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 is not to be supposed that in the face of these penalties, aided by
the powerful force of the county, which would doubtless be brought to
sustain the State officers, either that the collector would retain the
custody in the first instance or that the marshal could summon
sufficient aid to retake the property pursuant to the order or other
process of the court.
It is, moreover, obvious that in this conflict between the powers of the
officers of the United States and of the State (unless the latter be
passively submitted to) the destruction to which the property of the
officers of the customs would be exposed, the commission of actual
violence, and the loss of lives would be scarcely avoidable.
Under these circumstances and the provisions of the acts of South
Carolina the execution of the laws is rendered impracticable even
through the ordinary judicial tribunals of the United States. There
would certainly be fewer difficulties, and less opportunity of actual
collision between the officers of the United States and of the State,
and the collection of the revenue would be more effectually secured--if,
indeed, it can be done in any other way--by placing the custom-house
beyond the immediate power of the county.
For this purpose it might be proper to provide that whenever by any
unlawful combination or obstruction in any State or in any port it
should become impracticable faithfully to collect the duties, the
President of the United States should be authorized to alter and abolish
such of the districts and ports of entry as should be necessary, and to
establish the custom-house at some secure place within some port or
harbor of such State; and in such cases it should be the duty of the
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 unless by 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 the officers of the
customs it should be lawful to protect the possession of the officers by
the employment of the land and naval forces and militia, under
provisions similar to those authorized by the eleventh section of the
act of the 9th of January, 1809.
Public-domain text, read in full here on John Shaqi.
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