Newspaper Page Text
Gold aad £aad Retteries.
orps 1/7 2 I; Midas L
Lewis I'ricc 36 3 2; Timothy
mes Hightower 1159 2-1;
HOLD LOTTEDV
I’rizeg drawn, u|i toJou 23.
UHib—John Smith jr 3531 3; John Ellstvorth
661 19 3, Jonathan Vauwaggcuou o62 !3 2; J'.»
it t real .V/O i J; Wio Waitsworth3304 3; John
Perry* orp* J2o320 3{ Win J.nnkley 293 1 1; s-
11 Lay 591 4 3; Lii Frost 2U8 3 4; Solomon
titoco 33 4 1; Ann llaidctt n 600 15 il; Jacob
Johnson 411 14 1; i tio.-* Dundy s o.psfc'tH 33;
Jas K 1>i unet 59c i -J; John Dickson96d21; Er
ne* E Yopge 10 <1 16 3: Dan M‘Cook 411 13 1;
Jesso Smith 503 24; Frederick Holmes 73 16 2;
Robert Dickson 100 21 2: Johnson Done 592 17'
3; M D J Slade 675 4 3; Josiah Dickson 1124 2
1* Guy Champlain970 15 2; Abner Cherry 360
1 1; Andrew Euwur
Graybill 57214 1
K.iiic w “ 14 20
Win fc> 'A tide 174 y 4; Luke J Morg.ui 1223 .3 2;
tiophia Ann Luniott w 741 4 J; liagb M*Load
orp 331 2 4; Alfred Griflia 926 :i 4; Win Low
land 1184 2 3; It I Cheshire 340 3 3; Juliana
'l timer orj> 305 19 2; Wiinda ShinhoLtcr orp
715 2 l; Jos It Crenl 10iy Id 3, Zacli Lamar
«03 20 3; Win E llarroll 564 1G 2.
Hulls—Robert Poiv.-r jr 373 3 3: Win W
iiearst Iu73 2i Alattncw Jinks A;j 1 I. l'hu-
Lyons 708 1 2; JusB Tomliuaou 320 15 2; An-
fiUstus Hodges 278 3 1; Kobt M < m ry 537 3 4:
iiiram Hamilton 63 173; Jtis tiiillius orps 1233
13 2, Daw son Heath 731 J7 2; lSbonius 1 old
*' 13 2 4; \\ in 11 Moore 063 J2 1; Alary Mason tv
ti.'2 2 i; ’.ini Harper (’39 15 2; Joseph ilnrrun
4-3 li; 4, David Jvunbell II 4 1; Litlleherry
Eubank 1932 li j; James C Dunseilh 1025 19
2; James Ciaytousr 401 15 I; Francis Miller 542
1 3.
695 1 2; Alien Crtm 3u8 5
355 1 1; \sa Walls 352 2 I
sou 451 203; M La
I 1*. trick
M‘A tester
taller 628 17 2;
: in in 1 I organ
17 2; lie
is 1205 15
Coodw m
vcrly
2; Je
i‘Strain
\\ iiliaiu-
Nicholas
5 S3 3 i;
A Gridin
.so Johu-
power to enforce it. Such a right, tltough it
may be admitted to pre-exist, and cannot be
wholly surrendered, is necessarily subjected to
limitations in all free governments, and in com-
' pacts oi all kinds, freely and voluntarily enter
ed into, and in which the interest and welfare of
the individual become identified with those of
the community ot which no is a member. In
compacts between individuals, however deeply
they may affect their relations, these principles
arc acknowledged to create a sacred obligation;
and in compacts ol’civil government, involving
the liberties and happiness of millions of man
kind, the obligation cannot be less.
Without adverting to the particular theories
to which the federal compact has given rise,
both as to its formation and the parties to it,
find without inquiring whether it be merely fed
eral, or social, or national, it is sufficient that it
must be admitted to be a compact, and to pos
sess the obligations incident to a compact; to
be “a compact by which power is created on
the one hand, and obedience exacted on the
other; a compact freely, voluntarily, and sol
emnly entered into by the several States, and
ratified by the people thereof, respectively ; a
compact by which the several States and the
people thereof, respectively, have hound them
selves to each other, and to "the Federal Gov-
Nancy Lumas (blind) 952 152; Isaac Justice 593; oruinefit, and by winch the Federal Govern-
I I. L.li.t I‘4t Gl •>. • it -;....* ‘.ih* c * J
In this view, it is a right dependent upon the 'struct those laws, and both the judges and ju-
Suiutiicrs 1247 13 2: r
J •«'<■ it Al-oltrook do 1
731 15 2; Ti.os B Atki
sou 11 -9 20 3; Gideon Coodw in 224 It) 2: Re-
I ccca Lingo w 1 173 3 2: Ma.-i.u A!.tier 3-2 li I.
