Indiana Palladium, Volume 9, Number 3, Lawrenceburg, Dearborn County, 2 February 1833 — Page 2

Subsequently to the date of tboge instructions and to the parage of the Ordinance,

information has been received from sources entitled !o be relied on, that owing to the popular excitement in the State, and the effect of the Ordinance, declaring the execution of the revenue laws unlawful, a sufficient number of persons in whom confidence might be placed, could not be induced to accept the office of Inspectors, to oppose with any probability of success, the force which will no doubt be used when an attempt is made to remove vessels and cargoes from the custody of the officers of the Customs, and indeed that it would be impracticable for the Collector, with the aid of any number of Inspectors whom he may b3 authorized to employ, to preserve the custody against such an attempt. The removal of the Custom House from Charleston to Castle Pinckney, was deemed a measure of necessary precaution; and though the authority to give that direction is not questioned, it is nevertheless, apparent, that a similar precaution cannot be observed, in regard to the ports of Georgetown and Beaufort, each of which, under the present laws, remains a port of entry, and exposed to the obstructions meditated in that quarter. In considering the best means of avoiding or of preventing the apprehended obstruc tion to the collection ot the revenue and tho consequences which may ensue, it ap pears to be proper and necessary to enable the officers of the customs to preserve the custody of vessels and their cargoes, which, by the existing laws they are required to take, until the duties to which they are na ble shall be paid or secured. The mode by which it is contemplated to deprive them of that custody is the process of replevin and that'of capias in withernam, in the nature of a distress irom me aiaie inounais organized by the Ordinance. Against the proceeding in the nature of a distress it is not perceived that the Collector can interpose any resistance whatever; and against the process of replevin authorized by the law of the Stale, he, having no com mon law power, can only oppose such inspectors as he is by statute authorized, and may find it practicable, to employ; and these from the information already adverted to are shown to be wholly inadequate. The respect which that process deserves must therefore be considered. . If the authorities of South 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 according to their oath under the Constitution, and the regulations of the laws of the Union, the general government might have been content to look to them for maintaining the custody, and to encoun ter 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 and unauthorized. It has been decided by the Supreme Court of the United States, that tho Courts of the United States have exclusive jurisdiction of all seizures made on land or water for a breach of the laws 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 exercise of this jurisdiction is unlawful; that in such case the Court of the United States having cognizance of the seizure may enforce a re-delivery of the thing by attachment or other summary process; that the question under such a seizure whether a forfeiture has been actually incurred belongs exclusively to the Courts of the United States, and it depends on the final decree whether the seizure is to be deemed rightful or tortious; and that not until the seizure be finally judged wrongful and without probable cause by the courts of tin United States, can the party proceedjat common law for damages in the State courts. But by making it "unlawful for any of the constituted authorities, whether of the Uni ted States or of the State, to enforce the laws for the payment of duties, and declaring that all judicial proceedings which shall be hereafter bad in affirmance of contracts made with purpose to secure the duties imposed by the said acts, are and shall be held utterly null and void, she has in effect abrogated the judicial tribunals within her limits in this respect has virtually denied the United Slates access to the courts established by their own laws, and declared it unlaw- . ful for the Judges to discharge those duties which they are sworn to perform In lieu of these she has substituted those state tribunals already adverted to, -the Judges whereof are not merely forbidden to allow an appeal or permit a copy of their record, but are previously sworn to disregard the laws of the Union, and enforce those only of South Carolina; and,, thus deprived of the inction essential to the judicial character, of inquiring into the validity of the law and the right of the matter, become merely ministerial instruments in aid of the concerted obstruction of tho laws of the Union. Neither the process nor authority of these tribunals, thus constituted, can be respected consistently with the snpremacy of the laws or the rights and security of the citizens. If they be submitted to, the protection due from the government to its officers and citizens is withheld, and there is at once an end, not only to the laws, but to the Union itself. Against such a force as the Sheriff may, and which, by the replevin act of South Carolina, it is hrs duty to exercise, it cannot be expected that a collector can retain his custody with tha aid of the inspectors. In such case, it is true, it would be competent to institute suits in the United States Courts against those engaged in the unlawful procluing; or uic property mignt uo seized for a viohticn of the revenue laws-, and hn. Ing libelled in the proper courts, an order might be made for its re-delivery, which ttould committed to the Marshal for txe-

