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Tarborough, (Edgecombe County, J a; Saturday, March 23, 1833
rot. LY vo 30.
"North Carolina Free Press,"
BY GKORGE HOWARD,
Is published weekly, at 7vo Dollars and Fifty
Cents per year, if paid in advance or, Thrte Dol
lar, at the expiration of the subscription year. For
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lines. Advertisements must be marked the number
of insertions required, or thev will be continued until
otherwise ordered, and charged accordingly.
Letters addressed to the Editor must be post paid,
or they may not be attended to.
AN ACT
Farther to provide for the collection of
Duties on Imports.
. Be it enacted by the Senate and House
of Representatives of the United Statrs
of America in Congress assembled, That
whenever, by reason of unlawful obstruc
tions, combinations, or assemblages of
persons, it shall become impracticable,
in the judgment of the President, to exe
cute the revenue laws, and collect the du
ties on imports in the ordinary way, in
any collection district, it shall and may
be lawful for the President to direct that
the custom house for such district be es
tablished and kept in any secure place
within some port or harbor of such dis
trict, either upon land or on board any
vessel; and, in that case, it shall be the
duty of the collector to reside at such
place, and there to detain all vessels and
cargoes arriving within the said district
until the duties imposed on said cargoes,
by law, be paid, in cash, deducting inter
est according to existing laws; and in
such cases it shall be unlawful to lake
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 of any attempt other
wise to lake such vessel or cargo by any
force, or combination, or assemblage of
persons too great to be overcome bv tin
officers of the customs, it shall andmay
be lawful for the President of the United
States, or such person or persons as he
shall have empowered for that purpose,
to employ such part of the land or naval
forces, or militia of the United .States as
may be deemed necessary for the purpose
of preventing the removal of such vessel
or cargo, and protecting the officers of the
customs in retaining the custody thereof.
Sec. 2. And be it farther enacted.
7
That the jurisdiction of the circuit courts
of the United States shall extend to all
cases, in law or equity, arising under the
revenue laws of the United States, for
which other provisions, are not already
made by law; and if any person shall re
ceive any injury to his perjson or proper
ly for or on account of any net 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 maintain suit for damage
therefor in.the circuit court of the United
States in the district wherein the party
doing the injury may reside, or shall be
found. And all property taken or detain
ed by any officer or other person under
authority of any revenue law of the Uni
ted States shall be irrepleviable, and shall
be deemed to be in the custody of the
law, and subject only to the orders and
decrees of the courts of the United States
mivmg jurisdiction thereof. And it any
person shall dispossess or rescue, or at
tempt to dispossess or rescue, any prop
erty so taken or detained as aforesaid, or
shall aid or assist therein, such person
shall be deemed guilty of a misdemeanor,
nad shall be liable to such punishment
as is provided by the twenty-second sec
lion of the act for the punishment of cer
tain crimes against the United States, ap
proved the thirtieth day of April, anno
Domini one thousand seven hundred and
ninety, for the wilful obstruction or resist
ance of officers in the service of process.
Sec. 3. And be it further enacted, That
in any case where suit or prosecution
shall be commenced in a court of any
State against any officer of the United
States, or other person, for or on account
of any act done under the revenue laws of
the United Stale, or under color thereof,
or for or on account of anv riahr. n,.ti,rtr;.'
ty, or title, set up or claimed by such offi-
cei, or oilier person, under any such law
of the United States, it shall be lawful
for the defendant in such suit or prose
cution, at any time before trial, upon a
peittion to the circuit court of the United
States, in and for the district in which the
defendant shall have been served with
process, setting forth the nature of said
suit or prosecution, and verifying the said
petition by affidavit, together with a certi
ficate signed by an attorney or counsellor
at law of some court of record of the
State in which such suit shall have been
commenced, or of the United States, set
ting forth that, as counsel for the petition
er, he has examined the proceedings n
gainst him, and has carefully inquired in
to all the matters set forth in the petition,
and that he believes the same to be tru;
which petition, 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 filed in
said office, ami the cause shall be there
upon entered on the docket of said court,
and shall be thereafter proceeded in as a
cause origin dly commenced in that court;
and it shall be the duly of the clerk of
said court, if the suit were commenced in
the court below by summons, to issue a
writ of certiorari to the State Court, re
quiring said court to send to ihe said cir
cuit court the record and proceedings in
said cause; or if it were commenced by
capias, he shall issue a writ of habeas
corpus cum causa, a duplicate of which
said writ shall be delivered to the clerk
of the State court, or left at his office by
the marshal of the district, or his deputy,
or some person duly authorized thereto;
and, thereupon it shall be the duty of the
said State court to stay all further pro
ceedings in such cause, and the said suit,
or prosecution, upon delivery of such' pro
cess, or leaving the same as aforesaid,
shall be deemed and taken to be moved
to the said circuit court, and any further
proceedings, trial or judgment therein in
the Slate court shall be whollv null and
void. And if the defendant in any such
suit be in actual custody on mesne pro
cess therein, it shall be the duty ot the
marshal, by virtue of the writ of habeas
corpus cum causa, to take the body of
the defendant into his custody, to be dealt
with in the said cause according the rules
of law and the order of the circuit court,
or of any judge thereof, in vacation.