Henry,G Harris orp ‘179 5 1; Daniel B Snead
132 131; James Modcnsitt 510 3 4; Wm Barron
J225 133; Micajah Sanders 871 16 2; 1» 1 ester
773 15 2; Jus W adsworth 60121 3; LPJouidan
1136 2 4; \\ alker Hern4on 24 51;. John L'avistr
463 13 2; Jas Summers265192; AmliewJ Ow
ens 1114 14 1; Henry Gore 500 3 3; Noah Bais
orps 633 23 3; J 5)‘Donalds orp 1035 21 2; Peter
Glower 804 3 3; S Griswold 107519 2; J Ward
lows orp-. 63 1 2; D .Malone 80] 17 3; J Luis
143 3 2; Samuel Holaday 934 13 3; George V.
Gook 107511 J; J Ai‘Lcrov 817 13 3; Robt Bar-
tees orps 13 34; Bartley M Gox 133 21 2; Lcnj
Page 1176 11 1; Tbos M'Gehca G83 19 2.
.Slonror—J Davis 917 19 2; J Bryant 59 15 I;
Kliz Sinclair w 306 3 4; J 1/ Martin 1126 20 3;
Irwin Searcy 233 4 3; Lobt 1'arkfr 12442 1;
Geo \V Collins 631 193; Jas Aikitts 1078 3 4;
J H .Miller tilti 1-3; 8 Snliivunt i.»dll 1; Thus
B Conner 24 21 3; Wm Stewart 248 16 2; N
•Morgan 70021 3; Wm Bell 596 5 1; A Folwood
25313 in; J L Bussey 57 14 1; Jas P Ellis 958
13 2; E D Wimberly 634 20 3; BcnjDavfe 6 18
2; PM Mills 744 21 3; D Bateman 127 21 3;
Thos Watson 218 II 1; V m liurrisuu 533 3 5;
S Littleton jr 1272 2 2; Jas Merrills orps 371 2
J 1; John Pearson 134 21 2; Jarct Briaut 390 5
1; Kindred Boyd 102933, Win Conibs 698 3 1;
Jane Kussc! w 938 15 2; II F Jackson 1071 2 1; I
ntont is bound to the several States, and to ev
ery citizen cf the United States.” To this
John Duberry 60 17 2? Susannah Pope w* 774 : compact, in whatever mode it may have been
rors of which wili be bound, by tlie import of
oaths previously taken, to treat the Constitu
tion and laws of the L'. States in this respect as
a nullity. Nor has the State made the proper
appeai to public opinion, and to the remedy ol
amendment. For, without waiting to learn
whether the other States will consent to a con
vention, oi, if they do, will construe or amend
the Constitution to suit her views, she has, ol
er own authority, altered the import of that
instrument, and given immediate effect to the
change, lu line, she has shet her own will and
authority above the laws, has made herself ar
biter in her own case, and has passed at once
over all intermediate steps to measures of a-
vowed resistance, which, unless they be' sub
mitted to, can be enforced only by the 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 U-
nion in this emergency, it cannot be overlooked
that there is no sufficient cause for tho acts of
South Carolina, or for her thus placing in
jeopardy the happiness of so many millions of
people. Misrule and oppression, to warrant
the disruption of tho free institutions of the U-
nion, should he great and lasting, defying all
other remedy. For causes of minor charac
ter, the Government could notsnbmit to such ca- any number of inspectors which ho may he
ecutive to execute the laws by all constitutiona.
means, it remains to consider the extent, o.
those already at his disposal, and what it may
be proper lurther to provide.
lutite instructions ol ol the Secretary of the
Treasury to the collectors in South Carolina,
the provisions and regulations made by the at
of 1/99, and atso the fines, penalties, and for
feitures lor their enforcement, are particular.'^
detailed and explained. It may be well appre
hended, however, that these provisions may
prove inadequate to meet such an open, pow
erful, organized opposition as is tube commenc
ed alter the 1st ol February next.
