Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-02-14

striking from tho first clon tho words "unIawf tire
and menacos the beginning the latter part of
the section authorizing the prevention and suppression OF
any armed or rioous assembage resisting the custom
house officers IN the exercise OF their duties which were
agreed To.
MIR. W. also moved to amend the second section by in
serng the word revenue, before the word laws in the
second aud third sections conne the remedies
provided by those SECTIONS TO property taken and
IN execution the laws only which as to-
Mr. W. also moved some other verbal amendments to
the bill, and the Milling the blanks together with AN adi-
onal section limiting the operation OF the law to the end
OF the session OF Congress- all of which was agreed to-
MIR. Forsyth moved strike out the third section of the
bl The effect OF the provision Of that section that all
actions commenced in the State Courts against an officer
tor acts done in execution OF the laws might be
removed into the United States Courts could not fail TO
be injurious The result would be- the plaintiff would
proceed III the State Court and the defendant i'm the Cir
cut Courts both proceedings ca Pdrte and woui result
IN contradictory judgments Cases could be tried in
that manner Ii in his view, quite sufficient if the
ultimate appellate jurisdiction preserved TO the Courts
OF the United States. Ii would he more for the
OF the officers for whose pote this provision was in
tended 10 their the Courts and rely nm
on The power which belonged to the Supreme Court OF
the United States, OF correcting iudgmeD
which might be rendered against them than TO take the
course provided for by this section of the bill.
Mr. Webster reg aed the section proposed 10 be struck
OUT containing The most important provision in the bill
Undoubtedly there might be contradictory Judgments
but would not be presumed that in the jurisdiction
over which had always been exercised the courts of the
United States that the State would proc ed after
process OF removal had been served. The remedy sug
gcSted by of would no prote lion
To the officer whose tried in the State court
There inrossiblity of having fair trial there
me facts are to be settled by jury-in the courts
OF South Carolina oath altogether inconsistent with
lair uial, was to be administered Jury writ of
error goes to matters OF law only. 1t Indispensable
to the proper protection OF the officer that he should have
an opportunity OF trying his case before tribunal in which
the laws OF the land gnzed He hoped the Sc
naor from Georgia MIR. Forsyth would re consider the
SUBJECT III should be rccolected that here was direct
conflict betw the two could not stand
together in the position in which they had placed
by the laws Of South Carolina. This government oiy
ky tso
This was much stronger than that which arose I'M
der the embargo and non intercourse laws
Mr. wilkins considered the provision of this section in
dspensaby necessary There precedents of similar
provisions, and the only question before the Senate
was as TO their expectancy in the present state of things
~ was Regarded as very lnvidious aud offensive pro-
ceedlng in several Of the Stdes-parcuarlv those of
.ne Souh' 10 appeal case from the highest tribunal of
the State Under the present circumstances il was i'm
possible to avoid collision between the two iuricion.
lhe least excepuonable provide for the re
moval OF cases before trial. Organized as the Courts M
South Carolina under the present laws an nari.
trial where the revenue laws involved was entirely
out OF The question: Was il not the best course to run the
FISK oil inc inconvenience which result from oubIe
trials than 10 hazard the ruin of officer by the trial in
The State Courts alone He considered the course provi
ded III ms section the most advisable OF any that had been
sAggested-it mas the most delicate the State Courts
ana Afforded the greatest security the officers of the 60
| Veinment.