And all attachments made and all bail
and other security given upon such suit,
or prosecution, shall be and continue in
like force and effect, as if the said suit or
prosecution, had proceeded to final judg
ment and execution in the State court.
And if, upon the removal of any such suit,
or prosecution, it shall be made to appear
to the said circuit court that no copy of
the record and proceedings therein, in
the Slate Court, can be obtained, it shall
be lawful for said circuit court to allow
and require the 'plaintiff to proceed tie
novo, ana to hie a declaration ot his cause
of action, and the parties may thereupon
proceed as in actions originally brought
m said circuit court; arm on tailure ot so
proceeding, judgment of non pros, may
oe rendered against me planum wnn
costs for the defendant.
Sec. 4. And'be it further enacted, That
in any case in which any party is, or may
be by law, entitled to copies of the re
cord and proceedings in any suit or pros
ecution in any State Lourt, to be used in
any court of the United States, if the
clerk of said State Court, shall, upon de
mand, and the payment or tender of thf
lenal fees, refuse or neglect to deliver to
such party certified copies of such record
and proceedings, the court of the United
States in which such record and proceed
ings may be needed, on proof, by affida
vit, that the clerk of such State court has
refused or neglected to deliver copies
th ereof, on demand as aforesaid, may di
rect and allow such record to be supplier
by affidavit, or "otherwise, as the circum
stances of the case may require and al
low; and, thereupon, such proceeding,
trial, and judgment, may be had in the
said court of the United States, and all
such processes awarded, as if certified
copies of such records and proceed
ings had been regularly before the said
court.
Sec. 5. And be it further enacted, That
whenever the President of the United
States shall be officially informed, by the
authorities of any Siate, or by a judge of
any circuit or district court of the United
States, in the State, that, within the lim
its of such State, any law or laws of the
United Stales, or the execution thereof,
r of any process from the courts of the
United States is obstructed by the em
ployment of military force, or by any oth
er unlawful means, too Lrreat to be over
come by the ordinary course of judicial
proceeding, or by the powers" vested in
the marshal by existing laws, it shall be
lawful for him, the President of the Uni
ted States, forthwith to issue his procla
mation, declaring such fact or informa
tion, and requiring all such military and
other force forthwith to disperse; and if
at any time alter issuing any such oppo
sition or obstruction shall be made, in the
manner or by the means aforesaid, the
President shall be, and hereby is, autho
rized, promptly to employ such means to
suppress the same, and to cause the said
laws or process lo be duly executed, as
are authorized and provided in the cases
therein mentioned by the act of the twen
tv-eighth of February, one thousand sev
en hundred and ninety-five, entitled "An
act to provide for calling forth the militia
to execute the laws of the Union, sup
press insurrections, repel invasions, and
to repeal ihe act now in force for that
purpose;" and also, by the act of the third
of March, one thousand eight hundred
and seven, entitled "An act authorizing
by either, according to the nature and ag
gravation ot Ihe case.
Sec. 3. And be it further enacted, That
the several provisions contained in the
first nd fifth sections of this act, shall be
in force until the end of the next session
of Congress, and no longer.
A. STEVENSON,
Speaker of the II. of Represents.
IJU: L. WHITE,
President of the Senate pro tern.
Approved, March 2, 1833.
ANDREW JACKSON.
the employment of the land and nava
forces ot the United States in cases of in
surrection."
