Art. 57. The punishment of the confiscation of goods. is abolished, and cannot be re-established.

Art. 58. The king has the right to pardon and commute the punishment.

Art. 59. The civil code, and the actual laws existing, that are not contrary to the present charter, will remain in full force until they shall be legally prerogated.

PARTICULAR RIGHTS GUARANTEED BY THE STATE.

Art. 60. The military in actual service, officers and soldiers, retired widows, officers and soldiers pensioned, are to preserve their grades, honors, and pensions. Art. 61. The public debt is guaranteed; every sort of engagement made by the state with its creditors is to be inviolable.

Art. 62. The ancient nobility are to retake their titles; the new are to preserve theirs; the king is to create nobles at his pleasure; but he only grants to them rank and honors, without exemption from the charges and duties imposed on them as members of society.

Art. 63. The legion of honor is to be maintained. The king is to determine the regulations and decora

tions.

Art. 64. The colonies are to be governed by particu

lar laws.

Art. 65. The king and his successors are to swear, on their accession, in presence of the assembled chambers, to observe faithfully, the constitutional charter.

Art. 66. The present charter, and the rights it crates, shall be entrusted to the putriotiem and courage of the national guard and all the French citizens. Art. 67. France resumes her colors; for the future there will be no other cockade than the tri-coloured.

SPECIAL PROVISIONS.

ORIGINAL PREAMBLE TO THE FRENCH

CHARTER.

"Louis, by the grace of God, king of France and Navarre, to all to whom these presents shall come, greeting. "Whereas, Divine Providence, in calling us to our kingdom after a long absence, has imposed on us great obligations. Peace was the first want of our subjects. We have been occupied without intermission in establishing it-and this peace, as necessary to France as to the rest of Europe, is signed. A constitutional charter was solicited by the existing government of the kingdom. We have promised it, and we now publish it. We have considered that it is desirable that all authority should rest in France in the person of the king. Yet our predecessors have not hesitated to limit its exercise according to the different periods in which they have lived. "It is thus that the commons owed their freedom to Louis le Gros, the confirmation and extension of their rights to St. Louis, and to Philipe le Bel. It was thus that the judiciary order was established and developed by the laws of Louis XI. of Henry II. and of Charles IX. and, in fine, that Louis XIV. sealed almost all parts of the public administration by different ordonnances, the wisdom of which nothing has ever surpassed. From the examples of kings, our predecessors, we have learnt how to appreciate the effects of the progress of civilization, the increased intelligence which its progress has introconse-duced in society, the bias given to the mind for the last half century, and the grave alterations which have been the results. We have known that the wishes of our subjects for a constitutional charter has been a real want; but in seceding to this wise desire, we have taken every preeution that this charter should be worthy of us and of the people we are proud to rule over. Wise men have taken upon them, in the highest classes of the state, to unite together to be judges of our council, and to assist in effecting this important object. At the same time that we acknowledge that a free and monarchcial constitution ought to answer the expectations of enlightened Europe, we have felt that we ought to remember also that our first duty towards our people is to preserve for the interest and advantage the rights and the prerogatives of our crown. We have hoped that, instructed by experience, our subjects will be convinced that supreme authority can only give to establish institutions that force, permanence, and majesty with which it is itself clothed. It is thus when the wisdom of kings agrees freely with the wishes of the people that a constitutional charter can remain permanent; but where, on the other hand, violence forces concessions from a weak and unstable government, public liberty is not less in danger than the throne itself. We have, however, sought for the principles of the constitutional charter in the French character, and in the venerable monuments of the past centuries. Thus we have seen in the revival of the peerage a true national institution, and which ought to be dear to all our remembrances and our hopes, and reminding ancient as well as

All the creations of peers during the reign of Charles X. are declared null and void.

Art. 27 of the charter will undergo a fresh examination during the session of 1831.

The chamber of deputies declare, thirdly, that it is necessary to provide successively by separate laws, and that with the shortest possible delay:—

1. For the extension of the trial by jury to misdemeanors, and particularly those of the press.

2. For the responsibility of ministers and the seconda ry agents of government.

3. For the re-election of deputies appointed to public functions.

4. For the annual voting of the army estimates. 5. For the organization of the national guards, and for the choice of their own officers.

