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