Newspapers / The North-Carolina Star (Raleigh, … / Feb. 1, 1833, edition 1 / Page 1
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or(i Carolina Gazette, " -;t "" WaiT, JIT . . """". TERMS. IciirMRioitlute dultara per nnnin on , .el I ... C..k...il.... i- iniot to maim -tir rrert lonsrci "thai one yw,Bil penon reilent without tUJ Bw, lo "f detir to become aubtcriberi. full b atrMtly requireq to par. the whole a--.mount of the ytmr'n ubwrittlon in advance. : jTaTliaT, not exceeding fiftee J'yiet, ,:. Mwrteu wre iira lor one guuar, sou I wen. .4,.r aenla 4r aib eontinuanee. -IrKB to the Kdi tort mutt be pott-paid. ?.--r-- ' " - - -A PRSSinENT'S MESSAGE. ' concluded; 'Without adverting to tne particular theories In which the federal compact hit fien rise, both is to its formation and the parties to it. and without in juring whether it be: merely' federal, or social or national, it is sufficient that it mast be admitted to be a com pact, and to possess the obligations in cident to a compact; to,be a comptct by whjchlpower is created on the : one Jtaod, and obedience exacted on .the other a ; compact freely, voluntarily, and solemnly enteied intobf too seve ral1 Statesand ratified by the people -there oft - respectively; a compact by which the several states, end the peo ite thereof, respectively, have bound l - . .ta Ia ' itK Arhar ' anrl In to each other, and to FederanGovernmetit is bound to. the am .av -an w at niiiri tr i rum riiniuai i. .a. 1 ...ar..-.-,a...O(-yri-ia-4V'f in whatever .rooue ii may . n ween Jnnr"the""DeOnl?"ofSnuth Carolina have freely and voluntarily given' their assenH and "to the wholes and every part of it, they are. upon every pnnci-1 Die 01 ' gl'UM ;liui mywiawj w" . ... . . I t...: I I under mis oungruwi ', 1 V,t Aould be reouired ' to contribute hr-porti4fa f the pualic-espeni Bd fn nuhmit to an laws maue oy me com nn consent, in pursuance of the Con ititution, for the common, defence .ami - " if :. ...:V .u-J : I.. woneral wetiare, uniu . mcj : rhane.l'it the mode- which the ttwment ,ot j tnose, s;reai enus- w. tne r.i.rni)int and of the Union. Noth. m .l' i . . I . . I .1. inir !. than causes which would iusti ftTKyolutionarV remed v.-cao, abolve 'the people from- th: oblilbu; and for nothinjr less can tn uoveromeni per- niit it to be Mm with ot . yiolating its own obligations, by which, under the compact, it is bound to the other States, Bit Id C'CI J VIIIMM , " , y W"'v. States. i. .; r'" 'i-- - JTheie dedafliohs plaiolyHow. Xcinx the natnr of the federal compact, which is one of limitations, not only win the , powers originally possessed by the parties thereto, but also upon those conferred on the Government, aBdveryd'partinent thereof, trlt-will be freely conceded that, by jthe" prioci tt of ur "ayateut, nil powisted. in" the 'people; but to b exercised in the modo, and subject,; to. ,th , shecx. which the pcople-themselves have pre scribed. These checks are. ondoubt- adly, inlyitfarentnIifif aions-of ins Mm great popular principle wnicn !! M tliaXnaodsUoa of 4ha--wblTrat are aot, on (hat account, jo bejjje gwdtd or tea obligatory ., ryfy;v "" Upon the""power6f .CohsressTthe vetoof Hvc Exccutive and the authori ty of the Judiciary, which is to extend to alt cases in law and equity, arising nnder the Constitution and the. laws of the United States made in pursuance thereof, are the 'obvious checks and th..joimdaciiooffwblk; with the ultimate power of amend ment, rare the salutary and only; liim- "Howeve'r it may be altesed that a violation of "the compact by -the -niea-4 sures ot tne uovernment cananect the obligations of : the parties, ,it cannot even be "pretehded that such ; violation . . i r it "J ean oepreuicateu oi mose measures un til all the constitutional remedies shall have been fully tried. ; If the, Federal uovernmeut exercise powers not war ranted bT-ilie Constitution and-im- rnedirtctf-aflertingindiTitlnalsTt mctW ji a . recourse, to. the judiciary, uch, undoubtedlt, is'Uie remedy for hose hn ittfpm ti( acts of Ctins-resfe faJ'"duties and imposts and. prov inn. SI.