The Wabash Courier, Volume 1, Number 34, Terre Haute, Vigo County, 31 January 1833 — Page 3

various proceedings, therefore, of StollfiiAM knalorced the

By 4bcM

the State General G^vewanant, unavoidably, lode cide lb* oct led dangerous alternative of permitting a State to obstruct the execu tios of lb# law wtibin jU^iiniJ^or seeing It attempt to execute a IhreaVof withdraw ?ing from the Union. That portion of the people at present exercftting the aiilhogftv of Che .State, solemnly assert their r%htto do either, and a* splemnly announce their determination to do one or the other.

In my opinion, both purposes are to ho regarded as revolatiofcstry in their character land tendency, and subversive of the supremacy of the fo*s and of-the integrity of the Union. The resrtlt of each the same since a State in which by so tisnrpaiion of power, the constitutional authority bf the Federal Government is openly defied and set aside, wants only the form to be independent of the Union.

The right of the pe^frte ifviegli Slate Ho absolve themselves|at will, and without the consent of the other States from their most solemn obligatiotw, and hafcard the lib erties and happiness o® the millions composing this Union.canwfc be acknowledged. Such authority is belief lobe titterly repugnant, both to the piWdples upon which the General Government is constituted, and to the objects whteh If fit expressly formed to attain.

Against all Vets wtifch ftt&f be'llleghd to transcend the constitutional power of the Government, orwhlch msy be inconvenient or oppressive In tbeirO^eration, the Constitution itself hat prtscH'xd the modes of redress. It is the pcknowTedged Attribute of free lnstituttehrf/tbat, nnderthefn, the empire of reason and law fa substituted for the power of the sword. Tono otbersource can appeals for stJpp0««il'} wrongs be made consistently with tbe dbtigatioiis of South Carolina to no other can sttch appeals be made with safety at *tif tinie artdfo their decisions, when conslUittionally prcrnounced, it becomes thd dutyj tto Iewof-tfa'6 public authorities, thin of the people* fa every CIRO to yield a patriotic silbirtission.

That State, or any tfther gfeat portion of the people, suffering Under Jdng and intolerable oppression1, tfnd having tried all constitutional remedies without the hopie'of redrew, may have a national right, wliefi their happiness can be no dttUrwiso Micuyed, aod when they can do so without greater injury toothers, to absolve themselves from their sbHgations to the Government, and appeal to the last resort, needs not, ofi the present occasion, be denied.

The existence of this right, however. roiist depend upon the cAtwea which may Justify its exercise. It the ultima ra/in, which presupposes that ilie proper appeals to all other means of redress havo been made in gdod faith, and which can never be rightfully resorted to unless it be unavoidable. It is not the right of the State, but of the individual, and of all the individuals in lhaHtate. It is the right of mankind 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 themselves under a peculiar form of government, no portion of them can dissolve the association without acknowledging the correlative right in the remainder to decide vrhetbdr thnt dissolution ciin be permitted «omiltcnt with the general happiness. In

Wis -rtew, ft is a tfgtii dependent upon ihfe power to enforce it. Such a right, though it may be admitted to pre-exist, and cannot be wljolly surrendered, is necessarily subjected to limitation* io all free governments, and in compacts of all kinds, freely and voluntarily entered Into, and in which the interest and welfare of tbe individual become identified with .those of the community of which ho is a member. la compacts between individuals, liowevcr deeply they may affect ibeir,relations, these principles are acknowledged to create a sacred obligation: and in compacts of civil govetn•fnetTt, involving the liberties end happiness of millions of mankind, the obligation cannot he less.

