A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It also provides that any person arrested or imprisoned on any judgment
or decree obtained in any Federal court for duties shall be entitled to
the benefit secured by the habeas corpus act of the State in cases of
unlawful arrest, and may maintain an action for damages, and that if any
estate shall be sold under such judgment or decree the sale shall be
held illegal. It also provides that any jailer who receives a person
committed on any process or other judicial proceedings to enforce the
payment of duties, and anyone who hires his house as a jail to receive
such persons, shall be fined and imprisoned. And, finally, it provides
that persons paying duties may recover them back with interest.
The next is called "An act to provide for the security and protection of
the people of the State of South Carolina."
This act provides that if the Government of the United States or any
officer thereof shall, by the employment of naval or military force,
attempt to coerce the State of South Carolina into submission to the
acts of Congress declared by the ordinance null and void, or to resist
the enforcement of the ordinance or of the laws passed in pursuance
thereof, or in case of any armed or forcible resistance thereto, the
governor is authorized to resist the same and to order into service the
whole or so much of the military force of the State as he may deem
necessary; and that in case of any overt act of coercion or intention to
commit the same, manifested by an unusual assemblage of naval or
military forces in or near the State, or the occurrence of any
circumstances indicating that armed force is about to be employed
against the State or in resistance to its laws, the governor is
authorized to accept the services of such volunteers and call into
service such portions of the militia as may be required to meet the
emergency.
The act also provides for accepting the service of the volunteers and
organizing the militia, embracing all free white males between the ages
of 16 and 60, and for the purchase of arms, ordnance, and ammunition. It
also declares that the power conferred on the governor shall be
applicable to all cases of insurrection or invasion, or imminent danger
thereof, and to cases where the laws of the State shall be opposed and
the execution thereof forcibly resisted by combinations too powerful to
be suppressed by the power vested in the sheriffs and other civil
officers, and declares it to be the duty of the governor in every such
case to call forth such portions of the militia and volunteers as may be
necessary promptly to suppress such combinations and cause the laws of
the State to be executed.
No. 9 is "An act concerning the oath required by the ordinance passed in
convention at Columbia on the 24th of November, 1832."
Public-domain text, read in full here on John Shaqi.
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