- 1 - - - tt ..-I- I. 1' "?"? their coriecfionj't'o be uricoii-y1 awi without importing', in "her own I titulinnal. The whole operation of " every instance, no tax'of 'any kind 'ich, jaws ,is upon the individual! im-ja8 D.een "nposeq witnout tfteirparti iorting the. merchandise; a tate is ppationrr in jMme linstancesv th'solutely prohibited from laying im- J which have been complained of, with ' ts or dutiea on imports pr eipbrtkin' express assent of a part bflhe e-' vithoutihe consent of Congress', and ;;pre8entatives of SouA Carolina fn the cannot become party, under tjiesiicouncUa otthe Government ; Up to Tism. f it - a. ' '1 ' ' : futhority sgainst them. ,By thus in- erposmg, nowever,' aho cannot right fully obstruct the,operation"of the laws wienceyto, orrviolation of, the laws," he ordinaryiyemediea .through the ju Jiicial tribunals would remain. And V-M case where an individual should I Pfoecuted for any offence, against T ws, ne could not sen up, in jus- r " ' act lw ot the Wt' which,, being unconstitutional, old therefore be regarded as nuU . Toid; The aw of a Statau,cannot wonie the commission of a criine wnst the-United Z SUteaV: or- any J r"'r,,ori wrongiuiiy inierposmg .nerE1"" w"" , mommmj. other act wluciacconlJn to- the- ni peme law of the Union, would be otherwise unlawful. And it is equal ly dear, that, if there be any case in which a State, as sucjl, is affected by the law beyond the Scope of judicial power, the remedy consists in anneals to the people,' either to effect a change w" representation,- or to procure rfljuf by an- amendment of the Consti- tutiort. But the ineasures-af the UoH vernment arc to be recognized as va-IiiL-and. conseducntlr. sunreme. un til, these jrcinedies,:slialt. have beeo ef fectually tried; and any attempt to subvert those measures, or to render the laws subordinate td State authori ty, and, afterwards, 4o resort to con stitutional redress, is worse than- eva sive. It .would Jiptbs a propor reais tance to a government of unlimited poweal as has been sometimes pre. tenuen. out Jiniawiui opposition to tlje very limitations on which the harmo nious action o&the Government and all its paris absolutely denends. South Carolina has appealed to none of these 1 remedies, but, in cited, has defied them all. While threatening- to sepa rate from the Union if any attempt be made to enforce the revenue ' laws otherwise thaw through the civil tribu nals ot the country, she has not only not appealed in her own name to those tri bunals which the Constitution has pro-yided-for all cases in law or equity. ami laws of the United States, but has en- cognizance of cases under the. revenue laws to her own tribunals, specially prep.-ed and ntted lor the. purpose ot enforcing ..the. acta... passed -by vthe State to obstruct those laws and both tWjjrraojflrOTSTof bounds by the import of oaths previ ously taken,- toreat tlie Constitution ajwi Jaws'of the Unite dV States in-this respect' as a nullity. . Nor has the State made the proper appeal to public opinion, and to -the remedy ml amend ment. For, without waiting to learii whether the other States wilt cons construe or amend the Constitution to suit her views, she' has, of her own au thority, altered the import of that in strument, and given -immediate effect 1oe:-chtnge7"To6sbe Kaa aei'ner own will and authority alxve the laws, has . made, herself .arfiiter in her own cause, and has passed at once over all lintermgilia.t.sJ:ep4.tnmpsnrfjfaiiw- T'i i ...t;-w- . ., ed -rrastance?"wnrch;unless: they be submitted to, can be enforced only by t!ie sword. , - - In deciding Upon the