Cherokee intelligencer. (Cherokee (C.H.)) 1833-1834, April 06, 1833, Image 2

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MISCELLANEOUS, & :*#*** *-* -** •- *** ** * >* - SUPERSTICIOUS CURSES. 1. A ring made of the hinge of a coffin, will prevent ciamp—[l have hardly ever known it to fad. 2. A halter wherewith any one hath been hanged, if tied about the head, will cure the. headache. [Tight around the neck is an in falible cure. 3. Moss growing on a human skull, if dri ed, powdered, and taken as snuff, will cure the head-ache. 4. A dead man’s hand will dispel wens or swelled glans—if it be bbrued nine times on the place affl.ctcd [Recollect nine times, no other Dumber Will do.] 5. Thouch a dead body—one simple touch, nnd it will prevent you from dreaming of It. 6. Steal a piece of beef; rub warts withit then bury it or throw it over your b-ft shoulder nnd do not look behind you—when the beef rots, your waits will decay. [I have tried this once, and never knew it to fail-] J. A fragment of a gibbet or gallows, on which one or more individuals have been exe cuted,-if worn next the skin, win prevent the ague. [1 have never tried this. Ma, has, and although she travelled through the low country one summer, she never bad the ague.] 8. A stone with a nole in it hung at the bed’s hea3‘, will prevent the nightmare. [I have al ways had this hanging at my bed’s head, and 1 have never yet had the nightmare.] 9. If a tree of any kind be split, and weakly children drawn through it, and afterwards the tree be bound together, so as to make it unite ns the tree peals the child will acquiiestrength, j [Brother Tommy was perlectly cured in this way.] ! FORTY YEARS AGO. Forty years ago—Literature meant learning, and was supported by common sense. Refined j nonsense had no advocates, and was pretty gen erally kicked out of doots. Forty years ago—Men of property could la bor and wear homespun to church; women Spin and weave, make butter and cheese, whose ' husbands were worth thousands. I’orty years ago—There was but fewmer-j chants in the country, few insolvent debtors, ■ and they very rarely imprisoned for debt. Forty years ago—The young ladies of the first respectability learned music, but it was the humming of the wheel and learned the ne cessary steps of dancing in following it—Their piano was a loom, their parissol a broom, and their novel the Bible. Forty years ago—The young gentlemen Jioed corn, chopped wood at the door, and went I to school in the winter, to learn reading, wri- , ting and arithmetic. Forty years ago—There were no such things es balls in the smniner, ami but few in the , winter except— — snow balls, Forty year# ago—l fa Mechanic promised to do your wot k‘you might depend on his word,; the thing would be done. Foity years ago— When a Mechanic bad finished bis work he was immediately paid For it A few evenings «ince, a handsome young girl, a domestic in a respectable family in this city, was jsent out on an errand. She had not proceeded /ar up Broadway, when she was accosted by one of those worthies, Who, in the garb nf gentlemen, make it a practice to insult females who appear without a protector in the streets; or as they have it, pick them up. lie asked her if he should have j th< pleasure of seeing her heme? to which she re- ; plied certainly-—and then requested him, as he was polite cnoagh to see her home, she would J thank him to carry her bundle for her—-to which Jir joy fully consented. They proceeded up! Broadway to the corner of Walker street; when ! suddenly the lady disappeared, leaving the gentle man with the bundle iti his hands, haHooing after her, tor it seethed he was too much astonished to follow her.— lie thqn began to think what the ‘ bundle contained, for it felt warm, and something in i f seemed to move. His fears were excited- - he proceeded to examine the contents, and what «do you suppose, gentle reader it contained? A child, you would say of course, unfortunately for the gallant gentlemen, no! but four new born kit tens. which the girl had been sent out to loose in the street, in preference to drowning them. It is ■truly to be hoped the gentleman has taken fatherly charge of the poor little four fooled orphans, thus kindly entrusted to his care. AN IMPOSSIBILITY, .Two Irish barristers of the names of Doyle and 'Yelverton were constantly quarrelling before the bench. One day the dispute rose so high that the incensed Doyle knocked down his adversary, ex claiming vehemently. You scoundrel Hl make you behave like a gentleman? The other smarting ■under the blow, as he lay on the ground, energeti «h Uy replied. No. never! 