Page:Works of John C. Calhoun, v1.djvu/345

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before as well as after final decision, from the State courts to either the circuit or Supreme Court of the United States; to the exemption of all the employees and officers of the United States, when acting under the color of their authority, from civil and criminal proceedings in the courts of the State, and subjecting those of the States, acting under their respective laws, to the civil and criminal process of the United States; to authorize the judges of the United States court to grant writs of habeas corpus to persons confined under the authority of the States, on the allegation that the acts for which they were confined, were done under color of the authority of the United States; and, finally, to authorize the President to use the entire force of the Union — the militia, the army and navy — to enforce, in all such cases, the claim of power on the part of the United States. If the courts of the States, be, indeed, inferior courts — if an appeal from them to the Supreme Court of the United States can be rightfully authorized by Congress, all this may be done. May! It has already been done. All that has been stated as possible, is but a transcript of the provisions of the act approved 3d March, 1833, entitled "An act to provide for the collection of duties on imports" — as far as it relates to the matter in question.

But if such powers can be rightfully vested in the courts of the United States by Congress, for the collection of the revenue, no reason can be assigned why it may not vest like powers in them to carry into execution any power which it may choose to