Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-03-18
VOL. 10---NO. Is.

the duty of said Judge at once % discharge
such person upon bail or recognizs.nce fo-
trial as aforesaid And in case the said
Secretaries Of State ond War shEsll for a,ay
reason refuse or omit to furnish tie said
list of persons held as prisoners Us ato:s-
said at the time Of the passage Of this set
within twenty days thereafter, and Of such
persons as hereafter may be arrested With
in twenty days from the time OF lle arrest.
any citizen may, after q grand Jury shall
have terminated its session without find
ing an Indictment OF presentment, "a pro
vided in the second section of this act. b.
= petition alleging the facts aforesaid
touching any OF the persons so rs ;.foIss...a
imprisoned: supported by the oath q ;Is,-
petitioner or any other credible rersc-,.
obtain and be entitled to have the s2id
judges order to discharge such p,.sour~-
on the same terms and conditions pre.c..-
bed IN the second section cf this act; F.-5-
UIded, hO,rerer, That the said iudcc's
shall be satisfied such ALLEGATIONS arc true.
SEC. 4. and BE- If tirtscr enacted, This:
any order of the President, or unt@r h.,,
authority, made at any time during .i.e
existence of the present rebellion, shall y
a defense in ail courts TO any action u
prosecution, civil or criminal, pending o
70 be commenced, for any search, seizure,
arrest, or imprisonment, made, done, u
committed, or acts omitted 10 be done.
under and by virtue of such order, OF
under color of any law of Congress and
sucli defense may be made by special
plea, or unde- the general issue.
SEC ). ind be Il further enacted, 1hs:
if any suit or prosecution, civil or c.iI2i-
nal, has been or shall be commenced IN
any State court against any officer, civil
or military, or against any other person,
for an arrest or Imprisonment made, e.
other trespasses or WRONGS done O. com
nitted, or any act omitted TO be done, 80
any time during the present rebellion, by
virtue or under color Of any authority de-
President of the United States, or any act
of Congress, and the defendant shah, n
the time of entering his appearance II
such court, or If such appearance shall
have been entered before the passage Of
this act, then at the next session of the
court in which such suit or prose cUtion Is
pending, file petition, stating the facts
and verified by affidavit, for the removal
of the cause for trial at the next Ci.Clit
court of the United States, TO be holden
IN the district where the suit is pending,
and offer good and sufficient surety fer his
filing in such court, on the first day of is
session, copies Of such process and other
proceedings against him, and also .c- his
appearing in such court and entering spe-
cial bail in tine cause, if special bail
was originally required therein, II shall
then be the duty of the Slate court TO ac-
cept the surety and proceed no further IN
the cause or prosecution and The bali
that shall have been originally taken shsli
be discharged. And such copies beirg
filed as aforesaid in such court Of he
United States, the cause stall proceed
therein in the same manner as if L had
been brought IN said court by original
process, whatever may be the afnount IN
dispute OF the damages claimed, or what
ever the citizenship of the parties, any
former law to the contrary notwithstand-
ing. And any attachment of the goods
or estate of the defendant by the original
process shall hold the goods or estate 50
attached TO answer the final Judgment IN
the same manner as by the laws of such
State they would have been holden TO
answer final judg1nen; had it been render
ed in the court in which-the suit or prose
cution was commenced And II shall be
lawful in any such action or prosecution
which NAV be now pending or hereafter
commenced, before any State court what
ever, for any cause aforesaid, after final
Judgment, for either party 70 remove and
transfer, by appeal, such case during tho
session or term of said court at which the
same shall have taken place, from such
court TO the next circuit court OF the
United States to be held IN the dis:r5c; IN
which such appeal shall be taken, il man
ncr aforesaid. And il shall be the duty
of the person taking such appeal 10 isrc-
duce and file ia said circuit court aitesieG
comics of the process, proceedings, and
Indictment in such ca,sse and il shall also
be competent for either patty, within SIX
months after the rendition Of a judgment
in any such cause, by wit of e-rc- OF
other process, to remove the same 10 ;he
circui. court of the United States OF that
district in which such Judgment shall have
been rendered; and the said circuit co;11l
shall thereupon. proceed 10 try and desas-
minc the facts and ii.s law iR snch acii5a
in tie same uaaaaer as If The same Aal
: I,cen there originally commenced, -ia
F. iua-ncn, in such case not.>Iil.;..scil a.. Z.