passed the following act to compel the courts to such a decision.

"Whereas, by the ordinance pas sed in convention, &c. it is ordained that all persons now holding any office of honour, profit, or trust, civil or military, under this state, (members of the legislature except. ed,) shall, within such time and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce the said ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, accord. ing to the true intent and meaning of the same; and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up, as if such person or persons were dead or had resigned.

Be it therefore enacted, That the form of the said oath should be as follows:

I do solemnly swear or affirm, that I will well and truly obey, exe. cute, and enforce, the ordinance to nullify certain acts of the congress of the United States, purporting to be laws laying duties and imposts upon the importation of foreign com. modities, passed in convention of this state at Columbia, on the 24th of November, in the year of our Lord one thousand eight hundred and thirty-two, and all such act or acts of the legislature, as may be passed in pursuance thereof, accord. ing to the true intent and meaning of the same, so help me God.

The said oath may be adminis. tered by any person authorized by law to administer an oath, and like. wise by all military officers to those under their command.

Every judge of the court of appeals, judge of the circuit court, chancellor and recorder of the city court of Charleston, now in office,

shall take the said oath at or before the time when he shall sit in judg. ment upon any case or matter, civil or criminal, at chambers or in open court, in which shall be in question, directly or indirectly, the aforesaid ordinance, or any act or acts of the legislature that may be passed in pursuance thereof; and every civil officer who held his office at the passing of the said ordinance, shall take the said oath, before or at the time when in the execution of his office, he may be required to perform any duty consequent upon, or in any wise connected with the said ordinance, or any act of the legislature passed in pursuance thereof, except the administering of an oath, or filing a certificate under this act.

Every military officer who held his office at the passing of the said ordinance, shall take the said oath, before or at the time when he shall be called into service under any act of the legislature passed in pursuance of the said ordinance, or for carrying the same into offect.

The governor may, whenever in his opinion the public interests de. mand it, by proclamation, require all or any particular officers, civil or military, within the state, or within any particular district thereof, to take the said oath within not less than one week from the publication of the proclamation, in the district in which such officer may be, and such officer shall take the oath within the time required by the said proclamation, and on refusal, neg. lect, or omission to do so by any such officer, his office shall be vacated."

After the passage of this act the result of a legal contest could no longer be doubtful; the federal tribunals being excluded, and the state bound to decide only one way.

Nullification must necessarily suc.

ceed in the courts, and the only thing remaining was to provide the means of resisting such counteractive measures as might be taken by the government of the United States. This was done in an act by which the governor is authorized to resist the employment of the naval or military force of the United States, for the purpose of enforcing the acts declared null by the convention; and with this view, placing at his command all the military force of the state. In case of any demonstrations of coercion on the part of the United States, by assembling an unusual force in or near the state, the governor is directed to issue his proclamation for volunteers, whose services he is authorized to accept. The militia is divided into four classes, to be called into service by classes, as the public exigencies may require. The time of service of the militia is twelve months, and of the volunteers six. The remainder of the act provides for the orga. nization of the troops.

But little else was done at this session of the legislature, the controversy in relation to the tariff absorbing the attention of all.

TOWNS AND VILLAGES.-Acts were passed to incorporate the villages of Abbeville, Pendleton and Newberry, and the town of Winns borough.

COLLEGE. The medical college of South Carolina was incorporated. RELIGIOUS SOCIETIES.-An act was passed incorporating ten religious and charitable societies.

shall not sit upon the trial of the appeal; but one of the circuit judges or chancellor shall be called in by the court in the room of said judge of the court of appeals.

MARRIAGE SETTLEMENTS AND PAROL GIFTS.An act was passed in relation to the registration of marriage settlements. The act also provides that no parol gifts of any chattel shall be valid against subse. quent creditors, purchasers or mort gagees, except where the donee shall be separate and apart from the donor, and actual possession shall at the time of the gift be delivered to and remain and continue in the donee, his or her executors, administrators or assigns.

FEDERAL RELATIONS.-Resolu. tions were passed recommending a convention of the states condemning the proclamation of the president, &c.

The contest as to nullification seemed to be approaching its crisis. A quantity of sugar was imported by governor Hamilton, in order to test the question, but he permitted it to be put into the custom-house stores, until it was ascertained what would be done in congress. On the other hand, instructions were transmitted from the secretary of the treasury to the collector, enjoining him to cause a sufficient number of officers of cutters and inspectors to be placed in charge of every vessel arriving from a foreign. port, who should anchor her in some safe place, and remain on board until the reports and entries required by law, should be made, the duties paid or secured to his satisfaction, and a regular permit. granted for landing the cargo. The collector was also directed, in case of any attempt to remove the vessel or cargo from their custody, by the form of legal process, issuing from

the state tribunals, not to yield the possession, but to consult the attorney of the district, and employ all legal means to resist such process, and prevent such removal. Should the entry of such vessel or cargo not be completed, and the duties paid or secured, within the time limited by law, he was also to land and store the cargo at Castle Pinckney, or some other place, and in due time if the duties should remain unpaid, to sell it. All vessels departing from the port of Charleston, were also to be boarded by the officers of the cutters, who were authorized to seize and detain those which should not be entered and cleared in the manner required by law. The military and naval officers at this post were ordered to aid and protect the revenue officers in the execution of their duties. Under these instructions, the collector detained two vessels, which arrived from Greenock and Havana on the 1st of February, but satisfactory security for the duties having been given, they were released. Upon the adjournment of the legislature, governor Hayne, who had been elected upon the resigning of go. vernor Hamilton, proceeded to Charleston, appointed 28 aids de camp, and both sides seemed resolv. ed upon coming to actual collision.

The latter part of January, how. ever, at a meeting of the leading nullifiers, it was resolved to suspend all proceedings underthe nullifying ordinance until the adjourn ment of congress, in the expectation that the proceedings before the federal legislature might terminate in a satisfactory adjustment of the controversy.

Before any adjustment however was had, a proclamation was issued, February 13, by Gov. Hamilton for the convention to assemble on the 2nd Monday of March, 1833, to

take into consideration the proffered mediation of Virginia.

Previous to the meeting of this body, Mr. Clay's compromise bil had passed, and after a reference of the whole subject to a committee in the convention, and some discussion as to whether the state had gained her object or not, the nullify. ing ordinance was repealed, the following resolutions passed, and an or. dinance nullifying the force bill, was also passed by a vote of 132 to 19.

"Resolved, That whilst this convention, as an offering to the peace and harmony of this union, in a just regard to the interposition of the highly patriotic commonwealth of Virginia, and with a proper deference to the united vote of the whole southern states in favour of the recent accommodation of the tariff, has made the late modification of the tariff, approved by act of congress of the 2d March, 1833, the basis of the repeal of her ordinance of the 24th November, 1832-yet this convention owes it to itself, to the people they represent, and the posterity of that people, to declare that they do not, by reason of said repeal, acquiesce in the principle of the substantive power existing on the part of congress to protect domestic manufactures; and hence, on the final adjustment, in 1842, of the reductions, under the act of 2d March, 1833, or at any previous period, should odious discriminations be instituted for the purpose of continuing in force the protective principle, South Carolina will feel herself free to resist such a violation of what she conceives to be the good faith of the act of the 2d March, 1833, by the interposition of her sovereignty, or in any other mode she may deem proper.

"Resolved, That it is the opinion of this convention, that the military

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

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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 appro. priated for the pay and support of the Georgia guard, for the protection 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