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thirty-two, are subject to a less rate of duty than twenty per centum ad valorem, in such manner as not to exceed that rate, and so as to adjust the revenue to either of the said contingencies.
APPROVED, March 2, 1833.
Chap. LVI.-An Acl making appropriations for the Indian Department for the March 2, 1833. year one thousand eight hundred and thirty-three.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United
Appropriations States of America, in Congress assembled, That the following sums be, for the Indian and they are hereby, appropriated, to be paid out of any money in the department. treasury not otherwise appropriated, for the Indian department for the year one thousand eight hundred and thirty-three, viz:
For the salary of the commissioner of Indian affairs, three thousand dollars.
For the pay of the superintendent of Indian affairs at St. Louis, and the several Indian agents, as established by law, twenty-six thousand dollars.
For the pay of sub-agents, as established by law, seventeen thousand dollars.
For presents to Indians, as authorized by the act of one thousand eight hundred and two, fifteen thousand dollars.
For pay of Indian interpreters and translators employed in the several superintendencies and agencies, twenty thousand dollars.
For the pay of gunsmiths and blacksmiths, and their assistants, employed within the several superintendencies and agencies, under treaty provisions, and the orders of the War Department, sixteen thousand dollars.
For iron, steel, coal, and other expenses attending the gunsmiths and blacksmiths' shops, five thousand dollars.
For expenses of transportation and distribution of Indian annuities, nine thousand five hundred dollars.
For expenses of provisions for Indians at the distribution of annuities, while on visits of business with the different superintendents and agents, and when assembled on public business, eleven thousand eight hundred dollars.
For expense of building houses for Indian agents, blacksniiths' shops, and for repairs of the same, when required, in the several agencies, two thousand dollars.
For contingencies of the Indian Department, twenty thousand dollars.
For supplying the deficiency in the appropriation for the compensation of commissioners, and other expenses attending the adjustment of boundaries under the treaty of Butte des Morts, contained in the act of 1830, ch. 99. twentieth May, one thousand eight hundred and thirty, making appropriations to carry into effect the said treaty, five hundred and fourteen dollars and sixty-two cents.
Sec. 2. And be it further cnacted, That the following sums, being unexpended balances of former appropriations, be, and the same are hereby, re-appropriated to the several objects of the original appropriations, respectively, to be paid out of any money in the treasury not otherwise appropriated, viz: for the exchange of land with the Indians, and for their removal west of the Mississippi, by act of twenty-eighth May, one thousand eight hundred and thirty, two hundred and eighty dollars and six cents.
For defraying the expenses of an expedition fitted out, consisting of the militia of Georgia and Florida, for the suppression of aggressions by the Indians on their frontiers, three thousand eight hundred and thirtynine dollars and eighty-six cents.
For carrying into effect a treaty with the Winnebagoes, by act of
twenty-fifth March, one thousand eight hundred and thirty, the following sums, viz:
For payment of claims provided for by[the fourth article, one hundred and fifty-eight dollars and seventy-two cents.
For expense of surveying the boundaries, nine hundred and forty-five dollars and forty-six cents.
For carrying into effect the treaty of twenty-ninth July, one thousand eight hundred and twenty-nine, with the Chippeways, Ottoways, and Paitawatamies, by act of iwenty-fifth March, one thousand eight hundred and thirty, for the expense of surveymg the boundaries, six hundred and seventeen dollars and ten cents.
For carrying into effect a treaty with the Choctaw Indians, of eleventh October, one thousand eight hundred and twenty, by act of second March, one thousand eight hundred and twenty-seven, the balance reappropriated thirtieth April, one thousand eight hundred and thirty, sixteen thousand and three dollars and forty-three cents.
For defraying the expenses of holding a treaty with the Cherokees for the purpose of extinguishing their claim to as much land as will be necessary for a canal to connect the Highwassee and Canasaga with each other, by act of second March, one thousand eight hundred and twentyseven, the balance re-appropriated thirtieth April, one thousand eight hundred and thirty, two thousand four hundred and fifty-nine dollars and nineteen cents.
APPROVED, March 2, 1833.
