The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-02-12

sress-An Autrocious Bill passed by
the Senate-Arbitrary Arrests Au-
thorized and Justified.
A,beapy blotD at civI Liberty, s0bicb can only
BE aUsrted.by the States and The Pegpfe-
The following is copy of the bill tosin-
demnify the President and other personstor
suspending the privilege of the writ of o.
beascmpus. and acts done in pursuance there
of, which passed the Senats,on Tuesday Of
last week.
Bet enacted &C.. That if any suit or pros
echtion, civil or criminal, has been or shall
be commenced in any state Court against
any officer, civil or military or against any
other person, for any arrest or imprisonun ent
made, or other trespass or wrongs done or
committed, or any act omitted to be done,
at any time during the present febel Zion, by
virtue or under color of any authority de-
rived from or exercised by cor snnder.tbe
President Of the United States, or any, act
of Congress, and the defendant shall, at the
time of entering his appearance In such
Court, or if such appearapee shall have
been entered before the passage of this act,
then, at the next session of the Court in
file petition, stating the facts and, verified
by. affidavit, for the removal of the cause
for trial at the next Circuit Court Of the
United States, to be holden in the district
where the suit is spending. and offer good
and sufficient surety for his fling in such
Court; on the first day Of itssession, copies
ofslsuGhs process and other, proceediugs
against him, and also for his appearing IN
such Court and entering special bail in the
cause, If special bail was originally RED uired
therein. it shall then be the duty of the
State Court to accept the surety and proceed
no further inthe cause of prosecution, and
the bail that shall have been originally ia
ken shall be discharged; and such copies
being filed as aforesaid in such Court of the
the United States, the case. shall proceed
therein in the same manner as ifit had
been brought in said Court by the original
process, whatever may be the amount in dis
pute or the damages claimed, or whatever
the citizenship of the parties, and former
law to the contrary Notwithstanding and
any attachment of the goods or the estate
OF the defendant, by the original process,
shall hold the goods or the estate so attach
ed to answer the final judgment,7in the
same manner as by the law Of such State
they would have been holden to answer
hnal Judgment had it been rendered in the
OONAS III "HlSu sne SeliG OF prose cQtiOQ was
commenced. And it shall be lawful in ary
such action or prosecution which NAV now
be pending, or hereafter commenced. be-
fore any State court whatever, for auv cause
aforesaid, after final judgment, for, eifK err
party to remove and transfer bv appeaI
such case, during the session or term Of said
Court at which the same shall have taken
place, from such Court.to the next eirenit
Court OF the United States TO be held in
the district inswhich such appeal shall be
taken, in manner aforesaid; and It shall be
the duty of the person taking such appeal
TO produce and file in the said Circuit Court
atsested copies of the process, proceedings
and Judgment in such cause: and it shall
also be competent for either party, within
six.months after the rendition of a Judgment,
In any such cause, by writ of error or other
PROCESS, to remove-the same to the Circuit
Court of the United States of that district
in which such judgment shall have been
rendered; and the said Circuit Court shall
thereupon proceed to try and determine
the facts and the law in such action, lin
the same manner as if the same had been
tnere originally commenced, the iudgm ent
IN such case notwithstanding. And apy
bill which may have been taken. or ptoo-
erty attached, shall be holden on the final
Judgment of the said Circuit Court in sncb
actlen, In the same manner as if no such re
moVal and transfer had been made, as. afere-
said. And the State Court from which apv
such action, civil or criminal, may be re-
moved and transferred as aforesaid, upon
the parties giving good and sufficient secu-
MY Ior the prosecution thereof, Shah %lfow
the same to be removed and trasferred .Jand
proceed no further in the Cas- e: Provided
however, that if the party aforesaid shall
fail duly to enter the removal and transfer
as aforesaid, in the Circuit Court aereeably
TO this act, the State Court by which iudg-
ment shall have been rendered, and from
which the transfer and removal shall have
been made as aforesaid, shall be authori
on motion for that purpose, to issue .execu-
ton and carry into effect any such ;udgmeft.
the same as if no such removal and transfer
had been made; and provided. also. that no
such appeal or writ of error shall be allow
ed IN any criminal action or prosecution
where hnsl Judgment shall been rendered in
favor OF the defendant or respondent by the
oIate court; and In any action or presecu-
,lou sSslnst any person aforesaid, it shall be |
raw ior SUCH persons to plead the general |
ISSUE, anc give this act and any special mat |
Ter In evidence. And if any suit hereafter
commenced the plaintiff is nonsuited or
or JuGgm ent passed against him, the defend. |
ant shall recover double costs.
SEC. 2. And be it 5iather enacted, That if
IL snail appear upon the trial of any action
provided Tor and mentioned in the first sec
ton OF this act there was probable cause for
the arrest, imprisonment, or other act COM
planned Of, or that in maki.g such arrest or
I'm Lrisonment, or committing such act. the
defendant acted in good faith under the au-
tnorlty or order of the President of the
y nltea States, ornnder an act of, Congress,
hen and in every such case the foreSoing
acts, or either of th ens shall Constitute "a
ull and complete defense to the action
and II ah all be The d,,tz- e y