6. For a military code, insuring in a legal manner the situation of officers of all ranks.

7. For the department and municipal administrations. 8. For public instruction and the freedom of tuition. 9. For the abolition of the double vote, and for the fixing the qualification for electors and deputies.

10. Declaring that all laws and ordinances which are contrary to the measures adopted for the reform of the charter, are from thenceforward annulled and abrogat-modern times. We have replaced by the chamber of

ed.

Upon condition of accepting these provisions and propositions, the chamber of deputics declares, that the universal and pressing interest of the French people calls to the throne his royal highness Louis Philippe d'Orleans, lieutenant general of the kingdom, and his descendants for ever from male to male, in the order of primogeniture, and to the perpetual exclusion of the female branches and their descendants.

deputies the ancient assemblies of the Champ de Mars et de Mai, and of the Tiers Etat which so often gave every possible proof of zeal for the interests of the people, of fidelity and respect for the authority of kings.

"In endeavoring thus to unite the history of the past with the present, which unfortunate events so long interrupted, we have effaced from our memory, as we would if we could efface from the pages of history, all the evils which have afflicted our country during our absence. We are happy to find ourselves in the bosom of a large family. We have not known how to reply to the love of which we have received so many proofs, but

In consequence, his royal highness Louis Phillippe d'Orleans, lieutenant general of the kingdom, shall be invited to accept and make oath to the above clauses and engagements-the observance of the constitutional char-in pronouncing the words of peace and of consolation: ter, and the modifications indicated-and after having made an oath before the assembled chambers, to assume the title of the king of the French.

Dated at the palace of the chamber of deputies, 7th August, 1830.

Presidents and secretaries:-Lafille, vice president, Jacqueminot, Pavee de Vendauvie, Cunin-Gridane, Jurs.

Examined with the original by us president and secrataries:-Lafitte, Jars, Jacqueminot, Pavce de Vendauvre, deputy de L Aube, Cunin Gridain, deputies des Ardennes,

the wishes most dear to our hearts are that all Frenchmen should live as brothers, and that no bitter feeling should trouble the security which ought to follow this solemn act which we agree to this day. Feeling assured of the nature of our intentions and wishes, shewn in our conscientious intentions, we engage ourselves betore the assembly who listens to us to be faithful to this constitutional charter, which we propose to swear to maintain with a new solemnity, and pledge before the altar of him who weighs in the same balance kings and nations.

"For these reasons we have voluntarily, and in free exercise of our royal authority, agreed and consented to

make concessions, and grant to our subjects, as well for us as for our successors, and forever, the constitutiona charter.

It is necessary that the administration [of the law} resume its ancient course in all respects.

Many changes, indeed, have been effected, and others are in preparation: but meanwhde, it is necessary that the authority of the state remain in the hands of men firmly attached to the national cause.

FRENCH CHAMBER OF PEERS, AUG. 21. The sitting opened at half past two, and the president, A movement so sudden and so vast could not be efafter having read several letters which had been sent to fected without some momentary confusion: that confuhim, communicated the following one from prince Polig-sion has reached its termination; and I require of all

nac:

good citizens that they gather round the magistrates, to aid them in maintaining, for the common benefit, order and liberty.

But until the new laws shall be enacted, those now in force must be obeyed; reason inculcates this, and the public safety enjoins it.

Let every man exert himself to convince his fellow citizens of the necessity of the crisis: for myself, I shall not fail of performing my promises hereafter, nor of discharging my duties at present.