1 defy you. You can not do it, sir! An Irish Foldier who came over with Gen. Moure, being asked if he met with much hospitali ty tn Hol'and. O yes, replied he, too much, 1 whs in the hospital almost all tho time I was there. POLITICAL. SOUTH CAROLINA CONVENTION. “ Columbia, Clutch 12. “At 1 o’clock, pursuant to adjournment, the Conven ion was opened with prayer by the Rev. Mr. R ay, ajmember. Mr. Colcock, from the Committee of twen tv-one, asked for further time to deliberate on the matters submitted to them, stating that the Committee had been so arranged, as that the Acts of Congress, Mr. Clay’s and Mr. Wilkins, bill, and the Commission from Virginia, were under consideration respectively, by the sub committees, and that for the want of important paper, that branch of the Committee on Mr. Clay’s bill, were unable to report to-day, but would to-morrow. “The P resident announced that Mr. B. R. Smith, from S’. Bartholomew’s; Mr. Gill, from Lancaster; Mr. Gause, from Kingston ; and Mr. Goggesliall, had produced their certificates’ and ivere duly enrolled as members. “ Mr. James Hamilton, jr. was announced as being placed on the Committee of twenty-one, vice°Gov. llayne, elected President, and Mr. R. B. Wilkins, in place of Mr. Henry Liddle i ton, who would not probably he in attendance, j “ Mr. James Hamilton, jr. submitted a reso ’ liltion, appointing a Committee to examine the J accounts of the Convention, and to ascertain what balance remains in the bank, and to re port, &.C. , which being agreed to, Messrs. S. L. Simons, Bauskett and Chester, were ap bointed. | “There being no more business presented, the Convention adjourned to 12 o’clock to morrow. “To-day the gallery was crowded, no doubt in expectation of a report from lite committee of twenty-one. It is very confidently believed that the Convention will accept the bill of Mr. Clay, still contending, however, that it has not modified as much as the State had a right to demand. In reference to a repeal of the Or dinance, it is conjectured by some that it will remain in statu quo, inasmuch as the modifica tion proposed, is the basis of relinquishment on the tariff for protection, and therefore the Or dinance has no further bearing on the acts of > JB2B and *32. Others again conjecture, that it will bo repealed in due form. However, there seems to be a very general belief that Mr. Clay’s bill will operate as a quietus for the present. “ The bill for the further collection of the Revenue, will be disposed of no doubt in a very different manner ; and it is presumed that an Ordinance, to render it inoperate with the ju risdiction of this State, will be reported to the Convention. “The commission from Virginia, which is ! the third matter before the Committee, will ■ meet a very respectful consideration from the . | Convention, and will also, beyond a douht. in- , . ffuencc its deliberations.” Columbia, 31 arch 13. ! The Convention met pursuant to adjourn- | ment, and was opened with prayer by the Rev. i I Air. Walford. “Mr. C. J. Colcock, from the Committee I of twenty-one, submitted the following REPORT. | The Committee to whom was referred the i communication of the Honorable B. W. Leigh, Commissioner from the State of Vir- ; , ginia, and all other matters connected with | the subject, and the course which should bo 1 pursued by die Convention at the present important crisis of our political affairs, beg leave to REPORT IN PART That they have had under consideration, the ' act passed at the lasi session of Congress, io | - modify the act of die 14lhul July 1832,and ' all other acts imposing duties upon imports ; and have duly deliberated on die course which , it becomes the people of South Carolina to J pursue at this interesting crisis in ou> political affairs. It is now upwards of ten yeare since ' the people and constituted authorities of this | State, took ground against the protecting sys tem, as unconstitutional, oppressive, and unjust, and solemnly declared in language which was then cordially responded to by tho other . Southern Slates, that it never could be Sub- : mined to as the settled policy of the country. I After remonstrating lor years against this sys tem in vain, and unking every possible effort to pioduce a redress of this grievance by in voking die prelection