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
Neither the process nor authority of these tribunals thus constituted
can be respected consistently with the supremacy of the laws or the
rights and security of the citizen. 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 law
of South Carolina it is his duty to exercise, it can not be expected
that a collector can retain his custody with the 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
proceeding, or the property might be seized for a violation of the
revenue laws, and, being libeled in the proper courts, an order might be
made for its redelivery, which would be committed to the marshal for
execution. But in that case the fourth section of the act, in broad and
unqualified terms, makes it the duty of the sheriff "to prevent such
recapture or seizure, or to redeliver 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 the 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.
Public-domain text, read in full here on John Shaqi.
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