Litchfield enquirer., 1833-01-31

ted neaeeahle. $500
The act Of South Cnrolina, however, does pei rely
altogether upon this IOrebly remedy. Fur even at
tempting 90 resist disobey Though by tie a'a ony
Of the ordinary officers of Ille casiams--'e process
Of replevin, the collector aud all concerned are SUD
ec,ed 10 further proceeding in the nature oil dis
tress Of their personal effects, aud are moreover mace
guilty of misdemeanor and liable 70 be punished ny
fine Of not less lha0 thousand nor more than I'VE
thousand dollars and 10 imprisonment not exceeding
two wears nor less than six months; and Tor even at
tempting 70 execute the orders Of the court Tor Fea
King Ghe properly the marshal and all assisting would
be guilty If misdemeanor and be liable 10 me %
moi less Than three thousand dollars, more than
ten thousand, and 10 imprisonment not exceeding two
years nor less than and in case the goods s1,la
be reiaken under such process u made the aosolte
duty of the Sheriff 20 reake them.
Ii is not TO be supposed that in the lace 81 theee
penalties, aided BY the powerful 0rce OF Inc coos,
which would doubtless be brought tosustaln the Sate
officers either that the collector could retain the Gus
IOdy in the FIRST instance, that the marshal co"'d
sufficient aid 10 retake the property pursuant
TO the order orother process Of the court:
II is obvious that in this conflict between
The powers az the officers OF The United States and Of
the State uDcss the latter passit ely submitted to-
the destruction to which the property Of the officers
Of the customs would be exposed, the commission VI
actual violence, and the loss OLIVES would be scarcely
ayoidable. b. .f
Under these circumstances, and the provisions OF
the of South Carolina, the execution Of The laws
is mprac icabe, even through the 0rdinary Judicial
tribunals ot The Uned States. There would certain
ly be lever difficulties and LEES oIposuniiy Of aetna!
Of the State, and the collection OF the revenue world
be more effec,naIy secured-ifindeed il can be done
in any other wayI,y placing the cosioin-house be-
You'd the immediate power Of the county
For this purpose il might be proper 10 provide, that
whenever, by any unlawful combination or obsirnc-
ton in amy S,aes ia any port, should become M
practicable faithfully collect the duties, the PresI.
dent Of the U. 5. should be authorised al'er and
abolish such Of the districts aud ports of entry as
should be necessary, and to establish the Custom house
at some secure place within the port or harbor
~ n he q Of
reside such place, and TO dctain all vessels
and cargoes until the duties imposed by law be prop
erIy secured paid in misunderstanding interest that
in such cases il should lie unlawful take the vessel
and the cargo from The custody OF The proper othcer OF
the customs, unless by from the ordinary judi
cal tribunals of the United States and that III case
Of AN attempt otherwise lake the property by force
too grea, 10 he overcome by the officers OF the Gus
TOMS should be lawful TO protect the possession oi
the officers by the employment oil the lana ana haVai
forces and militia under provisions smilarto those au-
ihorised by the 1lh section Of the act o the 9Th OF
January, 1909. ssT3 ~
This provision, howe yer, will not shield the officers
and citizens of the United States acting under the
laws from suits and prosecutions in the tribunals OF
the Stale which might thereafter he brought against
them; would it protect their properly ifom 'ne
proceeding y distress: and it may well be apPrehend-
e. that it would be inefficient proper re-
spect The process OF the constitutional Tribunals ~
prosecution for offences against The Onied States ana
10 protect the authorities Of the United States, wheth-
er judicial or ministerial in the performance OF their
duly. 1t would, moreover, be inadequate to extend
the protection due from the governments that portion
Of the people of South Carolina agans! outrage ana
achment and yield obedience to The laws Ot the Ohon'
1t may therefore be desirable I" revive with some
notifications better adapted 70 ,ne s1s ,s S CIV.
pired on the 4h Of March, 1917, by the Limitation OF
ina, Of 9th of April 1916, and 10 provide that 10 any
where suit shall he brought agalns, any
laws Of the United States, he should be authorized 70
remove the said cause by petition into the Crcat
Court of the United States, without any copy Oh tns
record and that that Court shall proceed 70 hear ahd
determine the same as il had been originally hstltu-
ted erein and that in all cases Of injuries 10 the per-
property oil Individuals acting nnder tue aws
of the United States for sobedience 10 the laws OF y
Carolina IN performance thereof, redress may be
oush. in the Courts Of the United States
ii may he expedien. also. by modifying the resoln-
ton Of the Sd March, l791 TO authorize the Marshas
In make the ssary provisions for the sale keeping
of prisoners committed under the authority oi the
United States.
the most part rather Of revival o The policy VI form
er called for by the existing emergency, than 81
the Introduction of any unusual or rigorous enact
mepts would not cause the laws of the Union to be
properiy respected and enforced II isbeeSed these
would prove adequaie unless The military forces OF
State Of South Carolina authorised by the late act Of
the Legislature should he actually embodied and call
ed out in aid Of their proceedings aud OF the provi-
sions Of The Ordinance generally Even N that case
however, il is believed that more Will be necessary
than few notifications Of its terms to adapt the ACT
Of 1875 TO the present emergency as by mat act me
provisions Of the law Of 1892 were accommodated TO
the crisis then exisng and by conferring authority
upon the President give IT operation during the SEES
sion of Congress aud without the ceremony Of Proc
lan,a,ion whenever il shall he officially made known
him by the authority Of any State, or ny the Coufts
Of the United States, that within the limits OF such
State the laws ofihe United States will be openly op.
posed and ,hei: execution distracted by the actual
emplo, Of military force orby any unlawful means
W hats0ever, too great 10 be otherwise Uvercome
In closing this Communication should DO injustice
to my own feelings not 10 express my conhdent re
ance upon the disposition OF each Department OF the
Government perform its duty, and 70 cooperate in
all measures eeessary in the present emergency.
The crisis undoubtedly invokes the fidelity oi tie
patriot and the sagacty Of the statesman; not more M
removing such portion Of The public bnrthen as may
be tina. in preserving the good order o.
society, and in the maintenance Of well regulated lib
eriy.
While forbearing spirit may, and trust will be,
exercised towards the OF our brethren ~ par
ticuar quarter duty :he rest OF the Union demands
that open and organized resistance 10 the laws
should. not be executed with iINpunIly.
The rich inheritance bequeathed by our lathe 70 has
deyolved upon Us the sacred obligation Of preserving
il by the same virtues which conducted them through
The eventful scenes Of the Revolution and ultimately
crowned their struggle with abe n0besi model OF cv'
institutions. They bequeathed 10 Us Government OF
laws, and Federal Union. founded upon the great
principle Of popular Representations. Alter success
iul experiment of forty years. nj momeht when
the Government and the Union are the objects 81 the
hopes Of the friends OF civil liberty throughout the
world, and in the mdst OF public aRd pros
periy unexampled ia history, we are called upon TO
decide whether these laws possess any force ana nat
Union the means Of sefpreseryation. The decision
Of this question by enlightened and patriotic peo-