course which a high sense of duty to all the people of the United States imposes upon the authorities of the Union in this emer gencyi it cannot Je. . overlooked ; that there Is no su fricientxause-foc4he acts of South Carolina, or for her thus placing in jeopardy the happiness of so many millions of people." Misrule and oppression, to wartoti-the diBruption ot the tree institutions ot the Union, shoutd be great and lasting, defying, alt bthef remedyiT For "causes of mi nor chiracterjlthe Government could ooTBuBmittttiUch a " catastropher without a violation of its most sacred obligations to the' other' State.s.of.tlie Union, 'who"have' submitted their des tiny ti I its hantN. . There is,1n the present instance, ho such cause, either in T the degree of misrule or; oppression complained of, or in the hopelessness-of redress by constitutional means, I-The loHtr'sanc- tiow tnyaTrTeceivprl 6T"Tlie"fro per authorities and "tronllrie people not less. than. the;untxampled growth and increasing prosperity bf so many millions ! of freemen, attest that no suck; oppression: aa. would, justify or ; evenpajliate. such 'a resort, can' be justly imputed either to the present policy or past measures of the Federal Uovernment."" ihe same mode ot col lecting duties, and for the same gene ral .objects, " which began - with the foundation of the Government,- aAd which has : conducted "the" country present enviable condition, of happir ness and renown, has not been 'chang ed.' ' Taxation' and represehtation-- the great principles of the Anierican re vol u ttonhav e 1 con tin u alW 1 'tnr t.ii..t -it.:li- ' 1 i-.ii i -r-s9-- . Tliand anj aVall tfmes,'' and the present period no 1 revenue Juts Kmk h . &fi hmrAnil thA V riAaaaa wb wants iof the country, and the author ized expenditures ot the.Gove'rnment. And as soon s the burthen of the' pub-. lie M ebt ' Ur emovedhbse cliared with the admiiiistration have promptly recommended a corresponding reduc tion of revenue, .A v' V '., 7,That tliFs system, tua pursued, has resulted in no sucli oppression upon South Carolina, needs no other proof tlian the solemh'and officlardeclara lionrbT the. late chief magistrate of that State,. in his address to. the Legisla ture. In that he says, that the oc cureiite. of the past in.con"necr tion with our domestic concerns, are fd-be- fviewed with a sentiment nf Un( r.i;tj 4i r- i. j- 7" , , " "-""... iuid ur sei tun.-, ur, to reoeuver me unucu oiatcs s:iouiu De aumorised a 2tF?, ?P "ri1? tl!f ,!aar''r'1' ' ' ' - r (JS. as the Case may b.,r ' even tb alter - and, abolished such of the miM ,ft! i ! r,b"e!, f " I" considering the bestTineans of a- under any process, order, . or decrees, districts and ports of entry as should gratelul ack&owiednnent are due for votdmr or. of nwvMit nn ik - .. . J- IIfK..--r?ix-r:i.i.,.r L - - U. 4 . r.; i- i li V has been pleaseiTto bestow on our tico. . v.- - t" o plet that abundant harvests in everv quarter of the State nave crowned tW; cir ti'Jiis .oi agricuuttrai lauor that health, almost, beyond former prece dent, has blessed our homes: and that- I there is not less reason; for thankful ness in surveying our social condi- ojr?jJ would indeedTirdnTiiruTtfto imagine oppression- where," m the so cial condition of a pcopIer-ttiere was equal cause of thankfulness, as for a bundant harvests, and Varied and multiplied blessings with whidua kind providence has favored tlif Tn." r Independently-;of tbesKconsidera tlonv it will not escapeTibservation; that South Carolina still claims, to be a component part of the- Union : to participate in the national councils, ami to share in,tlie.,.publicrbenefits, without conf ributirig to the pu blic bur-: theis thus asserting the dangerous anomaly of continuing in an associa tion without acknowledging any other obligation to its laws than what de pends upon her