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

erS; anos wpenever tsifs W eAe"s tos'
neeess.s, end propes 10 ths discharge u The
duty prescribed BY the Ceassisusion, IL vio-
late, the public trust, not less than II would
in tr.nscending ito proper hmiis. To refrain.
there(oee. iron The high sad solemn do
ties thus enjoined, however painful the per.
Torrance nsy be. and thereby, tsciily per.
nit the righ,fuI authority cf the Government
70 be coaiemoed, and its laws obssr,cted by
single state. would neither comport With its
own safety. nor the rights Of the great body
Of tho American people.
II being thus shown 20 be the duty Of the
Executive 70 execute the laws, by all consti.
tutional means, u remains to consider the ex-
tent Of those already at his disposal, and
what IL may be proper further to provide.
In the instructions Of the Secretary Of tie
Treasury TO the Collectors in South Carolina,
the provisions and regulations made BY the
act Of 1888, and also the 6ncs, penalties and
forfcitures for their enforcement, are particu-
larry detailed and explained. IL may be well
apprehcnded, however, that these prov isions
may prove inadequate To meet such an o.. n,
powerful, organized opposition. a. Is 10 be
commenced after the first Of February next.
Subsequently TO the date Of those instruc-
tons and 10 the passage Of the Ordinance, in
formation has been received from sources
| entitled 70 be relied on, that, owing TO the
popular excitement In the state, and the Of
feet OF the Ordinance, declaring the execu-
ton Of The revenue laws unlawful, a sufii-
Gent number OF persons, in whom confidence
might be placed, could not be induced 10 nc
cept the Office Of Inspectors, to oppose with
with any probability Of success the force
which will, no doubt, Be used when an at
tempt n made 20 remove vessels and esrgoes
from the custody Of the officers OF tho Gus
toms and indeed, that Il would be imprac-
IA aca In for rnlI ~. IL -
number Of Inspectors whom he may be au-
thorized to employ, 10 preserve the custody
against such an attempt.
The removal OF the Custom House from
Charleston to Castle Pinckney, was deemed
| measure OF necessary precaution and tho
the authority TO give that direction is not ques-
! toned, IL Is nevertheless apparent, that
similar precaution cannot be observed in re-
gard 70 the ports Of Georgetown and Beau
fort, each Of which, under the present laws,
remains port Of entry, and exposed TO the
Iobstructions meditated In that quarter.
In considering the best means Of avoiding
tons 90 the collection Of the revenue, and
tho consequences which may eusuc, it would
appear to be proper and necessary to enable
the officers OF the customs TO preserve the
custody of vessels and their cargocs, which
by the existing laws they are required 10
take, until the duties TO which they are liable
shall be paid or secured. The mode by which
Is contemplated to deprive them Of that
custody Is the process Of replevin and that Of
eaPias In rithtrHar, in the nature of n dis
tress from the State tribunals organized by
the Ordinance.
Against The proceeding in the nature Of
Distress, IL Is not perceived that the collector
can interpose any resistance whatever; and
against the process Of replevin authorized BY
The law OF the state, he, having no common
law power, can only oppose such inspectors
| ~ he Is by statute authorized, and may find il
PRACTICABLE to employ and these, from the
Information already adveFted 10, are shown TO
DO wholly inadequate. The respect which
that process deserves must therefore be con-
sidered.
IL the authorities Of South Carolina had
not obstructed the legitimate action Of the
Courts OF the United States, or IL they had
permitted tho state tribunals 10 administer the
law, according to their oath under the Con-
sti'ution, and the regulations Of the laws of
the Union, the General Government might
have been content 10 look to them for main
tanning the custody, and to encounter the
other inconveniences arising out Of the recent
proceedings. Even in that case, however.
the process Of repievin from the courts Of the
state would be irregular and unauthorized.
u hes been decided BY the Supreme Court of
the Unietd States that the Courts Of the u
nited States have exclusive jurisdiction
OF all seizures made on land or water for
breach Of the laws Of the United States and
any Intervention Of q state authority, which.
by taking the thing seized out of the hands OF
the United States officer, might obstruet the
exercise Of this jurisdiction, is unlawful
mat IN such case, the court OF the United
states having cogniZance Of the seizure NAV
enforce Te-delivery Of the thing by attach
ment or other summary process; that the
question under such seizure whether n for
feiture bns been actually incurred, belongs 10
the courts Of the United states, and Il de-
PeDds on The final decree whether the seizure
- to be deemed rightful or tortious; and that
not until the seizure be finally judged wrong
fui, and withoat probable csuse, by the courts
OF the United States, can the party proeeed
~ common Law for damages In the state courts.
But, BY making II unlawful for any of
the constituted authorities, whether Of the
United StDtes or OF the state, 10 enforce the
laws for the payment Of duties, and declaring
that oil Judicial proceedings which shall be
hereafter had In afirmance Of contracts made
with purpose % secure the duties imposed by
the said acts, are, and shall be, held utterly
Dull and void" she has, ia effect, abrogated
The judicial tribunals within her limits
IN gils respect has virtually denied the T.
hiied states access 90 the courts establish
ed by their own laws, aud declared il un-
lawful Tor The judges TO discharge those du-
,ies which they are sworn 20 perform. In
neu OF these, she has substituted those state
tribunals already adVerted 20 the indre.
whereof are not merely Forbidden 10 GLOW
an appeal, or permit a copy Of their record.
but are previously sworn TO disregard the
laws Of the Union, and enforce those only Of
south Carolina and, thus deprived of the
Junction essential 10 the judicial character
OF lDquiring into tho validity Of the Law and
the right Of the matter, become merely minis
terial instruments IN AID Of the concerted OBJ
atrucuon Of the laws Of the Union.
Neither the process nor authority of these
tribunals, thus constituted, can he respected
consistently with The supremacy Of the laws
o 81 the r'ghb and security of the citizen. nj
H. -