in
dispossessing the custom-house officers, and in seizing and holding the
goods, without paying the duties. This is the second step in the
peaceable remedy.
Sir, whatever pretences may be set up to the contrary, this is the
direct application of force, and of military force. It is unlawful, in
itself, to replevy goods in the custody of the collectors. But this
unlawful act is to be done, and it is to be done by power. Here is a
plain interposition, by physical force, to resist the laws of the Union.
The legal mode of collecting duties is to detain the goods till such
duties are paid or secured. But force comes, and overpowers the
collector and his assistants, and takes away the goods, leaving the
duties unpaid. There cannot be a clearer case of forcible resistance to
law. And it is provided that the goods thus seized shall be held against
any attempt to retake them, by the same force which seized them.
Having thus dispossessed the officers of the government of the goods,
without payment of duties, and seized and secured them by the strong arm
of the State, only one thing more remains to be done, and that is, to
cut off all possibility of legal redress; and that, too, is
accomplished, or thought to be accomplished. The ordinance declares,
_that all judicial proceedings, founded on the revenue laws_ (including,
of course, proceedings in the courts of the United States), _shall be
null and void_. This nullifies the judicial power of the United States.
Then comes the test-oath act. This requires all State judges and jurors
in the State courts to swear that they will execute the ordinance, and
all acts of the legislature passed in pursuance thereof. The ordinance
declares, that no appeal shall be allowed from the decision of the State
courts to the Supreme Court of the United States; and the replevin act
makes it an indictable offence for any clerk to furnish a copy of the
record, for the purpose of such appeal.
The two principal provisions on which South Carolina relies, to resist
the laws of the United States, and nullify the authority of this
government, are, therefore, these:--
1. A forcible seizure of goods, before duties are paid or secured, by
the power of the State, civil and military.
2. The taking away, by the most effectual means in her power, of all
legal redress in the courts of the United States; the confining of
judicial proceedings to her own State tribunals; and the compelling of
her judges and j
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