St. Lo, August 17. M. LE BARON-Having been arrested at the moment of flying from the late deplorable events, and when I Some reforms are necessary in the public service, the was endeavoring to emigrate into the island of Jersey, receipt of certain imposts charges the country with a surrendered to the provisional committee of the prefee-heavy burden. Laws shall be proposed to remedy this ture of the Manche, as the charter did not allow the pro-evil. In the examination of this matter no complaint cureur du Rei of the arrondissement of St. Lo, nor the shall be smothered, no interest forgotten, no fact lost judge d' instruction to issue a warrant against me. Sup-sight of. posing that the government has given orders for my arrestation, it must remember that the chamber of peers alone, according to the new as well as the old charter, has a right to arrest a peer of the realm. I do know what the chambers will do in that respect, and if it will put to my account the untoward events, which I regret more than any one else, events which struck us like a thunderbolt, that no one could foresee and avert; for in Frenchmen: Europe beholds our glorious revolution that terrible moment it was impossible to know who to with admiration, not unmixed with astonishment. She listen to, who to apply to, and all we could do was to de-asks, can it be possible that such events can take place by fend life. I should wish, M. le Baron, to retire to my own house, and there to resume those peace ul habits which coincide so much with my inclination, from which I was called against my own will, as is well known by those who are acquainted with my character. Too many vicissi tudes have filled my life-too many misfortunes have passed over my head, in my tumultuous career. At least, in the days of my prosperity, no one can accuse me of having harbored any spirit of revenge against those who, perhaps, took advantage of their fortune to persecute me in adversity; and, indeed, M. le Baron, what would be our fate, if, in the midst of the turbulent age in which we live, the political opinions of those who are borne down by the tempest, are considered as treason by those who embrace the opinions of the political party?

the force of civilization and energy, and without throwing society into confusion? Let us dissipate all doubts upon the subject. Let a government, as orderly as it is popular, instantly succeed to the overthrow of absolute power. Liberty and publie order!' this is the device borne on the colors of the national guard of Paris; be it also in effect the spectacle which France shall display to Europe. In a few days we have ensured for ages the happiness and glory of our country.

LOUIS PHILLIPPE.

Paris, Aug. 15, 1830. The keeper of the seals, minister secretary of state for the department of justice,

DUPONT DU L'EURE.

SPEECH OF M. DE. CHATEAUBRIAND, Delivered in the French chamber of peers, 7th of Aug. The president declared the debate on the declaration

"If I am not allowed to retire to my own estate, I should be desirous of going to a foreign country, with my wife and children. It, after all, the chamber of peers issues a warrant against me, I should wish to be impri-adopted by the chamber of deputies to be open. soned in the fort of Ham, in Picardy, where I was detained during the long captivity which I supported in my youth, or in some spacious and convenient citadel. I prefer Ham to any other, as being most favorable to my bad state of health, not a little mcreased by the late unfortunate events. The mistortunes of an honest man are entitled to some consideration in France; but, at any rate, M. le Baron, it would be barbarous to drag me forth to the capital, at a moment when so many passions are in ferment against me, which time alone can appease. "I have been long accustomed to see all my designs construed into the most odious colors. I have exposed to you all my wishes, Monsieur le Baron, and I beg of you to communicate them to those who ought to know them, and also to believe me, &c.

M. Chateaubriand said that the declaration was not so

PRINCE DE POLIGNAC. "P. S. I beg of you to let me know when you receive

this letter."

complex for him as for those peers who professed an opinion different from his. One fact opened his eyes to all the others in the declaration, or rather destroyed them. He said if they were under a regular order of affairs, he should certainly examine with care the contemplated changes in the charter; many of them had been proposed by himself. He was only astonished that it was attempted in that chamber to entertain the measure of reaction concerning the peers created by Charles X. He was not suspected of weakness towards the batch and the chamber of peers might remember that he even encountered menace on that head; but to make us

judges of our own colleagues, he said, to strike out the list of peers at pleasure whenever either party had the power, bore too much similitude to a proscription. Did they wish to destroy the peerage? Be it so, better to

lose life than to sue for it.

As it may be supposed, this letter gave rise to great He reproached himself even for these few words on a agitation amongst the assembly, and it was finally resolv-detail, which, all important as it was, disappeared in the grandeur of the event.

ed that the chamber should name a committee to decide

what should be done in regard to the letter. This com- France, he said, is without a course, and I am to enmittee will communicate its opinion to the chamber nextgage in the question whether to add or to subtract from Monday, and is composed as follows:-Count Simeon, the masts of a ship from which the rudder has been torn Malleville, Caran, Seguier, count Portalis, count Ponti-away. I put aside therefore from the declaration of the culant, de Barante, Bastard' de l'Etancy, and duc de Va-elective chamber every thing of a secondary interest, and lony.

[From the Paris Moniteur of Aug. 16.]

