Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-02-06

that a collector can retain his custody with the
aid of the inspectors. In such case, it is true,
it would be competent to institute suits in the
United States courts against those engaged in
the unlawful proceedings orthe property might
be seized for violation of the revenue laws,
and being libelled In the proper courts, an Or
der might be made for its re-deliyery, which
would be committed to the marshal for execu~
lion. But in that case the 9TH section Of the
act, in broad and unqualified terms, makes it
the duty of the sheriff ''to prevent such recap
ture or seizure, or to re-delver the goods, as
the case may be-" even ssunder any process,
order or DEGREES. OR other preiext contrary to
the true intent and meaning Of the ordinance
aforesaid" 1t is thus made the duty of the
sheriff to oppose the process of the courts o.!
the United States, and for that purpose, if
need by, to employ the whole power of the
county; and the act expressly reserves to him
all power, which, independently of its provi-
sons, he could have used. In this reservation
it obviously contempates a resort to other
means than those particularly mentioned.
1t is not to he disguised that the power which
1t is thus enjolned upon the sheriff to employ,
rs nothing less than the posse comitatus, in all
the rigor OF the ancient common law This
power, though II may be used against unlawful
resistance to judicial process, is in its charac-
ser forcibie and analogous to that conferred
upon the marsiials by the act of 1898. 1t Is
IN fact The embodying of the whole mass Of
the population under the command of single
individual, to accomplish by their forcible aid
what could not be effected peaceabiv and hv
the ordinary means. 1t may properly be said
30 be a relic OF those ages in which the laws
coald be defended rather by physical than NOR
al force, and, in lis origin, was conferred upon
the sheriifs OF England to enable them to defend
their country against the Kings enemies when
they come into the land. as we'll as for The nur
pose OF executing process. In early and less
civilized times, i. was intended to include sslhc
ail and attendance of all knights, and others
wi'a were bound TO have harness. Itipcludes
me right of going with arms and military
equipments, and embraces larger classes and
\ greater masses of population than can be com
peiiea by the laws of most Of the states &c
perform militia duty. If the principles of the
c'fhiioh la :" arc recognized in South Caroline
land from this act it would seem they are) the
powers OF summaning the posse comitasus viii,
compel, under the penalty of fine and impris-
ohment, every man, over the age OF fifteen and
abe 70 travel, to turn out at the call of the
sherill,--and with such weapons as s!.au he
neressary and it may justify beating and even
killing such as may resist. The use Of the
posse comitatus is therefore direct application
Ut force, and cannot be otherwise regarded than
as the employment of the whole militia force
Of the county, and in an equally efficient form.
under different name. No proceeding which
resorts to this power, to the extent contemplat-
cd by the act, can be property denominated
peaceabIe.
The act Of South Carolina, however, does
not rely altogether upon this forclblc remedy.
For even attempting 10 resist Or disohey-shu'
By the aid only of ordinary officers Of the GUS
toms--the process of replevin, the collector
and all concerned are subjected to further
proceeding in the nature of distress of their
personal effects, and are moreover made guilty
Of a misdemcanor and liable to be punished by
hnc CT not less than one thousand nor more
than Ave thousand dollars, and to Imprisonment
not exceeding two years nor less than six
months; and for even attempting to execute
the orders Of the court for retakinu the proper
ty, the marshal and all assisting would be gull
ty OF a nsdeneanor and i,e liable to fine of
not less than three thousand dollars, nor more
than ten thousand, and to Imprisonment not
exceeding swo years nor less than one and in
case the goods should Lo IciaKen u..dur SUCH
process II made the absolute duty of the
sheriff to retake them.
II 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 col
lector could retain the custody in the first
instance, or that the marshal could summon
sufficient aid to retake the property pursuant II.
the order or other process of the court.
Under these circumstances, and the provis-
ions of the acts Of South Carolina, the execu-
ton of the laws is rendered imuracticabe even