Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-01-24

Esea il thai case, however the process Of lcpsesn
from the State would be irregular and unauthorized.
Il has been decided by the Supreme Cous, OF the L.
niicd States that the Courts Of the United States
have exclusive jurisdiction Of oil seizures matie on
land OF water for breach OF the laws Of the United
States and any intervention OF State authority,
which, ny taking the thing seized, out ofihe hands
ofihe United States officer might obs,ruei the os-
croise ofihis jurisdiction is unlawful that IN such
case the Court of,hc United States having cogoi-
zanee ofthe SECURE, may enforce a re-del,very OF
the thing by attachment or any other summary pro-
cess tha, the question under ouch n seizure, whe-
iher forfeiture has bean actually incurred, belongs
exclusively TO the Courts Of the United Slntos, aud
II depends on the final decree whether the seizure
is 10 be deemed righ,folo or tottnous and that not
until the seizure be finally judged wrongful and
without probable cause by the Courts The United
States the party proceed At common law for da
images in the State Courts
But by making i, unlawfu for any Of th, con
stitu.ci authorities, whether OF the United States
or Of the State 10 enforce the laws for tho payment
of duties and declaring that all Judicial proceedings
which shall be hereafter had IN nflirmsnee OF con
tracts made with purpose 10 secure the duties 'inpo
sed by the said acts are and shall be held utterly
null and void she has IN effect nbrogaed the judi
eIal tribunals within her limits IN this respect
has virtually denied the U1'ted States nc ,ess Ia
the courts est bshcd by their own laws. and de
clared unlawful for the Judges 10 discharge those
duties Which they sworn TO perform. In lieu
Of these, she has substituted those State tribunals
already ndveried to--thc Judges whereof ARE not
merely forbidden to allow an appeal, or permit n
copy OF the record but previously sworn TO dis
regard the laws OF the Union, and enforce those on
" Of South Carolina and, thus, deprived OF the
functions essential TO the judicial characiefoI inqu-
ring into the validity Of the law and the right OF the
matter, become merely ministerial instruments IN
aid Of the conceited obstruc,ons Of tho laws ofthc
Union.
Neither the process no, authority ofthesc uIbn-
nails thus constituted can be respected ronsistent-
" with he supremacy ofthe laws, orthe rights
and security of the citizen. ii hey be submitted
TO- the protection due from the government, to liz of
fccrs and cit2ens is withheld and there is ntonee
m end not only 10 the LAWS, but 20 The Union IT.
self.
Against such force ~ the shtiiG may, and
which. by the replcsn net of South Carolina, il 10
his duty 10 exercise il cannot DO expected that
collector VIII retain bis custody with the AID Of the
inspectors In such case, j, is true, i, would br
courts sgans, those engaged IN the unlnv ful pro.
cceding or the property nigh, be seized for VIC
n,on Of the revenue laws ard bcing libccd in tho
proper courts m order nigh, BE- made for its rc.dc
! livery. which would be committed to the nnnrshal
cor execution Blu, IN TINT case the Ath section Of
the act, in broad and unqualified terms, makes il
/ the duty ofthc sheriff /" 10 prevent such re cap
ture or seizure, or 10 re deliver tho goods az the
| l. - .l.r
decree or other prctcx contrary to the true intent
md meaning o ihc Ordinance aforesaid Il is thus
made the duty of 'hc sheriff to oppose the ptcces
Of the courts Of the United States and Tor that pur-
pose, ii nocd be- to employ the Who'll power of the
county and the act expressly reserves 10 him all
power, which, independently Of lis provisions, he
could hayc used. In this reservation il Oh, ioisy
contcmplat~ rcsor, to other means than those
particularly mentioned
/, is no, to be Disguised thu, the power which
il is thus enolneh upon tho sheriff to employ ia no
thing less than the posse comi,a,us in all the rigor
Of the nncien, common lnW. This power, though
ii may be used against unlawful resistance to ndl-
cial process in its character iorcblr, md annlo-
eons to tia, conferred upon the narshas by the nc,
of 1873 II in fact, the cmboaying Of the whole
mass Of the population under the command Of sin.
whit could no, Dr. effected peaccaby, and BY the or.
binary m"ans II may properly bo said 10 be n re-
ict Of those ayes IN which the laws could be defen-
1ed rather by physical than moral force and, in
its origin, WINS conferred upon the sherifls Of Eng.
land to cnnhle them to defend their country agans,
any Of the Kings enemies, when they came into
tie land as we'll ns Tor the purpose Of executing
process IT, cn,lv ard less civilized times it was
1,l incl Il. th. Al -
knights and others who were bound to have Mar.
ness" II includes the right Of going with arms
and military equipments, and embraces larger
classes and greater masses o, population than can
be compelled by the laws OF most of the States, to
perform militia duty. 1.-THE principles of the com
mon law are recognized in South Carolina, (and
from this act it would seem they arc,) the powers
Of summonng the posse comitatus will compel
under the penalty Of fine and Imprisonment, every
man, over the age OF fifteen, md oble TO travel, to
turn out AT the call Of the sheriff and with such
weapons us shall be necessary and it may Justify
beating, and even killing such as may resist The
use Of the posse comita,us is therefore dircc, ap
pcation of force, and cannot be otherwise rcgns
died. than as the employment Of the whole militia
force Of the county, and in an equally ehicien
form, under different name No proceeding
which resorts to this power, to the extent contcm
plated by the act can be properly denomnatee
pcaceabe.
The act Of South Carolina, however, does no
rely altogether upon this forciblc remedy Fo
even attempting to disobey, though by the al,
only of the ordinary officers OF the customs -th,
process OF repevin the collector and all concerned
arc subjected to further proceeding in the nafur o
distress Of their personal effects and norcove
made guilty of misdemcanor,& liable tobe punish
ed by fine ofnot less than ono thousand. no m r
than Ave thousand dollars, and to imprisonment no
exceeding two wears, nor less than six months
and for attempting to execute the orders Of tho
court for retaking the property. the marshal and oil
assisting you'd he guilty of a msdemeanor and So
liable to fine ofno, less than three thousand dol
lars, and TO Imprisonment not excceoine two years
nor less than one and in case the goods should bt
rctaken under such process it is made the absolute