ciHion. But la that case the th ssclion of the act, in broad and unqualified terms, makes it the duty of the Sheriff "to prevent

such recapture or seizure, or to re-deliver the goods, as the case may be," even "under any process, order or decrees, or other pretext contrary to the true intent and meaning of the Ordinance aforesaid." It is thus made the duty of the Sheriff to oppose tho process of the Courts of the United States, and for that purpose, if need be, to employ the whole power of the county: and the act expressly reserves to him all power, which, independently of its provisions, he could have used. In this reservation it obviously contemplates a resort to other means than those particularly mentioned. It is not to be disguised that the power which it is thus enjoined upon the Sheriff to employ is nothing less than the posse comitates, in all the rigor of the ancient common law. This power, though it may be used against unlawful resistance to judicial process, is in its character forcible, and analagous to that conferred upon the Marshals by the act of 1795. It is in fact the embodying of the whole mass of the population under the command of a single individual, to accomplish by their forcible aid what could not be effected peaceably and by the ordinary means. It may probably be said to be a relict of those ages in which the laws could be defeated rather by physical than moral force, and, in its origin, was conferred upon the Sheriffs of England to enable them to defend their country against any of the King's enemies when they come into the land, as well as for the purpose of executing process. In early and less civilized times, it was intended to include "the aid and attendance of all the knight3 and others who were bound to have harness." It includes, the right of going with arms and military equipments, and embraces larger classes and greater masses of population than can be compelledxby the laws of most of the States to perform military duty. If the principles of the common law are recognized in South Carolina, (and from this act it would seem they are,) the powers of summoning the posse comitatus will compel, under the penalty ot tine and imprisonment, every man, over the age of fifteen and able to travel, to turn out at the call of the sheriff, and with such weapons as shall be necessary; and it may justify beating and even killing such as may resist. Tho use of the posse comitatus is therefore a direct application of force, and cannot he otherwise regarded than as the employment of the whole militia force of the county, and in an equally efficient form, under a different name. No proceeding which resorts to this power, to the extent contemplated by the act, can be properly denominated peaceable. I ho act ot bouth Carolina, however, does not rely altogether upon this forcible remedy. For even attempting to resist or dis obey, though by the aid only of the ordi nary officers of the customs, the process of replevin, the collector and all concered are subjected to a further proceeding in the nature of a distress ot their personal effects, and are moreover made guilty of a misde meanor and liable to be punished by fine of not less than one thousand nor more than five thousand dollars, and to imprisonment not exceeding two years nor less than six months; and for even attempting to execute the orders ot the court for retaking the property, the marshal and all assisting would be guilty of a misdemeanor and be liable to a fine of not less than three thousand dollars, nor more than ten thousand, and to impris onment not exceeding two years nor less than one; and in case the goods should be retaken under such process it is made the absolute duty of the Sheriff to retake them. It is not to be supposed, that in the face of these penalties aided by the powerful force of the county which would doubtless be .brought to sustain the State officers, either that the collector could retain the custody in the first instance, or that the mar shal could summon sufficient aid to retake tho property pursuant to the order or other process of the courts It is moreover obvious that in this cofiict between the powers of the officers of the United States and of the State, (unless the latter be passively submitted to,) the de struction to which the property ot the offi cers of the customs would be exposed, th commission of actual violence, and the loss of lives, would be scarcely avoidable. Under these circumstances, and the pro visions of - the acts of South Carolina, the execution of the laws is rendered impracti cable, even through the ordinary judicia tribunals of tne United States. There would certainly be fewer difficulties and less opportunity of actual collision between the officers of the U States and of the State and tho collection of the revenue would be more effectually secured if indeed it can be done in any other way by placing the custom-house beyond the immediate power of the county. For this purpose, it might be proper to provide, that whenever, by any unlawful combination or obstruction in any State, or in any port, it should become impracticable faithfully to collect the duties, the President of the United States should be author ized to alter and abolish such of the districts and ports of entry as should be necessary, and to establish the custom-house at some secure place within the same port or harbor of such State; and in such cases, it should be the duty of the collector to reside at such place, and to detain all vessels and cargoes until the duties imposed by law be properly secured, or paid in cash deducting interest; that in such cases it should be unlawful to take the vessel and cargo from the custody of the proper officer of the customs, unless by proce3 from the ordinary judicial tribunals of the U. States; and that in casa of an attempt otherwise to take the property by a force too great to be overcome by tne otnccrs of the customs, it should be lawful to protect the possession of the officers by the employment of the hod and naval furcss

