Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-07

states vote Tor Andrew Jacksonl With view 10 this
question. Fer this provision in the law there pre-
ceden 10 which he would refer. The OF 9th January
1899, ll3, VOL 4. 1915, enforce the embargo
sc. The 2d section OF the bill extends the jurisdiction of
the Circuit Courts in IL gives the light 10
sue In these Courts Tor any injury incurred by officers
while engaged under the laws OF Congress in the cocc
ton OF duties Imports II declares that property taken
under the authority OF the laws OF tie u y shall be H.
repev be- and only subject the ana DEGREES OF
The U Saes; and it gives the penalty Tor the rescue
te property is prescribed by the sct OF 30 Ap,il
1900, %, vol 2 p. rs The provision. OF that law
make thu penal not exceed 300 dollars, ard nprsu
men or three hs. This ,eci had two obi cts i'm
deral Counts aud second. provides that they shall not
be dispo-se'sed OF properly seized by them under the
laws o the General Go ernmen without the authority OF
the Courts OF the Unite States. The object of this sec
ton is to legisa lou by legislation. There l. moth
ing III this provision shocking harsh.
Tit laws of South Carolina made TO enforce the or,,
nance harsh and oppressive bcy ond any of the euda
laws Under the replevin act of South Carolina the goods
are FIRST seized, ii they given up the return
made, and cdpds ia tUtherBan issues; there is then
suit IN back the duties the Custom House Officer
cannot remove the suit to any other court Judges
and jurors who 10 decide the case, under oath
support the Ordinance. For this misdemcanor the Off
GERS subjected TO fine OF 500 dollars and two years
imprisonment And they are liable TO have their own
property to double the amount OF the goods SEIZED akeu
and Carried away. Every professional man knows to
what cases repevn law is usually confined. 1t views
Tie Custom-HouSc officer, while dischargng his duty
espa>scr If the rcplevin is not obeyed the inerne
ddte enquiry which the Common Law provides is dis
cardc and writ of reprsal issues II is not left discre
onary with the Sheriff take enough to satisfy the de-
mand but he is bound TO take double the amount There
is no danger that this part of the law be execu
ted, Tor no one person will have property enough for
Tremendous grasp The goods are taken finally from
The custom house officer and carried Off and il
to recapiure them, he is liable to fine oil $4,000, and
years imprisonment No such indictment is subject to
traverse; that is the accused shall he shall
not deny the facts alleged lie shall plead not gull
y This the technical effect OF refusing traverse
But can the word be taken in that South Carolina
Perhaps the word used i'll the Ordinance, has mean
ing peculiar TO the South.
| Mr.. Miller planned The word had a peculiar mean
ing in South Carolina. At the first Court, the accused
could traverse, but he had right continue the actor
The Ordinance denied the right the accused TO CONT
nue. the case after the first erm except Tor sowh
The Ordinance in creating this msd cmeanor merely al
plies TO the legal forms, which, ia that State, apply
msieneanOrs
Mr.. wilkins. 1t was apparent that the Constitution of
the Courts III South Carolina makes it necessary 10 give
the revenue officers the right sue la the Federal
Courts Ii not intended restrict this right to any
amount in controversy citizens OF other States Ii
falls under the clause of the Constitution which wives in
rlsdctOn TO the u States Courts in all arising under
the Constitutions Treaties and laws of the United States
lie would put case in few words: Suppose the Col
lectoro the port OF South Carolina is prosecuted He is
carried to prison. or the cdpidS an Difhern0m is issued
against him. His property is carried of and sold. The
case comes before the Stale Courts He FORTH that
under the laws OF the United States he was Obliged TO do
ms duy-On the other side il is said that the laws of the
United States had been nuilded, and the State laws had
taken their place Out this issue snngs case urovi
dcd for by the bill But objected thai the case will
arise under the State law But shape which way you
may the case arises out OF The laws of the United States
and the Judicial power extends all aud
equity II ought TO be There ought 10 b. judicial
power co,extcnsve with the power OF legislation and
co-eXtenSve executive power. Without this co.exicn-
sive power legislation would be useless in govern
me"t Neither domestic tranquility, uniformity OF
! rules and decisions, can be secured witloHti.
III may be said, Continued Mr.. w :. that this way YOU
overurn Safe legislation, and that they ought give
their own direction to State controversies So they may
but let them ia collision with the Constitution
aud laws OF the Union In every controversy within any
State arising under State law, coming collision with
the Constitution or with law of the United States the
hat
sell too much exhausted 10 read which he
desired to call the attention OF the Senate But he
10 content himself with reference the of
Martin VS. Hunters lessee, in LIST Wheaton, p 3O1 and
the of Coens the State Of Virginia 9Th Wheaton
POI, where this point had been decided IL appellate
jurisdiction be given, the original could desired
All the residuum OF jurisdiction remaining after the orig
nal jurisdiction given in specified the Supreme
Court might be exercised in any way by the Inferior
Courts that Congress mig ht direct
These observations applicable 10 the third section
oe b winch also provides for the extension OF judicial
jurisdiction, by allowing the party officer of the United
States sued in the States for executing the laws of
the Union, TO remore the the Circuit Court. 1t
gives the right 10 at any time before trial. but
alter Judgment had been given, and thus affects in
the dignity OF the State tribunals. Whether in criminal
or in civil cases, gives this right OF removal Has Com
SeSs 'hlS lower In criminal cases! He would
the question in the affirmative Congress has the power
TO give this right in criminals well in civil cases. be-
the section the third article of the
tuon speaks of call in law and equity" and these
comprehensive all. lie referred 10 the case
Of Matthews vs. Zane, 4th Cranch, page 3s2, which de-
I ~
their State court claim title under same act Of Con-
gres the Supreme Court has appellate jurisdictions
revise and correct the decision of that court.
This decision was founded upon the principle that the
81 act al the constitution, considered in connect with
The Judiciary act of 80, would give extern
sve construction than II Hertcd; aud that the great OBJ
iect TO render uniform the construction Of the
the u States, aad decisions under them upon the rights
individuals and in such il entirely mmatc rial
/ that both parties citizens of the same State
1t was admitted by Mr Harper counsel Tor defendant in
that the exercise Of jurisdiction in case would
he undOubed IL to maintain the authority Of the dJOs
Of the United states, against croachments of the State
authorities.
The clause in the constitution which he had advert
ed refers TO The character of the controversy without re-
gard to tue PARTIES the particular form of the action
he Object OF the suit, and the tribunal determined
the jurisdiction Was il TO try the validity of of
Congress- That question determined the iurisdction-
Was TO Try any indictment for treason That question
determined the jurisdiction IT necessary that
this jurisdiction should be extended over criminal than
civil Ii IL admitted that the Federal
Judiciary had jurisdiction criminal cases, then was
nullhcalion ratified and sealed forever for State would
have nothing TO do than to declare felo.
ny Hisdomeanor to nullify all the laws of the
Union There were numerous neutrality-suspicious. PEE
cuar TO particular States which, under any other vie
would throw all jurisdiction into the State tribunals.
lie would put the Southern gentlemen by
way Of illustration. Ii which they would feel
disposed 10 resent and which he felt repugnance
TO refers but he would take it illustrative OF the op-
MONS he had thrown out. There found in the
constitutions clause which gives the right the owner
OF slave to pursue him from State another and IA
take him wherever he may find him. Now it was known
that there was in States strong feeling on this sub
ec and that particularly this sensibity 10 be found
in a Don srlUas, 1.-Wa