The Arkansas advocate., 1833-02-27

udi, to accomplish ny tueif iofClbic ald what could not be effected peaceabiJ and by the ordinary means. It ma, probably be said 10 be reiict of those ages in which the laws could he defend ed rather by physical than moral force, and, in it's origin, was conferred npon the shcriils Of England 10 enable them .so defend ;t!!se;T eoaistti against aj .: the King enemies when they came lfi- to the land, as well as for the purpose of executing pr cess. h early and less civilized times, It was intended to iu-- elade ssthe aid and attendance of all Knights and others who were bound % have harness Ii int iaics the right of going with arms and military equip ments, and embraces larger classes oi population than can be compelled by the laws of nostof the states 10 perform military duty. Il. the principles of the common law are recognized in South Carolina land from this act 1t would seem they are) the powers of summon- ing the posse conailatns will compel, ua- der the penalty ol fine and imprison-
 
 and able to travel, to turn out at the call Of the sherilT--an with such wea- pons as shall be necessary; and it may justify beating and even killing such as .iia;ss resist. The tse Of tie posse eonal- fatus is therefore direct application of force, and cannot be otherwise regarded than as the employment Of the whole militia force of the country and in an equally efficient form, under different name. No proceeding which resorts to this power, to the extent contemplated hy the act, ,ean be properly denoininated peaceable.
 The act of South Carolina. however does not reil altogether upon this forci ble reaieds. For even attempting to resist or disobey--though by the aid on ly ofthe ordinary officers of :he cus-i torns--iii,e process ot repievIn, the col lector and ail concerned are subjected 10 further proceeding in the nature Of Il distress of their personal effects, and arc moreover made guilty of a misde- meanor and liable to be punished b3 fine Of not less than one thousand, nor more than five thousand dollars, and to impris- oameDt net exceeding two years nort less than six months; aud for even at. tempting to execute the orders of the court for retaking the property, the marshal and all assisting would be gull Y of q intsfieiacanor and be liable 10 fine of pot less than three thousand dol lars, nor more than ten thousand, and to imprisonment moi exceeding two years norless than oae; and ill case the goods should be rctailcn ander such process il is made the absolute duty of the Sheriff to retake them.
 It is not to be supposed that in the face of these penalties added by the powerful force of the county hich would doubtless be brought to sustain inc State officers, either that the collec- tor could retain the custody in the first instance or that tie marshal could sum- mon sufficient aid 10 reiake the property pursuant to tbe order or other process of the court.
 lt is moreover obvious that in this conflict between tue powers of the off fcers of the United States aud of the State, (unless they bc passively submitted to) the destruction 10 which the proper ty of the officers of the customs would be exposed, tue commission of actual violence, and the loss Of lives would be scarcely aYoidabe.
 Under these circumstances and the provisions of the acts of South Caroii- na, the execution of the laws IS render ed impractieable, even through the or dinary iudielsd tribunals of the United States. There would certainly he few CT difficulties, and less opportunity of actuai coiiision between the officers of the United States and of the State. and the collection Of the revenue would be more eaeetuaIly secured -is indeed. if can De done in any ether vay-by plac ling the custom house beyond the imme- diHtc power of the rounfy.
 For this purpose, 1t might be proper to provide that, whenever, by any un- lawful combination, or of obstruction, in any State, or in any port, if should become imprietieable faiihfully to col lect the datias, the President of tue United States shoald be authorized to alter and abolish such oi the districts and ports of entry as should be necessa- ". and to establish the custom house at some secure place within the same port Tor hafbor of such State; and, in such cases, 1t should De inc duty of the col lector 10 reside at such place, and to de- tain all vessels and cargoes until the du- ties imposed by law bcproperly secureeb or paid in cash, deducting interest, that, in such cases. If should be unlawful to