Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1833-01-31


on the sheriff. Of England, TO enable them to Dr.
frnd the ir country against any Of the Kings enc
mics. when they came into the Land m well as Tor
the purpose OF executing process. In carly and
less civilized times IL Vas intendcd TO include the
q" aid and attendance Of all knights aud others
vho we're bound To have harness." Il include.
the right of going With arms aud military equip
ments, and embraces larger classes and greater
masses OF population than can be compelled, BY
The laas OF most OF the States 10 perform miiitis
duty. IL the principles Of the common Law arc
recognized in South Carolina, land, from this net
u would seem they arc, the powers Of summon
ing the posse conffsdtns will compel, under the
penalty OF zine and imprisonment, every man over
the age OF fifteen, and able TO travel Go turn out al
the call OF the sheriff, and with such weapons as
shall be necessary; and IL may justify beating,
and even killing, such as may resist The use of
TIE posse eennfdiUs is, therefore, direct appirs-
tion Ct force, aud cannot be otiicrv isc regarded
than rs the employ ment Of the whole militia force
OF The county, aud in mn equally efficient FORM
under different name. No proceeding which
resorts To this poS er, to the extent eontcmpl.ted
" the aei, can he properly denominatcd pcaeea-
The act Of South Carolina, however, does no,
rely altogether upon this forc,bie remedy For
even attempting To resist or disobey-thouRh by
the aid only VI the ordinary officers Of the Gus
toms-the process OF replcyin, the collector and
All concerned are subjected 90 further proceed
sg IN the nature Of distress Of their personal
elects, and are, moreover. made guilty OF mis-
demeanor, and liable 60 be punished by fne Of
mol less than ono thousand, nor more thmn r. We
Thousand dollars, and TO imprisonment not rx-
cceding two years, nor less than six months, and
ior even attempting 20 execute the orders Of the
court Tor rctak'ng the property, the marshal, and
all assisting. would be guilty Of = misdemeanor,
SUI be liable Co fine Of not less than three thou
sand dollars, nor more than ten thousand, and 20
Imprisonment, not exceeding tao years, nor less
IMAM ciiei snd IN case thc goods should be rcta-
Ken under such process, il is made the absolute
duty OF the sheriff TO reiake them.
IL ~ mott TO be supposed, that in the face Of these
penalties, aided by the powerful force Of the
county, which would doubtless be brought to sus-
tain Vie State officers, either that the collector
could retain the custody ia the rst Instance or
That the marshal could summon sufficient aid 20
re , 'he property, pursuant TO the order or
other process of the court.
IL -, moreover, obvious, that. In this confl;c,
between the poversof the officers of the United
States and of the State, (unlcss the latter be pas
S'eiy submitted In, 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 avoidabIe.
Under these circumstances, and the pro,ision,
OF the sets OF South Carolina, the execution Of
The iavsis rendered impraelicahle, eten through
the ordinary judicial tribunals Of the United
S,a'ea here would certainly be fewer difficult
ues' and less opportunity Of actual collision be-
tween the officers Of the United States and Of the
state, and the collection Of the revenue would IN,
more efieennliy seeured-if itdced. IL can be
done 20 any other wsy-by plscing the custom
house beyond the immediate power Of the eoun-
w.
For this purpose. il nigh, be- proper TO provide
mat. whenever, BY shy Unlawful combination: or
OF oos,ruetion, In any state, or Ia any norf n,
should become imprnctirable fsi,hfully 90 collect
The duties, the President OF the United Statrs
snould DC authorized TO alter aud abolish such of
and NafNann AI -
eessary, aud to establish tie custom house =, som
secure place within the same port or hsrbor OF
such state; and, in such cases, IL SHOULD be an,
duty OF the collector 10 reside st such place. aud
20 1etHin all vessels and eargoes until The duties
imposed by Law be properly secured. or Maid h,
cash, deducting iutercss; that In such 800 4,
should he uniaHful To take the vessel aud cargo
from the custody or the proper officer OF the Gus
toms, unless by process from the ordinary i,,,Ii-
eiAi tribunals OF the United States; aud That in
ease at an attempt otherwise TO take the prouc,t,
by ioree too great 20 be overcome by the officer.
