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which, originating in a feeling of arrogance, were rendered more unreasonable by concession. Still, however, all hasty movements were deprecated, and so long as the nullifiers confined themselves to discussions and resolves, any interference on the part of the general government would have been deemed improper. Nothing but actual resistance to the laws of the United States could justify such interposition, and although a warm sympathy was felt towards that portion of her citizens, who, in spite of denunciation and violence remained faithful to the Union; no steps could be taken to relieve them from their perilous situation, until some overt act had brought the nullifiers within the reach of the law.

The time of forbearance, however, was now rapidly passing

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of the United States in any question concerning the validity of the ordinance or of the laws passed to give effect thereto; that the state courts should proceed to execute and enforce their judgments, notwithstanding such appeal, and that any person attempting to appeal should be deemed guilty of a contempt of court. It also ordained, that all civil and military officers in the state should take an oath truly to obey, execute, and enforce the ordinance, and all laws passed pursuant thereto; and in case of refusal, the office should be deemed vacant and another person appointed instead of the one so refusing; and all jurors empannelled in any cause, where the ordinance and the laws passed under it should be brought in question, were required to take the same oath; and it concluded with a declaration, that any attempt on the part of the federal government to reduce the state to obedience, or to enforce the revenue laws, otherwise than through the civil tribunals, would be deened inconsistent with the longer continuance of South Carolina in the Union, and that the people of the state would forthwith proceed to organize a separate and independent government. By this ordinance the Rubicon was passed, and the state government, forthwith proceeded to take the necessary steps to carry it into effect.

The legislature, which met directly after the adjournment of the Convention on the 27th of November, passed the laws required by the ordinance. The first of these acts, was one authorizing the

consignee or owner of imported goods, which might be seized or detained for the non-payment of duties imposed by the laws of the United States, to replevy the same and to proceed as in all cases of unlawful seizure or detention of property. In case of refusal to deliver the goods, or of their removal so that the writ of replevin could not be executed, the sheriff was authorized to distrain goods of the person so refusing or removing them, to double the amount of the goods in question, and to hold the same until the goods should be delivered to the sheriff. That officer was also authorized to prevent any recapture or seizure of the goods replevied, under the pretence of enforcing the revenue laws, and to call in the posse comitatus for that pur

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lic goals were prohibited from detaining prisoners under any process under the revenue laws, and all persons were prohibited under severe penalties, from letting their houses to serve as a goal for the detention of any person imprisoned under the revenue laws. An act prescribing the test oath to judges and jurors, and all civil and military officers as ordained by the Convention, was also passed; and an additional act authorizing the governor to call the militia into service to resist any attempt on the part of the government of the United States to enforce the revenue laws; and to render the resistance of the state effectual, he was empowered to call out the whole military force of the state and to accept of the services of Volunteers' for the same purpose.

Ten thousand stand of small arms and the requisite quantity of military munitions were ordered to be purchased, and any acts done in pursuance of that law, were to be held lawful in the state courts.

These proceedings by the party, that had obtained possession of the state government, brought on an issue between the state and federal governments, that could no longer be neglected. The very existence of the government depended upon its decision. South Carolina had set at defiance the authority of the general government, and declared, that no umpire should be admitted to decide between the contending parties.

It had in its capacity as a sovereign state decided the question, for itself, and its decision could be

reversed only by superior force. In taking this stand, the nullifiers apparently had not perceived, that although their principles were precisely those, which Georgia had carried into effect; the subject matter more directly effected the existence of the government. Five sixths of the Revenue were derived from the customs, and the abolition of the duties in one state would necessarily destroy the revenue system, and of course suspend the operations of the federal government. While the nullification of Georgia only tended to bring the federal government into contempt and weakened the bonds of the Union; that of South Carolina at once severed those bonds and arrested the action of the government.

The evils of the former were chiefly in prospect: those of the latter were immediate and required a present remedy. At such a crisis the President felt that there was no room for hesitation. A temporising policy must have been fatal to the government, that he was chosen to administer and whose laws he had sworn to execute. The difficulty must be met, not only to save the Union from being broken up, but to protect those citizens of South Carolina, who still adhered to its standard from the horrors of civil

discord. In such an emergency, the subtilities and refinements of nullification could not be observed, and with a fearless disregard of all remarks upon his inconsistency, the President determined to come at once to an issue with the nullifiers; to place the powers of the government upon the broad ground, that the federal judiciary was the only proper tribunal to decide upon the constitutionality of its laws and to enforce the revenue acts with an entire disregard to the pretended rights of sovereignty, which were assumed by the state of South Carolina.