Without adverting to'thh particular theories to which the federal .compact has gtTen rise, both as to its formation and the parties to it, and without inquiring whether it be merely federal, or social, or national, it is sufficient that it most be admitted to be a compact, and to possess the obligations incident to a compact to be a compact by which po^ver is crested on the one hand, and obedience enacted on (be others a compact freely, voluntarily, and solemnly enterjsd into by tbe, several State*, and ratified by the people thereof, respectively a compact by whlcli the several States, ahd the people thereof, respectively, have bound themselves to eacho'her, and to the Federal Government, ahd by which the Federal Government is bound to the several States, aod to every citizen of thfe United States," To this compact, in whatever mo«!c it may have been done, the people Of South Carolina have freely and voluntarily given their assent and to the whole, and every part off it.thev are, upon every principle of good faith, inviolably bound, under this obligation they arc bound^ and should be requited to CQntribute their portion of the public expense, and to submit to all laws made by the common consent, to pursuance of the Constitution, for the Common defence and general welfare, until they can be Changed in tbe mode which the compact has provided for the attainment of those great ends of the Government and of the Union. Nothing less than causes which would justify revolutionary remedy, can absolve the people from thi* obligation and for nothing le» can the Ooverninent permit it to be doue without violating its own obligations, by which, nnder the compact, it is houod to tbeotherStatea, and to every cititen of the United Slates.

These deductions plainly flow from the nature of the federal compact, which is one of limitations, not only upon the powers originally possessed by tbe parties thereto, but also upon those conferred on tbe Government. and every department thereof.— it will be freely conceded that, by tie principles of our system, all power is vested jo the people but to be exercised in the /node, and subject to tbe checks which the people tbsoMhcs bare prescribed. Those checks are, undoubtedly, only different modi

Scat iaosof the tuns great popular principle which lies at the foundation ©f iha whole, but are not, OK that account, to h« lese regarded or lew obligatory.

Uoon the power of Congress, the veto of tbe iSxecwtive and tbe authority of tbe Judiciary, which it te extend to all caaes in law and equity, areiag wider tbe CooMitotio« and the laws of lbe United State* made in fHimtVAce thereof, are tbe obviooa

ia pumivsce inereoi, are in OOTKKM stag* t» ehecks and the son*! action of pebbe ami*, people ion, with the ultimate power of aa*#nd quane

fiov«*erit *sy fc* alleged lliet-m-wHa* lion of She cogapadt fcy tbe? ofilisures of tbe Govern in eat can affect the obligations of (be parties, cannot eels he pretended that such violation can be predicated of tboaemeasnres until all, the constitutional remedies shall have been fully tried., Ifttti Federal Government exercise powers not warranted by the Constitution, andimme* diately affecting individuals, it will scarcely be denied that tbe proper retoedyis are course to ihe Jodiciary. Such, ubrf&tibted ly, wthe remedy for .those^ who deem tb ibts of Congress laying duties and impostM ituj providing for their collefction, t6 be unconstitutional. The whole operation of sucb laws isiipoD the indivtdnals importing the^mercbandise a State if absolutely prohibited from laying imposts br duties on imor exports 'withoot the consent of Congre&j itrid cannot become a party under these laws' iv it bout importing in her own name, or wtangfiiiiy interposing herkuthori ty against them. JJy thus interposing,how ever, she cannot rightfully obstruct the operation of the laws upon individnals For thtsir disobedience to, or violation of, the laws, the ordinary remedies through tbe judicial'tribunals would remaio. Aqd in case where ap individual should he prose cuted for iof offence against the laws could not aet^up, io justification of hi# act a law of the State, which, being un^onsti tutional, would tberefo^f be regarded null pod void. The law of a State can nol aothprize, the ^ipnaission of a crime against the united States or^^any other act which, according to the supreme law of the Union, jvpuj*! be otherwise unlawful. And it is equally clear, that, if there he anj case in wliijfh a St^le, as si^ch, is 'affectccf by the law.beyoBdthe scope ^f judicial power, the" remedy consists it» appeals to Cbe people, ei ther to effect change ii^ the representa tion, or to procure relief tjy amendment of the Con§ututioo, But the mfasnres of the Government are to be recognized as valid, and* consequently, supreme, until these remedies shall have t|een .effectually tried and ^ny attempt to, subvert Jthose measures, or to render, the lavjns subordinate to Statp authority, and* afterwards, to re--ort (o constitutional repress is worse than evasive. It would not, be a proper, resistance to Agfivertmcni of unlipiitedipowerj" as ^js b^en somctimps pretended, but unlawful opposition to l|?p very limitations on which the harmonious action^of the Gove rnmejBtffiod all its parts ,absolutely de pends. Bo^th Carolina ias appealed to none of these remedies, hut, il» effect, has defied them all. ^Vhile threatening to separate from the Union if any attempt be made to jeniprce the revenue laws otherwise than through tbe civil tribunals of the country, she has not only appealed io her own name to those tribunals which the Constitution has provided for all cases in law or equity, arising under the Constitutioa and awsof the United Stales, but has endeavored to frustrate their proper action on her citizens by drawing the cognizance of eases under tbe revenue laws to her own tribunals* specially prepared and fitted for the purpose of enforcing the acts passedJw