Mr. Grundy said, it should be rccolected that in the
progress oil such trials those contemplated by this
uoh many questions upon hch the finding of the
jury was conclusive la the State courts there was M
mode by which the consequences of this could be a,oieJ
Would the Judge OF OF the State courts of Sou, e.
roina who had the notification oath SION b;n Of
exceptions which would raise the points for tho
protection OF the officer? lie presumed every hing for
tna' purpose would be kept Of the record which posi-
oy might be- This Stale OF things would produce great
INJURY TO tile rights OF the officer. He could moi give
bond aud appeal from the State courts to that of the Uni
.e" states wn OF error from the Supreme Courts was
ho SSdedS 10 Tie Judgment OF the State court when
ever cosion between the two Jurisdictions should happe
lie wished 1t might take the mdest course
Mr. Miller said, he had made oil lee ion 10 this Sec
a.
oi The defendant is sui Gle by the provisions of this sec
uo oenoIe prosecution from he State cour 10 those
OF Tie United States Suppose man is indie ed for muir
ger ia The Stale court and he falsely swears that he kill
cd he person III The execution OF the revenue laws The
case under tins section is carried the couri of the Unit
ca o'ae'' where Is found The hos no jurisdiction
In consequence oil The alsity the affidavit Will not The
e'' ain GL DC discharged viii out puni hmeu!
nr' OruHdy Not at eli. He will be remat ded for
hai IN The State Court, which may try him and hang n n,
IL they choose. 80 ~
Mt Forsy tn said, was obvious to every one b, mn
omcer d The government could have fair trial in the
Courts OF South Carolina for his official acts r., H.
provisions oil his section did cure the difficulty An
ocer Is indicted III Stale Court The case is removed
INTO the tcu Court ho would prosecute here in be-
hall oil the Saie re desired as an xousIv az nv gene
man present. 10 proec the fcer in the discharge OF his
-pdt he would do II, ii possible, in such manner
as would leave open loop-hole fer compaint Tbis
section would bring the two jurisdictions into immediate
ana direct Goblet. lie sposed 10 Dermi, h, no.
trines OF the Ordinance be Car led out He wonJ he
willing to see the feelings in of the impartial admin
SA ION Of justice which pervaded the bosom of everv
/ -. lin
by the oas TO be administered TO their Judges ami uror
MI Gay ton had regarded he provisions of This
as somewhat eXceptonable Very important copseonen
ces gh how from its pTovsi he was anxious for
lu'nei uhe LOT rehec upon them. He therefore
moved me senate adjourn which agreed to-
In the House Of Representatives various peons and
memorials were presented Mr.. Hubbard offered reso.
luton liking Thursday for the election of Printer far
the House Tor the 23d Congress which was aonted Tbe
resolution heretofore submitted by Mr. Boudin for the
printing oil $4,000 extra copies Of the Report of The Com
''ee on The judiciary, the subject of the
proceedings in South Carolina, was taken I'M MIR RouL
III INQUIRED MS resolution by substituting 10000 as the
huhoer OF extra copss proposed TO be printed debate
OF some interest ensued, in which essrs Bell Foster
DdmeL arnold, Ellsworth, Stewart and Coulter partici
Pated' Before the question taken the hour allotted
10 morning business expired. The bill making appro
Pauons Tor the naval service for the wear 1899 and
several private bills, passed The House re-
sumed the consideration of the Tariff bill MIR Dear.
porn (under the belief that no bill could he atur
Gu ms session, which would be acceptable TO a ma
Johy oil the House,) moved to lay the bill and amend.
menus on me table, which was negatved-yeas 81 NAYS
10 Mr. Drayon then moved re- commit the hill IN The
committee oil ways and Means, with instructions TO strike
Out all alter the enacng clause and insert that tho act NJ
anu thereafter the rates OF duty be reduced one third
MI. Mlckhhe offered substitute for Mr. Dravton, nro
Posion directing that bill should be reported based I'm
on me act OF 1887, and providing annual
as 10 'ea'e he rates OF duty generally, after 1910 AT 20
per cent MR. irwin moved TO amend Mr. Dravton's pro
Pohoh so as 10 cause bill to be reported reducing the
uueS under the act oflS32 after the I'd March 1871 at
"e rave OIL ~ per cent per annum, until the revenue s
reduced to the wants OF the Treasury Mr. W,rJ,yelI
aid on the table proposition or projet of hill which
ne gave notice he would move as an amendment
When IN order. Mr.. WAYNE then with n ,o,, H., ,Ln