own will. ; ,1 In this posture of affairs the duty of the Government seems to be plain. It inculcates a recognition of that State as a member of Jhe lTnion. aniLiUjbL-, ject to its authority a vindication of the just power ofUlie constitution i the Union and the execution of the laws by. all constitutional meansi The Constitution, which his bath of office obliges him to support, declares that-the Kxecutive "shall take care indTiii "pfovTding tKat lie shall - from time to time give to Congressiflforma uon oi me state ot.the Union,. and re comtnend; Tottieifonsiderat'ion iTsuch measures as he shall judge necessary and expedient, imposes the additional obligation of recommendi ng 1d . Con gress such more efficient provision for executing the laws, aa may from time l l : U . r . r.. 'rzf:. .- the same instrument confets on Congress the power not merely to lay and collect taxes, duties, imposts and excises to pay .tbi debts , and, provide lor tne common detence and general welfare but "to make all laws which shall be necessary and proper Xof car rying into effect the foregoing powers, ad-aU-otlier powHr8L.yeHtedbfHhe k-m r r-? . .. Cbhstjfution in the Government of the United States, .or. in "any department or office- thereof" and, also, to pro- viue tor caning lorut ine miiuia-ior executing the laws of the Union. " In all cases similar tot the present, the auties oi tne uovernmeoi aecome tne measure of its powers and whenever it fails to exercise a power necessary and proper to the discharge of the du tyiprescribed by-the Constitttfion, It violates ine puouc trusts not less man it - would in transcending its proper umiis. k o " retrain, tnereiore, irom the -high - and solemn- duties '"thus enjoined, however painful the perfor mance. may be, and thereby tacitly permit the iightful authority of the uovernment to be contemned,:and.xts laws obstructed ; by a jingle - State, would, neither comport with its own safety," nor the rights of the great, bo dy of the American people. : i - It being thus shown to be the doty of the Executive to execute tho laws by all constitutional nutans, it remains lo consider j;he;extent ot(rratry at nis utspwsai, anu wnat u may De proper further to provide. In the instructions of the Secretary of the Treasury to the collectors( in South Carolina, the provisions and regulations made by the actof-lT99, and also the fines, penalties, and for- leitures lor their enlorceraent, are particularly detailed and explained. It may be well apprehended, however, mat incse provisions may prove inaue nuate to meet such aa open, powerful, organized opposition as iis to be couj- inenced after luLFsfiruary JiexL .iuimqueBtty--te--4he;v.'e: .instructions, and to the passage of the ordinapefei 'information : haf been j re ceived, from sources entitled to be re lied on, -that owing .to th,e' popular ex citement in. the Sute anCJhe(effect of the ordinance declaring the execut tion of the revenue laws unlawful, sufficieat number of persona: in whem conhdence might be placed could not be induced, to accept the office, of .in spector, to "oppose, with any proba bility of success, the. forca which will. tio doubt, be lined when an attempt is maoe to remove vessels and their car goes ; from the custody: of the ofQ cers bf the customs, and, indeed, that it would be impractical for the collec tor, with ithe -aid of any number of . "t--1 r ' Vi -. . inspectors wnotn Tie may oe authorized to employ, to preserve the cnBtody a gainst such an attempt .v The removal of the custom house from- Charleston to Castle Pinckney, was deemed a measure of necessary precaution, and though the authority to give that direction is not, questioned, it is nevertheless apparent that a simi lar precaution cannot be-, observed in regard to the ports of Georgetown and lieaufort, each of which, tinder the present