the State to obstruct those laws, and both judges and jurors of which will be bound, by the import of oaths previously taken, to treat the C^nstitution and laws of tbe United States in this respect as a nullity.— Nor has the State made til9 proper .appeal to public ©pirnon* and to thq .remedy of amcnilment. For, without waiting to learn whether the other States will consent to a convention, or, if they do, will construe or amend the Constitution to suit her views, she has, of her own authority, altered the import of that instrument, and given immediate effect to ihe change. In fine, she has set her own will and authority rbove the laws, has made herself arbiter in her own cause, add has passed at oqce over all intermediate steps to me&suresiof avowed resistance, which, unless theyjbe submitted to, can be enforced only by tie sword.

In deciding upon the course which a high sense of duty to all the -peop'e of the United States imposes upon the authorities of the Union ip this emergency, it cannot be overlooked that there no sufficient cause for tbo acts of South Carolina, or for her thus placing'in jeopardy the hoppiness of so many millions of people. Misrule and oppression, to warrant the disruption of Ote free institutions of the Union, should be I ei cat and lasting, defying all other remedy.

For causes of minor character, tbe Government could not submit to such a catastrophe, without a violation of its most sacred obligations to the other States of the Union, who have submitted their destiny to its bands.

There is, in the present instance, ro such cause, either in the degree of misrule or oppression complained of, or in the hopelessness of redress by constitutional means. The long sanction they hav^e received from the proper authorities and from the-people, not less than the nnexpunptcd growth and increasing prosperity of so many millions of freemen, attest that no such oppression as would justify or even palliate, such a re* sort, can be justly imputed either to tbe pi eeent policy or past measures of the Federal Government. Tbe same mode of collecting duties, aod for the same general objects, which began with tbe foundation of the Governmjut, aod which baa conducted the country through its subsequent steps to its present enviable condition of bappioe?s aod renown, has not been changed. Taxation and representation —the great princU pies of the American revolution—have continually gone hand in hand and at all times, and in every instance, no tax of any kind has beta imposed without their participation -—and, in some instances, which have been complained of, with tbe express assent of a part of the representatives of South Carolina in the councils of the Government. Up to the present period no revenue has been raised beyond the necessary wants of the country, and tbe authorised expenditures of the Government. And as soon as the burthen of tbe public debt is removed, those charged with the administration hare promptly recommended a corresponding reduction of revenue.

ment.are the salutary snd only limitation*? ertIons of agricultural labor, that health,) thing by attachment or other snmmary pro-. upon the powers of t|te vrfceSt. beyond fcrneFpreeeAest, has ttose-. cm^that the qneetien andet snch a sntm,

That this system, thins pursued, has resulted in no sucb oppression npoo South Carolina, needs no other proof than tbe solemn and offitial declaration of tbe late chief magistrate of that State, in his address to the Legislature. In that he says, thattl the occurrences of the past year, in connection with our domestic concerns, are to be reviewed with a sentiment of fervent gratitnde to the great disposer of human events tbority, which, by taking the thiag retted nt| ont of the hands of the United Stvtes oficer,

that tribute* of grateful acknowiedgeme art due for the vanou* and molt'plicS bles- might obstruct thr exercise of tbe jori»dic-

sings he has been placed to bestow on our Hon, is anlawffel: that in such case the court that abwndant harvests in every! of the United States having cognisance of qnaKer of tbe State have crowned the ex-t*he seizure, nay enforce a redelivery of the

doer homea asd that there is aot leea reason for thankfulness ia surveying our social condition.'' It would indeed be difficult to imagine oppression where, io tbe social condition of a people, there was equal came of thankfulness, as for ahoodcot harvests with them,

and varied Ind multiplied blessings Which a kind providence has favored Independently of these considerations, it will not escape observation, that Sonth Carolihi still claims to be a component part of tbe Union to participate in tbe national councils, and to share in tbe pablic benefits witbotftcontributiqg to the publicburtbens —thns- asserting the daftgerom anomaly of conHotiing in an association withoot ac kno#ledgi«g any other obligation to ito laws than what depends open herowo will.

