The act of South Carolina, how. ever, does not rely altogether upon this forcible remedy. For even attempting to resist or disobey, though by the aid only of the ordinary officers of the customs, the process of replevin, the collector and all concerned are subject to a further proceeding in the nature of a distress of their personal effects, and are moreover made guilty of a misdemeanour, and liable to be punished by fine of not less than one thousand dollars, nor more than five thousand, and to imprisonment not exceeding two years, nor less than six months; and for even attempt ing to execute the orders of the court for retaking the property, the marshal and all assisting would be guilty of a misdemeanour, and so liable to a fine of not less than three thousand dollars, and to imprisonment not exceeding two years, nor less than one; and in case the goods should be retaken under such process, it is made the absolute duty of the sheriff to retake them.

It is not to be supposed, that in the face of these penalties, aided by the powerful force of the county which would doubtless be brought to sustain the state officers, either that the collector could retain the custody in the first instance, or that the marshals could summons sufficient aid to retake the property, pursuant to the order or other process of the court.

It is moreover obvious, that in this conflict between the powers of the officers of the United States and the state, (unless the latter be passively submitted to,) the destruction to which the property of the officers of the customs would be exposed, the commission of actual violence, and the loss of lives, would be scarcely avoidable.

Under these circumstances, and

the provisions of the acts of South Carolina, the execution of the laws is rendered impracticable, even through the ordinary judicial tribunals of the United States. There would certainly be fewer difficulties, and less opportunity of actual collision between the officers of the United States and of the state, and the collection of the revenue would be more effectually secured-if indeed it can be done in any other way-by placing the custom house beyond the immediate power of the county.

For this purpose it might be proper to provide, that whenever, by any unlawful combination or obstruction, in any state, or in any port, it should become impracticable faithfully to collect the duties, the president of the United States should be authorized to alter and abolish such of the districts and ports of entries as should be necessary, and to establish the custom house at some secure place within the same port or harbour of such state; and in such cases, it should be the duty of the collector to reside at such place, and to detain all vessels and cargoes, until the duties imposed by law be properly secured, or paid in cash, deducting interest; that in such cases it should be unlawful to take the vessel and cargo from the custody of the proper officer of the customs, unless by process from the ordinary judidicial tribunals of the United States; and that in case of an attempt otherwise to take the property by a force too great to be overcome by the of ficers of the customs, it should be lawful to protect the possession of the officers by the employment of the land and naval forces and the militia, under provisions similar to those authorized by the 11th section of the act of the 19th January, 1809.

This provision, however, will not shield the officers and citizens of the United States, acting under the laws from suits and prosecutions in the tribunals of the state, which might thereafter be brought against them, nor would it protect their property from the proceeding by distress; and it may well be apprehended that it would be inefficient to insure a proper respect to the process of the constitutional tribunals in prosecutions for offences against the United States, and to protect the authorities of the United States, whether judicial or ministerial, in the performance of their duty. It would, moreover, be inadequate to extend the protection due from the government, to that portion of the people of South Carolina, against outrage and oppression of any kind, who may manifest their attachment, and yield obe. dience to the laws of the union.

It may therefore be desirable to revive, with some modifications better adapted to the occasion, the 6th section of the act of 3d March, 1815, which expired on the 4th of March, 1817, by the limitation of that of 27th of April, 1816, and to provide that in any case where suit shall be brought against any individual in the courts of the state, for any act done under the laws of the United States, he should be authorized to remove the said cause by petition into the circuit court of the United States, without any copy of the record, and that that court should proceed to hear and determine the same as if it had been originally instituted therein; and that in all cases of injuries to the persons or property of individu. als acting under the laws of the United States for disobedience to the ordinance and laws of South Carolina in performance thereof, re

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dress may be sought in the courts of the United States.

It may be expedient, also, by modifying the resolution of the 3d of March, 1791, to authorize the marshals to make the necessary provision for the safe keeping of prisoners committed under the authority of the United States.

