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IN SENATE,

February 11, 1833.

RESOLUTIONS

Offered by Mr. Hubbard, by way of amendment of and in addition to, the resolutions by the joint committee.

Resolved, (if the Assembly concur,) that we regard the right of a single State to make void within its limits the laws of the United States, as set forth in the Ordinance of South Carolina, as wholly unauthorized by the Constitution of the United States, and in its tendency subversive of the Union and the Government thereof.

Resolved, (if the Assembly concur,) that we do dissent from the doctrine, that a single State has a right to withdraw itself from the Union against the wishes of its co-States, whenever in its sole judgment the acts of the Federal Government shall be such as to justify the step.

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IN SENATE,

February 9, 1833.

REPORT

Of the committee on claims, on the petition of Jacob Shew.

Mr. Sherman from the committee on claims, to whom was referred the petition of Jacob Shew, a soldier of the revolution,

REPORTED:

That upon an examination of the subject referred to them, it appears that the petitioner, a respectable inhabitant of the county of Montgomery, served as a soldier in the war of the revolution, in what was then called the "new levies," raised for the defence of the frontiers of the State. In order to fill up the corps of fifteen hundred men ordered to be raised for that purpose, as well as the three regiments to serve in the army of the United States, the act of 23d March, 1782, was passed, holding out additional inducements in the shape of bounty lands.

The third section of that act, which is applicable to the case of the petitioner, reads as follows: "Whereas the inhabitants of this State are so greatly distressed for want of specie that it is become indispensably necessary that further aid should be afforded them to raise such of the said fifteen hundred men as may not enter into any of the regiments aforesaid: Therefore, be it enacted, that every militia class which shall, within twenty days after notice, &c. deliver a man to be furnished thereby in manner aforesaid, shall be entitled to a gratuity of two hundred acres of land, out of the unappropriated lands belonging to this State, in like manner as classes delivering a man to serve in any of the said regiments."

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Under this act, it appears that a class of militia in Capt. Little's company, in the town of Johnstown, in the county of Montgomery, (then Tryon county,) of which Garrit Van Brockler was class leader, furnished and delivered your petitioner as a soldier for the service in the State levies; that accordingly he was to receive the bounty land which the class would become entitled to by virtue of the said act. Having enlisted for the service required in March or April, 1782, he was placed under the command of Capt. Abner French, in the regiment of State levies under the command of Col. Marinus Willett, and served out the time of his enlistment, being nine months, or to the 1st of January, 1783, and was honorably discharged; that during that time he was in active service with the Indians on the frontiers, and was in the engagement called the battle of Hall's Farm.

Your petitioner sometime ago had the formal papers necessary to show that he had complied with the requirements of the law, such as a certificate of delivery to the officer commanding the levies; of the muster master, to show that he served, and also of his being the assignee of the class. That to account for the non-appearance of these papers, which was the cause of his not having before made application to the Legislature, he states, that in the year 1785 he employed a man by the name of James Parr to locate and obtain his bounty land, which by law was to have been located in the county of Tioga; but soon thereafter the said Parr died insolvent, and the petitioner has never been able to regain his papers.

These papers were never presented to the Surveyor-General, nor has any land been located or granted to the class of the petitioner.

To supply the deficiency of these papers, the petitioner has produced the best evidence the nature of the case admits of, which consists of the sworn statement of the petitioner, who is a man of veracity and respectability, having been a delegate of his county in the Assembly of this State; also a certificate of Mr. Simon Veeder, who has had a seat in both branches of the Legislature, and who was likewise in active service during the revolutionary

war.

This evidence, emanating from a source so respectable, has received much weight and consideration in the minds of the commit

tee, and precludes the idea of a disposition to abuse or mislead the confidence of the Legislature. It goes to show that the petitioner has substantially complied with the law, and is entitled to his bounty.

The committee being satisfied of the justness of the petitioner's claim, and understanding there is no unappropriated lands belonging to the State, recommend that a pecuniary compensation, in lieu of land, be paid to the petitioner; and for that purpose ask for leave to introduce a bill.

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