Newspapers / The North-Carolina Star (Raleigh, … / Feb. 15, 1833, edition 1 / Page 1
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77 V-' r . rr-. v; ' r-" r 'mi 4.' .. J r. iftntl Jlorlh Carolina Gazelle, iV t, AVHEN C E &. LEMAY. rBidilfT"'0. Hire rtitlliin mr'nnTHitn--OM Imll in KflTanee. tiDsoruers in tirur .voir esnnot beHwel (to rertmiu In srresrs toupee tiii one year.iinii (wrnimii resmemwiiuoiit tlm fte,rf'Jei bmamm subscribers,' will svstrtiy required lo psjr the vhnle - miiit nt (lie tear i subscription in sdraneeA Ars1riiSTS, not exceeiline fifteen linei, ; funljrtnTe.lioiefoiVOje rtJIr, aniL twee i' .in eetrtstor eseH euntiniiHifce. . , ,jf .krrM lA tli..K(Jlw" must ha post-paid, 1.-4 :V;::;:ivUEBATFU-':;t--x-.V- j the SnMe.of the United States on the bitt fur therm protuie tor die eolleoiioa of duties on imports. ' ; . ' ' ' y':-:: i'..W(T t- 6PF.ECU COXCtCDtD. . , ...iff.- Iti-fA The State ot . south Carolina is: quoad the revenue' lawsj; out of the Union.? As -W -ihe-f revenue .system, our fellow citizens of Soutfc- Carolina me gone from as. What then 19 to pretext the good 9 imported into the State from being distributed into every part of the interior." and alongi the coast?- 'A legalized system would be introduced,- he would not say of smug gling, for he would not Impute so op probribas a crime tflTthe authorities: of that State, but free, ports make free indT,NulUficati6it.roakeVJfree ports.t Well,-w,7 what r wiU-preTent the goods from being sent to other StateaiLaiOhs pod s, and they- may- be sent' any here. :If Nullification exempts gooiU marked State rights,'', and the ves-. cl is called staie ; sovereignty." - They 11 hot, be' imported under the dorious flag of the Union, but under, Vtftiha8-otJieE..UxuinanC:C, we shall see how she will put it in ex ecution, how it works practically, p. will makergenerat confusion : defeat fmiality in public burdens, and.de- ralizercommnmtyf As Nullincatioti is now about t) zo iatft.fttllippmtipjm hands of south Carolina, Ana prevent her from executing-her present pur iwisetrltesTjlWarer" the iwide rane of discussion whicn the questions,' connected '-ith this jubiect ; would lead to But ' this was- the time for bringing those questions bafore Con for' decision. They shoulchde- cidft now in-one way or? the othef,t; I am young and stout, saitt Mr. AV. and am wiiuns to see tne nuestionrxriea, audT tode" thV eBr ir-Tlie whole question comes to a single point. What is the constitutional relation ot a single -Stafe to the United States? If the Government is merely an 'all anee" of States, a federal league be 4w4n.evral vJisUncf-aaAVindepei. dent'' sovereignties," from "whicli any one tnaywitlidraw, there is an end of the Kfluestion ami- m me diu. ror South Carolina, leaning upon her sove- reisntv and reserved rights, has exer ciseu tne power wnicrr sne claims 01 . " . . . . .i.-L t- .' I f oaeviog ami aisooeying iaw oi ine vntun, jiisv '""j ho i, iw He constitutional or unconBuiuyonai. 1 Ah tteiApt;on liis part to throw any I be as unnecessary av to contribute a Jrop of water tir the ocean.lt was e nou2:h for him that he had a few well settled nrinciules ort this point, which he had always entertained, and which - rf. f -r t . , p .. x -f I of the Eoveroment to tlie present time, I The Constitution was formed by the people. It was adopted by the States. which,; like individuals, surrendered a portion of their sovereignty forihe security of the rest. Those powers which are thur surrendered, however Hmited in number, are stjpretne in ex-tcntand-- application. :.The - second paragraph in theCth article of the Constitution. waV as it appeared to kirn, frameifeo. meet this very case to wectState legislattontJitatejyuUt fication to meet the ease ei State le gislation which attempts to overthrow nattnn.it tpn-iKlaflon 5 7T't' ' 1 "This Constitution, and the laws wade in Dursaance thereof, and: all pretties made or which shall be made Jnder tlio authority of the United States, shall be the supreme law of im land; and the Judges in every itate shall be" bound thereby, any itliinir in the." Consjfftion' or laws' of any State to the contrary nqtwith !Undinjr." ' - ' - f ' : Tkis supremacy 6f power was neces sity for the general welfare, because itconsists in .the ' use of powers y hich could not be confided to, nor exercis 1 