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

serve US from chaos.
REVENUE COLLECTION BILL.
The Senate, on Thursday, proceeded to consi.
der the bill to provide further for the collection
Of the duties on imports.
Mr. Miller occupied the floor until near o.
:lock. He replied to the various objections which
had been urged against the Ordinance. and the
course Of South Carolina, and justified both, as
we'll On the ground Of expediency as OF constltu.
tionallty. In reference to the test oath, he con-
sidered that an undue importance had been at
tached to that obligation. He quoted the vari'
GUS Oaths of allegiance to the States which were
administered in Massachusetts,, Vermont, Con-
nec,icut, North Carolina, Georgia, Tennessee,
and Kentucky, in order to show the practice
which generally prevailed OF swearing officers L"
submit themselves to the State Constitution. In
South Carolina, he stated that it had been always
the practice to administer this oath Of allegiance;
and the new oath was considered as proper to be
exacted, because the Fundamental law had been
changed lie DENIED that there was any inten-
ton on the part Of the authorities Of the State 10
pursue system Of prescription, or to remove
from office any citizens who faithfully performed
their duty But it vas not to be expected that
adversaries Would be appointed to Offices, any
more than it could be expected OF sovereign To
permit his enemy TO appoint his generals AMI Of.
hcers. The citizens Of South Carolina, he main
aine,l, were as much bound TO sustain the State
government against the United States, as the CT.
t,Zrns of the United States are bound to support
the FEDERAL Government against foreign enemy.
In trials concerning dueliIng and gambling, he
stated that the Jurors in South Carolina are al
ways sworn to decide according to the law, )"
% well as the evidence; and that it South Caro-
lima chose TO try without Jury at all, she had
right to do so, if she pleased. Mr.. NJ replied
to The various argument which had been urged by
the Senators from Pennsylvania, New Jersey.
Maine, and Delaware, and continued until he
was nearly exhausted, delivering his closing re-
maks in 50 low tone as 70 be completely maud.
ible.
Mr.. Wilkins moved the following amendments
to the bill. which we're severally agreed to:
In LIST section, line 4, strike out +" unlawful
threats and mruaces;" and after the word ''there-
Of" in line %. strike out the remainder Of the
section.
In section I'd. line IS, insert =" revenue" be-
fore the word law, SO as to read "under the au
thority of any revenue laws" amendments to cor.
respond with this we're made informally 10 the
other sections.
In the 5th section. line 4. strike out one Of the
District Judges, and insert i" any Judge Of any
Circuit or District Court" In line 10, strike
out - resist and"
Add new section to the bill. providing that
the act shall remain in furce until the end OF the
next session Of Congress-, and no longer.
Fill blanks in section Z, with s. l000," and
g two months. +"
Ga motion Of Mr.. Bib, the amendments were
ordered to be printed.
Mr.. Forsyth then moved to strike out the Sd
section as follows:
Sec. S. .andb it further enacted. That in any
case where suit or prosecution shall be commenc-
ed in court Of any State against any officer of
the United States. or other person., for or on ac-
count OF any act done under the laws Of the
Uni'ed States, or under color thereof, or for or
on account Of any right. authority, or title set
up or claimed by such officer, or other person,
under any la~ of the United States, it shall be
lawful for the defendant in such suit, or prosecu-
ton. at any time before trial, upon petition to
said Court. acting forth the nature Of said suit.
or prosecution, and verifying the said petition by
affidavit, which said petition and affidavit shall be
to said Court Or TO the clerk thereof,
or left at the Office of the said clerk, to remove
the said suit or prosecution to the Circuit Court
of the United States then next to be holden in the
district where the said suit, or prosecutions COM
and. thereupon, it shall be the duty Of
the said State Court to stay all further proceedings
therein, and the said suit of prosecution, upon |
Of said petition, or affidavit, or leav.
ing the same as aforesaid, shall be deemed and ,
taken to be removed into the said Circuit Court,
md any further proceedings, trial, or judgment
herein, in the said State Court, shall be wholly I
null and void; and on proof being made to the
laid Circuit Court Of the presentment Of said pc.