of the consthution, and by appealing to the justice of our Brethren, 1 we saw during session of Congress, which end- I cd in July last, a niordification effected avowed ly as ihe final adjustment of the I’ariff, to take effect alter the complete extinguishment of die public dept, by which the protecting system i . could oulv be considered as riveted upon the i country forever. Believing that under these circumstances, there was no hope of any fur ther reduction of the duties from he ordinary t action of the federal government; and convinced that under the operation of this system the la | tior and capital of the plantation siates must be forever tributary to the manufacturing slates, and that we should in effect be reduced to a condition of colonial vassalage, South Carolina felt herself constrained, by a just regard lor her own rights and interests, by her love oi liberty and devotion to the Constitution, to interpose in her sovereign capacity for the purpose of arresting the progress of the evil, and maiu i taining, within her own limits, the autorifles, j rights and liberties appertaining to her as a sove t reign stale. Ardently attached to the union of the states, the people of South Carolina were still more devoted to the rights of the States’, without which the Union itself would cease to be a blessing; and well convincedth.it the regula tion of the whole lobour and capital ol this vast confederacy by a great central Govern ment must lead inevitably <o the total destruc tion of our free institutions, they did not hesitate to throw themselves fearlessly into the breach, to arrest the totem of usurpation which was sweeping before it all that was truly valuable in our political system. I he effect ot this interposition, if it has not equalled our wishes, has been beyond what existing circumstances would have authorized us to expect. The spectacle of a single State, unaided A alone, standing up for her rights—m • lluenced by no other motive than a sincere de sire to maintain the public liberty and bring a . bout a salutary reform in the administration ol . the Government, has aroused the attention of the whole country, and has caused many to . pause and reflect, who have heretofore seemed ) madly bent on the cotisumation of a scheme of , bolicy absolutely fatal to the liberty of the peo ; pie and the posperity of a large portion of the Union. Though reviled and slandeied by j those who pecuniary or political interests stood . in the way of a satisfactory adjustment of the t controversy —deserted by many to whom she . had a right to look for succor and support, and t threatened with violence from abroad and con vulsions w ithin. South Carolina, concsious of . the rectitude oj her intentions and the justice j of her cause, has stood unmoved ; firmly re j solved to maintain her liberties, or perish in :tfie conflict. ’Fite result lias been a beueticqd modification of the tariff of 1832, oven before tho time appointed for that act to go into effect, and within a lew months after its enactment, accompanied bv a provision /or a gradual re duction oj the duties to the revenue standard. Though the reduction provided for by ihe Bill, which has just passed, is neither in its a mount or the time when it is to go into effect, such as tho South had a right to require , yet such an approach has been made towards the j true principles on which tlui duties on imports ought to be adjusted under our system, that the People of South Carolina are willing solar to yield to the measure, as to agree that their Or- ■ dinance shal[ henceforth be considered as hav- ' ing no force or effect. Uncquafand oppressive | as the system of raising revenue by duties upon ! imports, must be upon the Agricultural States, ; which furnish more than two thirds of ihe do mestic exports ofthe United States yet South I Carolina always has been, and still is willing ; to make large sacrifices to the peace and har mony of the Uuion. Though she believes that the protecting system is founded in the assump- ! tion of powers not granted by the Constitution ’ to the Federal Government, yet she has never ■ insisted on such an immediate reduction ofthe i > duties as should involve the manufacturers in rum. That a reduction to tno lowest amount necessary to supply the wants of the Govern ment, might be safely effected in four oi five years, cannot in our estimation, admit of a tea- ! sonable doubt; still, in a great struggle for principles, South Carolina would distain to cav- ■ ff about a small amount of duties, and a few years more or less in effecting the adjustment, provided only she can secure substantial jus tice, and obtain a distinct recognition of the principle for which she lias so long contended. 