PROCLAMATION.

in confining myself to the single fact announced, the va cancy, true or untrue, of the throne, 1 proceeded directly to the point. A previous question ought to be disFrenchmen: You have preserved your liberties. You cussed: if the throns is vacant, we are free to choose the have called me to govern you according to the laws.form of our government. Before offering the crown to Your task has been gloriously accomplished-mme is before me; it is to ensure respect to the government of law which you have achieved by conquest. I may not allow another to reject an authority to which I must submit myself.

any person whatever, it is best to know in what species of political order, we will constitute the social order. Shall we establish a republic or a new monarchy.

Does a republic or a new monarchy, offer to France sufficient guarantees for duration, strength, and rest.

A vast orchestra A republic would first have against it, the recollection Jing of the portrait of gen. Lafayette on foot, surrounded These recollections are not at by streamers of the national colors. The pieces played by of the republic herself, all effaced. We have not forgotten the time, when filled the extremity of the hall. death marched arm and arm with liberty and equality, the band were mingled with chorusses performing two -When you shall have fallen into new anarchy, cáncantatas, and with couplets in honor of the veteran of you awaken from his rock the Hercules who alone was liberty, and of the brave men who have so gloriously These couplets, sung by M. Adolphe able to smother the monster. There are but five or six fought for it. of these calendared men in history. In the lapse of Nourrit, were vehemently applauded. At the dessert, count Alexander de Laborde, prefect of the Seine, rose some few thousand years, your posterity, may see anoand proposed the following toast: ther Napoleon; as for yourselves, expect him not.

"The French nation and the king of the French." The company replied by an unanimous cry and reiterated acclamations.

M. Chateaubriand here proceeded to state his objections to a republic, because he thought an unanimous vote could not be obtained. He asked what right Paris would have to impose a republic on Marseilles, or any other city. Whether there should be a single republic or twenty or thirty republics; whether federative or independent. He doubted the possibility of procuring a pre-ceived, gen. Lafayette rose, and in the midst of the most He thought profound silence expressed himself in the following sident who would not soon desire to resign. that a representative republic might be the future govern- terms:ment of the world, but its time had not yet arrived.

The second toast was given by gen. Lebau, senior of the municipal commission-"To gen. Lafayette." After the acclamations with which this toast was re

My dear fellow colleagues: It is with a delicious emo He next passed to the monarchy. He said, that a king, tion that I thank you for the manner in which you have elected either by the chambers or the people, would al-received the toast proposed in your name by my honoways be a novelty; then he supposed they would desirerable and patriotic colleague. When the population of the liberty of the press-that liberty for which they had Paris rose spontaneously to repel aggression, and reaccomplished so astonishing a victory; well, every mon-conquer its rights, the rights of us all, the imprescriptiarchy would be forced, sooner or later, to gag that liber-ble rights of the human race, it deigned to remember an ever Napoleon could suffer it? He old servant of the rights of the people in proclaiming ty. He asked if asked if a monarchy, the bastard of a bloody night, would me its chief; in associating my name with its triumphs, have nothing to fear from the independence of opinions, it has recompensed the vicissitudes of a whole life. This and thought recourse would necessarily be again had to people, so great during the combat, has shown itself still the law of exception, notwithstanding the suppression of greater by its generosity. To day it is, with the deep rooted sentiment of its sovereignty, its true interest that eight words in the 8th article of the charter.

accounts from all the departments, testify a general as sent to their choice. There will be a difference of sentiment on many other points-all opinions are free-the press is at hand to enlighten, to warn public men, and all the citizens; but there is an observation which my old experience ought to submit to you.