Subsequently to the date of those instruc
tions, and to the passage ol the ordinance, in
formation has been received, from sources en
titled to bo relied on, that owing to the popu
lar excitement in the State, and the eliect ot
the ordinance declaring the execution ot the
revenue laws unlawful, a sufficient .number ol
persons in whom confidence might bo placed,
could hot be induced to accept the ollice ol in
spectors, to oppose, with any probability of suc
cess, tho force which will, no doubt, be used
when an attempt is made to remove vessels
and cargoes lrom the custody of tho officers ot
the customs; and iudeed, that it would be im
practicable lor the collector, with the aid of
.ct, in broad and unouali cd terms, makes it
no duty of the Sheriff “to prevent such recan-
;ure or seizure, or to redeliver the goods, as tU
ase may be,” “even under any process, order
r decree, or other pretext contrary to the true
intent and meaning of the ordinance aforesaid."
.1 is thus made the duty >; the sheriff to
3 4; Michael V Nash 207 17 4; I) M C William
son 371 2J 3; Henry Simmons 652 21 3; Wyatt
Tlios Kirk 394 17 3; John Loin 161.2 3; Jame
powers originally
possessed by the parties thereto, but also upon
tastrophe, with a violation of its most sacred
obligations to tho other States of the Union
who have submitted their destiny to its hands.
There is, in ihc present instance, no such
cause either in the degree of misrule or op
pression complained of; or in hoplessness of re
dress, by constitutional moans. Tho long sanc
tion they have received from the proper author
ities and from the people not less than the un
exampled growth and increasing prosperity of
so many millions of freemen, attest that no such
oppression as would justify or even palliatesuch
a resort, can be justly imputed either t.> the pre
sent policy or past measures of thd Federal
Government. The same mode of collecting
duties, and for the same general objects, which
began with the foundation of the Government,
and which has conducted the country through
its subsequent steps to its present enviable
condition of happiness hud renown, has not been
changed. Taxation and representation—the
great principles of the Amerioan revolution—
have continually gone hand-in hand; and at all
times, and in every instance, no tax of any
kind has been imposed without their participa-
ich is one of; tion—and, in some instances, which have been
j Reese 16J 212y E Thornton 953 14 1; M Porter j those conferred on the Government, and every
be freely con-
our system, all
nit to be exer-
to the checks
have prescribed,
only different
popular princi-
foundation of the whole,
account, to be less regard-
fi,.. S Ashley 7102 4; jSa Rowe j^78 Id {{I^ 702 1 * P»« which lies at the
3; Cco J ShepUc.-d 162 12 i; < Jcmcut Hancock ' v A) Wadsworth o69 o 1; barah ILvcrs w /o9 b(Jt arc nQtj on t j irU a
, ;.i 17 -i, Jar, ;d James755 3 2; Henry T Hoot- ^ 1; Cnns K»mt 6 .3 i n. e( j of ] t ^sobligatory.
oil 571 1 4; Juba ritvutbridgo 1027 3 3; Alord j
Al*Gehco7d2 1; Isaac .dills 993 19 2; Sr.nlx
Seaborn
llryant 947 2 i; Julia G l*ciry 913 4 3; Jona-
tltan Thomason 7ul 19 2; Seaborn J. I.atircucc
:t!32tl3; Win Kolie.liol2 12 JL; \V Preston 1066
-AM 2; J>cuj Unison 12
PilESlDENT S MESSAGE.
Concluded.
By these various proceedings, therefore, the
I State of South Carolina has forced the General
3 4; Luo,h' 1:"oS J 1 1} l Jc!so Government, unavoidably, to decide the new
yjj and dangerous alternative ot pennitms-a -Slate
t\iyilte—CmU » 'orlius w 91 1 2; Win 11 Ay- to obstruct the execution of the laws within its
rca 836 2o 3; John Gilliland 1052 21; Daniel limits, or seeing it attempt to execute a threat
" ones of withdrawing lrow the Union. That portion
I -I of die people at present exercising the authori-
,'ook 4.J2 19 3; Irvin frpraihin 8-.9 4 3; Janies
Cummins sr lu/6 173; tico P Parker 744
Jt>Mi llollingswurth 749 11 1; Chanty Finley w
929 2 i; Jas li \\ ilhatns 1136 19 3; Lewis Davis
293 212; Archibald Saiilh 687 2 2; Win Davis i . . ,
911 17 3; Will .m Andress 524 14 1; Simon I termination to do one or the other.
Whitaker26617 4; Cyras H Curler 111 2 1; ill
ty of. the State, solemnly assert their right to
do oirher, and as solemnly announce their dc-
In my ep'nion, both purposes are, to bo re-
Sparks 188 3 2; Wm Reeves 1039 14 I; Isaac j garded as revolutionary in llioir character and
tendency, and subversive of ihe supremacy of
tho laws and of the integrity of the Union.