1 Among the provisions of the new Bill, winch i recommend it to our acceptance, is tno estab ' lishment of a system of ad valorem duties’, and the entire ab mdonnieni of the specific duties, | and the minimums. Tyrannical provisions, by j which duties rated nominally at 25 per cent, j wi re in many cases raised to upwards ol 100 I per cent, and by which the coarse and cheab articles, used by the poor, were taxed much higher than (he expensive articles used by the rich ; an unjust and odious regulation, against which we have constantly protested in the 1 most earnest terms. The reduction before the expiration of the present year of one tenth part ; of the duties on all articles “exceeding twenty , per cent, on the value thereof, embracing the I entire mass of the protected articles, and a gradual reduction thereafter, on such articles, down to 20 per cent, ihe duties upon which, under the tariff of 1832, range from 30 io up wards of 100 per cent, and average upwards of 50 per cent, arc great and manliest ameliora tions of the system to the benefits of which we ; cannot be insensible. But great as must be the advantages of these reductions, they arc small in comparison with the distinct recognition, in the new Bill, of two great principles which we deem of inestimable value— that the duties shall eventually be brought down to the revenue I standard, even shall it be found necessary to J reduce the duties on the protected articles be ; low 20 per cent., and that no more money i shall be raised than shall be necessary to an I economical administration of the Government. I These provisions embody the great princi- I pies in reference to this subject for which ' South Carolina Ins so long and so earnestly contended, and if the pledge therein contained . shall be fulfilled in good faith, —they must, in their operation, arrest the abuses which have grown out of the unauthorised appropriations ofthe public money. We should consider the i reduction ofthe revenue to the amount “neces sary to the economical administration govern ment,” as one ofthe happiest reforms which could possibly take place in the practical oper- I ation of our system; as it would ariest the pro- I gross of corruption; limit the exercise of Execu tive patronage and power —restore the inde pendence of the slates, and put an end to :II those questions ofdisputed power, against which we have constantly protested. It is this aspect of the question which has reconciled us to the provisions of the new bill, certainly not free from objections, which provide for the intro duction of linens, silks, worsted and a number |of other articles// ce. of duty. The reduction of revenue which w ill thereby be effected, and the beneficial influence of a free trade, in sev eral of these articles which are almost exclusive ly purchased by the agricultural staples of the Souihern States, and which will furnish an ad vantageous exchange for these productions, to the amount of several millions of dull irs an nually, are consideration not to be overlooked. Nor can we be insensible to the benefits to be derived from the united efforts of the whole South, aided by other states having interests identified with our own in bringing about the late adjustment ofthe tar.ff, promising, we trust for the future, that union of sentiment, and concert in action, which are necessary to se cure the rights and interests of Southern Stales. On the whole, in whatever aspect the question is contempl ited, your committee find in the late modification oi' the tariff, cause for congrat ulation an 1 triumph. Ifwe h ive not yet suc ceeded in the complete establishment ofthe great principles of nee tiado and constitutional liberty, such progress has been made towards the accomplishment the former as must serve to rekindle our hopes and excite us to fresh exertions in the glorious work of reform in which we are engaged, infl fenced by thc«e views, the corniniitee is satisfied that it would not comport with the liberal feelings ofthe people of Seuih Carolina; nor be consistent with the sincere desire by which they have al ways been animated, not only to live in harino ’ny with their brethren, hu: to preserve the Un