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

nens, and embraces larger classes geater masses of
population than be compelled by the laws of most of
the States, TO perform militia duty II the principles of
the common law are recognized in South Caroline land
from thIs act would seem they are the powers SUM
monng the posse c0mitGtuS will compel under the pc
nay OF line aud imprisonment, every over the age of
bitcen aud able To travel the call the She
r aud with such weapons shall be necessary and it
may JuShy beating, aud even killing such may resist
The use OF the posse eOiotuS is therefore direct APP
p'aoh OF force, and cauno be otherwise regarded than
as the employment OF the whole mia force the coun-
try, aud IN an equally efficient form, under different
name No proceeding which resorts to this power to the
extent contemplated by the act can be properlv denon
mated peaccaLle
The act OF South Carolina, however does not rely al.
together upon This iorcib remedy. For even attempting
to resist or 'sobeyough 10y the aid only OF the orna-
ry officers oil tie cusom'--the process OF repevn, the
collector AMI all concerned subjected TO further pro.
ceedng in the nature oil distress of their personal ei.
ec'S, diu arc moreover, made guilty. OF mseueauor,
an haolc To be punished by fine otnot less than thou.
sau nor more than five thousand dollars and 20 inpr-
sonmcnt not exceeding two years nor less than six
months; aud Tor even attempting execute the orders
of the court for cakng the property the marshal and
all assisting would be guilty OF miSdcmeanor and be liza
BILE To hne OF not less than three thousand dollars more
than ten thousand, and 10 mpiisonncn not exceeding
two years nor less than one and in the goods should
be reaken under such process il is made the absolute din
/ ~ OF the sheriff TO retdke them.
II Is not TO be supposed that in the face OF these pc.
nahes aided 10y the powerful force OF the county, which
would doubtless be brought sustain the State officers
either that the collector ould retain the custody i'm the
first instances Or that the could summon sufficient
ana TO Te-ake The property pursuant 10 the Order other
process OF the court.
Its, moreover obvious that ia this conflict between
The powers OF the officers OF the United States ami of the
State unless the latter be passvey submitted o the de-
sucuoh TO which the property Of the officers the
toms would be exposed the commission OF actual violence
ami the loss OF lives, would be scarcely avoidable.
Under these circumstances and the provisions OF the
acts OF South Carolina, the the laws is render
lmpracucable even through the ordinary judicial bu-
mails o,he United States There would certainly be few
er uhchIies ana less opportunity OF actual collision be-
tween the officers OF the United States and of the State
ana the collection OF the revenue would be eHeciu
any secuied- indeed can be done in any other way
OF the county.
For this purpose it might BIC proper to provide tina,
Whenever by any unlawful combination obstruction in
any Sale, OF any port, ii shoeid become impraccabe
faithfully TO collect the duties the p, sent o the Unite.
States should b. authorised to alter and abolish such az tho
districts and potts oil entry should be cessary and TO
estUOSh The cusom-house at some place within
some port or barber ot such State and ia such case. il
should he the duty OF tie lec,or reside such place
anu 10 uealn al vessels and caigoes until the duties i'm.
