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
Subsequently to the date of these instructions and to the passage of the
ordinance, information has been received from sources entitled to 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 inspector to oppose
with any probability of success the force which will no doubt be used
when an attempt is made to remove vessels and their 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 be 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 can not 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 obstruction to the collection of the revenue, and the
consequences which may ensue, 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 liable 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 from the State tribunals 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 State he, having no
common-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.
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