Sec. G. Andbe it further enacted, That
in any State where the jails are not al
lowed to be used for the imprisonment of
persons arrested or committed under the
laws of the United Slates, or where hou
ses are not allowed lo be so used, it shall
and may be lawful for any marshal, un
der the direction of the judge of the Uni
ted btates tor the proper district, to use
other convenient places, within the limits
ot said State, and to make such other
provision as he may deem expedient and
necessary for that purpose.
Sec. 7. And be it further enacted, That
either of the justices of the Supreme
Court, or a judge of any district court of
the United States, in addition to the au
thority already conferred by law, shall
have power to grant writs of habeas cor
pus in all cases of a prisoner or prison
ers, in jail or confinement, where he or
they shall be committed or confined on,
or by any authority ot law, for any act
done, or omitted to be done, in pursuance
of a law of the United States, or any or-,
der, process, or decree, of any judge or
court thereof, any thing in any act of
Congress to the contrary notwithstand
ing. And if any persons to whom such
writ of habeas corpus may be directed,
shall refuse to obey the same, or shall
neglect or refuse to make return, or shall
make a false return thereto, in addition to
the remedies already given by law, he r
they shall be deemed and taken to be
guilty of a misdemeanor, and shall, on
conviction before any court of competent
jurisdiction, be punished by fine, not ex
ceeding one thousand dollars, arid by im
i prisonment, not exceeding six tnonths,or
From the Washington City Globe.
A PINE COMPLIMENT.
Mr. Blair As a North Carolinian, I
cannot but feel proud of every honor won
by my fellow citizens of that State. I
am more than proud of the merited trib
ute paid to Joseph B. Hinton, Esq. the
enlightened and influential Senator from
Beaufort in the General Assembly of that
Slate, now on a visit to this city, which is
contained in the annexed extract of a let
ter, written by a distinguished member of
the bar ot North Carolina, m December
last, to the Clerk of the House of Com
mons of that State, at the time ihe elec
tions of Judges, Generals, and Governor
were about to come on. .
That nijxht-mare of our State Consti
tution which required "ihe belief of the
truth of the Protestant Religion" as a
condition of holding' office in that State,
and which excluded therefrom every con
scientious Roman Catholic, hud maintain
ed Undisturbed its horrid seat on the bo
som of the Constitution, nearly three
fourths of a century, when Mr. Hinton at
the last session, with a moral courage
and generosity as a Protestant, which de
serves all praise, stepped forward and
hurled the monster headlong from its
resting place. I am not a Roman Catho
lic, sir, but I contend that too much hfltfor
cannot be given to this intrepid friend of
civil and religious liberty, by Catholics,
and freemen of every denomination for
originating and successfully carrying
through the Senate nnd.the Committee of
both Houses, his patriotic resolution upon
that subject, which breathes alike his de
votion to Christianity and to freedom of
conscience. Sir, this meed of approba
tion to an honored son of North Caroli
na, should not be lost to society, andl
therefore ask you to give it a place in the
Globe. STANLY.
The extract is as follows:
"Joseph Hinton is die only man in North Ca
rolina who has, for twenty years past, done any
thing which deserves historical commemoration.
I refer to his resolution about the religious, test
in Ihe Constitution. I am not disposed to flatter
any man, and think I predict what will assuredly
come to pass, when I say, that fifty years hence,
ritnton will be the only man in North Carolina,
of the present age, who will have a name and a
local habitation in history. I would ralher have
my name connected with such a movement lhaa
to be a General, or a Judge or a Governor."
The Elephant. It is stated in the
New York Advocate that one of the Ele
phants now exhibited at ihe menagerie
in the Bowery, a few nights since broke
the lock lo the chain which confined him;
no sooner was he extricated from his fas
tenings, than with one stroke of his trunk
he demolished the stable containing four
or five ponies, with one of which he had
travelled for the last year, and for some
cause or other had frequently evinced a
hostility towards him he passed hig
trunk over two other ponies, and the mo
ment he came to the object of his hatred,
he plunged his trunk through his body
which caused instant death. Having sa
tiated his malignity against the offending
pony, he returned to his place, and there
remained until morning, without offering
injury to any other animal, although there
were at least one hundred contained in
the same building.
TJThere is no cause of misery more
fruitful than incurring essences that we
cannot afford.
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