STATUTE II. March 2, 1833. Chap. LVII.-An Act further to provide for the collection of duties on imports. (a) President au
Be it enacted by the Senate and House of Representatives of the United thorized to di- States of America, in Congress assembled, That whenever, by reason of rect site of cus- unlawful obstructions, combinations, or assemblages of persons, it shall tom-house to be changed.
become impracticable, in the judgment of the President, to execute the revenue laws, and collect the duties 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 established and kept in
any secure place within some port or harbour of such district, either upon Vessels to be land or on board any vessel; and, in that case, it shall be the duty of the detained, &c.
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 interest according Custody of de- to existing laws; and in such cases it shall be unlawful to take the tained vessels, 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 otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons too great to be overcome by the officers of the customs, it shall and may 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. Jurisdiction of Sec. 2. And be it further enacted, That the jurisdiction of the circuit circuit courts. 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 receive any injury to his person or property for or on account of any act by him done,
under any law of the United States, for the protection of the revenue or (a) By the eighth section of this act the first and fifth sections are continued in force to the end of the first session of Congress of 1834, and no longer.
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 Property in all property taken or detained by any officer or other person under au- custody irreplethority of any revenue law of the United States, shall be irrepleviable, viable, &c. 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 having jurisdiction thereof. And if any person shall dispossess or rescue, or attempt to dispossess or rescue, any property so taken or detained as aforesaid, or shall aid or assist therein, such person shall be deemed guilty of a misdemeanour, and shall be liable to such punishment as is provided by the twentysecond section of the act for the punishment of certain crimes against the United States, approved the thirtieth day of April, Anno Domini one thousand seven hundred and ninety, for the wilful obstruction or resistance of officers in the service of process.
Sec. 3. And be it further enacted, That in any case where suit or pro Actions in state secution shall be coinmenced in a court of any state, against any officer courts againstre: of the United States, or other person, for or on account of any act done be removed, on under the revenue laws of the United States, or under colour thereof, or petition, &c. of for or on account of any right, authority, or title, set up or claimed by defendant,
circuit court. such officer, or other person under any such law of the United States, it shall be lawful for the defendant in such suit or prosecution, at any time before trial, upon a petition 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 certificate 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, setting forth that, as counsel for the petitioner, he has examined the proceedings against him, and has carefully inquired into all the matters set forth in the petition, and that he believes the same to be true; 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, and the cause shall thereupon 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, to issue a writ of certiorari to the state court, requiring said court to send to the said circuit court the record and proceedings in said cause; or if it were commenced by capias, he shall issue a writ of habeas corpus cuin 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 Stay of proshall be the duty of the said state court to stay all further proceedings in ceedings in the such cause, and the said suit or prosecution, upon delivery of such process, 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 state court shall be wholly null and void. And if the defendant in any Marshal to take such suit be in actual custody on mesne process therein, it shall be the duty defendant into of the marshal, by virtue of the writ of habeas corpus cum causa, to take
custody. the body of the defendant into his custody, to be dealt with in the said cause according to the rules of law and the order of the circuit court, or of any judge thereof, in vacation. And all attachments made and all
State process bail and other security given upon such suit, or prosecution, shall be and of attachment, continue in like force and effect, as if the same suit or prosecution had &c;; to continue proceeded to final judgment and execution in the state court. And if,
De novo proupon the removal of any such suit, or prosecution, it shall be made to ceeding. appear to the said circuit court that no copy of the record and proceedings therein, in the state court, can be obtained, it shall be lawful for
said circuit court to allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said circuit court; and on failure of so proceeding, judgment of non pros. may be rendered against the plaintiff with costs for the defendant.
Sec. 4. And be it further cnacted, That in any case in which any party Record to be is, or may be by law, entitled to copies of the record and proceedings in copy of record any suit or prosecution in any state court, to be used in any court of the cannot be had United States, if the clerk of said state court shall, upon demand, and from the state the payment or tender of the legal 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 proceedings may be needed, on proof, by affidavit, that the clerk of such state court has refused or neglected to deliver copies thereof, on demand as aforesaid, may direct and allow such record to be supplied by affidavit, or otherwise, as the circumstances of the case may require and allow; 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 proceedings had been regularly before the said
court. President to Sec. 5. And be it further enacted, That whenever the President of the issue proclama- United States shall be officially informed, by the authorities of any state, tion and to supobstruc
or by a judge of any circuit or district court of the United States, in the tions to the laws state, that, within the limits of such state, any law or laws of the United by military force States, or the execution thereof, or of any process from the courts of the or other means, United States, is obstructed by the within any state.