The result of each is' the Sam *; since a State,
in which, by an usurpation of power, tho con
stitutional authority of the Federal Govern
ment is oponly defied and set aside, wants ou-
1222 19 *2, iVit-Tv Carl-1 ty die form to be independent of the Union.
Folsom 82319 3; Sami | The right of the ppople of a single State to
absolve themselves, at will, and without the
by 420 162; Wm Adler 51 consent of die other States, from their m st
V. alii.op 747 20 3; Neat Moses 303 4 1; John
Ovoi-ion 140 13, Cbas Easters 888 2 3; Lavnaii
Jle.ul H7 4 I; .M W Joliiuou w 817 4 3; Julia
Ch i in burs 1267 21 3; Richard M Pylo 636 15 2;
-Jonu SMkrs 96 172; Lewis G Smttn 72-1 17 3;
John K Jones 336 19 3; Sami Chambers 1099
4 J; Jolm Dubois 920 18 2; .F M*1 livcutu h
367 21 3; .Mary Aver a w
ton 1077 19 3, licujamiu
Tru.t 195196.
Ifnnf—A
-i> Parrish 110°1^7 Aden 3 Dyw 9 l(ir 5 H Maje^ | tv « believed to be utterly repugnant, both to
Winlo w 120 3 4; Klyab Bailey 9r9 17 2, John ! the principles upon which tbe General Gov
Upon die power of Congress, the veto o^ the
Executive and the authority of tho Judiciary,
which is to extend to all cases in law and equi
ty, arising under the Constitution and the laws
of the United States made in pursuance there
of, ore the obvious checks; and the sound ac
tion. of public opinion, with the ultimate power
of amendment are the salutary and onty limita
tions upon the powers of the whole."
However it may be alleged ^hat a violation
of the compact by the measures of the Gov
ernment can afiect the obligations of the par
ties, it cannot even be pretended, that such vi
olation can be predicated of those measures un
til all the constitutional remedies shall have
been fully tried. If the Federal Gbvcrnment
exercise powers not warranted by the Consti
tution, and immediately affecting individuals, it
will scarcely be denied that the proper remedy
is a recourse to the judiciary. Such undoubt
edly, is the remedy for those who deem tho acts
of Congress laying duties and imposts and pro
viding lor their collection, to be unconstitution
al. Tho whole operation of such laws is upon
the individuals importing the merchandize ; a
State is absolutely prohibited from Hying im
posts or duties on imports or exports without
tho consent of Congress, and cannot become a
party under these laws without importing in her
own name, or wrongfully interposing her au-
thority against them. By thus interposing
. li/.Yiai p w JO 10 19 ~~ John i p*®ssiw * n their operation, the Constitution it- I individual should be prosecuted for any offence
11 Lutnm 857 2l 3; Thou llnmbrtck 1040 2 3;
Jus M Foster.f79 13; R N Flemming 535 3 1;
Samuel Parker; 97 193; IVtu Andrews 920 18
3; Jas Gntimnu 167 173; John Vaughn 169 15 I;
Andrew awau J226 33; Win Maugham h f/76
2 3; Sami Gray t2i 2 I; Duncan M'Vicker 1163
3 4; Win S Fears i;76 11 1; Kobt G Duke 371 2
2; \\ m \V W ihi.-im* 4u8 4 3; Silvester Juuier
1233-21 3; FruucisMiller661 17 2; Burges Jos-
ter c9J 2 4; Lewis W alker 240 1 4; Alirtiu L
Kiiif.iFJ 4 3; Jos ri Hughey n f 9703 1; Francis
Cook 226 17 0< Hardy 8u;iiU1107 3 3; Joseph
i'.ii.i.h i s.M 21 itti.K-rl .*1It \ 112 t93; J.n
S.ixonT19 2 4; rioaborn Gi-tnry 503 21 3; Josh
ua -Y Du.Bmi 937 16 2; \\ 111 X‘ Crawford 158 1/
2; Albort Peoples 5853 2.