br. an ri one . State. . We alwavs t Itad a Union7The great object of the fp'eople, from one period to another, ..ao uceu 10 renuer me uutuu --mure perfect "Virginia took the lead in tke last attempt, and Jiet; statesmen were among its foremost champions. Experience had mauifested the want of a supreme power to bear limmedi tely upon the people of the States. He laws of tho Old ; Confederation bore on the States alone. Hence the constitution begina," We, the Teo pleLand the conclusion f thfr Sth "ettitjo of tW 1st article, "giving now- ier: tp -Congress " to- make all. laws Mhich. sjMil bn nec;sivry and propcr for carrying into etflcution the foreto- ing powers and all other powers, vet- etl uy mis constitution; m the Govern ment of the United States, or in any department or officer thereof,?.' and the emphatic conclusion declaring such laws to be the supreme law of land, in tho'aggregate sense of tlie term. We owe allegiance both to the Unit- eu states and to the state of which, we are citiz-eos. -'-, Are there, 'sivany? citt irns wno:owo no atiegtancei 10 we United States? have" the people of South Carulina abundoocd tji pruud title of citizentn.-i :thJL)nitea Statesf lias the T General 4 Government any. power ot tjuality of political ,iovereigiuy at all ? ,lf it has, that power " must Te brought to' beat directly upon the peo ple ot the states, ana ot each State. :-.'.-The Government of tlie . United States forms a part of tlie Government of each; States-enters into it, and sup- jiiips wnaiever may ue wanting ',10 StateLpow'ersr.You "cannot, bringra- bnuttubediencr tae'tawsTif Ttheir obligatioa ami iiftding force are not directly on the people. . . If the laws arc brought to, bearjBiLjtlig Statu tliey , may "wrap thetnstjves .nintheir soye- reignty and their reserved rights re sort to Nullification, and, claiming the power to put their veto on the acts of - Congress, ' they jnaToverthrow ypur whole yste This doctrine ampairs not the sove reignty of the people. The people re- tanr-rhi BO'Teccigntyws-WefeaeMtHi th ITnited States as well as; to their I res'nctiVgJJStateg'gy-wi w4Hts"in tncir: mate Le!risiaiurcu great constitutional powers, the people act he,r, and are thereforeboun bv the law which they themsel yes mad e. 1h8 is the perfection ot pouticalinsututions. The , people make the laws,', and the im'awm. Thf'SWeB-rerseciire in th eif rights,"and always were se cure. . - He .ad muted their-originat-ab- solute sovereignty,- but ashe nad said beforethey&yielenojiaf, portitm ,of tnai sovereignty ior tne general gnoti. -'This ; is fa Constitution 1 of nower for a TalBftblcconMderapon. v r liy the grant of these nowers.jtou created the Constitution cannot take them back at( pleasure. Here are we asked can th; creature be sreater thathecreatorf No. ' But the creator may be bound by the act f the creature; the pnncipal may be oounu Dy tne act oc tne ageat; u ;e agent acts in pursuance of delegated power,-pa iticularlywhen theinterests of third persons are concerntd. ; We iay to South Carolina,'6ur prosperity depends . upon the permancace of a system which you trcaieu, nu juu caht take back the power" wsich yoo: gave to your agents to exercise. . ,. !::oa':ta ca.)n,"MrW.aiiihihal mode some notes, antlthe- very circumstance? which ha had anticipated had . happen ed. "From - a; late ntimber -of -the Charleston Mercury, Which he held in his ; hand, hf , rem. an account of, a great State Rights meeting at Charles ton, whereat resolutions were adopted for forming Companies to import goods free--rt:titttyTr-Wer6lBtoof South Carolina would, it was thouglit, berelnctant to hazard their; cpmmer cial credit and convenience by- avail ing themselves of the Replevin Law, and it had been aouDteu wnetner tne lore i-lfie irutaiHie wuuiu ins ureu. . . ... ...A..v'uj tLA force of-the Ordinance would be tried. cians, not the merchants, had totmeo Ja plan 'lor trying the experiment. Preparations had been made to bring the question to an issue as soon as the 1st day of Febru ary arrived. ; He katl made a note of the questions , which would arise out of these considerations, but he would not detain the Senate by noticing them. : - -; r. --;-.. t ;. He would -pass to the consideration of the pmvisionsin tlie bill. The first section of the bill contains provisions which are preventive and peaceful. Mr. W. tlien read , from th& Jkslsec tion of the 'billV as fbllowsrSi:- Jie it enacted, i-c. 