Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-22
WOE. XXEN.---No. SO.

determination TO render inevitable resort Il, t, .
measures of selldcience which the paramount, utv of The
Federal Government requires, but upon the adopon Of
which that State will proceed to execute the prpose II
mas aVo"ed in this ordinance, Of Withdrawing from the
On the 9Th November the Legislature assembled -,
Columbia; and their meeting the Governor laid before
"len tue Ordinance OF the Convention ln his Message
ON mat occason he acquanis them that ths Ordinance
mas thus become part OF the fundamental law of south
OSFon": that 'the die has been at last cast gn, South
Carolina has at length appealed to her ute,ior
d ehoef oil iiis comedcracy, and has planted her
sell on her reserved rights The ghul exercise of this
power Is not question which shall any longer argue
Is suihcent that she has willed il, and that tho act j.
"oe nor Is ATS strict compatibility with our constitutional
oDngalIon to all laws passed by the General Government
VIVA Use authorized grants OF power, to he drawn i'm oues
uo' Mhen nis ln'erposion is exered i'm in which
the compact has been papably, deliberately and danger
ousy Violated That brings up coujuncturc Of deep and
o"e"tolS interest Is neither TO be concealed denied
inns crisis presents class of duties which is efabe to
yourselves You have been commanded by the people in
their highest ercgny to take care that within ia
Oh ths State Their will shall be obeyed." The means of
egslauon he says, (which you have TO employ AT this
cSs Is he precise amount Of such cnactnens as NAV be-
necessary TO render il utterly impossible to collect Within
our ihs the duties imposed 10y the protective tariffs tl.
nulhhed. lie poceeds-' That You should arm every
citZeh with civil process by which he NAV claim il he
pves restitution ol his goods seized under the existing
npoS's' on his giving security abide the issue of SUIT
ana al tle same time define what shall constitute
treason against the State, and by bill of pains and pena
ue' compel obedience aud punish disobcdnce to YOUR
own LAWS are points too obvious require any discus
SION In one word, you survey the whole ground
on must look TO, and provide tor all possible conru-
gehces. In your limits your own Court. of Judr,
ure, must only be supreme hut Won ,st l, ~, -
ultimate issue OF any conflict of jurisdiction and mower
between them and the Courts Of the United States"
INC Governor also asks for power grant clcarances inv
violation oil the awsot the Union. And, to prepare for
The alternative which must happen unless the United
States shall passyely surrender their authority and tho
.NecuUNe' d'sregardng his oath refrain from execu-
Uhg Tue laws oil the Union, he recommends thorough
revision OF the militia system, and that the Governor bc
authorized accept for the defence of Charleston and its
dependencies the services of two thousand volunteers
ener 10y companies or files and that they be formed into
'eg'onory brigade consisting OF infantry rifemen ca
vay field and heavy artillery; and that thew Inc armca
anu equipped from the public arseuas completely for the
ueld aud that appropriations he SUPPLYING all de-
cicncies in our munitions Of war l., xxx 5 -
drafts lac recommends that the Governor no an
onzed to accept the often thousand volunteers
from the other divisions of the State 10 be organized and
arranged IN regiments and brgadesthc officers TO be Sc
eeen ny me COMMANDMENT Chief, and that this whole
force be called the State GHQrd.