Strangers!" he proceeded, "who have twice enter-it must organize its victory. Already all the patriotic ed Paris without resistance, know the true cause of your opinions have frankly rallied round a constitutional and success. You presented yourselves in the name of kaw-popular throne. The acclamations of the capital-the ful power. Should you now repair to the succor of tyranny, do you think that the gates of the capital of the civilized world would as readily open before you? The French people has grown great, since your departure, Our chilunder the government of constitutional laws. dren of fourteen are giants. Our conscripts at Algiers, The nation had conquered in '89; national and social our scholars at Paris, display to you the sons of the conquerors at Austerlitz, Marengo, and Jena; but sons forti- rights had been proclaimed and organized, force could He proceed-do nothing against us; then arose that fatal system of fied by all that liberty can add to glory." ed to eulogize the conduct of the people of Paris, who had division and anarchy, the deplorable consequences of "Charles which you all know; and have we not since seen agents arisen, not to break but to support the law. X. and his son have fallen from the throne, or have ab- of that false sy stem, emissaries of Coblentz and of foBut the reign powers, impudently claim their salary? But the 'dicated, as you may choose to understand it. After them comes an infant. exquisite good sense of the actual population will prethrone is not vacant. serve us from that misfortune. You are no longer those Ought innocence to be condemned? What blood cries out against him?" He said that he advocated the cause generations of the ancient regime, astonished at learning of the duke of Bordeaux, from no sentimental or roman-they had rights and duties; you are the children, the pu tic notions, or no principles of hereditary right, nor even those of the charter, but merely on those of prudence and utility.-After several other remarks, he concluded by saying, that he voted against the declaration. His speech was ordered to be printed.

ils of the revolution, and your conduct in the great days of glory and liberty has just shown the difference.

"The glorious Parisian population.”

Surrounded by so many persons, formerly and recent→ ly distinguished, who awake in me so many recollections of attachment, of gratitude, and of respect, and among whom I am pleased to meet our heroes of the barricades, invited by the magistrates of the capital to ENTERTAINMENT TO LAFAYETTE. this patriotic banquet, I feel that they have intended to The city of Paris has offered on the 15th Aug. a mugive to the national guard of Paris a testimony of affecnicipal banquet to gen. Lafayette. The company invition in the person of a chief, whose constant sentiment ed assembled at six o'clock at the hotel of the prefect, has been that of a respectful subordination to the civil among them were the king's ministers, members of the authority; but how can I express to all and to each the chamber of peers and of the deputies, the members of emotions of my heart? I shall confine myself to prothe municipal council of Paris, of the court of cassation, posing to you the following toastthe court of accounts, the royal tribunal of Paris, of the tribunals of the first instance and of commerce, of the At the words, "the glorious Parisian population" the council general of the departments, and of the council acclamations of the company burst forth with increased of prefecture. The mayors and their adjuncts, the staff, vivacity. The orchestra played patriotic airs. Gen. the commander of the legions, and pricipal officers of Lafayette rising, indicated that the banquet was concludthe national guard, the commanders of the staff and ofed, and the company again assembled in the saloons. the division of Paris, the commander of the troops form- There only one subject offered matter for conversation; ing the garrison of Paris, pupils of the Polytechnic the splendor, the rapidity of the great events which we school, of the schools of law and medicine, members have witnessed; the heroic courage of the brave men who of the four academies of the institute of France, and of insured the glorious success; the generous devotedness the learned, literary, and philanthropic societies of the of the citizens, who placed themselves at the national capital, and a great number of men eminent in science, movement; the solemn acts which have confided the des tinies of the country to a king, who is the defender of literature, and the arts. This was the subject on the rights and liberties of all." which every body conversed with a noble pride, an entire confidence, and that unanimity of sentiment which the triumph of the most holy of causes ought to inspire

The banquet was for 350 persons. The bust of the king, surrounded by piles of arms, surmounted by tricolored flags, was placed opposite the banquet. On the other side of the hall was placed on a pedestal an engrav

LAFAYETTE.

Extract of a letter from Paris, dated Aug. 10, to the editor of the Boston Centinel.

material issue. Antecedent to the late war, many persons thought the attack upon the Chesapeake was good cause of war, and that, at that time, war ought to have been declared. Others, of the republican party, thought otherwise. Suppose the test, then establishe and voted upon, to have been war or no war; the repubLean party would have been divided on that question, and the federalists would have picked up and added to their numbers, all those who thought that not precisely the time to declare war.