Houston—lave 11 ear Wells 4574 3; 8 Sikes w
£67 3-1; Abner ISurnani 828 20 3; Hopson Law
Ol)j 3 1; ll» ea Bailey cOI 3 2: Thomas Willoby
821 14 1; Jiuey lfn^anw 538 3 Edward Brooks
757 A'J 3; Turner Sniiti>732182; EzekieJ Rpvol
■thi.-* :« -1: liavul Halliburton 527 19 2; Robert
Johnson 56 3 il; Zacharioh .Mott 320 J 2; Win
1> vVliitobead 461 17 3; Lewis J Ramsoy 278 2
{J- Win Roberson 1V>.5I; Will F O'Neal 26<>2I
3; Nalhmiel Gilo* 470 14 L; Zadock W atson 739
'Wm F Cotili 123 J.>1; JamosN Owens 17212 I
Joab Gates 37 19 2; John <1 John 415 17 2; Wm
JoLimiss i"j)'62 17 2; iiiisiii Cults 1229 3 4;
Kii/.-i mo 1 <.-• .1 -3 I 2; .Mary (’besiiutcn;
Otis 2 4; Aedei ou Barker 4192 if. I'erry 1‘ea-
«ock 9it; 2 4; Win Ci»c»mit I1W 51; Win M a
il.m^ai a 1 ;:!6 1 J. Joiin Chancy 803 2 4; Jo.sse
F W'ulsou 12. i 17 3; Alex Smith 817 16 2;' Ja
cob G Dumi 782 5 1; Jas Vinson 52ii 19 3; Jus
Jl.tkios JO 12 J62; \\ m Smith JI33 18 3.
Jones—Jii-i M ll.uinu.uk J34 1 3; lilenzer
. Fmilh 505 3 4; John M*Leroy 1101 21 2; Luke
Wiifloui* J161 19 2; Joseph Board 764 18 3; Juo
JUeasIfT 477 1 2; Henry Noble* 916 li J; Levi
Mullin* 375 48 1; Gousc Jordan 1171 193; John
.Jtnir/I.in 11/82 3; Jesse Sloeomb 337 152; Jas
W. ii-worth 382 16 4; Dennis Jester 441 14 1;
Jiiinej Jlsrnes 438 J 4; Frederick Newton 489 17
4k. Wn> II Ingram 43B 3 3; Thus Johnson jr J86
'JJ I*; John Coon on ,395 15 2a Wiley G Brody
self has prescribed the modes of r. dress. It is
the acknowledged attribute of the free institu
tions, that, und- r them, tho empire of reason
and law is substituted for the power of tho
sword. To no other source can appeals for
suppose wrongs bo made, consistently with
tito obligations of South Carolina; to no other
can sucii appeals be made with safety at any
time; and to their decisions, when conslitu-
against the laws, he could not set up, in justifi
cation of his act, a law of the State, which, be
ing unconstitutional, would therefore bo regard
ed as null and void. The law of a State can
not authorize the commission of a crime against
tho United States, or any other act which, ac
cording to the supreme law of the Union, would
be otherwise unlawful. And it is equally clear,
that, if there be any case in which a State, as
ti&nally pronounced, it becomes the duty, no j such, is affected by the law beyond tho scope
less of the public authorities,than of thepeo- ofjudinial power, tho remedy consists in ap-
!■
pie, in every case to yield to a patriotic sub
mission.
That a State, or any’ other great portion of
the people, suffering under long and intolera
ble oppression, and having tried all constitu
tional remedies Without the hopo of redress,
may have a natural right, when their happiness
can be no otherwise secured, and when th ey
can do so without greater injury to others,
to absolve themselves from their obligations to
the Government, and appeal to tlie last resort,
tv-i'fl-- not, on the present occasion, be denied.
The existence of this right, however, must
depend upon tiie causes which may justify its
exercise. It is the ultima retio, which presup
poses that the proper appeals to all other means
of redress have been made in good faith, and
which can never be rightfully resorted to unless
it be unavoidable. It is not tiie right of the
State, but of the individual, and of ail the in
dividuals in tho State. It is the right of man
kind generally to secure, by all means in their
power, the blessings of liberty and happiness;
but when, for these purposes, any body of men
have voluntarily associated tliemselves under a
peculiar form of government, no portion of
them can dissolve the associatic-n without ac
knowledging the correlative right in the remain
der to decide whether that dissolution can be
perojittedconsistentwith the gertral happiness.
peals to the people, either to effect achange in
the representation, or to procure relief by an
amendment of the Constitution. But the
measures of tho Government are to he recog
nized as valid, and, consequently, supreme, un
til these remedies shall have been effectually tri
ed; and any attempt to subvert those measures,
or to render the laws subordinate to State au
thority, and, afterwards, to resort to constitu
tional redress, is worse than evasive. It would not
be aprcrjft'r resistance to “a government of un
limited powers " as has been somtimes pretend
ed, but unlawful opposition to tho very limita
tions on which the harmonious action of the
Government and all its parts absolutely dc-
nends. South Carolina has appealed to none
of these remedies, but, in effect, has defied them
all. While threatening to separate from the U-
nion if any attempt be made to enforce the rev
enue laws otherwise than through the civil tri
bunals of the country, she has not onty not ap
pealed in her own name to those tribunals
which tlic Constitution has provided for all ca
ses In law or equity, arising under the Consti
tution and laws of the United States, but has
endeavored to frustrate their proper action on
ner citizens h, drawing the cognizance of cases
under the revenue laws to her own tribunals,
specially prepared and fitted for the purpose of
enforcing tbe acts passed by the State to ob- ■
complained of, with the express assent of a part
of the representatives of South Carolina in the
councils of the Government. Up to the pre
sent period no revenue has been raised beyond
the necessary wants of the tourttry, and the au
thorized expenditures if the Government. And
as soon as the burthen of the public debt is re
moved, those charged with the administration
have promptly recommended a corresponding
reduction of revenue.