laws, remains a port of entry, and fTmwpil tn tlm nlutm'im.T. m..k 1 1 ? . r;--"v-o -j--"v - uvkiu.n u mc lunctuuii of ' thc rcventicand the consequences which, may ensue, it would apnear 4o apma4 JieceyieaabU tWhe-eoarts of VRMfett?ioai omcers ot the customs to preserve the custody of vessels and theit cariroes..' .4 which by the existing laws they are re-' .Idllirfftt A 4lf A '.1 I!! iltlti.a' which they areJTable shall be paid or k" i iu , in secured. The mode by-which it is contemplated to deprive them of that ' tusiiKijr is aiie process oi replevin, and . thatof capfa tn withernam in the na- ture -of a distress from the State. " tri-' htinnla ArMni.m d I i. ..ilin.M.n ! " Azaitist the proceedinsin the nature of a distress, it is not perceived that tneTToTfector can interpose any. resia tance whatever and against the pro- cess of replevin authorized by the law l and these,: from the information alrea dy adverted to, are shown to.be whol ly inadequate. - . - I he, respect nvhich that process de serves, tuust therefore be considered. If the authorities of South. CaVolina had not obstructed the legitimate ac- or if they'had permitted the State tri- wjHgHmrrorrtr tion andhe regulations of the laws -of the Union, the General Government might here been content to;lookta them fof maintaining the custody, and to encounter the other inconveniences arising, out ftC AJttv-Feeent prttfeetlmesr ii' : .1... .i uicu lit mat ttts.i-f nuwcver, ine iiro- cess of rqdetrtF from the courts "of the Sla-.ew?Hld,bejLrregularand'-a thonsed. It has been decided by the Supreme Court of the United States thatjthe courts of .the United States havFrekcI uUv e'j u ri sdi cftoh oFall hS-' zures made on land or-water for a breach of the laws of the United States, ity, which, by taking the thing seized out of the hands of the United States officer, might obstruct the ecrciaf of) thejnrisdictionrii"bnljr; such case the. court of .the United States, havjn cognizance of the aeis zure, may enfurce a redelivery of the thing by attanchment or other tumma- rypcessrithatheuesTTo" sucn a seizure, whether a forfeku re has been actually incurrecfiz belongs cicmaiveiy to iae courts oi tue unueu oi tne state, lie, having no common 1 gous to that Conferred upon .the mar law power,- can only oppose such in-1 ahals by the act of 1793. It is, iii fact, !pectorsasiie istystatute autRoiTscdVt the embodying of tho whole mass ol awd may find ft nracticabla to emblovt ' this nrntili(inn. nftdr the command nf Stater, and it depends -on ' the finaLjdiilerent name. No proceeding which decree, whether the seizure is to be deemed-rightful or tortuous? and that not until the seizures, be. finally judg- eu wrongiuuy and wuuoul probable cause by the. courts of lite United States, can tlie party ; proceed, at com-. mon law lor.. damages in the. state courts. -. But, by making it "unlawful fur any oi me consututeu iautuoiines, whether of the United States or of the State to enforce the laws furthe pay ment Bf duties, -andecIaiTngtl)at "all judicial proceedings which shall (3be hereafter had in alliralance of the con tracts -mad e with purpose to secure the duties imposed by, the said acts, are, and shall.be held utterly null and void' she has in effect abrogated the judicial tribunals within her limits in this respect,' has viituallv denied the Unitc StatesX UDUshed by their own laws, and tie' blared it unlawful fdr the judges to discharge those duties which they are sworn to perform. - In lieu of. thesci she has substituted those State tribu nals already, adverted to, the judgeir whereof, are not merely forijidjjejj to allow an appeal, or permit aopy of their records, but are . previously sworn, .to disregard ; Jbe laws of itl Union, and : enforce i those only of South Carolina and, thus deprived of the function essential , to the judicial character