Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-02-01
CONGRESS.

In the Senate on tuesday, MR. WILKINS Cou'
cluded his speech, commenced the day before. as
follOws:- :.
He would pass to the consideration OF the pro-
visions in the bill. The first section of the bill
contains provisions which are preventive and
peaceful. Mr.. w then read from the first Sec
ton of the bill, as follows:
SC Be IL enacted, &C., That whenever, by rea-
SON Of unlawful distractions, combinations, or
assembages of persons, or unlawful threats or
menaces against officers of the United States, 1t
shall become impracticable, in Unemployment OF the
President, tn execute the revenue laws, and col
ect the duties on imports in the ordinary way IN
any collection district, it shall and may be lawful
for the President to direct that the custom house
for such district be established and kept in any
secure place within some port or harbor of such
district, either upon land Or on board any YES
Sell" &c.
Ii enioins forbearance on the Executive, add
gives him power to remove the custom house To
secure place, where the duties may he collected.
1t leaves the ports and districts as they now are,
open for the commercial convenience OF the good
people of the State; and even the custom houses
would not be taken from the port or harbor where
they now are. Our object in removing the Gus
tom house, is to prevent all collision if possible.
The words threats and menaces," do not run
through the residue o! the section. The power
given in this clause is now new; the clause is sim
ply declaratory Of the existing law, as it has been
held by our courts; for it has been decided, that
where it is Impossible 10 culect the duties, the
officers of the customs may remove the custom
house.
The next paragraph provides for the cash pay
ment of duties under circumstances which rem
der it impossible to collect the duties in the ordi-
nary wav. We have already abolished the Gre
4. ta,u
ries out the system farther. Why should The
practice Of taking bonds be persisted 10 when
they say they are not bound to pay the bonds
Ii Is a morkerv to take bonds when the Cnnsti
tuition and the law release the people bound from
the. obligation of the bonds Suits must bc
brought to enforce the payment Of the bonds, and
the authority Of the State and Federal tribunals
would thereby be brought into conflict, which con.
fict the Bill sought 10 avoid. The 62d section
of the act of the 2d March. 1899, refuses credit
to merchants who have refused to pay their bonds.
The same principle is applied TO the present case,
where people are combined to prevent The pay
ment of bonds.
The third and remaining exisency prov ihed
for in this first section, Is the authority to employ
the land or naval forces, militia. This provi
sion is entirely defensive. Ii merely confirms the
authority Tor the protection 0t the custom house
and revenue officers. The simple question is
do you require obedience to the laws? How can
make the people Of South Carolina pay the
duties? The custom house offl ers are not suffi
ciently numerous to enforce obedience to the
laws: pains. penalties. indictments, all hang over
the head OF hat nan who is bold raough TO exact
pay ment. The Legislature fmbids the enforce,
men; of the law; and he who attempts to enforce
il must suffer the penalty uf the Law a. surely a,
he is convicted Of the offence. The Marshal, in
thi, stage ct the business, cannot iDierpose.
The militia cannot he called Uut, TOR the best
son M the world, that they are committed IN
support Of the other side oi the question Now
what is To be done? 1t is the duty OF the Presi-
dent to take that the laws shall be executed.
tie Is invested with the power by the Constiru
ton, and The public hold him responsible for its
exercise You can vest the power where else.
The first section Of 'hs I'd Article of the Con9tl-
| futon invests the resident with the % Execu.
tive power," and he is required to take an oath
faithfully to execute the office and preserve the
Constitution. The second section of the same
article makes him the commander-in-chief of the
army and navy Of the United States, and of the
militia, when called into actual service. The on.
" question isis it nece Ssary to give these means
to enfurce the laws. If we intend to enforce ODE
deuce to the laws, these power. must be given.
and no where can they be cons,itulionally lodged
but IN the President.
The Cd section Of the bill extends the iurisdic.
ton Of the Circuit Courts in revenue cases. 1t
gives the right to sue IN these Courts for any in
jury incurred by officers, whilst engaged under
the laws OF Congress in the collection OF duties
on imports. II declares that property taken un-
der the authority of the laws of the U. S. shall
be irrepleviabie, and only subject to the order
and DEGREES OF the U. States; and it gives the
penalty for the rescae Of the property as is pre-
scribed BY the act Of sO,b April, 1899, Sec 20,
vol. 2. p. 95. The provisions of that law make
the penalty not to exceed 500 dollars and impri-
sonment Tor three months. This section has two
objects in view: 6rst it gives power to the offi.
GERS to sue in the Federal Courts; and sccnnd. I
it provides that they shall not be dispossessed Of
property seized by them under the laws of the
General Government, without the authority of
the Courts Of the United States. The object of
this section is to meet Legislation by legislation
There is nothing in this provision shocking or
harsh.