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

court that no copy Of the record and proceedings
therein, in :he State court, can be obtained. u
shall be Ia wful for said circuit court to allow and
require the plaintiff 10 proceed de neuo. and to
Ale a declaration Of his cause Of sctiun, and the
parties may thereupon proceed ss in actions orr
ginalIy brought in said circuit court; and on TAIL
ore of 81 proceeding, Judgment ct non pros may
be rendered gaainst the plaintiff, with costs lot
the defendant.
SEC. q. Bel further enacted, That in any case
IN which any party is, or may be, by law, emu
| tied TO COPIES IF the record of proceedings IN
any suit or prosecution in asy State court. 10 De
used in any court of the United States, it the
clerk of said State court shall, upon demand,
and the payment or tender OF the legal ices. re.
fuse or neglect to deliver to such party certihed
copies Of such record ard proceedings, the court
of the United States in which such record Or pro-
ceedings may be needed, on proof by affidavit that
the clerk Of such State court has refused or ne.
elected to deliver copies thereof. on demsnd, as
! aforesaid, nav direct and allow such record TO Dr.
supplied by affidavit, or otherwise, as the circuT-
stances of the case may require and ALLOW; and
| thereopon such proceeding, trial. and judgment
NAV be had in the said court of the U. g., aud all
such processes awarded, as il certified COPIES Of
such records and proceedings had been regularly
before the said court.
SEC. S. Be II further enacted, That whenever
the President of the United States shall be OH
cially 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 limits Of such State, any law or laws of the
United States, or the execution thereof: or 0i
any process from the courts 'Of the United
States, will in any event be obstructed by the en-
pluvment Of military force, or by any other an
lawful means too great to be overcome by the or.
dinarv course Of judicial proceeding, or by the
powers vested in the marshal by existing laws,
it shall be lawful for him, the President ut the
United States, forth with TO issue his prociarna-
ton, declaring such fact or information, and re-
quiring all such military or other force forthwith
to disperse; and if, at any time after the issuing
Of such proclamation, any such opposition or oil.
s%truction shall be made in the manner or by the
means aforesaid, the President shall be. and here.
by Is authorized, promptly to employ such means
to resist and suppress the same, and to cause the
said law or process to be duly executed, as are
authorized and provided in The cases therein men,
toned, by the act of the 28th Of Feb. 1795, en-
titled An act to provide for calling forth the
militia to execute the laws Of the. Union. suppress
insurreotions. repel invasions, and TO repeal the
act now in force for that purpose" And, also.
BY the act of Sd March. 1907. entitled, "An
act authorizing The emplny ment Of the land and
naval forces of the United States in cases Of in
surreotiou."
SEC. 6. BE IL further enacted, That in any
State where the jails are not allowed 10 be used
Tor the imprisonment of persons arrested or com
united under the laws Of the United States, or
where houses are not allowed to be SO used, u
snail aud may be- lawful for any marshal, under
the direction Of the judge OF the United States,
for the proper district, to use Other cOvenient
places, and 10 make such other provision as he
may deem expcdient and necessary for that pur-
pose.
Sec. z. BE II furfier enacted. That either OF
the justices cf the Supreme Court. or a judge n
auy District Court If the United States, in adj
dition to the authority already conferred by law.
shall have power to grant writs Of habeas corpus
in ali cases OF a prisoner or prisoners. in Jail or
confinement, where he or they shall be commit
ted on or by any authority or law for any act
done, or omitted to be done, in pursuance OF a
law of the United States, or any order, process.
or decree, Of any judge or court thereof, any
thing in any act Of Congress 10 the contrary
no, Notwithstanding. And if any person or persons
to whom such writ of habeas corpus may be direc-
ted, shall refuse to obey the same, or shall ne
elect or refuse ro make return thereto, in addition
to the remedies already given BY law, he or they
shall be deemed and taken to be- guilty OF a
misdemeanor. and shall, on conviction before
any court Of competent jurisdiction. BE- punished
by fire not exceeding dollars. and BY i'm
prisonment not exceeding or BY either.
according to the nature and agsravation Of the
case.
THE bill was unaccompanied by any Report.
In the Hsnse Of Representatives, Mr.. YER
planck, from New York, Mr.. Sutherland, from
Philadelphia. and Mr.. Howard, from Baltimore.
presented memorials relative to the duty on foS-
sill and manufactured common Salt, imported in
to the United States. These memorials state the
following facts:-
1t has, heretofore, been found that our ship
ping, employed in conveying to foreign markets
our cotton, tobacco, -four, and other staple pro
ductinns Of the extensive regions If the Valley of
the Mississippi, as well as of our fertile country
on this side Of the mountains, have derived great
advantage, in bringing, in return cargoes, large
quantities OF prepared common salt. TINS arti.