In this posture of affairs the duty of govern* ment seems to be plain. It inculcates a recognition of that State as a member of the Union, and'subject to its authority a Tindication of tbe just power of tbe constitution the preservation of the integrity of the Un ion and tbe execution of the laws by all constitutional means.

The Constitution, which his oath of office obliges bim to support, declares that the Executive "thai I take care that tht lavs be faithfully executed and in providing that he shall from time to time give to Congress information of tbe state of tbe Union, and recommend to their consideration such meatrtires as he shall judge necessary and expedient, imposes the additional obligation of recommending to Congress sucb more efficient provision for executing the laws as front time to time be found requisite.

may The same instrument confers on Congress the power not merely to lay and collect taxes, dnties, imposts, and excises to pay tbe debts" and provide for tbe commoti defence «j(rid general welfare but "to make £ll laws which shall be necessary and proper for carrying »6to efffect the foregoing powers, and all othe/powers vested by the Constitution in the^poyerhinent of the United States, or in ^h^departwept or office thereofand, also, tqi ^ifrvide for calling forth the militia for executing the laws of the Uuion. In all cas^ similar to the present, the duties of the Government beeome the measure, of its powers and whenever it fails io exereise a power necessary and proper to the discharge of the (juty prescribed by the Constitution, it violates the public trusts, not less than it would in transcending its proper limits. To refrain, therefore, from the, high and solemn duUfis thus epjoined, however painful the perij&rfnance may be, and thereby tacitly permit the rightful authority, ot the Government to be contemned, and its laws obstructed by a single State, would neither comport with its own safety, nor the rights of the great body of the American people.

It being thus shown to be the duty of the Executive to execute the Jaws by all constitutional means, it remains to consider the exteat of those already at his disposal, and what it may be proper further to provide.

In the instructions of the Secretary of the Treasury to the collectors in South Carolina, the ptovisione and regulations made by the act of 1799, and also the fines, penalties, and forfeitures for their enforcement, are particularly detailed and explained. It may be well apprehended, however, that these provisions may prove inadequate to meet such an open, powerful, organized opposition as is to be commenced after the 1st of February next.

Subsequently to the date of these instructions, and to tbe passage of the ordinance, information has been received, from sources entitled to be relied on, that owing to the pupular excitement in tbe State, and the effect of the ordinance declaring the execution of the revenue laws unlawful, a sufficient number^ of persons in whogi confidence might be placed, could not be induced to accept the office of inspector, to oppose, with any probability of success, the force which will, no doubt, be used when an attempt is nuule to remove vessels and their cargoes from the ustody of the officers of the customs, and, indeed, that it would be impractical for the collector, with the aid of any number of inspectors whom he may be authorized to ejnbloy, to preserve the custody against such an attempt.

The removal of the custom house from Charleston to Castle Pinkney, was deemed" measur&ofnecessary precaution an«frt!«ugh the authority to give thnt direction is not questioned, it is nevertheless apparent that *railar precaution cannot be observed in regani'to the ports'of Georgetown and Beaufort, each of which, under the present laWs, remains a port of entry, and e: p6sed to the obstructions uediated in that quarter.

In considering the best means of avoiding or of preventing th^appreherded obstruction to the collection of \he revenue, and the consequences which mai insue, it would appear 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 lab!c shall be paid or secured. 7 he mode by wl.icb it is contemplated to deprive them of that custody is the prooess of replevin, and that of *apiat irt mihernam, in the^mture of a di|£rc5f

may find it practicable to employ, And these, from tbe information already a/verted to, are shown to be wholly inadetfbste.

