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
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 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 and unauthorized. It has
been decided by the Supreme Court of the United States that the 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 redelivery
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
tortuous; and that not until the seizure be finally judged wrongful and
without probable cause by the courts of the 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 that 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 has in effect abrogated the judicial
tribunals within her limits in this respect, has virtually denied the
United 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, 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 function 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 the laws of the Union.
Public-domain text, read in full here on John Shaqi.
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