of inquiring into the Validi ty -of -the -laV, atid-theght-of-tlie matter,- becomy Struinents in, aid of the.,concertjed "ob struction of the laws of the Union. . Neither the process nor authority of the8eribunals,;thu4 ifcohstitu'ted, Van be respected, "consistently willi the su jiremafi'y .of the !. or tha rights and security, of jthe citizen.5; If th'eybe submitted to,' the protection 'due fron theGoyernmeiit U its officers ariii citi-' zens i'; withbeld; and there" is, at once, an end, not only to the laws, but to tlie Union itself. V-ifps?!'; . Against such a' force as the- slieriffl may, and which, by the feplcvin law of South Carolina it is his dutv to ex. ercise,' it cannot he expected that a collector canTetain his custody with tlieaid vefstha iaspectorIir uch case, it is true, it would be competent to issue suits in th United States Courts against those' engageiL.in the unlawful proceeding or, the property might be seized for a violation of the revenue laws and being Jibelletl ju the proper courts, an. -order might be made for its redelivery, which would be committed to the marshal for exe cution. But,, in that case, 1 the 4th section of the act, in broad and un ......uiu -i.t mwu i, ui uuij ui me snenn "to prevent sucti recap- i,... ' Y. ': wuitr iiitiwi, conirarv 10 tne. true inieoi anu Inpaninw of 1 Uo nnlinnni-o aforesaid." It is thus made the duty of the sherltTto for that purpose, it need be, to em-! n1ov the whnlrt nnir:nf th roii'ntrr. And the act eiorAslv reserves tl him .1 . 1 -1 .1 il . its nroviaii he rald JiavAot. ; ! power, wnicn, i inuepenueniiy oi 'thin pni,.. . itim. i ..hvimniv .Mintm.1 plates a resort' to other means than those particularly mentioned.- , . It is not to be disguised, that the power which it is thus enjoined upon j" vi "ivii t. soi s.iiu9 viijtuvu . y.nin "Ithe sHerifl' ttr emplofriJTIOthtnSf'' te"S3 L . Jt.nA. 1 . !L .k,.;.... than the poise com'Jatu m all the rig or of the Ancient common law. This power, "though it may bo used against unlawful resistance to judicial is in its charactexfatc.ble, an process. md analo .-r" r I aTslngle ialtnEial ta'acf oinplisli: by their forcible aid what could not be ef-, fectcd peaceabl v and by the ordi nary mean. Ii'may properly be said to be a relic t of those ages fn which the rawscouHl be deten(le. rather by physi cal than moral force, and, in its origin poii the siieriiu oi rijr- land, to enable thwi to defend, their InlaT wlioii jPklffta thefandr'aa well-as for-the purpose of excntini proefss. in early and less civilized 4itnes, it Was intended H include " the aid and attendance of all--knights and others who wre bound, to have liar. nTl7iusInTtot! with armsand military equipmeuts, afiJ'emJgiPsiaTgM tT'massitoTagiw " can be compelled by the laws of most of the States to perform military duty. . If th iocipleaiQ recognized in. South "Carolina-("and from ihis act it would Beem thejr ae,) tho i powrTiraumm'o aity.ot tine. and inipnsonmcnt, evrry man over the age of fifteen, antl able to rtftveU.tOvrno sfiertlfi anil with such weapons as inay be necessary and itpay justify beat ing," and even killing,such as may re sist. The U93 of the nptse comifatu is, thereroreajdifficiappUcalionllof force, and cannot be otherwise" regard ed than as the employment of the whole militia-force Htf the county, ami inan enuallr efficient form, under resorts to this power; to:tne exte.itxoh templated by the act, can be properly denominated, peaceable."""" - ;T.T The act of South Carolina, however, does not rely altogether upon this -"for-ciblemedyr' For tf en'atfeiiiSttnf to resist or dUobey-though ly the aid onlyof the ordinary officers of the cus omstlie process of i?plevtn, theol? lector-and all toncerned are subjircted to a further proceeding, in the nature of a distresa-Mif thrir petal-eifftaj' and are," rnorvuver," inade