh, afterwards Sir Walter. Anderson's History of Commerce, vol. 2, p. 157, 158.

In 1606 King James the first granted another Charter, including a part of South Carolina, to Sir Thomas Gates and others: and in 1612 by another Charter he extended the privileges of that Company. See Stith's History of Virginia, p. 329, as also the above Charters in the Appendix at the end of that Book."

The Province of Carolina, including originally the territory now called the States of North and South Carolina, was granted to eight Proprietors, as may be seen in the two Charters of Charles the Second, already herein inserted. On the 25th of July, 1729, seven of the eight Proprietors surrendered to the King, under the authority of an Act of Parliament, 2d George 2d, Ch. 34, also inserted in this Collection. Lord Carteret, (afterwards Lord Granville) the eighth Proprietor, did not resign till the 17th Sept. 1744, the date of the third Charter of North Carolina. After the resignation of the seven Proprietors in July, 1729, the Government became regal, and the Province of Carolina was divided into North and South Carolina, by an order of Council, which I cannot procure. Lord Carteret's eighth part, subsequently surrendered in 1744, was located by Commissioners appointed by him and the King, next adjoining Virginia; bounded North by the Virginia line, East by the Atlantic, South by latitude 35 degrees 34 minutes North, and West as far as the bounds of the Charter. (See note at the end of the second Charter of South Carolina.)