ion ofthe States, could they hesitate under ex isting circumstances in recommending that the ordinance of Nullification, and the acts ot the Legislature consequent thereon.be henceforth held and deemed ol no force and effect, And they recommend the following ORDINANCE. Whereas, the Congress of the United States by an act recently passed, has made such a re duction and modification of the duties upon for eign imports, as amounts substantially to an id- I i imiatu reduction of the duties to uie Revenue Standard ; and ih.it no higher duties shall b< laid than may be nocuss iry to defray the econ omical expenditures ofthe Government. It is further ordained and declarce. Thai tho Ordinance entitled an Ordinance to Nullify certain acts of the Congress of the United Stales, purporting io be laws laying duties on' i the importation of foreign commodities, and all < acts passed in pursuance thereof, be henceforth I deemed and held to have nu force or effect; provided that the act entitled an act further to i alter and amend the the mililia laws of this t state, passed on the 20i.1i day of December, ! | 1832, shall remain in force until it shall be re- ■ i ! pealed or modified by the Legislature. I | On motion of Mr. J. L. Wilson, the Re- 1 < ■port and Ordinance were made the order of! I ; the day for to-morrow, and ordered to be prill- ' 1 ted. 1 Mr. J. L. Wilson submitted to the following ; Resolution ; Resolved, that a committee be up- ' pointed to wait upon our Senators and Repre- i senlutives in Congress, now in the town of Co-! : lumbia, and request them to give us genuine in- j i formation, relative to the late proceedings of I ■ the Federal Government towards S >uth-C iro- I i lina, in consequence of the Ordinance of Nui- 1 lification, passed by the people of this state in November last ; and that the committee report ! what arrangements may be made, as to the man- I ncr and time of giving the inform ition desired ; I . which was agreed to, and Messers Wilson, ! Hamilton and J ohnson, were appointed the coni- ' mitice. Mr. J. L. Wilson submitted the following Preamble and Resolutions : Whereas, a con vention of tile s;ale has been called to place the ; state of Soudi-Carolina upon its sovereignty ; ! . and to consider of, and to do all such acts as ! may, in the opinion of this convention, serve : i more effectually to perpetuate the same; and ! ■ whereas, protection and allegiance are recipio- i ! cal duties, and a fundamental of all govern- ' ments; He it further Resolved, that it is expe- i 'dient and proper, that the constitution of this ! I Slate be so altered and amended, as to require.! | every elector, who may claim to exercise the ' elective franchise, in addition to the oath of 1 qualification now prescribed, to take an oath of' ! allegiance to the state of South-Carolina, and ■ upon the refusal of any elector to take such I oath, the managers of Elections shall not be permitted to receive his vote. Resolved, Th at it is expedient and proper ; that all officers hereafter io be elected to any i i offices of honor, profit and trust, civil or milita- ; ’ ry, be required to lake an oath of paramount al- , legiance to the stale of South-Carolina. ; On the question of considering the Preamble I ; and Resolutions, Mr. Turn'iull informed the • ! convention, that the subject matter thereof was j already before the committee, and that a report ■ thereon, would be submitted as soon as prepar ! cd. Air. W ilson then moved a reference of ; them to the committee of twenty one, which being agreed to, Air. Hamilton moved that Air. Wilson be added to ihe committee. Adjourned at 11 o’clock to-morrow. The fust resolution offered by Mr. Wilson will, it is presumed, call forth the explanation I and information required from Mr. Calhoun or ; Mr. Al’Duffie, and perhaps from both. Thus ' you will discover, tint one more day will be ; necessary to hear these gentlemen, which will , prolong the time at least until Saturday. The consideration of Mr. Colcock’s report, being ihe order of the day for to-morrow, we may have some argument thereon, but the majority will control this matter. There was to-day an unusual crowd, the gal , lery being filled, and such is the deep interest j excited by the deliberation of the body, that seals are taken early to secure a hearing. Item— As matter of news, but unconnected! with my report, have to say, Alcssers. Drayton, i Bl.lir and Alitchell, were hung and burn* in of- ■ i last night. 