ional authorities;
each, and both, would sever the Union and subvert the government.
Mr. President, having detained the Senate so long already, I will not
now examine at length the ordinance and laws of South Carolina. These
papers are well drawn for their purpose. Their authors understood their
own objects. They are called a peaceable remedy, and we have been told
that South Carolina, after all, intends nothing but a lawsuit. A very
few words, Sir, will show the nature of this peaceable remedy, and of
the lawsuit which South Carolina contemplates.
In the first place, the ordinance declares the law of last July, and all
other laws of the United States laying duties, to be absolutely null and
void, and makes it unlawful for the constituted authorities of the
United States to enforce the payment of such duties. It is therefore,
Sir, an indictable offence, at this moment, in South Carolina, for any
person to be concerned in collecting revenue under the laws of the
United States. It being declared, by what is considered a fundamental
law of the State, unlawful to collect these duties, an indictment lies,
of course, against any one concerned in such collection; and he is, on
general principles, liable to be punished by fine and imprisonment. The
terms, it is true, are, that it is unlawful "to enforce the payment of
duties"; but every custom-house officer enforces payment while he
detains the goods in order to obtain such payment. The ordinance,
therefore, reaches everybody concerned in the collection of the duties.
This is the first step in the prosecution of the peaceable remedy. The
second is more decisive. By the act commonly called the _replevin_ law,
any person whose goods are seized or detained by the collector for the
payment of duties may sue out a writ of replevin, and, by virtue of that
writ, the goods are to be restored to him. A writ of replevin is a writ
which the sheriff is bound to execute, and for the execution of which he
is bound to employ force, if necessary. He may call out the _posse_, and
must do so, if resistance be made. This _posse_ may be armed or unarmed.
It may come forth with military array, and under the lead of military
men. Whatever number of troops may be assembled in Charleston, they may
be summoned, with the governor, or commander-in-chief, at their head, to
come in aid of the sheriff. It is evident, then, Sir, that the whole
military power of the State is to be employed, if necessary,
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