Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-18


legislative, executive, and judicial power OF 90
yerument. dispenses with existing oaths and Oh.
legations Of obedience, and elevates another pow
er to supreme dominion, then uullhcatioa IS re-
evolutionary. Or II that be revolutionary, the ma
tura tendency and practical effect OF which Is 10
break the Union into fragments, to sever all con-
nexion among the people Of the respective States
and TO PROSTATE this General Government IN
the dust, then notification is revolutionary.
Modification, sir is as distinctly revolutionary
az secession; but csnnot saw that the revolution
which il seeks is one of so respectable . charac-
ter. Secession would, it is true, abandon the
constitution altogether; but then 1t would profess
to abandon il. Whatever other inconsistencies
il might run into; one. at least, 1t would avoid.
1t would not belong to a Government, while II
rejected its authority. 1t would not repei the
burden, and continue to enjoy the Dement'S. IL
would not aid in passing laws which others are
to obey and vet reject their authority as 10 .se'.
1t would not undertake to reconcile obedience
to public authority, with an asserted r'sh' oi
command over that same authority. II wou'd
not be in and out of the Government at the same
time But however more respectable mode Sc
cession may be, it is not more truly revoiutIon
than the actual execution OF the doctrines OF null
! LITIGATION. Both, aud each, would sever inc
OTl.
| Mr.. President, having detained the Senate so
long already, will not now examine, at length,
| the ordj nance and laws Of South Carolina
These papers are ell drawn for their purpose.
Their authors understood their own objects -
They are SAled peaceable remedy, and We
have been told that South Carolina, alter all IN
tends nothing but a lawsuit. very ie" WORDS
air. will show the nature of this peaceable RENE
DIV. and of the law suit which South Carolina con.
templates.
In the first place the ordinance declares the
law of last July, and all other laws of the Uni
ted States laying duties, TO be absolutely null
and void, and makes it unlawful Tor the constitu;
ted authorities Of the United States to enforce
the payment Of such duties II is, therefore,
sir. an ndictable offence, at this moment, 10
South Carolina. for any person to be concerned
IN collecting revenue, under the laws OF the Uni
ted States 1t being declared unlawful TO col
lect these duties BY what Is considered uhua
mental law Of IN. State, an indctm ent lies Oh
cour.e AGAINST any one concerned IN such collec
tion. aud h. is. on general principles, liable TO
be punished by fine and imprisonment. HE
terms, il is true, are, that IS unlawful " 10 en-
force the payment Of duties;" but every custom
house offire enforces payment while NJ de'ains
the goods, in order TO obtain such payment -
The ordinance. therefore, reaches every o"dy
concerned in the cOlet tian OF the duties.
THIS is the 6rs. step in the prosecution at the
peaceable remedy. The second is more dec-
siye By the act commonly called the reple'in
law. an, person whose goods are seized or de-
tanned by The colecpr fur the payment OF duties
ma, serve ont writ of rep!evn, and by virtue
6 49,, mri,. the goods to ne restored to hlm'
A writ Of rpplevin is writ which tho sheriff Is
bound to execute, and for the execution OF which
he is bnund To employ force. if necessary. lie
NAV call Out the posse. and must do SO, II resist
ance he made. This posse may be armed or un'
armed. II may come forth with military array.
and under the lead of military men. Whatever
number Of troops may be assembled in Charles
ton, they may be summoned, with the Governor,
or commander in chief, at their head. 10 come in
aid of the sheriff. Ii is evident then, sir, thai
the whole military ppwer ct the State Is 10 De
employed, whenever nPcessary, IN dlspossessinS
the custom house Oil ers. and IN seILing and
holding the gnnds without paving the duties
This is the second step N the peaceabe remedy.
Sir, whatever pretences may be sci up to the
contrary, this is the direct application Of force,
and of military force. 1t Is unlawful, in itself.
to replevy goods in the Custody of the collectors
But this unlawful act is TO be done, and II is to
be done by power. Here Is plain interpostlon,
by physo al force, to resist the laws OF the Uni
on. The legal mode of collecting duties Is to
detain goods till such duties paid or secured.
But force comes and oyerpowers the collector,
and his assistants, and takes away the goods,
leaving the duties unpaid. There cannot be a
clearer cas-. of forcibie resistance to law. And
it is provided that the goods thus seized shall be
held against any attempt to retake the"' BY the
same force which seized them
Having thus di>possessed the officers OF the 60
yernment of the goods. without payment OF d.
ties, and seized and secured them BY the strong
arm of the State. only one thing more remained
60 be done, and that is. to cut OF all possibility
of legal redress; and that, too. is accomplished,
or thought to be accomplished. The ordinance
DEGREES. that all judicial proceedings founded on
the rerenue la,cs, Including. Of course, proceed
nss in the courts of the United Stat.s,) shall be
! MN and uoid This nuIl'fies the judicial power
of the United States. Then comes the test oath
act. This requires all State jud ges aud jurors in
the State courts to swear that they will execute
the ordinance. and all acts Of the Legislature,
tla ho nrHin AZ