Page:Nullification Controversy in South Carolina.djvu/239

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Nullification Controversy in South Carolina

seizure or detention by the collector or his agent; a writ of replevin would be given to the sheriff, who would take possession of the goods and immediately deliver them over to the claimant upon his giving bond, to the value of the goods, that he would prosecute his suit and abide its decision. This bond the sheriff was to retain. The merchant, having received the goods, might dispose of them at pleasure; his declaration was to be filed; the case would come into court; the jury must be sworn to enforce the ordinance of nullification, and, of course, must decide that, the tariff being a nullity, the collector had no claim whatever to the goods; the bond given to the sheriff would be canceled and there the matter would end.

The third clause provided against the retention of goods by the collector or other federal agent in disobedience to the mandate of the court. In such case the sheriff was to make affidavit of the detention and take out a writ of withernam, under which he must seize the private property of the collector, to double the value of the goods detained, and retain it at the expense of the collector and for the benefit of the importer until the goods were surrendered. The fourth clause