"Gen Lafayette can now be ranked with Washington without exaggeration. His late conduct has capped the climax of his glory. Few people at present realize the degree to which he is entitled to our admiration. When, on the first day of the contest, I was told that he had come to Paris from Lagrange, to accept the dangerous post of leader of the armed people, I could hardly credit the news. Who could then have divined the issue? And So will the tariff men now add to their list, all who had it not proved successful, think of the terrible couse-think, and are proscribed for so thinking, that the conquence to the old veteran. To escape to America with vention ought not now to be called. his life was the utmost he could have hoped in such an Any person living in the southern states, who has paid event. But he not only accepted the command, but did the least attention to the progress made by the general not fear to appear on horseback, in military dress, in va- government in subverting the interest and confiscating rious parts of Paris, in prosecution of his arduous under-without authority their property, may rely with perfect taking. But his fearless devotion to the cause of liberty certainty upon the facts, that the time will soon arrive, constitutes the smallest part of his claim to our admira- in which no difference of feeling will exist among those tion. It is his magnanimity, his wonderful disinterested-who live south of a given line, as to the motives which ness, and the purity of his patriotism, that rank him with prompt, and the baneful effects resulting from congresWashington. It must be recollected that he is an avow-sional legislation. Even Charleston anti-Carolina pressed republican, that he has always desired a republic for es admit, that if the colonization question is entertained France. And yet the new king, Philip I, is indebted to by congress, we must resist. him personally for his crown. Yes! I am confident of this extraordinary fact. It is not generally known that a republic would certainly have been established, of which Lafayette might have been at the head, had it not been for his noble and disinterested preference of his country to himself. But he reflected that a republic, at this crisis, would be at the risk of foreign or civil war, or both. He was not afraid of either. He knew that he and the people could maintain a republic against both foreign and domestic foes. But he knew, also, that the duke of Orleans would make a "republican" king, and at the same time not endanger the public tranquillity. The magnanimous Lafayette then did not hesitate to give the duke his support, without which he never could have reigned. This I gather, not from newspapers, but from the state of the public mind, expressed in mnumerable ways, and particularly when the people came so near stopping the deliberations of the chamber of deputies, the other day, and when nobody could calm them but Lafayette. ple now cry about the streets medals of Lafayette, pere des Francais"-(Father of the French.)

I have accepted the invitation to attend this meeting, supposing that every man would be permitted to speak his own sentiments at the table, and let them pass for what they are worth. But now I perceive that this respectable and numerous assembly is called upon to express a definite opinion, as to the course the state ought

to take.

The resolution now under discussian has been opposed by all the eloquence and weight of character of the gentlemen who has opened the debate. The question to be decided is, shall we, by rejecting the resolution, proclaim our submission to the encroachments of congress? When I reflect upon the ground you have heretotore occupied-the lead you have taken-I should be mortified were you to retrogade-turn your back upon your former principles, or suffer any state of the controversy to compel you to be the indirect advocates of this unjust and nefarious system. You stand pledged to the Pco-declaration, that congress have not the power to adopt a system of internal improvement, nor to lay a tax to protect manufactures. The votes of your delegation in the legislature on this subject, have been approved and your confidence in them, confirmed for supporting it.

GOV. MILLER, OF SOUTH CAROLINA. Extracts from the speech of his excellency gov. Mil- The official relation I now bear to you is, perhaps, ler at a late celebration in Sumter district, S. C. founded more on the part taken in establishing this doc"Before I proceed to the main question, I would ob- trine, than in any other claim to public favor. Will you serve, that I had no agency in promoting this assemblage. permit fascinating eloquence to seduce you from your inI never have used exertions to get up a meeting to optegrity? You ought to recollect, that your conduct will pose the tariff. Whenever I have been present at such meetings, I have sustained the principles laid down by the resolutions adopted by our legislature in 1825. Whenever it is thought expedient to abandon the ground assumed in opposition to the encroachments of the general government, I should not advise you to assemble together to make a formal annunciation of your submission; but rather to hide in your native swamps, retire to your houses, and in lonesome sullen silence, acquiesce.

have an influence beyond this district: the struggle is now going on not so much here as elsewhere. It you surrender to day, the question may be considered as settled. If Greenville may have furnished such a triumph to the tariff party, with what joy would they receive the embrace of Sumter, that large, wealthy, and populous district; that district which bears the same relation to the state, which Virginia does to the union. Let not the dominico be substituted for the "game cock"-do not dishonor your faith by your tears.

