Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-23

Inc CHmmittee 10 wDOm was Teiefftu lhe al' VI
the Congress Of the United States, entitled
=" An act further to provide for the collection
Of duties on imports" be- leave to
REPORT:
That they have, so far as time would allow,
considered the Act with such attention as the I'M
portance Of the matters contained IN 1t would
seem to require. At the present moment, when
question, which has long divided and perPlex-
ed the country, has been adjusted, on terms cal,
culated 60 quiet agitation and restore harmohy'H
would have been matter of peculiar gratlhcaaon
70 be able 10 indulge, without restraint the rect
ings which such adjustment was calculated 10
excite. But YOUR Committee regret to say, that
a, the moment of returning peace, the most Sc
rious and alarming cause OF dlssatisiac'on mas
been afforded by the act under c0nsldera'ioh.'
Y,ur Committee do most sulemnly believe that
tho nrincjnIes sought 10 be established BY the Act,
are calculated when carried into practice, to de-
s,roy our Constitutional frame OF Government,
TO sub,ert the pubic liberty. and 10 bring about
the utter RUN and debasement OF the Southern
States of this Coufederaoy.
The general purpose OF the whole act though
not expressed in the terms oft, Is perfectly we'll
known to have been Ia counterfeit ana rehuer IN
.icaicous an act OF this State, adopted in her So
We i'm capacity, for the protection Ut her reserV
ed rights Believing, ss we most fully do, that
the power attempted to be exercised by the State,
il among the reserved powers vi the States anu
that ir NAV Or exercised consistently with the
Constitution Of the United States, an opinion
formed by the GOOD people OF this State, upon the
fullest and most careful consideration, and ex-
pressed through their Delegates IN Convention,
YOUR Committee must on that ground alone, have
/ 4
mo that t,and the means by which IL is sought
10 he counteracted, are unauthorized BY the Con-
s,itutiSu. We think that this will become more
arparent by attending to the leading provisions
Of the act of Congress.
The act gives to the President Of the United
States. for a limited time. an almost UNLIMITED
mower IF control over the commerce OF the whole
United States; though certainly the power was
only contemplated To be exercised against that of
South Carolina.
Itexemps properly in the bands of the officer
of the revenue, alleged TO be detained Tor enforc-
inc the payment of duties, from LIABILITY to the
process of the State Courts.
II exen.pts class of persons residing within
the S,ate-uficers Of the Unitad States, and per-
sons employed 6y them acting under their dl
rectinn, or any other person protesting to act ir
execution of the revenue iaas-from all RESPONSE
b,Iity to the State laws or State tribunals,
for any crime or wrong, when It is alleged that
the act was done IN execution Of the revenue laws,
or under color thereof
II gives 10 the same class of persons the right
10 seek redress for any alleged INJURY whatever.
either to persun or property, however foreign 10
the proper subjects of the jurisdiction, IN the
Coalts Of the United States; provided the in]u-
~ be received IN consequence OF any act done IN
execution of the reveaue laws.
L. directly suppnses all The Courts ut the State
TO be inferior and subordinate to those o! the
United States. aud provides for rendering them
so. BY directing to them the "r1t vi cerfeorar' SUI
preceding their jurisdiction.
l. affects to limit aud control the jurisdiction
Of the court, of the State; providing Tor the re.
mo, al of causes from their cOgnizance; deciar-
log their judgments void, and providing for the
discharge Of persons confined under their pro-
cess
1t tvrannica!ly provides Cor rendering persons
liable to punishment for acts done by them in ex-
ecution Of the laws of the State and the process
of its courts. to which they are bound to yield
obedience, and witch they are compelled, under
the highest sanctions, to enforce.
1t not only provides for the punishment ct per-
sons thus acting by the civil tribunals but autho-
rzes the employment of military force under
color of executing the laws Of the Unitrd States,
TO resist the execution Of the laws OF the State;
supercediug. with the quick execution oil the
sword. the slower process of courts.
The Act authorizes the confinement Of persons
in unusual places; which eau only mean on board
ships; in which persons from the most remote
parts If the State may be confined.
The Committee believe that all these positions
are distinctly sustained by the act in question.
BY the Constitution Of the United States, the
power to regulate commerce is given TO Con-
gress. 1t Is an important portion of the Legisla-
tive power, and as legislative power, is incapable
of delegation. Congress has, however, in effect,
delegated to the President the power to abolish,
at his discretion, any port OF the United States,
or interrupt or destroy its commerce. fhis may
easily be effected, under the authority to remove
the custom house to any port or harbor within
the Collection district. BY fixing it at inconveni
ent or inaccessible places. To say nothing Of
The unusual aud tremendous character ot this
power, which New York or Philadelphia might