OF the customs u should be lawful 10 pro,ert the
poasessi1n o. the officers by the etnnjoytnent of
'ne land End naval forces and militia. under nrc
visions similar to those authorized by tic iitl,
'es,Ion OF the act Of the 9Th Of January. 1859.
his provision, however. will mol shield the
officers aud citizens of the United State cir,
under TIC laws, from suits and prosecutions ia the
tribunals OF the State Nhieh might th,vyaf,,.r h.
brought against ,hemi nor would " protect their
WuPcIy from the proceeding by distress: aud u
may well be apprebcndes that u would b.. ineo;
cent 70 ensure proper respect to the process If
he constitutional tribunals IN prosreuffoas for ~
fences against the United States. and To urc,,e,
VIC authorities Of the United States, whether ;u
oeiA' OF ministerial IN The performance Of a., IT.
nu'y' " would, moreover, BE- Inadequate 60 81
tend the protection due from the G,ovrrnu,.ut A.,
that portion Of The p~oplc Of Sonth C.rol,u.. a.
Esihsa outrage asd oppression Of any kind, Who
may mabiit u their attachment aud Weld ohedi-
enee Go the LAYS of the Union.
u may, therrfurc, BE- desirnbI. 20 revive. Witl,
sothe inooiheHuons better adapted 10 tho oeession
the 9th section Of the set Of the "A a Nf.r.b
1915 which expired on the Stir of Msrsb. IsIT
ny TIE Limitation oi thst of 9th u April. tsI6.
aud 10 provide that, Ia any ease where ,,t sbsli
De Drought agnlna sny individual 10 the lourts ~
We nsie Tor any act done undeF il,e LAYS Of the
y nHea states, be should be sathOriscd a. rrn,n,e
w siia raurc. b. petition into the Circuit Cfrt
% the Uniied Statcs, atheist unV eot,V N IN 81,
eord, hnd that that Court sl.ould proeees 90 hear
Ana netsTsuiDc che same, ~ " " bed hrsp orivj-
taiy instituted ihrrUin; and that, in 80 eases Of
'yt'les 70 the pertOns or property u indtsiduals
49, ssuer the lass Of che United Ststes, Zoe
nsoesatenee 70 the 0rtitnaaee and La. az ss,.,th
Csrnsha' " performances thCreof. trsl,ss. nav g.
,oiigh 90 The Courts a. the United ss,,e,
y H'ss b. sSDedieHs, slso, b. ulodif,ino A. 90.
.oiution 81 tie 81 March, 1905, 10 s,,he,,tze a.,
70 make The Heeessary provisions for the
-AetpinB % prsoncFa committed uad~r a..
Authority q ihe Onited statsA 1'''' "'e
Provisions Ices than fhese, enasisfiev .. H.
ioF " Haosi psrt. Fstiser ~ rev,vul a. a.
pohey - iorsner ssts called for ~ the eri,,,,,
gensy, than Of iiio in,rOdustiou a. sny wns,
$500. s,s0,,o',' epaetsncHis, woaiti not raase y
,"s enioa - b. pFoperly rrspseted std
etiogeed Y y believed i.rs- us,uls ,,s,,. -.
5u-.s, ghies' the military forces az * STA, n
e'..a Crroi'f., aiIihoriseti - f- late sst al n
- '.,siere, s.o'dd ~ setasily embedded -
-.'ea 80 - 40 q u.eiv PFosesdigs, asd a M,
hai sass, hosesef d o. bslier.d thss ", y =,
usfes.,fy fhsn = feu modification a a. 49,
% a'aP' M 80 u i7B5 18th pscsens ,forrvs,s,