The Arkansas advocate., 1833-02-27

district wherein the party doing the injury
 may reside, or shall De found. And all
 property taken or detained by any officer
 or other persons under authority of any
 law of the United States, shall be irfeple- yiabie, and shall be deemed to he in the
 custody of the law, and subject only to the
 orders and deerees of the Courts of the
 Ontted states, having jurisdiction thereof.
 And If any person sha.i dispossess or res
 cue. or attempt to dispossess or rescue, a. 1 ny property so taken or detained as afore-
 sad, or shall aid or assist therein, such
 person shall be deemed guilty of misde-
 meanor, and shall be liable to such pm isiment as IS provided by the 22a section
 of the act for tic punishment of certain
 crimes against the United States, approy- ed tisc oUth day of April, Anno Doinini, one thousand seven hundred and ninety,
 for the wiifnl obstruction and resistance Of officers in the service of process.
 Sec. ,. Be i further enacted. That in
 any case where suit or prosecution shall be commenced in court of any state against any officer of the United States, or other persoh,for or on account of any sct done un- der the laws of tlie u.States, CT under color thereof or for or account of any right
 authority or title, sctup or claimed by such officer or other persons under any law of ! the United States, 1t shall be lawful for the defendant in such suit or prosecution,
 al any time before trial, upon petition 5so Said suitft, setting forth ti.e nature Of said suit, or prosecution, aud verify ing the said petition by affidavit which said pc tition and affidavit shall be presented to said court, or to the clerk thereof, arleft al the office oi the said clerk, 10 remove the said suit or prosecution, 10 the Circuit Court Of the United States then next to be holden in the district where the said suit or prosecution IS coiDnenced; and there- upon, II shall be the duty of the said State court 10 stay ali further proc eedings thcre- in; and tise said tor pros ee.ltion, aps5s presentIneut of said petition, or affidavit, or leaving tie same as aforesaid, shall be deemed and taken to be removed into the said cifcuit count, and any further pro eeedibgs, trial judgment therein, in tite said stale court. shall be wholly null and void; and on proof being made to the said circuit court of the pYesenimeDt Of said petition and affidavit, or of the leay- ing of the same as aforesaid. the said cir- cult court shall have authority to enter tain jurisdiction of said suit, or prosect-s ton, and 10 proceed therein, and 10 hear try, and determine tie same, IT like man her as if tie same Lad been originality cog nizabie and instituted in such circuit court. And all attachments made, and all bail and other security given npon such suit or prosecution. shall be aud continue in like ] force and effect If sse same suit or pro- secutlon bad proce eded to final judgment
 and execution in the state court. And if. npon the removal of any snch suit or pro- l sccatioE, II shall te made 10 appear to tic ea | eiretiit court that no copy of the re
 cord and proceedings therein, in the state court, can he obtained, il shall be lawful for said circuit court to allow and require
 the plaintiff 10 proceed ae a6ro, and to file
 a declaration of his cause Of action and
 the parties may tllereupon proceed as in
 actions originally brought in said circuit court; and on failure of so proceeding, judgment of Roa prog may be rcndercd a. gainst the plaintiff, with cost for tie de fendant.
 Sec. 4 Be t further enacfed, that in any
 case in whict any party is, or may he. by i law, entitled to copies of tic record of proceedings in any suit CT prosecution in 1 any State court, to be used III any court of the United States, if the clerk of said State court slaH, upon demand, and the l payment or scndef of tie legal fees. refuse or neglect to deliver to such party cerli- fled copies of such record and proceedings, tbe Court of the United States in which
 such record or proceedings may be needed on proof hy affidavit that the clerk of such State Scurt has refused or neglected to de-
 liver copies thereof, on demand as afure- said, may direct and allow such record to
 be supplied by affidavit, or otherwis ise, as tho circumstances oi tho case muy require and ailoss; and tiereupun such proceeding
 trial. and judgment may be bad the said
 court of the nitcd States, and all such l process award ed, as if certified copies of such records and proceedings had been | regularly before the said court.
 Sec. 5. Be |! ftsthey enacted, That when ! ever tie President af the United States
 shall be officially informed by the authori-
 ties of any State, or by the circuit and one
 of the district judges of tic 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 of any pro- l cess from tho courts of the United States,
 " i'll ip any event be obstructcd by tie em- pioyment of military force, or by any oth-
 CT unlawful means too great 10 be oycrs
 come by the ordinary course of judicial
 proceeding, or by the powers vested sin
 tho Marshal hy existing laws, i; shall be
 lawful for him, the President of the Uni ! ted States, forthwith to issue his proca-
 nation, declaring such fact or information
 and requiring all such military or other force forthwith to disperse: and if, at any
 lime after the issuing of such proclamation.
 any such opposition or obstruction shall \ be made in the manner or by the means a.
 fs-csa;d, the President stall 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 10 be duly executed, as are authorized and provided
 in the cases therein mentioned, by the aci
 of tie 2StiI of Feb. 1795, entitled, ]" An . act to provide for calling forth the militia
 to execute the laws of the Union, suppress il insurractons, repcl inyasions, and to re peal the act now in force for that purpose