and militia, under provisions similar to Uioce

authorized by the 11th section of tho act of the 9th of January, 1609. This provision, however, will not shield the officers and citizens of the United States acting under the laws from suits and prosecutions in the tribunals of the State which mifiht thereafter be brought against them: nor would it protect their property from the proceeding by distress: and it may well be apprehended that it would be inefficient to insure a proper respect to the process of the constitutional tribunals in prosecutions for offences against the U. States, and to protect the authorities of the U. States, whether judicial or ministerial, in the performance of their duty. It would, moreover, be inade quate to extend the protection due from the government to that portion of the people of South Carolina against outrage and oppres s:on ot any kind, who may manifest their attachment and yield obedience to the laws of the Union . It may therefore be desirable to revive, with some modifications better adapted to the occasion, the Gth section of the Act of he 3d March, 1S15, which expired on tho 4th of March 1817, by the limitation of that of 27th of April, 181b, and to provide that iny case where suit shall be brought against any individual in the Courts of the State for any act done under the laws of tho United States, he should be authorized to re move the said cause by petition into the Circuit Court of the United States, without any copy of the record, and that that Court should proceed to hear and determine the same as if it had been originally instituted herein; and that in all cases of injuries to ho persons or property of individuals acting under the laws of tho United States for dis obedience to tho ordinance and laws of South Carolina in performance thereof, rcIress may bo sought in tho Courts of the jnitcd States. It may be expedient, also, by modifying he resolution of tho 3d March, 1791, to auhorize the Marshals to make the necessary provision for the safe keeping of prisoners committed under the authority of the U.S. Provisions less than these, consisting s hey do for the most part, rather of a revival of the policy of former Acts called for by he existing emergency, than of the intro duction of any unusual or rigorous enact ments, would not cause tho laws of the Union to bo properly respected and enfor ced. It is believed these would prove adequate, unless the military force of the State of South Carolina, anthorized bv the late ict of the Legislature, should be actually embodied and called out in aid of their pro ceedings, and of the provisions of the Ordi nance generally. Even in that case, however, it is believed that no more will bo necessary than a few modifications of its terms to adapt the Act of 1795 to the present emergency, ns by that Act the provisions of the law of 1792 were accommodated to the crisis then existing; and by conferring aulionty upon the rrcsident, to give it operaion during the session of Congress, and without the ceremony of a Proclamation, whenever it shall be officially made known to him by the authority of any State, or by lie Courts ot the United States, that within the limits of such State the laws of the U. States will be openly opposed, and their ex ecution obstructed by the actual employment of military force or by any unlawful means whatsoever, too great to bo otherwise overcome. In closing this communication I should do injustice to my own feelings not to ex press my confident reliance upon the dis position ot each Department of the Government to perform its duty, and to co-operate in all measures necessarv in lhn rrpsrnr emergency. J t The crisis undoubtedly invokes the fidelity of the patriot and the sagacity of the statesman; not more in removing suchportion ot tne public burthen as may be unnecessary, than in preserving tho good order of society and in the maintenance of well regulated liberty. While a forbearing spirit may, and I trust, will be exercised towards the errors of our brethren in a particular quarter, duty to the rest of the Union demands that open and organized resistance to the laws should not be executed with impunity. The rich inheritance bequeathed by our fathers has devolved upon us the sacred obligation of preserving it by the sime virtues which conducted them through the eventful scenes of the revolution, and ultimately crowned their struggle with the noblest model of civil institutions. They bequeathed to us a Government of laws, and a Federal Union, founded upon the great principle of popular representation. After a successful experiment of fortj'-four years, at a moment when tho Government and the Union are the objects of the hopes of the friends of civil liberty throughout the world, and in the midst of public and individual prosperity unexampled in history, we are called upon to decide whether the3e laws possess any force, and "that Union the means ot sell preservation. The decision of this question by an enlightened and patriotic people cannot be doubtful. lor myself, fellow-citizens, devoutly relying upon that kind Providence, which has hitherto watched over our destinies, and actuated by a pro found reverence for those institutions I have so much cause to love, and for the American people whose partiality honored me with their highest trust. I have determined to spare no effort to discharge the duty which in this conjuncture is devolved upon me. That a similar snirit will actuate the renre- i sentativrsof tho Amprimn nrnnlp is not to be questioned: and, I fervently pray tint the Great Ruler of nations may so guide your deliberations and our joint measures as that they may prove salutary examples, not only to tho present, but to future times, and solemnly proclaim that the Constitution and the Laws' are supreme and the Union indissoluble. ANDREW JACKSON, Washington, Junuary 18, 181 J.

