Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-22

condition.. Ii would indeed, be difficult To imagine OPP
preston, where in the social condition Of people, there
equal Of hanklulness Tor abundant haryes
and various multiplied blessings with which kind Proy
deucc had iN Oied them.
Independently Of these considerations il will moi cs-
cape observation, that South Carolina still cains TO be
component part OF the Union; participate in the
national councils aud to share ia tie public benefits
without contributing 10 the public burhensthus assert
ing the dangerous anomaly OF continuing an association
without acknowledging any other ohigodou lis laws
than what depends upon her own will.
la tins posture OF affairs the duty Of the Government
seems TO be plain. IL uculcaics recognition OF that State
member OF the Ubon and objects TO its auihori,y
serva,ion of the integrity of the Union; the execution
OF the laws by all constitutional means
The Constitution, which his oath of Office obliges him
to support declares that the Executive 'ShdH take care
that the lars be Jdihfuiy erecuted, and in providing
that he shall from time to time, give 10 Congress norma-
uoh o the state OF the OhOn ana recommend To their
sderaon such measures he shalt judge necessary and
eNpedieni, imposes the additional oblgaio of Recommend.
ing TO Congress such efficient for xecupp
The Jaws as may from tune to lime be found requisite
The same instrument coniers on Congress the power not
merely 10 lay and collect taxes, duties inposts and eX
ciSes; TO pay the debts and provide the common de-
ience and general welfare; but TO make all laws which
shall be necessary and proper FOR carrying effect the
io egoing powers, and all other powers by the Con-
sutuuon IN the Government OF the United States in any
department officer thereof aud also To provide Tor
calling forth the militia Tor executing the laws Of the
Union In all similar TO the present the duties of
The Government become the its powers: and
whenever II fails to exert power necessary and proper TO
the discharge the duty prescribed bv the Constitution
uVioaies the public trust less than il would i'm trans
cending It's proper limits. 10 refrain, therefore from the
high aud solemn duies thus enoined however, painful The
performance be, aud thereby tacity permit the
uI authority OF The Government to be contenned and its
laws INSTRUCTED by single State, would neither COMFORT
with It's safety nor the rights of the great body the
American people
1t being thus shown 10 be the duty Of the Executive
to execute the laws by all constitutional means re-
consider the extent Of those already a his sno
sal, and what it may be proper further TO provide.
In the instructions of the Secretary The Treasury TO
ne CoeeIors III south Carolina, the provisions and regu
a'ons made by the act OF 1893, and also the fines penal
ties aud orleures Tor their enforcement particularly
detailed and explained. 1t may be well apprehended
however that these provisions may prove inadequate
meet such an open powerful organized opposition as is
to he commenced alter the first OF February next
Subsequently 10 the date OF those instructions and to
the passage of the Ordinance, information has been re-
celved from sources entitled 10 he relied on that owing
To the popular excitement in the State and the effect
the ordnance declaring the execution Of the revenue
laws unlawful, sufficient number of persons in whom
confidence might be placed, could be induced TO ac
cep the oce OF Inspectors, TO oppose with any probab
lty OF success the force which Will, 10 doubt he used
when an attempt made TO remove vessels aud cargoes
from the custody OF the officers of the Customs and in
deed that it would be mpractcable the Collector
WIN the ana OF any number OF Inspectors whom he may
be authorized TO employ, to preserve the custody against
such an attempt
The removal of the custom house from Charleston to
Castle Pinckney, was deemed necessary pre-
caution; and though the authority TO give that direction
Is not questioned, II is nevertheless apparent that SINH
lar precauton cannot be Observed in regard the por of
Georgetown and Beaufort, each Of which under the pre-
sent laws remains port OF entry, and exposed
structons meditated in that quarter.
In considering the best of avoiding or of prevent
ing the apprehenoe distractions to the collection of the
revenue, and the consequences which may ensue il
would appear 10 be proper and necessary TO enable the of
hccrs OF the customs to preserve the custody of vessels
and their cargoes, which by the existing laws they are
required take until the duties TO which thew are ahlc
shall be paid secured Tho mode by which it is con
empated 10 deprive them of that custody is the process
OF repevn and that OF cdpiaS in tcihernGm in the
nature oil distress from the State tribunals organized by
the Ordinance.
Against the proceeding in the nature of distress it is
moi perceived That the collector nerpose any resist
ance whatever; and against the process orepevn alho
rsed by the law OF the State, he having common law
power can only oppose such inspectors he by statute
authorised, aud may find it practicable TO empov and
hese from the information already advcred to- are shown
TO be wholly inadequate. The respect which that pro-
cess deserves must therefore be considered.
1t the authorities of South Carolina had not obsructed
the cg innate action OF the Courts The United States
or II they had permitted the State tribunals TO administer
ue law according TO heir oath under the Constitutions end
me regulations oil The laws OF tie Unon the General Co
veriment might have beer content TO look TO them for
maintaining the custody, aud to encounter the other in.
convenitnceS Arising Of the recent proceedings Even
Courts OF the State woud be ire gular and unaut orzed
IT has been decided by tlie Surcee Court OF The United
SaeS, that the Courts OF the u tied Safes have excu-
sve jurisdiction OF al seizures Oh land or wa er for
breach OF The laws OF the Uni ed States; and auv inter
ven'on oil State auhori y which, by taking the thing
Se",u oe ct NE hands oil the UnIed States officer,
might obstiuct the exercise his jurisdiction is unla
ui uia IN such case, the court OF The United Staes hav.
rs cognzhncc OF The seizure, may enforce re delivery OF
the thing 10y attachment ohtr summary process ibai
the question under such seizure, whether forfeiture
has been actually incurred, belongs exclusively 10 L.
courts o the Uni ed States and depends on The final
decree whether the seizure is deemed ight(ul or
toTiOu aid that not until the seizure be finally iuged
wrong al, and without prob bic cause by the courts Of
the Ohiied ares, can tie party proceed law
Tor damages ia the state C,urls
But, by making it ''uuawu for any of the constituted
authorities, whether OF the United States or of the STATE
TO enforce the laws io the payment OF duties decar-
ing that all judicial proceedings which shall be hereafter
had Ia ahdnce oil contracts made with purpose to secure
. The zaItl
utterly null and void" she has in effect abrorated Tho
virtually denied the United States access TO the courts es
tabshcd by eir own laws and Jared il una,y m for
the Judges to discharge those duties which they are sworn
10 perform In lieu OF these, she has substituted those
state tribunals already aGvcrCd TO-; the Judges whereof
are not merely forbidden TO allow appeal or permit
copy Of their record but previously sworn 10 dsre
gard the laws OF the Union and enforce those only of
hal to the Judicial character of inqurng into the vadi
~ oil Tie law and the right oil the matter become merely
ministerial instruments in aid OF the concerted obstruction
I OF the laws OF the Union.
Neither the process Authorities Of these tribupa4
mus constituted, can be respected consistently with the
supremacy oil the laws the rights aud security OF tie
cizen Ii they be subhi ted to- the pro &c ion due from
'nd there Is az once end, only to the laws but
TO the Union itself
Against such force as The sheriff may, and vhicb.
by the repleyIn act OF South Carolina II is bis duy to
exercise It cannot tie expected that collector can r.,
tam his custody, with tic aid the inspectors In such
case u IS true 1t would he comp. nitiiue suits
IN the United States courts az aius those engaged i'm
me unlawful proceedings the propery might be seized
LOT violation OF the las s. ard being beled i'm
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