'That whencv- combinations, or assemblages of per sons, or u nlawful threats r menaces against -officers 1 of, tlie United States; it shall become impracticable, in the judgment'of the President, to execute the revenue, laws, and collect the uu- ties on imports in the ordinary way in any collection , district, it snail and may be lawlui lor the rresioent to di rect that theustom house for sue districtbe establishedTand kepjtin any secure place within some port or liar bor of such district, either npon rand or on board any .yesae 1' &i. -r It enjoins forbearance on tbe-Etecs-tivey and gives him power to remove the custom house to a sccnreplace where the duties tnay be collected. It: leaves the ports-and CistricU as they now are, open for the commer- cial convenience ot the gooa pcopie i y . .... . . 4i, the States and even the custom house would not be taken from the port or harbor where they now are. Our pb- lectin refnovingthft custom house,' is i :t .. tut- lO . prevent , an coiuw - " jossiutc. The words " threats and menaces," do - Hot n-4hrou glv -tlie resid ue of the orl'mn Tho- Twiwpr. tn?in' irl this clnusc i' notidsrt the ctanse is stm:'to enfdree ihh ortlinancf,-are har4i ply tieclarktoff-of the existing lawf'as' ami oppressive beyond any of the fu - it has been., held by our courts; for it, dal laws.';- Under" the ' repfevirt ac? of has. lceh . decided,' that where it is imSoutli Carolina, the oodr are " first possible to collect the duties, the ofU - cers 01 the customs may remove, thfe j custom house. ; -i. v v ' ' - ': : Tlie next paragraph;, provides for tW cas.VpsyttienT of duties under nreumVj stances which render it impossible to collect the dul.iea.,)n the ordinary way. xtrwtgturgreai tnauerv-eiave at- n. : . j. a 11'. 1 . 1 me-pfactice oi. UKins bonds be per listed in when ithc-y'say they are not bound to paythejHonds. ; It is a mock ery to take bbnJs ,wh?n?the (Tonstitu; tion and the law release the people from" the .obligation 7 of the bonds. Suits must be brought to en force the paymentjC the bonds, and the authority of the State and Federal tribunals wouldl to.; conflict, which conflict thev bill souglifto avoid!TTie"Usecroh7)r the act of the;iSd March,. 1799,. re fuses creditto merchants who have re fused , to pay their bonds. -The same principle is applied to the present ca8e1,.vhere people are. combined to prevent the payment of bonds. -Jr ; The third apd remaining exigency provided for in this- first section, is thu a -itijivitito eniplqyKelaiid; ma val forces, or militra." This provision is entirelr deleifsive. r It merelv con- of the custJousjn W!.tfttr-aTTKHi is- jct n ! - 41 .C. .?.4 Carolina pay the duties? f he custom house,; officers are not tfufliciehtly nu merous w entocce.: obedience ;to the lawsj pains, penalties, .indictments, allJiang over the head of that man whn-isbold enough-to-exaetrtayflent ine jjczisiature- lorniaa tne eniorce- ment of the law -and he who" attempts to enforce it roust suffer the penalty of tbetlaw5 Brelyi asbe is-convkted of tho offence. 1 be -Marshal, '. , in this stage of the business, cannot in tcr- out, for the best reason In the world, thathej are committeTTn support of tfieothef sttfe ef rthe'uesQbn." f Now what is to be done?. It is the duty of the President j to takejcare that tlie jaws shall be executed-,: He is invest ed with the power by the Constitution, arid the public , bold him, responsible for its exercise. -You can vest the power no - where else. ,;The firstt.cc- tion of the 2nd-Artkle nf the Consti tution invests the "President with the M Executive poweri" and he is requir ed to take an oath faithfully to execute the office and preserve the Constitu tion, "uThe second 'section of the. same article makes him tlie commander-in-chief rot'lliafmy "and navy .of -Hie United States, and of the militia, when called into actual service. .The only question - is is it necessary to - gi ve tnese-means to enforceithe laws. - If we intend to enforce obedience to the laws, these powers must be given, and no wherercan they be constitutionally lodged but in the President We give Andrew Jackson . power simply to exe- eiitei for ltmiteu timer the; revenue laws of the country.; Will, we con fide this Power to -a man 'who has