Tbe respect which that process deserves, most therefore be considered. If the authorities of South Carolina bad not obstructed the legitimate action of tbe Courts of the United States, or if they had permitted the Slate tribunals to administer the law according to their oath nnder the Constitnti6n and ttie regulations of the laws of the Union, the General 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 procetsof replevin from the courts of the State wookf be irregular and unauthorised. It has been decided" by the Sopreae Court of the United States that the courts of the United States have exclusive jerisdictionof all seirures made on had or water, for a branch of tbe laws of the United States, and anv intervention of a State an-

whether* fetftitsuehas baen Actually incurred, beloogs-cxclusively to the Courts of tbe United States, and it depends on the final decree, whether tbe seizure is to be deemed rigfftfnl or tortuous and that not until tbe seizure be finally judged wrongful and without probable cause by tbe courts of the tfnited 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 ofduties, aod declaring that all judicial proceedings which shall be hereafter had in affirmance of the contracts made with purpose to secure the duties imposed by tbe 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 U. States access to the courts established by their own laws, and declared it unlawful 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, tbe judges whereof are not merely forbidden to allow an appeal, or permit a copy of their records, but are previously sworn to disregard tbe laws of the Union, and enforce those only of South Carolina and, thus deprived of the function essential to tbe 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 the laws of the Union.

Kekher the process nor authority of these tribunals, thus constituted, can be respected, consistently with the supremacy of the laws, or the^vights and security of the citizen. If they be submitted to, tbe 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 law of South Carolina it is his duty to exercise, it cannot be expected that a collector pan retain his custody with the aid of the inspectors. Ill such caie, it is true, it would be competent to issue suits in the United States Courts against those engaged in the unlawful proceeding or, the property might be seited for a violation of the rcveuuelaws, and being libelled ia the proper courts, an order might be made for its re-delivejry, which would be nommittecj to the marshal for execution.— But, in that case, the 4th section, of the act, in broad ahd unqualified terms, makes it the duty of the sheriff "to prevent such recapture orseiture, or to redeliver the goods, as the case mny be,"."even under auy process, order or dpcrees, or other pretext, contrary to the trueintent and meaning of the ordinance aforesaid." It is thus made the duty of the sheriff to oppose the process of the courts of tiie United States, and for that purpose, ifne«d be, to employ the whole power of the coufitry. And the act expressly reserves to him all power, which independently of its provisions, ho 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 comitatus, in all the rigor of the ancient common law. TPhispower, though it may be used against unlawful resistance to judicial process, is in it# character forcible, and analogous 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 meant.. It may properly be said to be a relict of those ages in which the laws could be b« defended by physical rather than mop'j force,and in its origin, was conferred I sheriffs of England, to enable the-'.*'* defend xl

J„__

to include "he

from the State tribunals organised by the or* di nance. Against the proceeding in the nature o/a distress, it is not perceived that the collector can interpose any resistance what#ver and against the process of replevin authorised by the law of the State, he, hav/ng no common law power, can only opposetach inspectors as he is by statute authorised, and moreover, made guilty of a misdemeanor,

If nno.

their country against any of^in1tier'Q S'

mics when they came int' 'am'

ene

88

WC'I

ns

for the purnpse executing process. In early and less ci-',,3et'it

was

intended

a'd and

attendance of all

knight* "h'l others wlx^nre bound to have j^rnesS." It includes the right oLgoing with arms and military equipment, ana embraces larger classes and greater masses off population than can he compelled by the jaws of most of the States to perform military duty. If the principles of the common Inw are recognized in South ^Carolina, (and from tliis act it would seem they are,) the power of summoning thc/?ofje comitates will compel, under the penalty of fine and imprisonment, every man over the age of fifteen, and able to travel, to turn out, at the call of the sheri'V, and with such weapons as may be necessaryjand it may justify beating, and even killi/ig such as may resist. The use of the posse comilctus is, therefore, a dirept application of forci, and cannot be otherwise regarded than as tue employment of the ^liole militia force of the country,, and in an equally efficient fo m,under a different name. pio proceeding which resorts to this power, to the extent contemplated by tbe act, can properly be denominated peaceable.