Congressional. ANALYSIS OF PROCEEDINGS. FuiDAr, Jaxtjahy 19. In the Senate, yesterday, Mr. King introduced a bill to extend tho powers of tho Board of Canal Commissioners, for the improvement of the Tcnnrsseo river in the Stateof Alabama. Mr. Hendricks presented a memorial of tho Legislature of Indiana on the subject of the National Road, liesolutions were submitted by Messrs. Benton, Tipton, and Foot. After tho transaction of the usual morning business, the Senate

resumed the consideration of the bill appropriating for a limited time tho proceeds of the sales of the public lands, and il nient proposed by the Committee on Pub lic Lands, (in lieu thereof.) for tho reduction of the price of the public domain. Mr. Grundy addressed the Senate one hour, in an eloquent speech in opposition to the general principles of the original bill, and in favor of the amendment with proper modifications. Ho was followed by Mr. Ewing in favor of the original bill. Mr. Poinde.v ter, with a view to perfect the original bill before tho question was taken on the amendment, proposed to add several additional sections, providing for a gradual reduction of the price of the public lands, remaining unsold for a sp?cified period after being brought into market granting pre-emptions under certain circumstances providing for continuing the surveys and guaranteeing to the new States, that the present minimum price of the public land?', shall not bo increased during the existence of tho proposed law, Mr. Clay opposed this amendment, with the exception of the latter clause. After a few observations by Messrs. Bhck, Poindcxter, Buckner, and King, the Senate, without taking the question, adjourned. In tho Houso of Representatives Mr. Hubbard, from the Committee on Revolutionary Pensions, reported a bill for establishing a Pension Oflicc, and to authorize the appointment of a Commissioner of Pensions, which was read twice and committed. ur. tvuuc nomine ommitiec ot ays and Means reported a resolution referring the estimates from tho Commissioner of the Land Ofiice to the Committee of Public Lands and directing an enquiry into certain branches of expenditures, which after being amended on motion of Mr. Wicklilfo so as to empower the Committee to send for persons and papers, was adopted. Mr. Ilogau offered a resolution directing an enquiry bv tho Committee of Naval Atlairs into certain alleged misconduct of officers employed in the naval service, which was adopted. Tho resolutions heretofore offered by Mr. Adams calling on the President and Secretary of the Treasury for lists of the articles referred toby them respectively in their annual Message and Report, in their remarks upon the reduction of the duties, were taken up and discussed by Messrs. Adams and I oilman until the hour allotted to morning business had expired. The House then, on motion of Mr. Clay, went into Committee of the Whole on the state of the Union, Mr. Wayne in the Chair upon the' Tariff Bill. Mr. McKcnnan addressed tho House nearly an hour and a half against the bill, and was followed by Mr. Root in favor of the general principles of the bill, who after addressing the Committee more than an hour gave way to a motion that the Committee rise, which wascarneu anu the House adjourned. Saturday, January 10. In tho Senate, yesterday, the resolutions submitted on Thursday by Messrs. Tipton and Benton, were considered and agreed to. The resolution offered on the same dav bv Mr. Foot, was taken up, and, on motion of that gentleman, hid on tho table. After the transaction of other unimportant morning business, the Senate resumed the consideration of the bill appropriating, for a limited time, the proceeds of the sales of the Public Lands, tho question being on the amendment proposed by Mr. Poindcxter. Mr. King addressed the Senate in a speech of an hour's length in opposition to tho original bill, and in favor of tho amendment. lie was fllowed by Mr. Chambers in reply, and in favor of the original bill. Without taking any question, the Senate adjourned. In the House of Representatives, Mr. Conner, from tho Committee on Post Offices and Post Roads, reported a bill for the better organization of the Post Oi'ficc Department, and adjustment of the salaries of its officers and clerks. Several private bills were also reported. Tho resolutions here tofore offered by Mr. Adam?, calling on the President and Secretary of the Treasury for information, relative to tho reduction of duties, was further debated by Messrs. Hoffman, Adams, and Stewart, until the hour expired. The House then went into Committee upon the Tariff bill, Mr. Wayne in the Chair. Mr. Root resumed and con cluded his speech in ftvor of the general principles of the bill, after speaking about two hours. Mr. Vcrplanck then went into an explanation and defence of the provisions of tho bill, which occupied a little more than an hour, and concluded by modifying the duties upon teas, which, by a mistake which he explained, lnd been reported in tho bill at a higher rate than had been intended by the Committee, to 5 cents per lb. upon Green teas, 3 cents upon Souchong and other black tens, and 15 cents upon Bohea. Mr. Jenifer then moved tho Ccrnmttee rise, which was carried, and the House adjourned. MoDAr, Jataet V. In the Senate, on Saturday, the consideration of the bill appropriating for a limited time the proceeds of the snlrs cf the public lmds, was resumed rtho quest "on being n the amendment proposed by Mr. IVmhxtcr. Mr. P. addrcps d the Senate at lengihin favor cf bis uLftindmcnt, aud the original