ne ver abused any power reposed in him. Ire said that these proceedings were. long anticipated. ; They were the sub jict-of discussion luring the late Presi-1 dcntial contest, hvery vote had, an eye -to the Sodth. ' He spoke this withrespcct to the other candidates, alt of whom he knew would have sup ported the Constitution, i- He made no invidious distinctions. v ' J Why did South Carolina throw a way her vote on a distinguised indi vidual, who Jwaa nqt i candidate? Withjo Cje to this question why did the people of the 'United States vote for Andrew Jackson? "With a view to this same question.; For this provi sion in the law, there was a precedent tarkli.be-wuttld reTer.JChe;act ,of 9th"Jaauaryv '1809tsecll IS, vblf 4, p. 194-5, to enforce the embargo, &c. The -2d section of the bill exi' tendsbe1 jurisdiction, of the .Circuit Coutisio revenue cases. JU gives, the risht to sue in these courts for any in-. jury, incurred by officers, whilst en gaged- under the . laws , ot congress in the collection of duties on imports.' It declares that, jproperty; taken- uniler the authority of the laws of the United Statea shall be irrepleviable, and only subject to the order and decrees of the courts of thef United States: and it gives the penalty , for the rescue' of the property as is prescribed by the act, ot , SOtU Anril, ir9a,. sec 22, vol. C, p. 95ile..preyjMni.f?at:law j this" ifttalty not to exceed SOO dollars, ; and imprisonment fo tnrct,nontnS ! x ins ; section U4 inuuujanill Iicn first .it giverpower to tlie offiseri Ao i sue in we Federal Courts and se cond, it provides that they shall not! be dispossessed of property seized by ; theraunder the laws of the General! Gove'rnmcnt,-without the authority ofs ie court f the United States.. The object of this section is to meetlegis lattoqi by legislation; . There is 'notli. ing n thi8proyisior Rocking Ofharsh. ' The laws of South Carolina, made RWj, J7!l8!'w 'i'? cretins . on unties r ur. una -mistimanor we wntcers.are- equiiy' to some extent, and .this law carries subjected ; to 1 line of oOff doilar; and terms out the STStcm farther:! rlVi fthouhl 11 ViaM imjii-UAnmpnt.1 Ahd iWv ar' nf ! seized, if they are not given up the return is made and a eapms m telthef- Congress this power in Criminal cases? nam issues;- there is thejt a auitto re-" He would answer the nueStijOtt in the cover back ' the duties ..the" Custom affirmative. Congress had the power House officer cahnot remove the suit to give this right in criminal) a well s to any other court, and the judges amHn'irvfr'm jurors who are td decide the case are t .1 j , : . 4, . s - . . nnacr oata-to-support ute iiramance. liable to have their owtf property,; to double the amount.of the goods seized, taken, and carried away;.. Every; pro- fessional inahkhbwstowhat cases a replevin law is usually confined. It viws the custom house officer while diation to revise and correct the. de discharging his duty,- as a .trespasser. eision of that eourt. " 7 If the replevy Is not obeyed,' the Mh- 'r This decision was founded upon' the termediate enquiry which the Common! principle that the 3d act of theCtmstitur Law proviues is discarded, and a writ! of reprisal islraes. 7 It is ntleft dis- cretionary with the Sacrid to take e nough to' satisfy the demand but lie is bound to take double the amount. Thcw is no d 4hg?r-thathf S' part Of the iawcan ever be executed, for no one person' will have property enough for so tremendous a ? crasn. The goods are taken-lwtally troin the cus tom howue olhcer and carried ,oir, and Jf .be attempt t6 jrptttre4bem'.'ih-i name to a nne, 01 ' jsiu.uut;, ana a years imprisonment. " i-;:NHBuch- IndictH encToacii pijeq noLeaiuj.i''4iu9.Hitt fn..4 . .t.. I.ii i.. 4.u -!iL.i But,' can the word be taken in that sense in South Carolina?; Perlja'pf the word, as used , in tho jGrdinance-, has a meaning peculiar to the Soulluii Mr, MILLER explained. . The werdhad pttculiar,ineaiing In South Carolina. At the first court the ac cused could traverse, .but he" had iio right to continue -the action. The Ordinaatreied-etWWi-' cused to. continue the case after the fjermcjjfort rTlio Ordinance; in rtf eating tiiis-lnt: demeanor, merely 'applies to it the leral forms ;whicn In that State appt y io&WMMemiiiiits: Mr. WILKINS. It was apparent that the Constitution of the courts in South