That ibis system, thus pursued, has resulted
in no such oppression upon South Carolina,
needs no other proof than the solemn and offi
cial declaration of the late chief magistrate of
tiiat State, in his address to the Legislature.
In that he says, that “the occurrences of the
past year, in connection with our domestic con
cerns, are to be reviewed with a sentiment of
fervent gratitude to the Great Disposer of hu
man events; that tributes of gTateful acknowl
edgment arc due for the various and multiplied
blessings he has been pleased to bestow on our
people ; that abundant harvests in every quar
ter of the State have crowned the exertions of
agricultural labof; that health, alnioSt beyond
iormer precedent, has blessed our homes ; and
that there is not less reason for thankfulness in
surveying our social condition.” It would in
deed be difficult to imagine oppression where,
in the social condition of a people, there was
equal cause of thankfulness, as for abundant
harvests, and varied and multiplied blessings
I with which a kind ^Providence has favored
them.
Independently of these considerations, it will
not escape observation, that South Carolina
stiff claims to be a component part of the U-
nion; to participate iff th£ national councils,
and to share in the public benefits, without
contributing to the public burthens thus assert
ing the dangerous anomatyof continuing in'an
association without acknowledging any other
obligation to its laws than what depends upon
her own will
In this posture of affairs the duty of the Gov
ernment, seems to be plain. It inculcates a
recognition of that State as a member of’ the
Union and subject to its authority, a vindica
tion of tho just power of the Constitution, the
preservation of tho integrity of the Union and
the execution of the laws by all constitutional
means.
The Constitution, which his oath of office o-
bligcs him to support, declares that the Execu
tive “shall take care that the laws be faithfully
executed,” and, in providing that lie shall from
time to time,'give to Congress information of
the state of the Union, and rcc imtnend to their
consideration such measures as he shall judge
necessary and expedient, imposes the addition
al obligation of recommending to Congress
sucii more efficient provision for executing the
laws as may from time to time be found requis
ite.
The same instrument confers on Congress
the power not merely to lay and collect taxes,
duties, imposts and excises; to pay the debts
and provide for the common defence and gen
eral welfare; but “to make all laws which
shall be necessary and proper for carrying in
to effect the foregoing powers, and all other
powers vested by the Constitution in the Gov
ernment of the United States or in any depart
ment or officer thereof,” and also to provide for
calling forth the militia for executing the laws
of the Union. In all cases similar to the pres
ent, the duties of the Government become the
measure of its powers: and whenever it fails
to exert a power necessary and proper to the
discharge of the duty prescribed by the Consti
tution, it violates the public trust not less than
it would in transcending its proper limits. To
refrain, therefore, from the high and solemn
duties thus enjoined—however painful the per
formance may be—and thereby tacitly permit
the rightful authority of the government to be
contemned and its laws obstructed by a single
State, .would neither comport'w’ith its own saf-
ty nor the rights of the great body of American
people.
It being thus shown to be the duty of thp JSx-
autliorized to employ, to preserve the custody
against suclt an attempt.
The removal of tho custom house from
Charleston to t'astie Pinckney, was deemed a
measure ol necessary precaution ; an ! though
the authority to gtvo that direction is not ques
tioned, it is nevertheless apparent that a simi
lar precaution cannot be observed in regard to
the ports ot Georgetown and Beaufort, each of
which, under the present laws, remains a port
of entry, and e.tposcd to the obstructions med
itated in that quarter.
In considering the best means of avoiding
or of preventing the apprehended obstruction to
the collection ol the revenue, and the conse
quences which may ensue, it would appear to
be proper and necessary, to enable the officers
of tbe customs to preserve the custody of ves
sels andtheir cargoes, which by the existing laws
they are required to take, until the duties to
which they are liable shall he paid or secured.
The mode by which it is contemplated to ca
ptive them of tiiat custody is the process of
replevin, and that of capias in withernam iu
the nature of a distress from the stale tribunals
organized by the ordinance.