Provisions less than these, consisting, as they do for the most part, rather of a revival of the policy of former acts called for by the existing emergency, than of the introduction of any unusual or rigorous enactments, would not cause the laws of the union to be properly respected and enforced. It is believed these would prove adequate, unless the military forces of the state of South Carolina authorized by the act of the legislature, should be actually embodied and called out in aid of their proceedings, and of the provisions of the ordinance generally. Even in that case, however, it is believed that no more will be necessary than a few modifications of its terms to adapt the act of 1795 to the present emergency; as by that act the provisions of the law of 1792 were accommodated to the crisis then existing: and by conferring authority upon the president to give it operation during the session of congress, and without the ceremony of a proclamation, whenever it shall be officially made known to him by the authority of any state, or by the courts of the United States, that within the limits of such state the laws of the United States will be openly opposed, and their execution obstructed, by the actual employment of military force, or by any unlawful means whatsoever, too great to be other. wise overcome.

In closing this communication I should do injustice to my own feel.

ings not to express my confident reliance upon the disposition of each department of the government to perform its duty, and co-operate in all measures necessary in the present emergency.

The crisis undoubtedly invokes the fidelity of the patriot and the sagacity of the statesman; not more in removing such portion of the public burthen as may be unnecessary, than in preserving the good order of society, and in the maintenance of well-regulated liberty.

While a forbearing spirit may, and I trust will be exercised towards the errors of our brethren in a particular quarter, duty to the rest of the union demands, that open and organized resistance to the laws should not be executed with impunity. The rich inheritance bequeathed by our fathers has devolved upon us the sacred obligation of preserv. ing it by the same virtues which conducted them through the eventful scenes of the revolution, and ul. timately crowned their struggle with the noblest model of civil in. stitutions. They bequeathed to us a government of laws, and a federal union, founded upon the great principle of popular representation. Af ter a successful experiment of 44 years, at a moment when the go. vernment and the union are the ob.

jects of the hopes of the friend of civil liberty throughout the world, and in the midst of public and individual prosperity unexampled in history, we are called upon to de cide whether these laws possess any force, and that union the means of self preservation. The decision of this question by an enlightened and patriotic people cannot be doubtful. For myself, fellow citizens, devoutly relying upon that divine Provi dence, which has hitherto watched over our destinies, and actuated by a profound reverence for those institutions I have so much cause to love, and for the American people, whose partiality honoured me with their highest trust, I have deter. mined to spare no effort to discharge the duty which in this conjuncture is devolved upon me. That a similar spirit will actuate the representatives of the American people is not to be questioned; and I fervently pray that the Great Ruler of nations may so guide your delibe. rations and our joint measures, as that they may prove salutary examples, not only to the present, but to future times, and solemnly pro claim that the constitution and the laws are supreme, and the union indissoluble.

ANDREW JACKSON.
Washington, January 16th, 1833.

THE government of the United States of America, and his Majesty the king of the kingdom of the Two

Sicilies, desiring to terminate the reclamations advanced by said government against his said Majesty,

in order that the merchants of the United States may be indemnified for the losses inflicted upon them by Murat, by the depredations, seizures, confiscations, and destruction of their vessels and cargoes, during the years 1809, 1810, 1811, and 1812, and his Sicilian Majesty desiring thereby to strengthen with the said government the bonds of that harmony not hitherto disturb. ed; the said government of the United States, and his aforesaid majesty the king of the kingdom of the Two Sicilies, have, with one accord, resolved to come to an adjustment; to effectuate which, they have respectively named and furnished with the necessary powers, viz. the said government of the United States, John Nelson, Esquire, a citizen of said States, and their chargé d'affaires near his majesty the king of the kingdom of the Two Sicilies; and his majesty, his excellency D. Antonio Maria Statello, prince of Cassaro, Marquis of Spaccaforno, Count Statello, &c. &c. &c., his said majesty's minister, secretary of state for foreign affairs, &c. &c., who, after the exchange of their respective full powers found in good and due form, have agreed to the following articles:

ARTICLE I.