Carolina makes it necessary to give the revenue officers he right to sue iti the' Federal Courts. J It was not intended to restrict this, right to any amount in controversy, nor to citizens of rother-States. Itfallsunder the clause of the Constitution-which gives jurisdiction to the United States Courts in all cases arising under the Constitu tion, Treaties," and Laws of the United States. '. -He would nut a case in a few words: Suppose the Collector of the! (uri 01 - otiuut wutoituii la prosecuted. Ie is carried to prison, or tfe caputs in withernam is issued against him. ;' His property is earned on and aold. 1 he case comes before theState Court." file sets forth that, nnder the laws of the United States, he was obliged to do his duty.; On the other 'side, it is said that the laws of the United States had been nullified and the State laws had taken their place. Out of this, issue springs a case provided for by the bill. But it is objected thatihe case will arise under the State law. But,shifpe it which way you may, the case, arises out of. the Laws and Constitution of the- United xStates,-and-thejudiciar punti vxicuus iv ail lasua iu law - anu equity. It ought to be so.5 There ought to be a judicial power co-exten sive with tiir power onedslationandH ... ... ... ..... ... .o, ... ,. .... . I aco-exicnsive executive power. v itn out this cp-extensivc power, legislation would be useless in a free government Neither domestic; tranquillity, nor uni- e 'a . . 1 ' 1 j . ' - . . - . - lormuy ot ruies anti decisions, can. ie secured without if. . . m ",. t ' -? Jt may be said, (continued Mr. V, j that in this way you overturn State le gislation,; and that they ought to give their own direction to State controvcr Me'y:yytt xbineln, collision with the Constitution and laws of the Union. In every con troversy within any State, arising un der a State law, coming in collision with the Constitution, or with-a law of the United States," the Federal Courts have appellate jurisdiction; He5 felt himself too much exhausted to read a case or two to which he-desied to call the atWntion 'of the Senate But he meant to content liimself with a mere reference to the case of Martinis. v " lr'a lessee, in 1st W'heaton,' p, 7 : ' and the case of Cohens vs. the vmite of Virginia, Cth Wheaton, p,-264, where this point had been decided. If Ipnellate jurisdiction be e-iven the criminal could not be desired vAI I the residuum of jurisdiction remainiFg after theorirfnal jurisdictibn'Kiten in specified cases, to the Supreme Court, might be! exercised in any way by the inferior JCourts that Congress might direct. " These observations were ap plicable to the third : section ;of the bill, which also provides for the exten sion of judicial jurisdiction, by. allow ing the party or officer of th U. State sued in the States Court for fxecuting the laws of the Union, to remove the case to 1 the Circuit Court-'It gives the right to remove at any time ftort triat, but not after "juttment; IitkI btreir given, and thus atl'ecls in no way the dignity- of. the Stale tribunal., Whether in critninid or in civil cases. it - cives.,t!n right of removal, lias tiOn of hethird article tlithe Consti3 . . r - m . . , t tution, speaks of "alt case tn lamut( ann mese - cnmprehetisvve crrver all. He referred to the Matthews Vs. -Zarte. '- 4ttf Cranch, page Which decides that, if tvo citizens of tlie same-State, in a suit in' their Statev court, 'claim-title under the- same act of Congress the Supreme Court has an appellate juris- tioriV .considered jh 'c connection with tlie t Judiciary ' "act ;of '8'j, would not ive it a more estensfye construction tfiafl 1 it -merited aiid tht the .great ofijct was, ta render, llniform. the coiiitrue tion of the laws of the United " States, and decisions under them upon the rights of .individuals and in such case it -was "entirely immaterial that rbnth SI ties twerp citizens .of the same . tat'e. ;f .v': . -f'v v It 'wa -tdmtt-edy by M-r. Harper, Counsel for Bcfendent ih error, that thexercise- of jUrisdrction initach which he had adverted, refers to the character of tlie controversy, without regard to the parties, or the particular foriniOfth&actoh."Te6tjgctof tliti suiL'and not the tribunal, determined the iumdictionWas,;it-t try-tlie vaidityi CaracX: question determined the iurisdiction. J