1 his wis done in consequence .■ lof their vote on the bill of Air. Wilkiin. The ' crowd in attendance is stated to have been very great. => . In addition to the information furnished by our correspondent relative to the proceedings ai Columbia, we learn from the Southern Pat riot, that Alt. Wilson’s motion, calling on the members of Congioss for the “genuine informa tion” in llirir possession on the subject of the new tariff and Revenue Collection Bills, was i opposed by Messers. H imillon, Miller and Colcock, fioma fear, it thought that Air. Cal houn wquld be called on to mike a communi cation which he would rather avoid. The mo tion to lay Mr. W Ison’s resolution wis adopt ed. This is the measure in which Gov. II imilton his been foiled since he commenced his career of Nullification. II is (he star of his ascendency begun to wave ? Courier. THE COLLECTION BILT,. AN AC r furiher to provide for the Collec tion of Duties on imports. lie it enacted by the Senate an I I!ntse o f Representatives nf the United Slates of Ameri ca in Congress assembled, That win mover, by reasons of unlawful obstructions, combinations, or assemblages ofpersons, it shall become im practicable, in the judgement of the President, to execute (he revenue laws, and collect the the duties on imports in thn ordinary wav, in any collection distiicf, it shall and may be law lawful for the President to direct that the cus tom-house for such district be established and kept in any secure place within some port or hatbor of such district, either upon land or on board any vessel; and, in that case it shill be tiie dutj of the collector to reside atsucli place, and there to detain all vessels and cargoes ar riving within said district until the duties im posed on said cargoes, by law, be paid in cash deducting interest according to existing laws and in such cases it sb ill be unlawful to take i the vessel or cargo from the custody of the proper officer of the customs, unless by process from some court of the United States ; ' and in case ot an attempt otherwise to take ; such vessel or cargo by any force, or combina tion, or assemblage of persons t<m grea’ todjo overcome by the officer of the customs, it shall and m be lawful for the President of the 1 j United States, or such person or persons as he ' I shall have empowered for that purpose, to etn- ploy sucli part of the land or naval forces, or militia of the Uniled Slates as may be deemed necessary for the purpose or preventing the re moval of such vessel or cargo, ;ind protecting the officers of the customs in retaining the cus tody thereof. Sec. 2. And be it further enacted, That the jurisdiction ofthe circuit courts of the Unit ed States shall extend to all cases, in la wor equity, arising under tho revenue laws of tho United Stales, lor "which other provisions are not already made by lav.’; and if any person shall receive any injury to his person or pro perty for or on account of any act by him done, under any law of the United States, for the protection of the revenue Or the collection of duties on imports, he shall be entitled to main tain suit for damage therefore in the circuit"* court ofthe United Statesin the district where in the party doing the injury may reside or shall be found. And all property taken or detained by any officer or other person under authority of any revenue laws of the United States shall be irrepleviaplc and shall be deem ed to be in the custody of the law, and subject only to the orders and decrees of the courts of the United Slates having jurisdiction thereof. And if any person shall dispossess or rescue, or attempt to dispossess or rescue, any proper ty so taken or detained as aforesaid, or shall I aid or assist therein, such person shall ba deemed guilty of a misdemeanor, and shall ba i liable to such punishment as is provided by tha twenty-second section ofthe act for the punish ment of certain crimes against the United Siates. approved the thirteenth day April anno doiniai one thousand seven hundred and ninety, ■ for the wilful obstruction or resistance of officers in the service ol process. Sec. 3. And be it furhter enacted, That in ' any case where suit or prosecution shall be . commenced in a court of any Stale against any ■ officer of the United States, or other person, i tor on or account of any act done under the reven , ?ze laws of tiie United Siates, or under color i thereof, or for or on account of any right, an j