His majesty the king of the kingdom of the Two Sicilies, with a view to satisfy the aforesaid reclamations, for the depredations, sequestrations, confiscations, and destruction of the vessels and cargoes of the merchants of the United States, (and for every expense of every kind whatsoever, incident to, or growing out of the same,) inflicted by Murat during the years 1809, 1810, 1811, and 1812, obliges himself to pay the sum of two million one hundred and fifteen thousand Neapolitan ducats to the government of the United States;

seven thousand six hundred and seventy-nine ducats, part thereof, to be applied to reimburse the said government for the expense incurred by it, in the transportation of American seamen from the kingdom of Naples, during the year 1810, and the residue to be distributed among the claimants by the said government of the United States, in such manner, and according to such rules as it may prescribe.

ARTICLE II.

The sum of two million one hundred and fifteen thousand Neapolitan ducats, agreed on in article the first, shall be paid in Naples, in nine equal instalments of two hundred and thirty-five thousand ducats, and with interest thereon at the rate of four per centum per annum, to be calculated from the date of the interchange of the ratification of this convention, until the whole sum shall be paid. The first instalment shall be payable twelve months after the exchange of the said ratifications, and the remaining instalments, with the interest successively, one year after another. The said payments shall be made in Naples into the hands of such person as shall be duly authorized by the government of the United States to receive the same.

ARTICLE III.

The present convention shall be ratified, and the ratifications thereof shall be exchanged, in this capital, in the space of eight months from this date, or sooner if possible.

In faith whereof, the parties above named have respectively subscribed these articles, and thereto affixed their seals. Done at Naples on the 14th day of October, one thousand eight hundred and thirty two.

JNO. NELSON. [L. S.]

IL PRINCIPE DI ČASSARO. [L. S.]

In the name of the most Holy and Indivisi ble Trinity:

THE United States of America and his Majesty the Emperor of all the Russias, equally animated with the desire of maintaining the rela tions of good understanding which have hitherto so happily subsisted between their respective states, and of extending and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of of a treaty of navigation and commerce : for which purpose, the President of the United States has conferred full powers on James Buchanan, their envoy extraordinary and minister plenipotentiary near his Imperial Majesty; and his Majesty the Emperor of all the Russias has conferred like powers on the Sieur Charles Robert Count de Nesselrode, his vice chancellor, Knight of the order of Russia, and of many others, &c.; and the said plenipo. tentiaries having exchanged their full powers, found in good and due form, have concluded and signed the following articles:

ARTICLE I.

There shall be between the territories of the high contracting parties a reciprocal liberty of commerce and navigation. The inhabitants of their respective states shall mutually have liberty to enter the ports, places, and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at berty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their affairs,

and they shall enjoy, to that effect, the same security and protection as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing, and particularly to the regulations in force concerning com

merce.

ARTICLE II.

Russian vessels arriving, either laden or in ballast, in the ports of the United States of America; and

reciprocally, vessels of the United States arriving either laden or in ballast, in the ports of the empire of Russia, shall be treated, on their entrance, during their stay, and at their departure, upon the same footing as national vessels, coming from the same place, with respect to the duties of tonnage. In regard to lighthouse duties, pilotage, and port charges, as well as to the fees and perquisites of public officers, and all other duties and charges, of whatever kind or denomination, levied upon vessels or commerce, in the name or to the profit of the government, the local authorities, or of any private establishments whatsoever, the high contracting parties shall reciprocally treat each other upon the footing of the most favoured nations with whom they have not treaties now actually in force, regulating the said duties and charges on the basis of an entire reciprocity.

ARTICLE III.

All kinds of merchandise and articles of commerce, which may be lawfully imported into the ports of the empire of Russia in Russian vessels, may, also, be so imported in