Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-13

titon and affidavit, or Of the leaving the same a.
Aforesaid, the said Circuit Court stall have au'
thoritv to entertain jurisdiction Of SAID suit, or
and TO proceed therein, and 10 near
try, and determine the same: in like manner as
if the same had been originally cognizabie ana
instituted in such Circuit Court. And all at
tachnents made, aud all bail and other security
given upon such suit. or prosecution, shall be anu
continue in like force, aud effect, asif the same
suit, or prosecution, had proceeded I" hhai Juds'
ment and execution in the State Court. And II,
upon the removal Of any such suit, OF prosecu'
ton, it shall be made to appear TO the said CIR
cult Court that no copy of the record and pro-
ceedinss therein, in the State Court, can be OBJ.
tanned, it shalt be lawful for said Circuit Court
to allow and require the plaintiff to proceed de
nouo, and to file declaration Of his cause OF &C
ton, and the parties may thereupon proceed as
in actions originally brought in said Circuit
Court; and on failure Of so proceeding, judgment
of non pros, may be rendered against the plain
tiff with costs for the defendant"
Nj. Forsyth was aware, he said. that there
was precedent for the provisions Of this section;
but he objected to them rs injurious and unne-
cessary in application sto the state Of things 10
South Carolina. II Carolina persisted in her
course, the case in her Courts must GO on. and
both The State aud Federal Courts will therefore
proceed, cr parie. No cause can be fairly tried
when bath of The parties are not heard. Con-
hictins judgments will be rendered BY the Courts
at an carly day, one to be enforced by the Mar.
shall, aud the other by the sheriff. All the par
ties will be put to great cost and trouble. The
jurisdiction Of the U. States court vas sufficient
ly well secured in other respects, by the BILL
1t would be better, he thought. for the officers TO
carry the cause first, to the highest Court in the
State, and then appeal to the Federal Court, if
he do not obtain justice.
Mr.. Webster thought this the most important
provision Of the whole bill, as respects the protec-
ton Of the Federal officers. After the case had
been decided in the Courts Of South Carolina,
there Could be no writ OF error of the case tried.
It would be impossible to get any thing like
fir trial in court where the Jurors are sworn to
support the Ordinance; and the writ Of error
would only 90 on the law Of the case. We give
a chance to the officer to defend himself where
the authority Of the law was recognized If the
judgments of the State Court cOhhicted with
those of The Federal court, the right OF jurisdic-
ton must be tried. There was stronger reason
now in favor Of those provisions than there was
for stronger law than this which was created
during the existence of the non.intercou'se and
embargo acts He hoped the Senator from Geor-
sia would reconsider the motion.
Mr.. wilkins said this section was indispensa.
bly, necessary, and, BY the amendment just adupt-
ed, was applied to the revenue laws only. The
Committee thought this would be less offensive
mode of protecting the officers Of the government,
than to take an appeal from the solemn judgment
Of the highest State tribunal, which last course
had been particularly offensive 10 some States Of
the Union. The only question was, whether it
would be better to risk a collision between the
Federal and Stare Courts. leave the officers at
the mercy of the State tribunals, framed as they
are? If the State resisted the judgment Of the
Federal Courts, unpleasant consequences must
result; but if the State Courts are organized
that impartial jury trial IS out OF the question.
ne saw no prcpretv in leaving the officers whom
we empioy at their mercy. An appeal alter de.
cision by State Court would be Intellectual -
Even to ask leave to appeal is an offence punish
able by fine and imprisonment. Rather than ex-
pose a party 10 this penalty, or the unlimited
punishment for contempt Of Court, he would run
the risk of conflict Of jurisdiction.
Mr.. Grundy said. that in the prosecution and
suits against the officers, many other questions
might arise than those which are contempt ated
But the whole case would be shut out from the
Supreme Court when the appeal was made. -
That collision might arise between the two ju.
risdctions, was no argument against the measure;
tor, if collision must come, it might as well
come in this as any other form.
Adjourned.