Against tho proceeditig in the nature of a j.
distress, it is not perceived that the collector ! extent contemplated by the act, can be proper-
°PP 0S1
die process of the courts ol the United States
and lor that purpose, if need be, to employee
whole power of the country. And the act ex
pressly reserves to him atl power, which inde-
.■jendently ol its provisions, he could have used
in this reservation it obviously .contemplates a
resort to other means than ii.cse particularly
mentioned.
It is not to be disguised, that the power which
it is thus enjoined upon the slieriii to employ,is
nothing less than the posse cMiunitatus, in all the
rigot of the ancient common law. This power,
though it may be used against unlawful resist-
ance to judicial process, is in its character for
cible, and analogous to that conferred upon the
marshals by tho act of 1795. It is, in ('act, the
embodying of the whole mass ol.the population
under the command of a single individual, to
accomplish by tiieir forcible aid, what could not
he elfected peaceable and by the ordinary means.
It may property be said to be a relict of t! cj«
ages in which the laws coidd be defended rather
by physical than moral force, and, in its origin,
was conferred upon the Sheriffs of England, (a
enable them to defend their country against a-
ny of the king’s enemies when lltey’ canto into
the land as well as for the purpose of executing
process. In early and less civilized tunes, it
was intended to include “tiie aid and attendance
of all knights and others who were bound r>
have harness.” It includes the right of goin»
with arms and military equipment, and embra
ces larger classes and greater masses of popu
lation than can be compelled by the laws of
most of the States to perform military duty. If
the principles of the common law arc recognized
in South Carolina, (ttnd from this act it would
seem they arc,) the power of summoning the
posse comitatus will compel, under the penalty
of lino and imprisonment, every man over tli >
age of fifteen, and able to travel, to turn out, at
the call of the sheriff, and with such weapons as
may be necessary; audit may justify beatieg
and even killing, such as may resist. The use
of tk e posse comitatus is, therefore, a direct ap
plication of force, and cannot be < therwisc rc- ]
garded than as the employment cf the whole
militia force of tho country, and in Un equally
efficient form, under a different name. No |
proceeding which resorts to this power, to the
ly denominated peaccakl
The act of South Carolina, however, dosi
not rely altogether upon this-forcible remedy.
For even attempting to resist or disobey—
though by the aid only of tho ordinary officer!
of the. customs—the process of replevin, the
coileetor and all concerned are subjected to a
further proceeding, in the nature of a distress
of their personal effects, and are, moreover,
made guilty ol a misdemeanor, and liable to be
punished by a fine of not less than one thousand
nor more titan live thousand dollars, and to
imprisonment not exceeding
not less than six months
tempting to execute the order of the court fer
two years, aad
and for even at-
can interpose any resistance whatever and a-
gaiust ihe process of replevin authorized by the
law of the state he having no common Jaw pow
er, can onty oppose sucii inspectors as he is by
statute authorized and may find it practicable
to employ; and those front the information al
ready adverted to, are shown to be wholly in
adequate.
If the authorities of Soutlt Carolina had not
obstructed the legitimate action of the courts of
the United States, or if they had permitted the
State tribunals to administer the law accord
ing to their oath under the Constitution and the
-regulations and laws of the Union, the Gener
al Government might have been content to
look to them for maintaining the custody", and
to encounter the. other inconveniences arising
out of the recent proceedings.! Even in that
case, however, the process of replevin from the
courts of the state would be irregular an 1 un
authorized. It has been decided by" the Su
preme Court of the United States, that the
courts of the United States have exclusive ju
risdiction of all seizures made on land or water,
for a breach of the la\vs of the United States,
and any intervention of a State authority which
by taking the thing seized out of the hands of
the United States officer, might obstruct the ex
ercise Of the jurisdiction, is unlawful: that in .
such case, tho Court of the United States, hav- cient aid to retake tiie property, pursuant
ing cognizance of the seizure, may enforce a the order, or the process of the court,
re-delivery ol the thing by attachment or other ! It is, moreover, obvious that in ibis conflict
summary process; that the question tmdcrsuch between the powers of the officers of the Uni-
a seizure, whether a forfeiture has been actu- ted States and of the State, (unless the latter
ally incurred, belongs exclusively to* the courts j be passively submitted to) the dcs:ruction to
of the United States, and it depends on their j which the property of the officers of the cus-
final decree, whether the seizure is to be deem- i toms would be exposed, the commission of ac-
ed rightful or tortuous; and that not until the j tual violence, and the loss'of lives, would be
seizure be finally judged wrongful and without j scarcely avoidable.
