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Lewisburg, Greenbrier County, West Virginia
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Benjamin Watkins Leigh, commissioner from Virginia, reports to Governor Hayne on delivering Virginia's resolutions requesting South Carolina to rescind or suspend its Nullification Ordinance on federal tariffs. South Carolina agrees to reassemble its Convention to consider the request, emphasizing defensive posture and desire for peaceful resolution.
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M. Leigh to Governor Hayne.
CHARLESTON, Feb. 10th, 1833.
Sir:--I arrived here late on the evening of Sunday, the 3rd inst. and the next morning waited on the Governor of South Carolina, to communicate to him the Resolutions of the General Assembly of Va. of the 26th Jan. on the subject of Federal relations, and to ascertain from him the proper manner of submitting to the competent authorities of South Carolina the resolutions of the General Assembly, and especially the request therein contained, that the Ordinance of the late Convention of that State. entitled "An ordinance to nullify certain Acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities," shall be rescinded. or at least its operations suspended. until the close of the first session of the next Congress.
In consequence of the information derived from Governor Hayne at this interview, I yesterday addressed to him the letter of which a copy is herewith enclosed, (No. 1.) and was this morning honored with an answer from the Gov. enclosing a letter to him from the President of the Convention of the People of South Carolina, of which copies are also enclosed (Numbers 2 and 3.) You will, I doubt not, think it proper to lay these papers immediately before the two houses of Assembly. The Convention of South Carolina, will in very few days be called by the President thereof to reassemble, in order that the resolutions and request of the General Assembly of Virginia, may be submitted to its consideration, and that that body may determine whether, and to what extent, the request of the General Assembly, shall be complied with.
But, considerations of convenience will necessarily postpone the meeting of the Convention, until about the second Monday in March. I pray you to ascertain from the General Assembly, in the manner you may think best, whether it will be its pleasure, that I shall remain here, and attend the Session of the Convention; as to which, I hope it will give me its instructions, according to its own sense of public utility, without regard to my personal convenience. I shall certainly prolong my stay in this State, until I receive an answer from you, employed in promoting by all proper means in my power, the purpose for which I was sent hither.
It is proper I should say, that the determination to re-assemble the Convention of this State. is to be attributed entirely to the sense entertained by the Governor, and by the President of this convention, of what is due to the friendly intercession of Virginia.
CHARLESTON, FEB. 10.
Sir:--When I had the honor yesterday, of laying before your Excellency the Resolutions of the General Assembly of Virginia of the 26th January last, and called your attention particularly to the Resolution of the General Assembly, in the name and on behalf of the people of Virginia, that the competent authorities of South Carolina be, & are hereby, earnestly & respectfully requested and entreated, to rescind the Ordinance of the State Convention of that State, entitled, "an ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities," or at least to suspend its operation until the close of the first session of the next Congress, you informed me, that the only authority competent to comply with that request, or even to consider it, is the Convention of the people of S. C., which made the Ordinance, and that the power of reassembling the Convention is vested in the President of that body.
I have now, therefore, to request your Excellency, to communicate the Resolutions of the General Assembly of Virginia, and this letter also, to the President of the Convention: confidently hoping, that that officer will not refuse to hesitate to re-assemble the Convention, in order that the resolutions of the General Assembly may be submitted to it, and that the Convention may consider whether, and how far the earnest and respectful request and entreaty of the General Assembly shall and ought to be complied with.
I have the honor to be, &c. &c.
B. W. LEIGH.
To his Excellency Robert Y. Hayne, Governor of South Carolina,
No. II.
Governor Hayne to Mr. Leigh.
Executive Department,
Charleston 6th February, 1833
Sir: I have had the honor to receive your letter of the 5th instant, and in compliance with the request therein contained, communicated its contents, together with the Resolutions of the Legislature of Virginia. of which you are the bearer, to Gen. James Hamilton, jr. the president of the Convention: I have now the pleasure of enclosing you an answer, by which you will perceive, that in compliance with the request conveyed through you, he will promptly re-assemble the Convention. to whom the resolutions adopted by the Legislature of Virginia will be submitted, and by whom they will doubtless receive the most friendly and respectful consideration.