The act of South Carolina, however, does not rely altogether on this forcible remedy. For even attempting to recist or disobey— though by tlie aid only of-the ordinary officers of the custom: —rfhe process of replevin, the collector and airconcerncd are subjected to a further proceeding, in the nature of a distress of their personal effects, and are,

and liable to be pu .uhed by a fine of not less than one thousand, nor more than five thousand doilars^lnd to imprisonment, not exceeding two years, and not less than six months, and for even attempt

:cgto

execute

the order of tbe court for retaking t«*e property, thfe marshal, and all assisting, would be guilty of a misdemeanor, and liable to a fine, of not less than three thousand dolhm, nor more than ten thousand, and to imprisonment, not exceeding two years, nor leas than one and in case the goods sbonld be retaken under snch process, it is made the absolute duty of tbe sheriff to retake them.

It is not to be supposed that, in tbe face of these penalties, aided by the powerful force of the country, which would doubtless be brought to sustain the State officers, either that the collector would retain the custody in tbe first instance, or thai the marshal could snmmon sufficient aid to retake flie property, pursuant to the order, or other process of the court.

It is, moreover, obvious that ia this conflict between the powers of the officers of the United States and of tv State (unless the latter be passively submitted to) t' destruction to V'ch the property of tbe officers of the cBit-ii wonld be exposed, tie commissions of actual violence, and tbe km of lives, would be scarcely avoidable.

Under these dreosutsMtf, and the pro-

A

A if ii a

visions of the acts of South Carolina, the execution of the laws is rendered impra cticable even through the ordinary judicial tribunals of tbe United States. There would certainly bfe fewer difficulties and less opportunity of actgri collision between the oftcers

effectually secured^*-if indeed ^toan be done in any other way—by placing tbe customhouse beyond the immediate power ofthe country.,

For this purpose it might be propel to provide that whenever, by any unlawful combination or obstruction in any State, or any. port, it should become impracticable faithfully to collect the duties, the President of the United States should be authorized to alter and abolish snch of the districts and ports of entry as should he necessary, and to establish the custom-house at some secure place within some port or harbor of t^aeb State and in such cases it should be tbe duty of tbe collector to reside at such place, and to detain all vessels and cargoes until the duties imposed by law should 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, onlessby process from the ordinary judicial tribunals of the United States and that in case of an attempt otherwise to take the property by a force too great to be overcome by th#. officers of the customs, it should be lawftil to proteot the possession of the officers by the employment of the land and naval forces and the militia, under provisions similar to those authorized by the 41th section of the act of the 9th df January, 1809

The provision, however, would not shield the officers and citizens of the United States, acting under the laws, from suits and prosecutions, in tfee tribunals of the State, which might thereafter be brought aguinst them nor would it protect their property from the proceeding by distress, apd it may well be apprehended that it would be insufficient to ensufe a proper respect to the progress of the constitutional tribunals in prosecutions for offences against the United States, whether judicial or ministerial, in the performance of their duties. It would,,moreover, be inadequate to extend the protection due from the Government to that portion of the people of South Carolina, against outrage and oppression of any kind, "who may manifest their attachment, and yield obedience to the laws of the Union.

It may, therefore, be belter to revive, with some modifications better adapted to the occasion, the 6th section of the act of the 3d of March, Jtil5, which expired on the 4th of March, 1817, by the limitation of that of 27th April, 1816, and to provide that in any case where suit shall be brought against any

individual in the Cpurts of the State, for any act dono under the laws of the United States, he should be authorized to romovo the said cause, by petition into the circuit courts of the United States, without nny copy of -the record, and that the court should proceed to hear and determine the same, as if it had been originally instituted thefein. And that in all cases of injuries to the persons or pr perty of individuals for disobedience toJ' ordinance and laws of South Caroling A pursuance thereof, redress may be four /in the courts of the United States. IMT

der the authority of the United St?*^' Provisioi less than these, pasting aR tbey do, for the most part, r^4ier ,r®T'~ val of the policy of forn^'aot9 'e *or by the existing emertr«?' ^r' than of the iritro"Uuclion of any o«^aal

ments, wouldv' cause the laws of the Upion to be n»^Pcr'Jr respected or enforced. It bclieysa these would prove inadequate,