request haS been regularly made of the Secretaryot
he state OF Sou Crolna for authentic copies OF he acts
which have been passed Tor the purpose OF enoc ng the
odnance' b"t up he date OF the latest ayice Tia. re-
quest had not been complied With and On the present oc
cdscn therefore, reference only he made To those acts
ss published in tire newspapers the state The acts TO
Wmch Is d'emtd proper to inyi ,be particular atien-
'Ap act To carry iuo fleet In part an Ordinance ,
nniy certain acts ct he Congress ct the L. States pur-
porting To be laws laying duties the importation OF To-
S'gh commodities passed IN Convention ~ dis State at
columbia, on tle 2ltI OF November 1884
rus ACT provides that any goods seized detained I'M
"V Pe'ehce OF securing the duties Tor the payment
duties, or under any process orcr or decree or other
PeeNt contrary 10 the incn; and booming ohe Ordinance
may be recovered by the owner or conscience bv an ACT 81
repevin: that in of clusing to deliver them or re-
moving then so That the repcn cannot he executed the
sheriff may seize the personal estate Of be oG.nJr t
double the amount OF the goods sly attempt shall
DE made TO reake seize Them, il is the duty of the
sheriff to recapiure them; and tina, any person who
shall d'obey the process, the goods and any
one WHO sh'i' attempt to reinke or seize the goods
der preience OF securing the duties or for nolpavment
ol "ue or under any process or decree contrary the
intent OF The Ordinance, shall he fined imprisoned
besides being liable for any other offence involved in The
1t also provides that any per on arrested or i,nrfsoncd
or any Judgment decree obtained in any Federal Com,
Tor duties, shall he entitled the benefits secured bv lie
habeas corpus the State in cases of unlawful oyro,
aud may maintain action for damages; and tat fany
a'e ha oe sold under such judgment decree the sale
/ shall be held Illegal ~
1t also provides thAt anv tailor mo receive, . -
committed on any process other Judicial proceedings TO
enforce the payment OF duties, and any one who hires his
noue as jan to receive such person, shall be fined
Imprisoned; And, finally it provides that anyperson pay
ng duties may re over them back with interest
The next is called can provide for the securtv
anc protection oil the people Of the State Of South Caro-
lima"
This act provides that if the Government of the Unitt
States, any officer hereof shall h., H., c,nrIot, c
naval or military force, attempt coerco the State of
South Carolina into submission the acts of Congress
declared by tie Ordinance null void or to fesst
The enforcement OF the Ordinance or OF the Iaws p,ss
ed in pursuance thereof, case Of any armed ~ foe
chile resistance thereto, the Governor IS auIorzod r.,
resist the same aud 10 order into tie whole or 90
much oil the military force of the State lac may deem
necessary; and that in any overt act of coercon m
intention 10 commit the manifested by an uu,sal as
emblsge oil naval or military forces near the state or
the occurrence OF any circumstances indicating that ar,d
force Is about TO be employed against the Stale or in res
TO its laws the Governor is authorized IN accor, r.
services OF such volunteers and call service suc nor
tons OF the militia as may be required meet the ornep
gency.
The act also provides for accepting the service Of tEe
volunteers, and organizing the militia, embracing all free
white males between the ages Of and go: and for tl
purchase OF arms, ordnance, and anmuui ion laso do
clares that the power conferred the Governor shall b
applicable 10 all OF insurecton or invasion mr. i
nent danger thereof, and Ia whore the laws Of to
State shall be opposed and the execution thereof Corri
resisted By combinations too powerful suppressed b
the power vested in the SherAs and other civil Officers,
mil declares II to be the duty Of the Governor in cver
such case TO call forth such portions OF militia and vonT.
ecrs as may be necessary promptly 10 suppross suc
combinations, and The laws OF the Stale 10 be exo
cued
3D. Is an act concerning ,1e oath required lv ,o Or
dn'nce, passed in Convention Columbia The 2lb of
November, 1882"
This oct prescibes thc form Of the oath which il o
obey and execute the Ordinance and all acts passed by the
legislature in pursuance thcfcOf-dnd drcct the ti,ne
aud manned OF taking 10 10y the officers Of the State civil
judiciary and military.
It's believed that other nave been pass6d eubrac
ing provisions for enforcing the Ordinance hat have not
yet been abe 10 procure them.
transmit, however. a COPY Of C1yernor Jrpifo,ss
Message 10 the Legislature cf South Csroinl-of Cover
nor Haynes Inaugural Address 10 Legislature as also
Of h= Proclamation and general order Of The Governor
aud Commander 800 Chief. dated tlc 2nth of December
giving public notice that lc services OF volunteers viii
be accepted, under the act lrcady referred TO.
II these cannot be defeated aud overcome Ia,
the powers coulcuedby the Constitution ON the Federal