In giving you this information, it is due to the interest manifested by Virginia, in the existing controversy between South Carolina and the Federal Government. to state, that as soon as it came to be understood that the Legislature of Virginia had taken up the subject in a spirit of friendly interposition; and that a bill for the modification of the Tariff was actually before Congress, it was determined, by the common consent of our fellow-citizens, that no case should be made under our Ordinance until after the adjournment of the present congress. The propriety of a still further suspension, can of course only be determined by the Convention itself.--
With regard to the solicitude expressed by the Legislature of Virginia, that there should be no appeal to force on "the part of either the General Government or of the Government of South Carolina in the controversy now unhappily existing between them." and that "the General Government and the Government of South Carolina, and all persons acting under the authority of either, should carefully abstain from any, and all acts whatever which may be calculated to disturb the tranquility of the country, or endanger the existence of the Union;" it is proper that I should distinctly and emphatically state, that no design now exists, or ever has existed, on the part of the Government of South Carolina, or any portion of the people, to "appeal to force." unless that measure should be rendered indispensable in repelling unlawful violence.
I beg leave to assure you, and through you the people of Virginia and our other sister States, that no acts have been done, or are contemplated by South Carolina, her constituted authorities, or citizens, in reference to the present crisis, but such as are deemed measures of precaution.--- Her preparations are altogether defensive in their character, and notwithstanding the concentration of large Naval and Military forces in this harbor, and the adoption of other measures on the part of the General Government, which may be considered as of a character threatening the peace and endangering the tranquility and safety of the State, we shall continue to exercise the utmost possible forbearance, acting strictly on the defensive, firmly resolved to commit no act of violence, but prepared as far as our means may extend, to resist aggression.
Nothing, you may be assured, would give me personally, and the people of South Carolina, more satisfaction than that the existing controversy should be happily adjusted, on just and liberal terms; and I beg you to be assured, that nothing can be further from our desire, than to disturb the tranquility of the country or endanger the existence of the Union.
Accept, Sir, for yourself, the assurance of the high consideration of
your's respectfully and truly.
(Signed,) ROBERT Y. HAYNE:
To the Hon B. W. Leigh.
No. III.
Gen. Hamilton to Governor Hayne.
CHARLESTON, Feb. 6, 1833.
Sir:--I do myself the honor of acknowledging the receipt of your letter of the 5th, enclosing a copy of a communication you have received from Benjamin Watkins Leigh, Esq. Commissioner from the State of Virginia, covering certain resolutions passed by the Legislature of that State, which that gentleman has been deputed to convey to the Executive of the State.
In reply to the reference which you have made to me, as President of the Convention of the people of South Carolina, consequent on the application on the part of that gentleman for the meeting of that body, I beg leave to communicate to him, through your Excellency, that, appreciating very highly the kind disposition, and the patriotic solicitude, which have induced the highly respectable Commonwealth which he represents, to interpose her friendly and mediatorial offices in the unhappy controversy subsisting between the Federal Government and the State of South Carolina, I should do great injustice to those dispositions on her part, and I am quite sure, to the feelings of the people of South Carolina, if I did not promptly comply with his wishes in reference to the proposed call.
You are therefore authorised to say to Mr. Leigh, that the Convention will be assembled with as much despatch as may be compatible with the public convenience, and with a due regard to those circumstances which best promise a full consideration and final decision on the proposition of which he is the bearer.
I have the honor to remain. with distinguished consideration & esteem
Your Excellency's obedient servt.
JAMES HAMILTON, Jr.
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Domestic News Details
Primary Location
Charleston, South Carolina
Event Date
February 1833
Key Persons
Outcome
south carolina's convention to be reassembled to consider virginia's request to rescind or suspend the nullification ordinance; assurances of defensive posture and no intent to appeal to force unless provoked.
Event Details
Benjamin Watkins Leigh delivers Virginia General Assembly resolutions to South Carolina authorities, requesting rescission or suspension of the Nullification Ordinance on federal tariffs. Governor Hayne forwards to Convention President Hamilton, who agrees to reassemble the Convention for consideration. Leigh reports back, noting the intercession prompted the reassembly.