Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-05
ID to the most cruel prescription.

oath, lost any situation pf trust whIchhe h"e"'
and was rendered incapable OF ENJOYING any
State office, according to the provisions ut the
Ordinance What despotisn is this! Iwou!d
rather, said Mr. F., give the President 50,OOo
men at his dispusa, to put down this spirit Of hos
tiiity to the laws, than suffer sucha despotism TO
! continue. What! After inaamng the public
mind throughout the State by publications and
speeches at patriotic meetings. shall these oppo.
sers of the laws be permitted to drive. by The
force Of their test oath, the most honorable 0f
their fellow citizens into absolute occlus,on from
all the immuni!ies ut their condition. unless they
will come in, and give their adhesion to bind
measures which their consciences refuse to ap
provef Shall they be permitted ~ say to this
conscientious and orderly Oaad-vnu must take
that oath or lose your comm'>.ion! Rsr mat IS
not all. II the Judges decided ssa,r Un't.
ed States. and the Marslai snou ID what
Marshal would no,f-go into the Con q me
United States to max. complaint that he .- r,d
his gnnIs seized, he is then liable 10 fine aGd "a
prisonment Here, then. 1t appears that ooqin
Carolina passes by all the known tribunals Ot IN.
country. swears her own judges tn decide Accord
ing to her own view. and If the officer of the Uai
ted States dires to g, the United States Courts
with his complaints, tines and mprlsOns him.
And this is called peaceful remedy. Iii, n re-
medv With sets at defiance all the principles
and elements of peace. And if we dare to inter.
rupt South Carolina in this course. we are told
that we are making war against South Carolina.
II we were to carry this controversy into any
Court which has not been thus sworn against US,
we should have a fair prospect Oi a decision IN
our favor. should like, continued Mr. F., to
see ang Judge who would come I" the c0nsdera-
ton Of the case with an unbiased mind, give
Judgment upon it. Yet, under the Ordinance
4 Z - O., thn al
carry his complaint into an impartial Court, but
on pain of fine and imprisonment.
The fifth section Of the bill authorizes the EN-.
ployment of the military aud naval force. Mr..
F. read the section, and continued;-if the crisis
provided for in this section sh0uld arrive, the
President is not even then in the first plac. to
resort to force, but merely TO issue his PrOclama
ton. and thus to reason with the misguided cIti
Zens. Should all this fail, and the crisis Is hur
ried on, when there is no other alternative than
that the dignity and union Of the States is to be
upheld or surrendered, then he is authorized to
call out, and employ the force placed BY that
section at his disposal. What are the powers of
Sheriff Of South Carolina, if he should be call
ed on to resist the execution OF the laws! lie
may call out the posse con,n,iiatis; he may in
woke the whole power Of the county. What is
the whole power Of the county: Every man in
and his 10000 men were al hand. the Sheriff
would call on him, as the Executive Of the State,
to execute the laws of the State: in the same
manner as the President of the United States is
now required to execute the laws of the Union,
with the aid of the force OF the United States.
Here, continued M. our reco!lect,ons have
been refreshed by reference to the Jersey pri.
son ship, and all its horrors. lie referred the
Senate to the repleyln act to shew the situation
in which the officer of the United States i, pIa.
ced, whenever he shall attempt to re.possess any
gods; being subjected to fine and imprisonment,
even although he shall go INTO the State with the
broad seal Of the Supreme Court. He is thus
treated as marfactor the State FOR going there
to do hs duty, and to obey the laws. by enforce
Ing the process of thu Court Thi, is nuIlifica.
lion, but this is not all. In order to Danish every
shred Of federal authority from the State. il is
decreed that If any offender against the laws Of
the United States shall be taken, no citizen shall
be at liberty to ufftr place for his confinement.
Yet the gentleman from Kentucky saw, the fra.
ture in our bill which meets this contingency is
an odiuus one. because il leads back his tecolec
tons TO the old Jersey prison ship. Why Con.
gress, so long ago as 1871, in resolution, con-
veyed power precisely similar to this. In ma.
ny of the States there were not, at that time, |
any jails for the reception of the debtors Of the
United States; and that resolution authorized
the Marshal to hire temporary dwellings for the |
purpose of jails. The provision was precisely |
similar to that contained IN this bill.
He had thus gone over all the material provi.
sions of the bill, and he would most earnestly
submit TO the Senate, whether there could be any
well grounded fears on the subject OF the passage
Of this bill. 1t was not intended. as he said 10
the opening Of his remarks, an long as the judi.
cial legislation Of South Carolina could be met
by legislation and the Judiciary of the United
States, 10 resort to force. When the State should
assai the Custom House on land, we would re.
tire with it to the water. But when unlawful
and dangerous combinations put the peace Of the |
country in danger, the Executive is clothed with
the authority to put them down.
have been asked, continued Mr.. F., and | ,
regret that the reference has been made to me,
whether any Of the neishbo,ng States are likely
to take up The cause of South Carolina. The qurs.
ton was-would Virginia, or North Carolina, or
Georgia, send forth their militia on q call from
tho President of the limited Siates3 can antici.