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

oeed 10 organize separate government. and
10 ali oliicr acts and things which sovereign
ana independent states may OF right do"
ms solemn pronunciation OF the laws and
authority Of the United States has been fol-
lowed oy series of acts on the part Of the
authorities oil that state, which manifest N
determination To render inevitable resort 10
those measures OF selfdcience which the
paramount duty Of tho Federal Government
requires, but upon the adoption Of which tina,
state VIII proceed 10 execute the purpose IL
has a'owci in this ordinancc-of withdraw
ins from the Union
On The 18th OF November, the Legislature
assembled 1t Columbia and, on their meet
ing, The Govcrnor laid beiure them the Ordi
nance CT Vac Convention. In his message q.
that occasion, hr acquaints them that this
ordnance has become a part Of the fonda
mental law Of South Carolina a" that &" the
die mas been at last east, and South Carolina
mas nj length appealed To her Interior soyc-
reisnty as member of this couicdcracy, and
has planted herself ON her reserved rights
inc rish'iui exercise at this power is not the
question which VIC shall any longer argue
u Is sufficient that she has wilied II, and that
The act - done nor - its strict compatibility
with cur constitutional obligation to all laws
passed by the General Government, within
the authorized grants Of power, TO be drawn
IN question, when this interposition is exert
ed ia a case ia which the compact, ha, been
paipab.y, deliberately, and dangerously yio-
lated. That Il brings up n couiuncture of
oeep and noncntcus interests is neither In he
eonceaicd cor denied. This crisis presents n
Grass oil duties which is rcfcrable To your
selves. You have been commanded by the
IeoPie, IN their highest sovereignty, to take
care, that. with the limits Of this state. their
shall nhnveI
'ahon," he says, (which you have TO en-
ploy at tins crisis, IL tho precise amount of
such cna"tments as may he necessary TO rem
der Il utterly impossible TO collect within our
limits the duties imposed by the protective
tariffs thus uulliicd." He proceeds: That
you should arm every citizen with a civil pro-
cess, by which he may claim, if he plcascs. n
restitution OF his goods, seized under the ex-
istinS inPosts, on his giving security 10 abide
TIE Issue OF a suit at law, and, al the same
time, define what shall constitute treason A.
galnst The state and, nv bill Of pains and
penalties, compel obedience and punish DISC
ocdIencc TO your own laws, are points too
obvious TO require any discussion. In one
word, you must survey the whole ground =
You must look 10 and provide for all possible
contingencies. In your own limits, your own
Courts ofJudicaturc must hot only be supre me.
out you must look TO the ultimate issue OF
any conflict of jurisdiction and power be-
tween them and the courts OF the L. States ~
The Governor also asks for power 10 grant
ciearances-iu violation OF Tie laws of the
Union. And to prepare for the alternative.
which must happen unless the United States
shall passivciy surrender their authority, and
The Executive disrcgarding his oath, and re-
train from executing the laws Of the Union
lac recommends n thorough revision OF the
rsfa nd thas
authorized to accept, for the defence of
Charleston and its dependencies, the services
OF two thousand volunteers, either by COM
panics or files" and that they be formed into
n legioDary brigade, consisting Of infantry
riilemen, cavalry, field and heavy artillery !:
and talt they be EARNED and equipped, from
the public nrsenals, completely for the
field, and that appropriations be- made for
supplying al deficiencies in our munitions of
war" In addition tothcse volunteer drauphts
he recommends that the Governor be autbo.
rized " TO accept tho services Of ten thou
sand volunteers from the other divisions Of
the state, TO be organized and arranged IN re-
giments and brigades the officers TO be Sc
leetcd by the Commander-in-chicf, and tina,
the whole force be called he State Guard
request has been regularly made of The
Secretary OF State OF South Carolina, Cor ATT
thentic copies OF the acts which have been
passed Tor tho purpose Of enforcing the Orii-
nance, bnt up To the date Of the latest adyices
that request had not been complied with !;
ard on the present occasion, therefore. re-
ference can only be made to those acts az
published in the newspapers Of the State
The acts to which IL IS deemed proper 20 in
vito the particular attention Of Congress are !;
1. " An act Co carry into effect in part m
Ordinance To nniIify certain acts OF the Con-
Faaz nj lot.
laying duties on the importation Of foreign
commodities, passed In Convention Of this
State, at Columbia, on the oath of November.
1892"
This act provides that any goods seized or
Detained under prctence of securing the duties
OF for the nOn-paymcut or duties, or under
any process, order, or decree, or other pre-
text contrary % the intent and meaning of
the Ordinance. may be recovered by the own
er or cons'gnee by an act OF replevin; that in
ease OF refusing 10 deliver them or removing
ihcm,so that the rcpicyin cannot be executed
TIE Shcrdi may seize TIC personal estate Of
the offender to double the amount Of the goods.
and u any attempt shall be made TO retake or
seize them u IS the duty Of the Sheriff 10 ~
capture them; and that any person who shall
disObey the process, or remove the goods. and
any one who shall attempt IN retako or seize
the goods undor pretenee Of securing the du-
Ties or for Doi-p1ymcnt of duties, or under
any process or decree contrary 10 Tire intent
81 the Ordinance, shall be fined and imprison-
Cd, besides being liable for any other offence
involved IN the act.
II also provides that any person arrested or
imprisoned, on any judgment or decree OBJ
tanned IN any Federal Court for duties, shall
be entitled 70 the benefit secured BY The ha-
bcas corpus net % tho state IN cases ~ un-
lawful arrest, and may maintain an action Tor
damages and that II any estate shall b. sold
under such Judgment or decree, the sale shall
be held illegal
u also provides that any iailor who receives
person committed ON any process or other
judicial proceedings 10 enforce tho payment
of duties, and any one Who hires his house a.
jail % receive surh person. shall be fined
and imprisoned And, finally Il provides
that persons paying duties may recover them
back with intsrest
TIL net - o. A. - q a. 4.