Was it to try any indictment for trca- uiir t , i ttai queuou ueieriuiueu me jurisdiction. It was, more necesssry ed iverj;ritmnal than ovcrw If itwaa.iiotadraittcd4hat the Federal! Judiciary had, jijrjsdictiqn oycrcrimi. iial cases,7then WasuttiltcfioffTHf fi.ed and' sealed forever: for a State would have nothing more to do than to declare an act a felony or a misdemea nor to nullify all the laws of the Union. There were numerous prejudices pre judices pcculiar'to; particular!;Stafcs which-onder any other view, would throw all jurisdiction into "fheS late tribunals; n.T"t'tW lie would put a case to the Southern gentlemen, by way of illustration. It was one whichithey would feel dispos ed to resent, and one to which he felt a repugnajicto. relerbt he would take it as illustrative of the opinio'ns he had ; thrown but.;; ; There was to be found in the Constitution,, a clause which gives the" right to the owner of a slave to pursue tiim from one State to another, and to take him wherever he may find Mm." Now it was, known that there was in soma States a strong feeling on this subject, and that par ticularly ; was : .this.3f nsibility ' tol)e found -irt the State of Pennsytyania, where it was carried' to a very , great extenU;in great party times, he would suppose that a party in Pennsylvania rallied on this great principle.1, Penn sylyania was covered over with zeal ouaand highly j-fispecJtablfl.ftboUtion societies.' He, would suppose that Pennsylvania .carried these feelings to sucli an e xtent, as to pass a law to nul lify this clause in tne Constitution. He stated that he had, in the judicial station which he had occupied,1 had cases brought before him for decision, in which he had felt it to be extremely difficult to keep down this feeling. It had been even contended before him, that the pursuit of the : slave by T his owner, into that State, was an uncon stitutional act. -He f would -suppose that Pennsylvania wa to pass a , law, declaring, ! that the moment a slave sets foot on her1 soil, he shall be at once elevated to the rank and privileges oft freeman, and that thus she should nul lify the clause in the constitution on this point"-" : -. .',".; ; :". ::;7;-.": '. ; 7 It would be deemed very hard by the Southern ' gentlemen that they could not try the question of the constitution ality of J that law before the 'Supreme Court. vAna if the State of Pennsyl vania were to pass' a law imposing a fine of 10.000 dollats and fi years imprisonment on any owner nf av slave found in pursuit of hini.' and that her jurors and judges are all swnrp fo re- gard this law, he would aik whether the United btatei' Courts -could ; not have jurisdiction in this matter, The powerof the Judiciar iy nugaiaryifTit cb throwing the case into the form ot a orfmihat proceeding. ? tic referred r the Senate to the cases of the United States vs. Moore, Sd Cranth p. 159; where jt was admitted that Congress' mi-ht ive the power and to that of . Martin V, Hunter's Lessee, 1 Wlieaton p. 550-r, where It was admitted that criminal are the strongest 'csei.;; .7 V' 1::) ' v The fourth section - of the" bill wti merely-' waterrof AfBrin----Thei,:wa4' no constitutional principle involved iti Irrlt'jhhJy authorized; t!.e Coarii.'t V the Uniii'd States to supply .the want of a copy f the record. It was in' ended... t obiat the dilhoulty which wit l ie-, ly to arise .from! the novel pruvii.n contaioed in the 8ih section of lite K0V pievin law of Sooth . Carolina, ; which makes.it penal io the Clerk to furnili such record. -This, provision. -.'did i!'t. : trieildla Wtih Ihe penalty" of 'aha. Olerb ofi!ve Stat Court, but contented itself .with.pfoiding means tOi supplyjhe tie, fifiermy; -It ' 'iu;HV, '.' 4i ;3u. 'UThe ftfih Section jauthorizes the em ployment of military .force undcr ex- inordinary circumstancee too. power ful to overcome without such sgency,i and to be preceded by the ProcJama tioo of the Fresi debt. .-' What he had al-f ready aaid hid reference alo to this section of. the bill,.