There appears to me something revolting to every lofty and dignified feeling, in gathering the people to- An issue is now pending between South Carolina as a gether, to tell them, that they are oppressed-uncon- state, and congress, the legislative exponent of the Unitstitutionally and arbitrarily oppressed-and then to re-ed States. It has been fairly made up, and now, shall require them to adopt resolutions, declaring they will abide by that tyranny, and sustam the government that denounces and denationalizes them.

we withdraw our appeal, and let judgment go by default? Or shail we rather support the plea, and carry on the detence? We are the defendant-our condition in that respect is the best. We assert no new power--we claim our ancient rights-rights conceded to us since the formation of our government.

I trust such will not be the result of this meeting. I owe it to the reverence I have always had for the opinions of my honorable friend to state, that I have constantly reprobated the violence manifested by some of our politi The resolution proposes to submit this controversy on cians, and the intolerance indicated on this question.our side to the assembled wisdom of the state in convenThose who believe and concur in the first resolution tion. Shall we declare we will lay down our opposition, that was adopted, ought not to quarrel about a difference or take the intermediate course and go for convention?-as to the second. Respect for ourselves, a regard for our rights, require us to support the latter proposition. A capitulation in convention will put an end to the controversy, or the assertion in convention that the tariff of protection is void, would carry sufficient weight of authority to make every Carolinian subscribe to it, or leave the country. It is impossible to enforce a law of congress where the great mass of the people believe it founded in fraud and onseted

I shall not consider myself as alienated from those who honestly think the tariff and internal improvements unconstitutional, because they differ with me as to the time when, and the means by which, the evil is to be remedied. The influence of the state will be destroyed and her councils divided, neutralized, by taking issue on an incidental question, or rather by making up an im

other would have done, he answered, "I intended, if you had not yielded the road, to have done so myself." We are in the road, have the right on our side, and ought not to leave it upon equivocal grounds.

against the constitution." Let me not be misunderstood. | adversary promptly gave way and enquired what the There are three and only three ways, to reform our congressional legislation. The representative judicial and belligerent principle alone can be relied on; or as they are more familiarly called, the ballot box, the jury box and the cartouch box. The two first are constitu- Again: we have no security that the colonization bill tional, the last revolutionary. If it can be shewn that a will not be matured aud sanctioned. Gen. Mercer has convention will aid either of the two first schemes of re- a high motive, apart from philanthropy, to press the goformation, then it ought to be adopted-unless the gen- verument on this subject. He may still get a salary untleman furnishes a substitute. It is admitted, that the der this law of congress as he does now for the Chesatariff is unconstitutional and oppressive, and yet it is in-pcake and Ohio company: and who would not advocate sisted, that means not involving war, must not be resort the interests of a company for an annual, regular retained to, in order to throw it off. It is not necessary to consi-er of $3,000 per annum? Yes, sir, the very fountain of der, whether, when the convention declares the law void, power is corrupted and suborned by pecuniary bias. the law will be destroyed in this state ipso facto, and re- This celebrated advocate of the "American system" is a main so until three fourths of the state decide otherwise. member of congress, hired to sustain its interests. I It may be considered that the federal court would ask, upon a question between the government and the seek to enforce the law against the act of the conven- company over which he presides, what security have you tion. Whether they have the right or not, is not very for his integrity? His honor, soiled by the silver that material-they would most likely exercise it, and yet if made Judas betray his master and Arnold his country— the juries, who compose a part and parcel of the judicial aye, his honor, in one hand, overruled by three thousand power of this country, respect the South Carolina autho- dollars in the other. He is the great Lucifer of the south: rities more than the federal judges, they will refuse to if we follow him, he will carry us down, down. sustain the laws: besides some definite course may be But we are told, that should the state authorities or assigned by the convention directory to the juries as the juries refuse to enforce the act of congress, we hazcomposing a part of the judicial power of the country.ard every thing; since three-fourths of the states might The trial by jury shall be preserved, says the constitu- be assembled and take away all we have. I do not see tion, "in all cases above twenty dollars." much force in this view, since we are now at the mercy of three-fourths-this is what we bargained for-1 will submit to whatever three-fourths say shall be the rule, since this is my contract, and I will be governed thereby. Our only security now is the moral sense of the three-fourths. So we would hazard nothing, by bringing their powers into action.

