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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**