giUy of a misdemeanor, and liable to be punish ed by a fine of not less than "one thou" sand, nor .more tlian five, thousand" dot lars, and to impt'isoninent, not exceed ing two yyearsi and iiot less Shaii six months and for -even . attempting-to execute the order of the court for re taking the jwpjcrt y, tho ,maLHh3JILfttli art .assisting, wouui oe guiuy- ot a mis-, demeanor, and liable to a fine, of hot less than tlvree thousand dollars, nor roorhan ten thousand," and to jin- pnsonmenijt not exceuing:xwo years-, noc less than onc ; and in case the goods. should be "retaken; under .such procegsL- it is made the absolute duty of the shcriH" to retake them. '" . ' . ,It is not to be su pposed that,, i h tlie face of these penalties, aidea by thj , po w. erfaloroe of the country, ,whicJ would doubtless ) be brought to sustain j the State officers either jliat.e' would retain-the custody, in .the fust instaneer thatXJMa'f 3uld' nm.m.qnauniai4orc. the propertyt'porauan$r;'.3lh:.;tfrjf; omer proccs oi tna courts jtf, ?v; ' fi'it is, moreover, obvious thai, in this jDoriflict between the powers pf tlie offi cbra of the United Btafes an'd('"6f r tlie StpteV'unlctiij the latfwib8''f)aisively submitteil to) the destroctiori to which the proj)erfyf(of the officers o,jfie:.cnsi turns would be, exposed .the, coinmii siqn of actual, yiolencei and. the loss of 1 ives, Woulil be scarcely a voidable j i Under' tlese circumstances, Jirid the provi siourof ithe ac ts of $ou tl ' Caroli na tbe Execution of the. laws', ren-; dered impracticable eveql through -the ordinary judicial tribunals of the Un. ted States ..Tliere. would certainly be fewer difficulties and lesfs !,"Mpoptti nity ; oi actual collision pciwceii uia oiur,erj of the United Sfates ani of tliI "State, and the collection of tho revenue would be more effectually securedif indeed it can be done ia any. other way -by placing ilm. custom house beyond ..the immediate power of the county j -V K .. For this purpose it might be proper to provide that whenever, by. any un lawful combination or obstruction in a n S fa f P. or a n nort L - 4 1 - ahmi I d fio- come impracucaoie taiintuiiy, -io cot lect the duties, the residen ol. the T?r:ivci i.r , , ' '" , u . necessary, ana to esiauiisu uic cus tom-hou.se at some secure place within 8iye port or harbor of such State and in such cases it should be the duty o(y the 'ColtectbPto'resTde" at such place,? ' and to; detain all vessels and cargoes" until the duties imposed by law should j j be properly secured or paid in cash, dc-. -. uuciing uueresi mat in sucu cases it should be tinlawftfUo take:ihff- vesp ' and cargo iroiif the custodyof the prop er olficer of the customs, unless by 1 process from the ordinary judicial tn-- wunais ot ine!y niic.ui5iaie8 anu mav i in case of an attempt otherwise to take1 J the properly by a force too great to be . overcome by the offWert of the customs, ' ', a a"a a a it STiouiu oeiawiui to protect me pos session of the oRicerS by the employ- ' , ment of tho land and naval fortes and th militia, under provisions similar to those authorised by the 11 th section of"." the act of themh of JsmifiryrtW. '- 'fhe provision, however, would not shtelil tlio officers and citizens of the United States,-acting under the laws from suits and prosecutions, in the tri-V bubals of. tlie State, which might there- , after bej brought against them nor ; wof d it-protec t . thei r , property fro ru ' the proceeding by distress, kn& 'it may well. be ajjOT he m's'ini'cient to ensure a proper respect ' tdjtlial progress of-the - constitutional j tril"un.11s itrciit!flVrOencfs asainstthe United Statcsand to pro-!.A tectrthrTlullioites of "the ; United ' States, whether ..judicial or ministerial, in fiie nerformance of their duties. It J wottltT moreover be inadequate to ex tend the