bill; before lo bid concluded, sn adjourn

ment took puce. in tho IJoits) of Repret rotative, M Cambrclong, from the Committee on Commerce, reported a bill to rcgihto tne compensation of officers of ltevinuo Cutters. Several private bills were reported and resolutiors adopted. The resolutions betetoforn offered by Mr. Adams, calling on tlm President and the Secretary f tho Treasury tor information relative to tlie Tariff, wore further debated by Messrs. Stewart and Adam?, until the horr tillottcd D morning business hid expired. The llouso then went l,nto t-tnmittco on the larilt. Mr. Jemfr -addressed tho Committco about an hour in opposition to some ot the matures of tho bill, and was followed by Mr. Denny, who spoke about two hours ogairst its genenl principles. Mr. K. 1). Whit moved the Committee rise; which was carried, and the IIousu adjourned. From the X. Y. Courier ft Enquirer. LATH rflOM rXGLAND. By the packet ship Cotx.MriA, Captain Robinson, which arrived yesterday, tin editor of the Courier and Knqujer has received London papers to the evening of tin lib of December inclusive. The advices hat received were to the morning of that day, those which have now reached us aro therefore some hours liter. A letter from Antwerp jives an interesting account of the etato of affiirs at that p! ice. Wo were not before aware that ths inundations caused by General Ch;s?e bad rendered the Tote do Flandre and other points on the hfi bmk of tin Scheldt, inaccessible to tho French troops. This if we may venture an opinion, materially increases tho s'rength of h' position, indeed we aro inclined to attribute his apparent inaction more to confidence in Ms own resources than to r.ny disinclination or inability to impede the approaches of the French. Tho latter nppenr hitherto to have taken no Ftcp of importance towards ti e reduction of tho citadel, and every thing indicates tho awk ward position in which the ridiculous pystcm of non-intcrventien, has placed those who aro parties to it. Some stormy debates had taken plica la the French Chamber of Deputies, still tha accounts fiom Paris of tho 2d December say, "every thing promises a trantjuil winter in Paris. The opposition aro completely defeated; and tho litli Juno is too recent to permit of their venturing on rebellion; even tho Tribune reluctantly admits that the time is gone by for street emeates. Trade is not reviving so rapidly in Paris as in the Departments; but some improvement Ins laken place, end it is hoped that the cr.su ing winter will bo much gayer than tho last." From the London Courier cfDee. 