With that view all the disposable military force was ordered to assemble at Charleston, and a sloop of war was directed to repair to that port, in order to protect the federal officers in case of necessity in the execution of their duty. An eloquent and energetic proclamation was also issued, plainly and forcibly stating the nature of the American government, and the supremacy of the federal authorities in all matters entrusted to their care, and exhorting the citizens of South Carolina in glowing language, not to persist in a course, which must bring upon their state the force of the confederacy, and expose the Union to the hazard of dissolution.

CHAPTER V.
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Extent of public Lands - How acquired States formed from public Territory - Quantity ready for Sale - Costs and Receipts Mode of Sale - Details of System-Law requiring Cash Payments How Surveyed-Policy of the United States in settling public Lands Entire success - Attempt to change that policy — By donations to settlers - By donations to the States - By reducing the price Examination of proposed policy — Internal Improvement-An inquiry ordered into the expediency of mod ifying the System Mr Clay's Report-Report referred - Report from Committee of public Lands - Debate in Senate - Bill passed by Senate - Proceedings in House - Report of Committee on public Lands - Bill postponed.

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THE vast extent of territory belonging to the federal government renders it a subject of great importance and interest in the deliberations of Congress.

This territory was acquired either under the treaty of 1783, the Louisiana treaty, or the Florida treaty. That acquired under the treaty of 1783, was claimed as within the limits of some of the colonies; but the old congress contended, that it was acquired from Great Britain by conquest; and, finally, the several states claiming the public domain, formerly known as the northwest and the Mississippi territories, were induced to relinquish their pretensions and execute deeds of cession to the United States.

of public lands amounting to 230,031,981 acres, which have, since the adoption of the constitution, been formed into the states of Ohio, Indiana, Illinois, Alabama and Mississippi, leaving still a territory under a territorial government called Michigan territory, of 24,939,870 acres and the Huron Territory of 56,804,834 acres in extent.

Besides this, there is the old province of Louisiana extending from the Mississippi river to the Pacific ocean 850,000,000 acres in extent, which was purchased of France for $15,000,000 under the treaty of 1803. From this territory two states have already been created, viz. Louisiana and Missouri, and one territory In this manner the federal called Arkansas, leaving a terrigovernment became possessed tory of about 750,000,000 acres

in extent, yet to be occupied as is unextinguished, making a pubnew states. In 1819, the Flor- lic domain of 1,090,871,753 idas were ceded to the United acres in extent : of which States by Spain for $5,000,000, 119,748,812 acres were surveyadding 35,286,760 acres more to ed and ready for sale on the first the public domain. of January 1826, a still greater quantity in 1830.

Of this extensive territory a large portion is held in sovereignty and propriety; being all which is not formed into states, except an inconsiderable portion purchased and occupied by settlers, under the territorial governments of the United States. Of the residue, which has been formed into states, a large portion is still held in propriety by the federal government, viz. about 114,467,260 acres, the rest having been sold to settlers. The sovereignty of the whole of this portion is vested, (subject to the limitations of the federal constitution) in the respective state governments constituted over it.

Before the public lands are offered for sale, the title of the Indians is extinguished by treaty,the federal government generally stipulating to pay an annuity, for the lands relinquished by the tribes.

On the thirtieth of September, 1831, the Indian title had been extinguished to 227,293,884 acres, which were comprehended within the new states above named, or in the territories of Michigan, Arkansas and Florida.

There were 113,577,869 acres, in the same states and territories, to which the Indian title was not extinguished.

Besides this there are 750,000,000 acres, beyond these limits, belonging to the United States, to which the Indian title

The cost of acquiring and surveying the public lands up to the 30th of September 1831, amounted in the whole, to $48,077,551, and the proceeds of sales up to the same period had been only $37,272,713. The government at that time had not been reimbursed: but the large extent of territory then ready for sale, and the increasing demand promised a speedy reimbursement — the sales in 1831 amounting to $3,557,024. A large quantity too had been appropriated to public purposes, which would more than make up the difference between the cost and the receipts.

To Ohio, Indiana, Illinois and Alabama 2,187,665 acres had been given for internal improvements in those states; 8,460,538 acres had been set apart for the support of common schools and colleges; and 89,605 acres had been set apart for religious and charitable institutions, 21,589 acres had been given to the new states for seats of government, and 298,288 acres had been reserved as containing salt springs.

Under the system adopted by the federal government for the disposition of the public lands, they are surveyed at the expense of the United States, and divided into townships of six miles square, and subdivided into thirtysix sections of one mile square, or 640 acres each.

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