posed by Jaw should be property paid in cash
deductng interest; that in such should be una
iui TO take The vessel and from The custody OF the
proper officer OF the CUSTOMS unless by process from the
ordinary judicial tribunals OF he United States aud that in
case OF an atttmp otherwise o take the property by
iorce too great ne by the officers of the
toms, 1t should be lawful protect the possession of the
ohcers 10y the employment OF the land ond naval forces
and the militia, under po,sOus similar 10 those authoris
ell by tie lltI sec ion o the OF tn 9Th Of January
1909 '''
The provision, however, would not shield the officers
ana cizens OF the United States acting under the laws
rom suits and prosecutions, in the tribunals of the State
"ch might therefore be brought against them; would
protect their property from the proceeding by distress
ald II may well be apprchended that it would be INSULT
ceht TO ensure proper respect the progress the con-
Situtiona tribunals in prosecutions for offences apans to
United States, and TO protect the authorities of the United
states, whether Judicial ministerial in The perormano
OF their duties 1t would moreover, be Inadequate to
tend the protection due from the Gov To that por-
ton OF the people of South Carolina, against outrage and
oppression oil any Kind who may manifest their attachment
/ and yield obedience to the laws OF tho Union
IL may, therefore, be better TO revive with some mo-
dcaons better adapted TO the occasion the 9th section
OF the act OF the Bird OF March, 1875 which expired OF
the 4h oil March, 1917, by the limitation of thai of 27
April, 1916, and TO provide that in any case where su
snail be brought against in iydua the courts of the
State, for any done under the laws of the u Satcs
he should be authorized remove the said cause by pe
uon INTO the Circuit Courts OF the United States wihou
any copy OF tho record and that the should proceed
to hear and determine the same, if had been original
y Instituted therein And that in all cases of injuries t.
The persons or property Of individuals for disobedence tc
the ordinance and laws OF South Carolina, pursuance
thereof redress may be sought in the courts of the Unite,
states It may be eXpcdieu also by modifying the eso
luton OF the I'd OF March, 1901 authorize the marsha
10 make the necessary provision Tor the safe keepin of
sonerS committed underline authority of the United States
PROVISIONS less ihan these consisting they do io
The most part rather Of evival OF ihe policy Of 10 mel
acs caod Ion by the existing emeTge cy than Of the in
roduchon my unusual or rigorous eHacmrnls woult
not cause The laws OF Tie Union be prop rly
OF enforced 1t Is believed these would prove adequate
uhIe' ne military o'ces 81 tie Stare Of South Carolina
author ed by The late OF the legislature should b,
actually emboHied, and called in aid their proceed
ngs, aud OF the provisions o. the ordinance generally Ever
ia this case, however, il believed that no nore VIII h,
necessary Than lew nOihca'i OF its terms TO adam
the act 1875 to the pr emergency as by that ac
the provisions " The law OF 1892, accommodated Il
the crisis then eNis ing ard by coneiring authority upol
he fresluen 10 give IL operation during the Session o
Congress, and wihou the cere iouy OF a proclamation
Wherever shall he officially made known him by the
au hory oil any ate, that chin the limits OF each STATE
Tie laws OF the United States by the Courts OF the
States win be openly opposed, and their execution OBJ
sTrctcd by lhe actual employment OF military force or b,
any unlawful means whatsoever loo great be otherwise
OFtrco
In closing this communication, should do Injustice f
my own feelings not TO express my confident reliance up
on The disposition OF each department of the Government
to perform It's duty, and cooperate in all measures ne
ces.ary Ia the present emergency
The crisis undoubtedly nvokes the fidelity of the par
OF, and the sagaciy OF the statesman more in remov
ing such portion OF the public burthen as may be unne
ccsafy than III preserving the good order Of society," an,
in lle maintenance of well regulated liberty.
Nhe iorbearing spirit may, and trust will be OK
creased toWFds the of our brethren in paricula
quarter, duty to the rest Of the Union demands that opeI
| edwh impunity.
The rich inheritance bequeaihed by our fathers has de
vovcd upon us the sacred obligation preserving it by tn,
same virtues which conducted them through the eventhl
scenes oil the Revolution aud ultimately crowned srug
gle with the nobles model OF civil Institutions They be
queathcd to us government OF laws aud Federal Union
founded upon the great principle popular representation
Aier successful experiment of forty four years at mo
meni when the Government and The Union are the objects
OF the hopes OF the friends Of civil liberty throughout III,
world and in the midst OF public and individual prosper,
uneXanpled n history called upon eide
these laws possess any force and that Union the means
selipreservaion The decision OF this question: by al
enlightened and patriotic people, cannot be doubtful Fo
myself fellow citizens devoully relying upon that kin,
] y Iuraa --l.- IL, l.. a /.