Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-23
CONGRESS.

CUNG NESS
In the Senate on Monday, Mr.. wilkins. from
The Committee on the Judiciary, to whom was re-
ferred the message Of the President Of the Unit
ed States Of the 10th instant, relative to the pro-
eeeding. Of South Carolina. reported the follow
ing bill, which was read and ordered to be print.
ed:
A BILL
Further to provide for the collection Of duties on
imports.
SEC. /. Be Il enacted by the Senate and House
of ReprtseniafiUes If the United States Of fine
Tica in Congress assembled, That whenever, by
reason Of unlawful distractions. combinations,
or assemblases Of persons, or unlawful threats
and menaces against officers of the United
States, It shall become impracticable, in the judg-
ment Of the President, to execute the revenue
laws, and collect the duties on imports 10 the or
binary way, in any collection district, it shall,
and may be lawful for the President to direct
that the custom house for such district, be esta-
bIished and kept in any secure place within some
port or barbor of such district, either upon land
or on board any vessel; and in that case it shall
be the duty Of the Collector to reside at such
pIace, aud there tn detain ALI vessels and cargOes
arriving within the said district until the duties
imposed on said cargoes by law be paid, deduct
ing interest according to existing laws: and IN
such cases il shall be unlawful to take the YES
sci or cargo from the custody Of the proper OH
Ger Of the customs, unless by process from some
court Of the United States; aud in case Of any
attempt other wise to take such vessel or cargo.
by any force or combination, or assemblaae OF
persons, too great to be overcome by the officers
of the customs, it shall and may be lawful Tor
the President Of the United States, or such per-
son or persons as he shall have empowered Tor
that purpose, to employ such part OF the land or
naval forces, or militia Of the United States, as
NAV be deemed necessary for the purpose of pre-
venting the removal Of such vessel OF cargo, and
protecting The officers of the custnms in retain
ing the custody thereof, and also for the purpose
Of preventing and suppressing any armed OF rlo-
tous assemblage Of persons resisting the custom
house officers in the exercise Of their duties, or
in any manner opposing the execution of the re.
venue laws of the United States, or other wise
violating or assisting aud abetting violations Of
the same.
SEc.e 6. BE Il further enacted, That the iuris-
diction of the Circuit Courts of the United
States shall extend to ali cases, in law or e4ui
", arising under the revenue laws of the United
States, for which other provisions are not alrpa-
DIV made by law. And il a0y person shall re-
eeise any injory to his person or property. for
or on account Of anv act by him done, under
any law pf 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 therefor, in tie Circuit Court Of the
United States in the district wherein the patty
doing the injuty may reside. or shall be found
And all property taken or detained BY any Off
Ger or other person, under authority of any law
" - 49, Ill - ..-- ,Ll. --I
shall be deemed to he in the custody Of the
law, and subject only tn the orders and DEGREES
Of the courts of the United States, having juris-
diction thereof. And if.any person shall dis
possess or rescue. or attempt to dispossess or
rescue, any property so taken or detained as
aforesaid, or shall aid or assist therein, such
person shall be deemed guilty Uf a misdeineanor,
and Snail be liable 10 such punishment as is pro-
vided by the 22d section Of the act for the pu-
nishment Of certain crimes against the United
States, approved the S0th day of April, Ammo
Domini one thousand seven hundred and ninety,
for the wilful obstruction and resistance Of Off
GERS in the service OF process.
Sec. s. BE II further enacted, That in any
case where snit or prosecution shall be commence
ed in a court Of any State against any officer of
the United States, or other person, for or on ac-
count of any act done under the laws Of the U.
States, UT uUuct CV'Oi tuCtSOt VI " VII az
count of any right, authority, Or title. set up or
claimed by such officer or other person under 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, or prosecu-
ton, and verifying the said petition by affidavit,
which said petition aud affidavit shall be present
ed to said court. or to the clerk thereof, or left
at the office of the said clerk, to remove the said
suit, or prosecution, to the circuit court of the
United States then next to be holden in the dis.
trct where the said suit, or prosecution, is com-
menced; and, thereupoD. It shall be the duty OF
the said State court to stay all further proceed
ings therein; and the said suit or prosecution,u up.
on presrntmeat 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 farther proceedings. trial, or iudg.
ment therein, in the said State conrt, 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 az aforesaid. the said circuit court shall
have authority to entertain jurisdiction Of said