unles l»!C m'litary forces of the State of Srith Carolina, authorized by the Into act of the Legislature, should be actually embodied and called out in aid of their proceedings, and of the provisions of the ordinance generally. Even in that case, however, it is believed that no more will be necessary than a few modifications of it3tcms, to adapt the act of 1795 to the present emergency, as by thnt net the provisions of the law of 1792 were accommodated to the crisis (lion existing and by conferring a.ithority upon the President to give it operation during the session of Congress, and without the ceremony of a proclamation, wherever it shall be ofli-v cially made known to him by the authority of any State, tii^t within the limits of ejeh "State the laws Of the United Stutes or by the courts of the United States, will be openly opposed, and their execution obstructed by the actual employment of military force, or by any unlawful means whatsoever,too great to be otherwise overcome.

In closing this communication, I should do injustice to my own feelings not to express my coufidcnt reliance upon the disposition of each department of the Government to perform its duty, to co-operate in all measures neefcsiary in the present emergency.

The crisis undoubtedly invokes the fidelity of the patriot and the sagacity of the statesman, not more in removing such portion of the public burthen as mny be unnecessary, than in preserving the good order of noeiety, and in the maintenance of well regulated liberty.

While a forbearing spirt may, and I trust, will, be exercised, towards the errors of our brethren in a particular quarter, duty to tbe rest of tbe Union demands that open and organized re»• stance to the laws should not be executed with impunity.

Tbe rich inheritance beqneatbed by onr fathers has devolved upon us the sawed obligation of preserving it by the same virtues which conducted them through the eventful scenes of the revolution, and ultimately crowned tbeir struggle with the noblest model of civil institutions. Tbey bequeathed to us a Government of laws, and a Federal Union, founded tipon tbe great principle of popular representation. After a successful experiment of fortv-four years, at a moment when tbe Government and the Union are tbe objects of the hopes of the friends of civil liberty throughout the world, and in tbe midst of public atsd individual prosperity unexampled in history, we are called to decide whether th- laws possess any force, and that Union tLi means of self-preservation. Tbe decirion of this question by an enlightened and patriotic people cannot be doubtful.-— For myself, fellow-citizens, drrrvftj relying upon that kind Providence, v, has hitherto watched over our destinies :iml actuated -by a profound reverence for those institutions I have so much canve to love, and for tbe American people, whose partiality honored me with their highest trust, I have determined to spare no effort to discharge the duty, which, in this cor^anctareis devolved npa»

of the United States mid'of the State, .and only to the present, but to futute times, and the collection of the revenue would be more solemnly proclaim that the Gonstitntion and

or

tae. That a similar spirit wHI actuate tbe Representatives of the American people, is not to he questioned and fervently pray that tbe great Ruler of nations Stay- so guide your deliberations ami our joint measures, as that they may prove salutary examples, not

tbe laws are supreme, and the Union induto* luMe. ANDREW JACKSON. WASHINGTON, Jan. 16, 1833.

WABASH COURIER.

TERRE-HAUTE, IND.

Thursday Morning, January 31, IS33.

fgT

are

The netcs from the Legislature amounts to this—Very tittle done—no Bank Bill pasted yet—no Canal Bill—no appropriation for the Wabash Ili\ c,r—and the members talk of adjourning to-morrow We hope the yeas and nays may be taken on the motion for adjournment. The luke-tcarm and dough-faced supporters of the above measures might tfunM unmasked. Let the People have light!

0^7"We learn from Washington that the Potawattomie Treaty has been cottfirmed.

EW-ORLEiJfSMARKET.

From Benj. Levy's Price Current, Jan. 7, PORK .—Sales for cargo havo been made at $5i Po $7 prime $9 Mo $10 mess $13 per barrel. New pork 50 oeuti per bar rel over these rntes. .BACON.—Hams (canvassed) 8 cents common hams7 cents sides 6 oeo/s shoulders 4J cents. New bacon cent higher.

LARD.—Abundant. 6^ c*nts highest.

(\^j~Persons indebted to this office, for Advertising or Job Printing, ore requested t* make payment without delay. Jls a general rule, we shall expect to have debts appertainitur to these branches of Our business, settled *jtry six iyonth», withr^t respect Is persons.