A bond given for duties, denounced and proscribed by the convention, if the jury consider the authority of the convention equal to the authority of the federal judge, could never be enforced. Åre our federal judges so popular, so virtuous, so learned, that a jury man, who believes the tariff law unconstitutional before he enters the box, sustained by the united voice of his Again: It is said every movement we make is putting fellow citizens in convention, will change his opinion the union in danger. Every controversy supposes danas soon as those federal judges shake their heads? Iger in carrying it on. It is with governments, as with should consider a juryman recreant to his country, who believed the tariff unconstitutional, who changed his opinions under any other influence than an enlightened conscience.

The trial by jury is not worth preserving except as a part of the popular administration of justice. In that point of view, it is invaluable. Every one knows he cannot be divested of his life, liberty, or property, except by those who live in the same state, and who have similar interests, and similar rights, to preserve. It is the guaranty of his civil, religious and political liberty. The time has passed away when high-toned aristocrats can, from the bench, cram their notions down the throats of the juries of the country. Our juries must be convinced by argument and good sense, not by a knitted brow, or a haughty menace.

individuals, those who fear to defend their rights, have none. Their property belongs to the banditti: they are only tenants at will, of their own fire-sides.

Sir, the call of the convention decides nothing but that South Carolina does not abandon her opposition to the tarif. Instead of the limited and partial repeal of some few of the duties, restraining her from pressing out her principles, it should afford her a stimulant to further exertion, lest these leeches fasten again.

If we submit, no one can anticipate what these people will solent and receive at the hands of congress. Shall we petition again? that would be ridiculous and absurd. Shall we memorialize and protest? our appcals have been received but to be condenined and despised. Shall we, by refusing to go on, go backwards-join the Clay party-vote with the tarifites? Will you consent to take such It would be competent for the people in the exer- a course as will identify you with the Charleston Courier? cise of one of their reserved rights to lay a rule down Will you herd with the revilers of Jefferson and the for their own conduct upon a contested point, and that states-those who live by abusing Jackson and South man who would still live in Carolma and refuse obedi-Carolina? or will you rather go for a convention. The ence in court and out of court to the deliberate and sol- convention is a harmless and an onward move--it will emn expression of the sense of the state, ought not to be embarrass your adversary-it is a check at least, not an permitted to recover damages for a personal indignity, useless one-the king must then move or loose the game. He ought to be treated as a reprobate and an outlaw, The advocates of convention are said to be without a The remedy is in your own hands if you do not creep like deep interest in the government: They are charged with toads, in the twilight of your hopes and fears. But it is revolutionary principles and feelings. This is not so: said, that the president has put a check to appropriations we contend for a government that secures personal liberfor internal improvements, and that the tariff will, asty and private property against the invasion of aristocrasoon as the national debt is paid, be repealed. Should a convention be called, they will have the proceedings of the next congress before them, It will then be seen how far the president will be sustained, or whether he does not give way himself, as Mr. Monroe did. Mr. Clay, in a speech which he has delivered, declares that internal improvements and the tariff are parts of the same system, asserting in contradiction to the president, that they have mutually a necessary dependence. And so long as general Jackson is considered a candidate for a re-election, no one can say what his course will be. It is reported that he gave as a reason for checking internal improvements, that, without some palliative to the But it is said, the national character of the state will south, the union would be endangered. The call of be impaired by opposing congress-that we will be drithe convention will still keep alive the apprehension, von to the wall--that disgrace and infamy will be fastenand sustain him in his policy. It is told of two traveled upon us. There is no truth in this: a nation may be lers, that on meeting, one said to the other in a threaten- overrun and put down for asserting her rights, but she ing tone, "get out of the road, sir, or I; when his never can loose character by so doing. You will searchs.

the wealth or democratic despotism. What property I have, my wife and children, are the capital--my stock in trade, which I will confide to the honor and moral sense of South Carolina.

We are to-day urged, in effect, to surrender over all, every thing we hold dear, at discretion, to Carey, Clay, Niles, Webster, Mercer, Skidmore and Meng--and shall we do so? Recollect that the great high priest of the American System," in a speech before the Colonization society in Lexington, laid down the position, that the tariff was to extirpate slavery by making it valueless, and then the Colonization society was to carry away the evil.