thorny, or title, set up or claimed by such ofli cer, or other person, under any such law ofthe United States, it shall be lawful for the defend* ■ ant in such suit, or prosecution, at an}’ limo before trial, upon a petition to the circuit court lof the United States, in and for the district i(i which the defendant shall have been served with process, setting forth tho nature of said suit or prosecution, and verifying the said peti ! tion by affidavit, together with a certificate ! signed by an attorney or counsellor at law of 'some court of record of the State in which I such suit shall have been commenced, or of the United States, setting forth that, as counsel for I ihe petitioner, he has examined the procoedhi n s ; against him, and has carefully inquired into all i toe matters set forth in the petition, and that I he believes the same to be true; which petition, I affidavit, and certificate, shall be presented to the said circuit court, if in session, and if not, to the clerk thereof, at his office, and shall be filled in said office, and the cause shall there* upon be entered on the docket of said court, and shall be thereafter proceeded in as a cause 'originally commenced in that court; and it shall be the duty of the clerk of said court, if the 'suit were commenced in the court below by . summons, »o issue a writ of certiorari to the . State court, requiring said court to send to tlio . said circuit court the record and proceedings. in said cause, or if it wore commenced by ca* pias, he shall issue a writ of habeas corpus cum causa, a dublicate of which said writ shall be delivered to the clerk of the State Co urt, or .left at Ins office by the marshal of the district, ior his deputy, or some person duly authorized | therto; and, thereupon, it shall be the duty of I the said State court to stay all further proceed- ■ i.igs in such cause, ami the said suit or proscctl* | lion, upon delivery of such process, or leuvin* ■ the same as aforesaid, shall be deemed and ta ken to be moved to the said circuit court, and , any further proceedings, trial or judgement therein m the State court shall be wholly null : and void. And if the defendant in any such suit be in actual custody on mesne process ' therein, it sh ill be the duty of the marshal, by virtue of the writ of habeas corpqs cum causa, ’,«> take the body of the defendant into his cus* •Jtody, to be dealt with in the said cause nc-. ‘ cording to (ho ndes o f j IW and order of the ; ciicmt court, or of any judge thereof in Vaca* tiou. And all attachments made, and all biil and other security given upon such suit or prosecution, shall be and continue in like force I and diver, as H the same suit or prosecution, i had proceeded to ImaJ judgment and execution IK the Siaiecourt. And if upon the removal t "I an\ s-ic.i suit or prosecution, it shall be mads ' 1 o appear to the said circuit court that no copy 2 1 and proceedings therein, in the j b ate court, can bo obtained, it shall be lawful said circuit court to allow ami require t.-. Q . piamtm to proceed <Zc n&va, and to file a de- Jc. a: alum ot Im cause of action, and the pariies may thereupon proceed as i<» actions originadv bronaht m s . l; j r|lCt>it ( . O(|rf . a|hJ ? ■so p-ocoedmg, judgment of ni)ll m , y | )Q i i.r . i< •. dgitnsi the plaintiff with costs for the defend mt. Se’c. 4. ztnj be it further enacted, That in any case m which any p : , ri y j S| or mIV b( . by I law on nled to copies of ihe record and pro', eeodn.gs m any smt or prosecution in any Stale Court, to be used in any court of United Sta.es if the dork of said Slate court shall, up |” d fee""’.. 7 ' !,f ‘ Pa {' nPn{ ~f «<’ IL g , fcrs ’ rt ,JSO nr neglect to deliver to such paitv ccm i -d copies of such record and pro flings, the court of the United SiatJs i 0 wind, such recoil an I proceedings m.y be . needed, o ;) proof, by affi Javit, that the clerk of .such State court his refused or neglected to denver copies thereof, on deman.d as aforesaid bv'iffl ril a,,,i S '* Ch reCOr<l ,u bo su P lie <l by am I ivit, or otherwise, as the circumstances of .be case mty require and allow ; and there mav, ’ fl S 7 ! | ‘ t l ,: ’ oc '; e ' !l %h trial, and judgment States *7 7 !, | C(H,rf f>t the United ‘7i ; ’ . S |,c| ' processes awarded, as if '/T'l proceeding. had be<m regularly before tire said court. i . ’ 7 7 it f*r t her r.n teted, That sh'i'i' 17 'T* of'he United States * l b.. o.ftaally mfurmod, by the authorities