ich 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.

It is not to be disguised that the power which it is thus enjoined upon
the sheriff to employ is nothing less than the _posse comitatus_ in all
the rigor of the ancient common law. This power, though it may be used
against unlawful resistance to judicial process, is in its character
forcible, and analogous to that conferred upon the marshals by the act
of 1795. It is, in fact, the embodying of the whole mass of the
population, under the command of a single individual, to accomplish by
their forcible aid what could not be effected peaceably and by the
ordinary means. It may properly be said to be a relic of those ages in
which the laws could be defended rather by physical than moral force,
and in its origin was conferred upon the sheriffs of England to enable
them to defend their county against any of the King's enemies when they
came into the land, as well as for the purpose of executing process. In
early and less civilized times it was intended to include "the aid and
attendance of all knights and others who were bound to have harness." It
includes the right of going with arms and military equipment, and
embraces larger classes and greater masses of population than can be
compelled by the laws of most of the States to perform militia duty. If
the principles of the common law are recognized in South Carolina (and
from this act it would seem they are), the power of summoning the _posse
comitatus_ will compel, under the penalty of fine and imprisonment,
every man over the age of 15, and able to travel, to turn out at the
call of the sheriff, and with such weapons as may be necessary; and it
may justify beating, and even killing, such as may resist. The use of
the _po