1. The Hamburgh papers to tho 27th lt.f the Allgcmeine Zeitung to thr 2Sth, nr.d Frankfort journals to tha 2'Jth,all inclusive, have also arrived. The accounts from Berlin of the 2Cd, state that scarcely any body there believed in war. From Vienna, of the sinrs date, it is also announced, tint tho news of the entrance of the French army into Belgium, which had arrived there that morning, had not much affected the funds. The following are cxtiacts: SUB.MISI3 OF THE HTTE.VriO.S OT rnrMlA. Berlin, i'op. 21. Tho visit of the Queen cf Holland to Berlin has no political object whatever. Prussia Ins very decidedly taken its resolution in this matter. We aro neither inclined to suffer Belgium to become a French province, nor to sacrifice to the obstinacy of Holland the manufacturing interests of our Rhenish provinces by tho denial of the frco navigation of the rivers, ns Ins hern the caso for these firtcen years; but if Antwerp docs not obtain free communication with the sea, no alternative would remain for Belgium, but to give its' If entirely up to France. It ought to br the first care of Holland, if it understood its interest, to prevent th. A moJcrate tonnage duly will doubtless bo allowed it ; and wngsra are hid ht ro that peace will be signed in three weeks. iVerr mbcr 22. Tiic same activity is observed in the foreign departments; tbe conference with thr Ambassadors cf thfl Great Powers are very frequent, but hardly any body now believes that there will be a war. Wo hear that thsro arc tbreo different opinions in the Council of State; one deci dedly in f Ivor of peace, nt the head of which is Prince William, the King's brother, who is seconded by several Ministers: a second, which considers that war will not bo necessary, unless demonstrations should b3 of no avail, nr.d the articles cf tho treaty of November 1;" s'unrd by tho Five Powers should be violated, and this opinion is said to be especially entertained in a li r;iior quarter; lastly, one decidedly warlike, which would hive every advance bryond tha frontiers by an nrrny ccr.s'dered ls a decimation of war, (this opinion is said Jo bo advocated by some princes.) WitJi the well known pacific sentimrnts of our K'ng, ir.d the confidence of oiber Governments in Lis impartiality and justice, we mny still hops the Ik it. One cf la? veterans of the seven yens' war died here cn the lCtli ins!., M-'jot-Gen-cral WiH'nm V. iludorff, n native of I.arcnbur?, in Fomfranh ; he w:.s in the C2d year of his f:g HiFTtlwgh 2xpcr9 Nor. 27. The Evt, r Ne s letter a): A rocue h:s been caught in Fr.r cori in the net f p;wi: counterfeit mon ey. His n;imc i Stl is li. Webster, Jn! Sh ')$ tippi?' d lo be ?i i u ''lender of i j;ti of i our,t( rf itn v, bic'i infest the holc load lending frtvn F.unham in Canada, to Poton. lie hm been committed fur 1 1 2 : I

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