The Arkansas advocate., 1833-02-27

-Statc, be, haVtng no common law pow or. ca., only ans,se sarh insneciors as h. is.by statute authorized and may ind i practicable to employ; and these, from the information already adscrted to, are shown b be wholly inadequate. Tne respect which that process deserves must therefore be considered.
 !. tic r,,itssssttfts os South Carolina hal not oi,strncted the legitimate action of the Courts of the United States, or if tsaey had permitted the Slate trihu- nals to administer the law according to their oath under the Consultation, aud the regulations of the laws of the Union, the General Government might have been content to look te them for ,nain- taining the custody, and to encounter the otoer iaconveniences arising out Of the recent proceedings Even ifl that Case, however. the process Of iepfevin from the Courts of the State would be irregular and naauthorized. IL has been d .cided by the Supreme Court of tue U5ited States. that the Gearis of the United States havc exclusive jursdic= tiaa of all seizures made on laud or va ter fora hreaeil of the laws oi the nit ed States; aud any Intervention of q 5 ,te authority, which, by taking the thing seized out of the hands of the Uisiiseei Uisiisseei SSiiff;tes' officer, might elszffaet the exercise of this jurisdiction: Is un- lagiui: that, in such case, the court oi the Ulited States having ceeniEaace of. the srizure, nay enforce redelisery of. tie thing by attacrncnt os ether s1as msr, process; taat the question endeF saea ssizgre whether forfeiture has -e sssna!iy incurred. belongs exclu- ssXelY ts t3e eonrts Of tho United States, a9i . depends on the final decree v.lsfaus fna seizure Js 10 be deemed Tiaallal er tortious; and not until the saizare he finaiiy judged wrongful, and xstapnt nrobable canse, by the courts of tttic Uaiird States, can tise party pro. ceed at common law for damages in the sState Courts.
 Bat, by making it ssunlawful for any of the constituted authorities, whether of the United States or of the State, to enforce the laws for the payment of du- ties, and declaring that all judicial pro- ceedings which shall be hereafter had in s.lirmance of contracts made with pur- pose to secure the duties imposed by the said acts, are, and stall be, held utterly null and void,a she has, in effect, abro- gafei the iusiiciai tribunals within her limits in this respect; has virtually de- nled the United States access to the courts established by their own laws, ani declared it unlawful for the judges to discharge those duties which they are sworn to perform. In lieu ol these, she has substituted those State tribunals already diverted to; the judges where of are not merely forbidden 10 allow an appeal, orpernit copy ef tAeis re- cord, but are previously swefn to dis regard the laws of the Union. and en. force those only of South Carolina; and. thas deprived of the function essential to the judicial character, of inguiring into the validity of the law and the right of the matter, become merely rninisteri instruments in aid of the con .certed obstruction of the laws of the Union.
 Neither the process nor authority of these tribunals thus constituted, can be respected consistently with the supre- macy of the laws or the right and secu- sity of the citizen. If they De submi.- ted to, tine protection due frem the go vcrnment to its officers and citizen. Is withheld, and there is at once an end not oAls to the laws but 10 the Union itself.
 Against such a force as the sheriff may, and which, by the replevin act of South Carolina, Il is his dutyto exercise, # cannot be expected that a collector can retain his custody viii, he is! 6. the inspectors. In such case, u Is true, 1t would be competent to institute suits in the United States courts against those engaged in the unlawful proceeding; or the property might be seized for vi- sotation of the revenue laws. and being lihellcd in the proper courts, aA efder might he made for is re delivery which would be committed to the marshal for execution. But in that case the 4th sectional the act, in broad and unaaali- he'd terms, makes 1t the duty of the sher- psnvantsuch recapture orseizurc, eA es.var' fhe goods, as the case may ae snasier any process, order or aeA, aT other pretexi contrary to the SFas intent and meaning of the ordi- uaase ataresaid.' It is thus made the ef ii,e sheriff tooppose the process of the conrts of the United States, and for that purpose, if need be, to employ the whole power of the country: and the act expressly reserves tohim all pow CT, which, independentlY Of it's proYis.