•B »TT1J

p/iy

be

expedient, also, by modifying the resolution of the 3d of March, 1791, to authorize the marshals to make the neoeisary provisiot)^ the safe keeping of prisoners committor*'

jfin 31—34tf

un"

Terre liante, Jan. 31—34tf

Notice.

ALL

persons indebted to the undersigned, who have had a credit ef twelve months, are requested to call and settle their accounts. Those remaining unpaid after tbo 54th of February next, will he placed in the hands of Salmon Wright, Esq. for collection. 3. B. McCALL.

Jatt. 31—?*-6w.

Saddlery.

IJk

authorised to ANNOUNCE JOHJT

Ewi.vo, Etq. of Knox counfy, as a candidate to represent the counties of Daviess, Martin, Knox, Lawrence, Oven, Green, Sulliran, igt, Clay, end Putnam, in the nest Congress of the United States. It is Mr. Euing^s intention, we learn, to address hisfellow^tititcns on all convenient occasions, previous to iheJirit Monday next, and to explain his views relative to the measures best calculated to advance the honor and interest of the titmte.

Messrs. J. B. RAY, WM. W. WICK, and Gko. L. Ki&MAfto, are candidates to represent Marion (6th) District in the next Congress.

THE MESSAGE.great length of the President's Message to Congress, relative, to the South Carolina Excitement, with which out paper is nearly filed, excludes almost evert/ thing else. This Document Vat received in town on Monday night, leaving barely time, with considerable extra labor, to send it forth, in our present No. We have neither time to make, nor room to insert, any remarks of our own concerning it, content in being enabled to present it to our readers mthout a moment1 avoidable delay. ,,

^~WX\Ted.

CJTREUSi^" "id OARSMEN wanted -J

hook Here!

THE

rigorous enact­

Pork season has now passed, and agreeable to a former notice in this paper, all persons indebted to me either hy note or hook account, may depend that my promise will be fulfilled, unless payment be made on or before the 15th day of February next. Do not blame me if you neglect this last notice, and you are called upon by the proper officer for payment, together with the costs of stilt. JOHN D. EARLY.

S

4 S RESPKCTKULLT inform the citizens of Terre Haute, and the public in general, that they bave commenced the above business, and intend carrying it on io all its various branches. They will endeavor t»

keep on hard a general assortment of tho most fashionable and best articles, such as Saddler, Bridles, Sfartingales,^

Por'maiUenn*, Vttl.'ces, RiJinur and Waggon Whips, Carriage and Wajrson itnrn^ss, Blin^-Br'dlesnnd Cottars, Trnnkr.tbc:hiv*topsaadcommon, fce* Gentl6.r1rn wishing to purchase the above ar'icles-would do well to call aod examine for themselves and they may depend upon the utmost attention on our part to accommodate onr otrtiomera si far as we can.

Wo'k csn be furnished to any order, with a short notice, as a number of good bauds are conn',antly kept, aod those who will give us a call will always find us willing io extend ?ny reasonable accommodation. The kind and liberal favors of «or friends will be gratefully remembered, and we hope our prompt attention to their orders wiH merit a continuance of their patropige. They also interd to carry on the Carriage Trimming in the neatest and best style. Their prices will be low, for cash or good co&otry prod-ice.

They also wish to purchase 1000 bushels of good wheat, aod a number of good beef catttc, for wbich tbey ill give liberal price in their "work.

Terre Hante, 3an 16—32-tf. Persons indebted to Wm. Prohgt will da well to ca!l and settle their accounts by c»sh or aote, »s his hooks must be cloned.

AtIminis!raJorJ8 Notice*

MTOTICK ia hereby given that 1 have laiv ken out tetters of Administration on Ihe Estate of John Martin, late of Vermillion Caonty.deed. Alt those indebted to said est a's are requested to make immediate payment and (hose having claims,to present them duly authenticated within one year from this date—the estate is preHahly insolvent. JOI1S M. COIJHAN, Adtn'r.

Ja«.9i,33-3«r.

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a U* k£.:'- ^2

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