Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-03-13

bill reported by the Committee of Ways and Means,
it will tend more efectualy to ALLY the excited feel
ing of the South, to arrest the cribs with which we
are threatened, and to restore harmony to once
Union, than any provisions which could be adopted
for the removal of customhouses clothing the courts
with additional powers, invasion by the fleets and
armies. But should Congress still refuse to yield to
the complaints and remonstrances of the South 1;
should that feeling of kindness aud Cancellation in
dspensibe to the preservation of the great confcder
acy cease to cxertts influence and should the laws
now in force, together with the provisions contained
in the bill herewith reported, be evaded, success
fully resisted by the State of South Carolina, then,
and not till then, in the opinion Of your committee,
will be time for the Representatives OF the Amer-
caa people TO consider and decide that most delicate
and deeply interesting question--the right OIL the
Federal Government to reduce of the sovereign
members of the Union to obedience toitlaws by mil
itary force-a power, left it be remembered, that
was several times proposed to be given in the for
nation of the Federal Constitution, but never con-
| icrred
! The Committee have made no provision for the re-
moval Of custom houses and exaction of cash duties,
suggested by the President Such regulations, es-
pecially the latter they conceive wouldbe in violation
OF those clauses Of the constitution, which declare,
that sa duties mposts and excuses, shall 6cunJo1a
troughout the United States" and that .'no prefer
ence shall be given by any regulation of commerce
revenue, to the ports of State those ofan
other.' To require the duties goods brought in
to the ports of one State to be paid in cash. and to
allow credit upon those imported into the Others,
would be entirely at variance with that uniformity
thus required by the Constitution, and must give
decided advantageto those ports where the credit
system prevails, over those where cash payments are
enforced. 1t would do more it would be virtually
denying to citizens of State privileges which are
enjoyed by those of another. The merchant at
lCharIeston must pay the custom house duties re-
ceiving his goods while the merchant at Savannah
is allowed credit of from three to twelve months.
Is this uniformity? Do those merchants ENJOY equal
privileges?
! The objection is attempted to be obvated by al
lowing deduction Of the interest, when the duties
are required to be paid in cash. But where is the
merchant who would be willing TO such arrang-
ment! Where is the man engaged in trade who is
content with profit of six per cent. on his capital
If there be indeed no difference between the present
system OF credit and cash payments, with deduction
of six per cent. why does not Congress at abo
ish the former, and avoid not only the expense and
ltrouble, and litigation occasoned by the non-pay-
ment OF custom house bonds, but the Govern
mcnt against the immense losses annually, almost
daily, occurring by the failures of importing mer-
chants, and their securities! The Committee doubt
whether the importing merchants would consent to
pay cash duties, if they offered deduction OF
double the legal interest Indeed, there can be but
little doubt that many Of the merchants even of
Charleston, would land their goods at Savannah,
and incur the expense, Inconvenience, and idditien
al hazard of re-shppng them, rather than be subject
led to the payment of the duties in cash. Assurediy,
4
to which of these ports they would, under these cir
cumsances order their goods Is it not perfectly OBJ
vous, then, that by this CIRCULATION Of revenue,''
Congress would present strong inducements for the
landing OF goods at Savannah, in preference toI
Charleston, and thus give decided advantage toi
the one port over the other! And can any one be-
leye that if such regulation were established and
long maintained, thatt would not efectuay ruin
the trade Of Charleston as though that port were
blockaded and the entrance of merchant vessels en-
tirely prohibited!
But, it may be sad that these regulations are gen.
eral, that particular State namcd tina: if they
apply to South Carolina it is in consequence of her
own act, and that they will be equally applicable to
any other State which shall assume the attitude
The plain answer to this argument is that the Con-
stitution has not given to Congress the power to
make such distinctions under such circumstances,
or under any circumstances: the provisions of the
Constitution nre broad general, and unqualified.
Admitting however, for moment, the power in
Iquetion to exist, the committee of opinion that
the exercise OF it in the manner proposed, would
operate with peculiar injustice. There are, it is
well understood, number of merchants of Charles
ton who notwithstanding the ordinance of South /
Carolina, will continue to import their goods into
that port, give their bonds and pay them as hereto
fore. Now, would it not be contrary to the 4
very spirit and genius of government, that
on account of the acts Of the STATE authorities,
even OF the great body Of the State these individuals
should be deprived of privileges secured to the cit
These considerations are, with your committee con-
elusive against the proposition for the exaction of
cash duties; and as the removal of the custom
houses seems to have been chiefly introduced to
der that measure the more effectual the committee
consider it entirely unnecessary to provide for such
removals.
The committee have not deemed it necessary to
enter into many of the important questions present.
ed BY the documents which have been referred to
them. They have confined themselves mure partiou-
larry to the suggestions Of the President as to the
alterations and notifications necessary for more ef- Ii
fectually securing the collection of the revenue and
they have considered it due to themselves and to the
House, well to the high source from which these
suggestions proceed, to state the considerations by
which they have been governed inreporting the bill
which is here with submitted.
BILL.
More eiectually providing for theexecution of Rev
venue Laws in certain cases, and for other pur-
poses
BE 1t enacted by the Senate and House Of Repre-
sentatires Of the United States Of America in Con-
gress assembled That whenever any civil suit shall
be commenced in any State court against any col |
lector, surveyor, inspector, other officer of the
custom house or any revenue officer, any person
aiding assisting them, in the execution of the du-
ties of their office, and for account of any act
done or omitted to be done, under the laws Of the
United States it shall, and may be lawful for the
defendant defendants in such ait, to apply by nc
tition, to the judge of the United States circuit
court for the district in which sads NAV be brought
setting forth the nature and cause oftheiaid suit ac
companied with certified copy Of the record If the
mo can bn nrncured and ;f NOT STATING hv otEdr