The Sun.
London, England, 1833-02-14 00:00:00

Mr. Wilkins, from the Committee on the judi-
ciary, to whom was referred the message of the Pre-
sident of the United States of the 16th inst., rela-
tive to the proceedings of South Carolina, reported
the following bill, which was read and oraered to be
printed :
" A bill further to provide for the collection of
duties on imports.
s.
" Sec. 1. Be it enacted by the Senate and House
of Representatives of the United States of America,
in Congress assembled,---That whenever, by reason
of unlawful obstructions, combinations, or assem-
blages of persons or unlawful threats and menaces
against officers of the United States, it shall become
impracticable, in the judgment of the President, to
execute the revenue laws, and collect the duties on
imports in the ordinary way in any collection dis-
trict, it shall and may be lawful for the President
to direct that the Custom-houses for-such district,
be established and kept in any secure place within
some port or harbour of such district, either npon
land or on hoard any vessel, and in that case it shall
be the duty of the collector to reside at such place,
and there to detain all vessels and cargoes arriving
within the said district until the duties imposed on
said cargoes by law be paid, deducting interest ac-
cording to existing laws, and in such cases it shall
he unlawful to take the vessel or cargo from the
custody of the proper officer of the Customs, un-
less by process from some Court of the Uuited
States, and in case any attempt otherwise to take
such vessel or cargo by any force, or combination,
or assemblage of persons, too great to be overcome
by the officers of the Customs, it shall and may b:
lawful for the President of the United States, or
such person or persons as he shall have empowered
for that purpose, to employ such part of the land or
naval forces, or militia, of the United States, as
may be deemed necessary for the purpose of pre-
venting the removal of such vessel or cargo, and
protecting the officers of the Customs in retaining
the custody thereof, and also fur the purpose of
preventing and suppressing any armed or riotous
assemblage of persons resisting the Custom-house
officers in the exercise of their duties, or in any man-
ner opposing the execution of the revenue laws of
the United States, or otherwise violating, or assist-
ing, and abetting violations of the same.

" Sec. 2. Be-it further enacted, that the jurisdic•
Lion of the Circuit Courts of the United States shall
extend to all cases, in law or equity, arising under
the revenue laws of the United States for which
other provisions are not already made by law. And
if any person shall receive any injury to his person
or property for or on account of any act by hint
done under any law of the United States for the
protection of the revenue, or the collection of duties
on imports, he shall be entitled to maintain suit for
damage therefore in the Circuit Court of the United
States, in the district wherein the party doing the
injury may reside, or shall be found. And all pro-
petty taken or detained by any officer or other pet-
son under authority of any law of the United States
shall be irrepleviable, and shall be deemed to be in
the custody of the law, and subject only to the or-
ders and decrees of the Courts of the United States
having jurisdiction thereof. And if any person shall
dispossess or rescue, or attempt to dispossess or res-
cue, any property so taken or detained as aforesaid,
or shad aid or assist therein, such person shall he
deemed guilty of a misdemeanor, and shall be liable
to such punishment as is provided by the 22d sec•
Lion of the act for the punishment of certain crimes
against the United States, approved the 30th day
of April, Anno Domini 1790, for the wilful obstruc-
tion and resistance of officers in the service or process.
" Sec. 3. Be it further enacted, that in arty case
where suit or prosecution shall be commenced in a
Court of any state against any officer of the United
States, or other person, for or on account of any
act done under the laws of the United States, or
under colour thereof, for or on account of any right,
authority, or title, set up or claimed by such officer
or other person, tinder any law of the United States,
it shall be lawful for the defendant, in such suit or
prosecution, at any time before trial, upon a petition
to said Court, setting forth- the nature of said
suit er prosecution, and verifying the said peti-
tion by affidavit, which said petition and affidavit
shall be presented to said Court, or to the clerk
thereof, or left at the office of the said clerk, to re-
move the said suit of prosecution to the Circuit
Court of the Uuited States then next to be holden
in the district where the said suit or prosecution is
commenced, and thereupon it shall be the duty of
the said State Court to stay all further proceedings
therein; and the said suit or prosecution, upon
presentment of said petition or• affidavit, or leaving
the same as aforesaid, shall be deemed and taken to
be removed into the said Circuit Court, and any
further proceedings, trial, or judgment therein in
the said State Court shall be wholly null and void;
and on proof being made to the said Circuit Court
of the presentment of said petition and affidavit, or
of the leaving of the same as aforesaid, the said
Circuit Court shall have authority to entertain
jurisdiction of said suit or prosecution, and to pro-
ceed therein, and to hear, try, and determine the
same, in like manner as if the same had been origi-
nally cognizable and instituted in such Circuit
Court. And all attachments made, and all bail
and other security given upon such suit or prosecu-
tion shall be and continue in like force and effect as
if the same suit or prosecution had proceeded to
final judgment and execution in the State Court.
And if, upon the removal of any such suit or pro-
secution, it shall be made to appear to the said
Circuit Court that no copy of the record or pro-
ceedings therein in the State Court can be obtained,

it shall be lawful for said Circuit Court to allow
and require the plaintiff to proceed de nova, and to
file a declaration of his cause of action, and the
parties may thereupon proceed as in actions ori-
ginally brought in said Circuit Court, and on failure
of so proceeding, judgment of non pres. may be
rendered against the plaintiff, with costs for the
defendant.

" Sec. 4. Be it further enacted, that in any case
in which any party is, or may be, by law, entitled
to copies of the record of proceedings in any suit
or prosecution in any State Court, to be used in
any Court of the United States, if the clerk of said
State Court shall, upon demand, and the payment
of tender of the legal fees, refuse or neglect to de-
liver to such party certified copies of such record
and proceedings, the Court of the United States in
which such records or proceedings may be needed,
on proof by affidavit that the clerk of such State
Court has refused or neglected to deliver copies
thereof on demand, as aforesaid, may direct and al-
low such record to be supplied by affidavit, or
otherwise, as the circumstances of the case may
require and allow, and thereupon such proceedings
trial, and judgment may be had in the said Court
of the United States, and all such processes awarded,
as if certified copies of such records and proceed-
ings had been regularly before the said Court.
" Sec. b. Be it further enacted, that whenever
the President of the United States shall be officially
informed by the authorities of any state, or by the
circuit, and one of the district judges of the United
States in the state, that within the limit of such
state any law or laws of the United States, or the
execution thereof, or of any process from the Court
of the United States, will in any event be obstructed
by the employment of military force, or by any