retaking the property, the marshal, and all as
sisting, would be-guilty ol a misdemeanor, and
liable to a line, of not less than three thousand
dollars, nor more than ten thousand,’ and to
iapntMMBWit, not exceeding two years, nor less
than one; and in case tiie goods should be re
taken under such process, it is made the abso
lute duty of the Sheriff to retake the
it is not to be supoos
these penalties, aided
d th
the face df
u'l torce 0;
tho country, which would dcuL'.kss be brought
to sustain the State officers, cither that the col
lector would retain the custody in the first ins
tance, or that tbe marshal could summon suffi-
to
probable cause by the courts of ihe United
States, can the party proceed at common law
for damages"in. the State courts.
But, by making it “unlawful* for any of the
constituted authorities, whether of the United
States or of the State, to enforce the laws for
the payment of duties and declaring tiiat all
judicial proceedings which shall be hereafter
had in affirmance of the contracts made with
purpose to secure the duties imposed by the
said acts, are, and shall be held utterly null and
void,” she 1ms in effect abrogated the judicial
tribunals within her limits in this respect, has
virtually denied the United States access to the
courts established by tiieir own laws, and de
clared it tnila'wful for the judges to discharge
those duties which they are sworn to perform.
In lieu of these, she has substituted those Stale
tribunals already adverted to, the judges where
of arc n t merely forbidden to allow an appeal,
or permit a copy of their records, but arc pre
viously sworn to disregard the laws of the U-
nion, and enforce those only of South Carolina;
and, thus deprived of the function essential to
the judicial character, of inquiring into tho val
idity of the law, und the right of tho matter,
become merely ministerial instruments in aid of
the concerted obstruction of the laws of the
Union.
Neither the process nor authority of these
tribunals, thus constituted, can Lie respected,
consistently" with the supremacy of the laws, or
the rights and security of the citiz< n. If the-,
be submitted to, tbe protection due from the
Government to its officers and citizens, is with
held, and there is, at once, an end, not onlv t<
the laws, but to the Union itself.
Against such a force as the sheriff may. am!
which, by. the replevin law of South CaroVim
it is his duty to exercise, it canno» be expected
that a collector can retain his custody witi
the aid of the inspector*. such c h }
true, it would be comment to .ssue suits in
the United States Courts against those engaged
m the unlawful proceeding; or, the propert.
might be seized for a violation of the revenue
laws, and being libelled in the proper courts,
an order might be.made for its delivery, whic
would be committed to the marshal for execu
tion, But, in that case, the 4th section of tne
1 Under these circumstances,.and the provis-
: ions ol the acts of South Carolina, tiie exteutiou
i ot the laws is rendered impracticable even
through the ordinary judicial tribunals of tbe
I United States. Tuero would certain]v he few
er difficulties and less opportunity of actual c 1*
lison between the officers of the United States
and of the State, and the collection of the rev
enue, would be more effectually secured—if in
deed it can bodone in any other way—hypla
cing the custom-house beyand the immediate
[lower of the country".
For this purpose, it might be proper topror I
vide that whenever, by any unlawful combina- [
tion or obstruction in any State, or any port, I
it should become impracticable faithfully tciol- ^
lect the dutks, the President of tho United •
States should be authorized to aiter and abol
ish such of the districts and ports of entry as
should be necessary, and to establish tin.* *cas-
tom-house at Some secure place within sonic
port or harbor of such State ; and iu sucii case;
it should be the duty of the collector to reside
at such place, and to retain all such vessels and
cargoes until tho duties imposed bv law should
be properly secured or paid in cash, deducting
interest; tl>at in such cases it should be unlaw
ful t( j take the vessel and cargo from the custc- f*|
dy of the proper officer of the customs, unless
by process from the ordinary judicial tribunals
ot the United States ; and that in case of an
attempt otherwise to take the property bv
force too great to t>e overcome by the officers
of customs, it should be lawful to protect the
oossessiojis of the officers by the employment
>f the la.yid and naval forces and the militia,
uu'ler provisions similar to those authorized by
he 11th section of the act of tho 9th January,
1809.
The provision, however, would nit shield
the officers and citizens of tho United States,
acting under the laws, from suits and prosed 1 '
ions, in the tribunals ol the State, which niigh*
thereafter be brought against them, nor would
if protect their property from the proceeding
■ >y distress, and it may wfcll be apprehended
that it would be insufficient to ensure a proper
respect to the progress of the constitution^
tribunals in prosecutions for offences again?
•he United States, whether judicial or -minisf**