--He would now merely refer ths Senate, io some prece, dents, t-;''.;;; i - The first preceden t .Which , he would notice was to be-found ii the Act of M St , ill. r-1792, v6l 2i 284.. repealed' by- fthTVcrof Feb. ir95;f enewihgirm power;to call forth itho militia, which Acf was still in force Hus law grew out -efMhe-Wtern t Insttrrection it PennsylvanisT - Uike the present bill, although it was .merely intended to. meet that exigoncyjit wis -su framed, as to continue in lore. So the bill uu, der cotftideratidn.lltlutuh it Jtad spe. cial relereiiceii J;rplifl,"pjiijV ed not to her alon. - If .the- opposition. f to the: laws should- extend itself,; and; ' the spirit of disobedience should exliib- . it Itself, whether irt; the Snuih 'i"of lha I Jiliilvilii'gensy Jjiltrirl ' would be equally applicable f Jtwai an niendmcnt of our ' code ol". law! to- 'wWclrttrTtfl ?" 1 now been tailed, and .wblch' was reti-s tiered immediately necesary by the pe- : culisrity of our pt eent situation. " . ;Tbe'iecand precetlent to ; whifih JieTr wnuld invite the attention of the Sen 180?, vol. 4, p. M$ ."to suppress' in-, surrection . and obstructions , to ,the Uwi''and JSito caus-;the law- 4. be - - duly executed." 4 That act authorizd " iti&i,4eat.t tlilvAi ftirra la annrtruaa iii.iirarf inn si , then, as in the present bili this extra. Mdiflarrpower t mm TeohtmWLll ". Another precedent, would be found in the Act of Jan. 9. 1809. sec.lU vol. 4, p. 191, to enforce the embargo, and which gives the power to employ the land and naval forces, in general terms to assist the custom house ; officers There was at that moment a great ex-C . ? . .1.1' i . . . citeineni, amiougti noimng like tne so lemn position n whicb South Carolina has now placed herself. Yet it was deemed expedient to confer on the Pie aident this power.. , , . , . ? He would now refer to the last pre cedent with which he should Nouble the Senate,, ,r It so hsppcnediiJO vlhe His- tory or ' Pennsylvania that that State '.- took from Virginia a strip of land bur deringon - th Alleghany and , Oliio ; rivers. On this strip of land where -. Virginia had bcfh'accustomed to ex ercise, jurisdiction, for which , she had opened the titles, and where she had ; held her courts, there arose an insurrec tion.' - This had been railed the Wes tern Insurrection, bat it wis a singular fact that it was confined to this narrow strip of land which Pennsylvania took rrom , Virginia. " The President, was -then authorized to call out the Militia of the State, because tbry were not com nutted against the United States, but -were willining to obey the call. " The " tnanTrwhr)g f'TflWelslofynafiiid ' parallel put himself at the head of these troops to qoeli the insurrection. All . power was placed iri fcis hands by the" -let of Nov. JU. 1794, yot,' S p "4J1, and the President ' was author ixrd to " place In West Pennsylvania corps of 2500 men either drafted mt enlisted.. l:' Tb e sixth section of the bill had re -ference to the replevio law tf South Caridina, and : was justified and ren -dered necessary by the 12th section of that ct which prohibited any' person " ; from hiring "or", permitting, to be used -any building, to serve as a jsil fo the " confinement of any person committed " for a violation nf the revenue laws, un der penally , nf being adjudged guilty of a misdemeanor and fined 1000 r dollars' and imprisoned for one yejr The State law, therefore, closes all the gaols and buildings of South Carolina against prisoners held by process from the United Stales for a refusal to yield obedience to their laws. . It was neces- ' -sary, 'therefore, that iomething should be done. The casfj might not be fully met by the resolutionof 3d March, 1T9I, -vol. 2, p; glflrand this section merely 7 incornorites that provision, without the introduction of any novel principle. ' ' ' The seventh and remaining section of the.bill extends the writ of habeas cor-" pus to a case hot covered by existing U ' m These laws do not extend toany -T other than cases f confinement .under the suihority of the United States, and . when committed for trial before the -' United Stales Courts, or are necessary to testify. He referred the Senate to vol. 2; p. 63, to the 14(h section of the judiciary act -The present section merely exUndcd'the privilegea of thai act, which was so essential to tha pro tection of the liberties of bur' citizens. It extended the act to cases 'of impri. bnment for-executing-tlie,-laws of the ynitedUrti.JVa :? :jr;-?7:' ,'- '.'-S, ' - i - :. 4 .-Ir'i:. ..ton.1'
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 15, 1833, edition 1
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