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

it II only authorized the Courts Of tho United States 10
supply the want OF copy oil the record. IL intended
to obvale the difficulty which likely to arise from
the novel provisions contained in the Sh section Of the
Keplevln Law OF South Carolina, which makes il penal ia
The clerks TO furnish such record This provision did not
nedde with the penalty of the clerk Of the State Court
but eonented itself with providing 10 supply the
deficiency.
The fifth section authorizes tho employment Of military
oree uhuer extraordinary circumstances too powerful 10
overcome without such agency and to be preceded by the
Proclamation OF the President What he had already said
had reference also to this section of the BILL Ho would
now merely refer The Senate 10 precedens.
The hrs precedent which he would notice was TO be
found III the Act oil May 3D. 1902, vol q p. ISL repeal
ell by the Act OF Feb 81 1895 wing the power TO call
forth the mia which Act was still i'm (orce This law
grew out oil the Western lusurrecton in Penusy
Like the present bill, although it was merely intended to
meet mat eAgency, 1t framed continue force
so The OIL under consideration, although it had special
ference 10 Soh Carolina pointed not to her alone II the
opposition 10 the laws should extend ITSELF and the spirit OF
dsobedience exhibit ITSELF whether in the South or the
North the general principles of the bill would be equally
applicable Ii was an amendment of code of laws TO
winch the attention OF Congress had been called aud
which was rendered Immediately necessary by the pecu
idry OF our present situation.
he second pec, dent which he would invite the al
tcnion OF the Senate the Act OF the 81 OF March
1907 vol lis, "to suppress insure ions and obsruc.
tons TO the laws aud ''to cause The laws TO be duly
cued IL at set au horzed the Preside call out the
land ana naval trce TO suppress nsurecton These
were the oJrc's Tor which them as in the present BILL this
exrao binary power had b conferred.
Another precedent would be found ia the Act of Jan
y, lSO9, sec ii, vol L. p l9i TO enforce the embargo
and which gives the power TO employ the land aud naval
forces, in general terms to assist the custom house Off
cets Ihere was al that mot mt great excitement, al
though nothing like tue solemn position in which South
Carolina has now placed herself Yet it deemed ex.
pe'iient IL confer or the president this power
lie would now refer To The last precedent with nhich
he should trouble the Senate II 80 happened in the His
tory i Penn ylvama that that took from Virginia
strip OF land bordering on the Allegheny and Ohio rivers
here hoa
exercise Iursd cun Tor which she had openedthe titles
and where she had held her courts there arose an
recton This had been called the Western Instruction,
nu' IL was singular Tact thai confined 10 his
row STRIP oil land which Pennsylvania took from Virginia
The ires'ten' was then korized II out the Militia
OF INC Sthl@, because they not committed against
the Uhiei States, but were willing 10 oNey the call The
man TO whose nhne history parallel pu. himself
The head OF these troops qur the in-urrcction All
power was placed in lis hands ly tie of Nov. 81
1874 vol 2, p ijl and the President was authorized Ia
place in West tennsyv corps OF 250D men ei her
drafted or enlisted
The sixth section of the bill had reference to the repc
YIN law oil South Carolina, AMI justified and rendered
necessary by the 18th section OF that act which prohibited
any person from hiring permitting TO he used any
bmding to serve as Jail for the confinement of any per.
son committed Tor violation OF the revenue laws under
penalty oil being adjudged guilty of nSdemeanor and
hncd 1000 dollars and imprisoned for one year The
State law, therefore, closes all the Caos and BUILDINGS Of
South Carolina against prisoners held by process from tho
United States Tor refusal to yield obedience TO their
laws 1t was necessary therefore, that netting should
DC Tue case hlgh not he July by
ton OF Sd March, 1891 vol g p. 1885, and this section
merely incorporates that provision, without the nroduc
ton OF any novel principle.
The 18th and remaining section of the bill extends ,h
writ OF habeas corpus TO covered by existing
laws These laws do extend any other Than cases
OF confinement under the authority OF the United States
and when committed for trial before the United States
Courts, or are necessary testify He referred the Sc.
nate TO vol 2, g. TO the 18th section Of the judiciary
act The present section merely extended the privileges
oil that act which essential 10 the protection of the
liberties of citizens Ii tended the act 10 ca,es
OF imprisonment for executing the laws Of the United
States There would be nothing objection abe in this sec
ton il came in conflict with code Of law.
II citizen confined under the provisions of the Or
dinance OF the 9th November, 1892 he could have nc
remedy under the laws as they exist As all such
under the laws OF the State Of South Carolina
this section only extended the privileges of the writ of ha
beas corpus to meet those particular which had
originated in the present state of things.
He had now done, having fully attempted TO exptair
the which had induced him give his sanction "a
the bill. He should only only say, in addition that il il
the pleasure OF Congress TO enact this bill into law
he should most Ierveny pray that occasion might
occur TO require resort 10 its provisions was his de-
sire that the present bill, when it should become lay
might be rendered unnecessary by of the stale
happy tranquility which would the cement of our
Union, and might lie Tor 10 come without the
sy OF reference lis provi'ions sunberng in the libra.
res OF the lawyer and among the archives OF legislation
On motion OF Mr.. Poindexter the further consideration
OF the bill postponed until tomorrow and made the
special order for the day.
The Senate then into executiv business and after
wards adjourned.