Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-19

collector can retain nus CUSTODY Win the ald OF
the inspectors. In such case it's true, IT would
BE- competent to issue suits in the United States
Courts against those engaged in the unlawful pro.
ceedins; or the property might be seized for a
violation Of the revenue laws and being libelIed
in the proper courts, an order might be made for
its delivery, which would be committed to the
in broad and unqualified term, makes it the du.
~ Of the sheriff Ito prevent such recapture
Or seizure, or to redeliverlhe goods, as the case
may be-" seven under any process, order,
or DEGREES, or other pretext, contrary to the
true intent and meaning Of the ordinance
aforesaid" 1t is thus made the duty Of the She
riff to oppose the process Of the courts Of the
United States,and for that purpose. il need be, TO
employ the whole power Of the country. And
the act expressly reserves to him all power,
which, independently OF its provisions, he could
have used. In this reservation it obviously con.
templates resort To other means than those par
ticularlv mentioned.
1t is not to be disguised, that the power which
il is thus enjoined upon the sheriff to employ, is
nothing less than the posse comitafus, in all the
rigor Of the ancient common law. This power,
though il may be used against unlawful resis
lance to judicial process, is in its character
furcible, and analogous to that conferred upon
the marsbals by the act of 1895. is, in fact,
the embodyng of the whole mass OF the popula-
tion, under the command Of single individual,
to accomplish bv their forcIble all what could
not be effected peaceably and by the ordinary
means. 1t may properly be said to be relct Of
those ages in which the laws could be defended.
rather by physical than moral force, and, in its
origin. conferred upon the sheriHs of Eng
land, TO enable them to defend their country
against any Of the kings enemies when they came
into the land, as we'll as for the purpose of exc
cutting process. la early and less civilized times,
it was intended to include &c the AID and attend
ance of all knights and others Sho were bound
TO have harness." [, includes the right Of going
with arms and military equipment, and embraces
larger classes and greater masses Of population
than can be compelled by the laws Of most Of the
States TO perform military duty. IL the princi
pies o. the common law are recognized in South
Carolina, iand from this act il would seem they
are) the power Of summoning the posse comiiatns
will compel, under the penalty at fine and i'm.
prisonment, every man over the age OF fifteen.
and able to travel, to turn out, at the call Of the
sheriff, and With such Weapons as may be neces-
sary; and it may justify beating. and even kill
ing. such as NAV resist. The use Of the posse
coniitaias is, therefore. direct application OF
force, ard cannot be otherwise regarded than as
the employ ment Of the whole militia force OF the
county, and in an equally efficient form, under a
different name. No proceeding which results
To this power, to the extent contemplated bv the
act, eau be properly denumlnated peaceable.
The act of South Carolina, however, does not
! RELY altogether upon this forcible remedy. For
essen attempting to resist or disobey-th0ush by
the aid only Of the ordinary officers Of the GUS
toms-the process of replevin. the collector and
all concerned are subjected to a farther proceed
ing, ID the nature of distress of their personal
effects, and are. moreover. made guilty Of a mis-
demcanOr. and liable to be- punished bv fine Of
not less than one thousand, nor more than five
thousand dollars, and to Imprisonment, not ex-
ceedinS two years, and not less than six months;
and Tor even attempting 10 execute the order OF
the court fer re-tak'ng the property, the marshal,
and all assisting. would be guilty Of INSIDE
meanor, and liable to fine, of not less than three
thousand dollars, nor more than ten thousand,
and to imprisonment, not exceeding two years,
nnr less than one; aud in case the gnuds should
be re-taken under such process, it Is made the
absolute duty of the sheriff to re.take them.
1t is not to be supposed that, in the face of
these penalties, aided by the powerful force of
/ the county. which would doubtless be brought to
sustain the State officers, either that the coilec.
tor would retain the custody Or that the marshal
could summon sufficient aid to retaSe the proper
tv. pursuant to the order, or other process of the
court.
Its, moreover, obvious that IN this conflict De-
tween the powers of the officers Of the United
States and of the State unless the latter be pas
sively submitted toy the destruction to which the
property of the officers Of the customs would be
expOsed, the commission Of actual violence, and
the loss Of lives. would be scarcely ayoidabIe.
Under these circumstances, and the provisions
of the acts of South Carolina, the execution of
the laws is rendered impractcable even through
the ordinary judicial tribunals of the United
States. There would certainly be fewer diff
culties and less opportunity Of actual collision
between the officers of the United States and Of
the State. and the collection of the revenue would
be more rHectualIy secured-if indeed it can be
done IN any other way-by placing the custom
house beyond the immediate power Of the county.
For this purpose it mighebe proper TO provide
that whenever, By any unlawful continuation or
obstruction in any State, or any port. it should
bee ONE impracticable faithfully to collect the