nrotiction due ftoni tlia..G(-- , erpment to. mat portion of the people of" south Carolina, against outrage and ppiC'BajMSt IfiJtlwhoMaynanM, fest their aflachment, and yielt obedi- ence to the laws of the Unions3 It jwayfhereforeib bptiefTto" re."T " vivewhitaemin4itttnfyt UMer -'tL adapted M th-Mscaio4h Ct!t section -of the act of. the 3d , of .M sreh,' 1815, whiflfi txiiire'J :im the 4'h - of -' t rch. Ugf ,by,thHimimhn -of that "of JTtflr ? " April, 1316, and to provide flat in any . case where suit' shall be brought aint any ij.d.Lv j jijllicthe "tour'ts oflh a Si t , for any act done under the laws of the t. United States, he should be authorized , ,tn remove the aid ' cause, by petition, " into the circuit courts of the Uniifd ,Statea.viilhoutany.opji-ofT tha record, and that the court should proceed to hear and determine the' same, as if ithad 1 been origiBatly instituted therein. :And .": that in all ca&ef uvjuries to the pruu ' -t jwopertv of individails fr ' f i'tbrfl r enre to ilie ordinance and laws of South Carolina, ia puruince thereof, redn-ss -may be sougHt in the Courts of the Uni- f ted State. f miy be expedient, also, by modifying' the reolution of the 3d ff Maf'chT179l,"" to aulhori.e the mar , sha't to make the ueeessary- provision v for t.h safekeeping of prisoners mm inlOtA undertlie-authority -of the Uoi-', ted States,--; ;' - Provisions ies than these, consisting , aithey.d o. for the most part, rather -ot -" a revival tif-tl.eofiry of former sets" ; called for by he existing emergency, J ihan -tif the introduction of any unusual nriirour'cnacfm',nts1 "would not ; catnie the laws of the Union to be r. p'irly respected or enforced." It ii be- iievrif f these v would prove j ader'iate, f uhlos. the military frces of the, Stafo , of S mi th Candjna j uthorizejiy hfrt-, fTa'fcft" WOregtiature, should be , tuVty. embodied , and called ut in j iitl their, prc eiling,, ''-.and ..of, the, -provisjioos of the ordinance ji;peraHy, t Eeo that cashnefi r,!f ,H, be." liveditharppjinore-willr b necessary ' than a fewmodifirstionpf ;its ternH,7" ta adapt the act of .179.1 jo ihr parent,', " emergency, as b; tlriivact tle -provi-"" sums oi me law ot izy r .w.rre .accoinio'i. t (Utel to tJie criajs thpn existing; and by , ronferripg '. authority uponv thaj l,'reU .., deot ,. give, jtr opfira.tloo' lUrin the , leaion vfrCongrQgs-iandwijhout the . ' " ceremony of a prcjamatro wjierever it.ljiaU. ba of&cialir made koown tohtm iu-t.y. .i.u-! ':.r .. o.L . 1 vt 1'. i - -' n4. their ,te,xuion obifUt,ted by the ' ctual tf mplojront of ymaifary; force, or by aoy; unlawful means' WHtove6, loo grejij tp otherwise verconie. 'lo cloiiiig.. this -xojnmauicition,( l f -. should do, Jiijutke(to toy ownjeelir'g fiotj to' 9iprt!jwmy conudent, reliance. ; o poo i li d B po?'(tio.n .of each deps r t m e h t . pf thi? GoveromentJVpWurn:i i'sduty'1 atd toco operate in all me a'aWe, neres-. iary in they present eroergency. 'y', ! ,;The,crisis ..undoubtedly invoke the - fidelity of the patriot and the sajrtcity . bf-tha atatesmannot more, in removing such portion 0(4 jhe pubjic burtien as nay,b uonecsary, l)iari ii preserving t '! it'JzJffio? t si li cieiy,, u uj. -me miintcnance of kw.elt regelated liberty.; i While a forbearing spirit may, and I trsrtw will, be exercised,, towards ths error of our brethren m a particular , quarter, duty to the rest of tlie Umorj . ilemands that anea and organized re- - 4ti Ikk'l.aia I, I r.l III, ecated with impunity.;: . . The rich Inheritance bequeathed., .by:: . ourifathers has deolvedruprri ut the -sacred obligation7 of preserving jj by jSeei ilk pttgr.) , J 7nitdi.3iae or by the.Ci.uf .f the Uaited.afes'. will beooe6l.v ooDosed.'?
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 1, 1833, edition 1
1
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