ployment of military force, or by any other unlawful means, too great to be overcome 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 United States, forth with to issue his proclamation, declaring such fact or information, and requiring all such military and other force forthwith to disperse; and if at any time after issuing such proclamation, any such opposition or obstruction shall be made, in the manner or by the means aforesaid, the President shall be, and hereby is, authorized, promptly to employ such means to suppress the same, and to cause the said laws or process
to be duly executed, as are authorized and provided in the cases therein Act of Feb. 28, mentioned by the act of the twenty-eighth of February, one thousand 1795, ch. 36.
seven hundred and ninety-five, entitled “ An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections,
repel invasions, and to repeal the act now in force for that purpose;" and Act of March also, by the act of the third of March, one thousand eight hundred and 3, 1807, ch. 39. seven, entitled “ An act authorizing the employment of the land and
naval forces of the United States in cases of insurrection." Places of con- Sec. 6. And be it further enacted, That in any state where the jails
are not allowed to be used for the imprisonment of persons arrested or committed under the laws of the United States, or where houses are not allowed to be so used, it shall and may be lawful for any marshal, under the direction of the judge of the United States for the proper district, to use other convenient places, within the limits of said state, and to make such other provision as he may deem expedient and necessary
for that purpose. Judges to is- Sec. 7. And be it further enacted, That either of the justices of the sue writs of ha- Supreme Court, or a judge of any district court of the United States, in beas corpus.
addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in jail or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States, or any order, process, or decree, of any judge or court thereof, any thing in any act of Congress to the con
trary notwithstanding. And if any person or persons to whom such Penalty for writ of habeas corpus may be directed, shall refuse to obey the same, or neglect or refu
sal to obey the shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies already given by law, he or 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 exceeding one thousand dollars, and by imprisonment, not exceeding six months, or by either, according to the nature and aggravation of the case.
Sec. 8. And be it further enacted, That the several provisions contained Provisions of in the first and fifth sections of this act, shall be in force until the end of the first and fifth
sections limitthe next session of Congress, and no longer.
ed. APPROVED, March 2, 1833.
Chap. LVIII.—An Act to explain and amend the eighteenth section of " An act to March 2, 1833.
aller and amend the several acts imposing duties on imporls," approved the fourteenth July, one thousand eight hundred und Thirty-two.
Be it enacted by the Senate and House of Representatives of the United Act of July 14, States of America, in Congress assembled, That all articles upon which the 1832, ch. 227.
Certain articles duties were reduced by “ An act to alter and amend the several acts
imported before imposing duties on imports,” approved the fourteenth July, one thousand or after July 14, eight hundred and thirty-two, and which may not have been deposited 1832, may be under the provisions of the eighteenth section of the act aforesaid, deposited in the
public stores. whether the said articles were imported, or the duties thereon were secured or paid, before or after the passage of said act, may, to obtain the benefit of said act and this amendment thereto, be deposited at any time before the first of April next in the custom-house stores, or in the manner prescribed in the following section, by the importer, consignee, or any subsequent purchaser or owner, and all wines now Wines entitled in bond, or which may be imported at any time previous to the fourth to the benefit of
the act. day of March, one thousand eight hundred and thirty-four, and which may remain in the custody of the customs on that day, shall be entitled to the benefit of this act, and of that to which it is an amendment: Provided, That no merchandise imported in packages, bales, Proviso. or casks, shall be entitled to the benefit of this act, or of that, to which it is an amendment, unless they are as originally imported: and that all articles placed in the custody of the customs under this act shall so remain, for inspection and examination, till the fourth day of March next: Provided, also, That nothing contained in this act shall be Proviso 80 construed as to extend the provisions thereof to any merchandise, which, under the existing laws, would not be entitled to the benefits of drawback.
Sec. 2. And be it further enacted, That, in all cases where the quantity When goods of merchandise, entitled to the benefits of the acts aforesaid shall exceed may remain in
warehouse ten packages, bales, or casks, or where the article may be in bulk, or
owner, &c. otherwise than in packages, bales, or casks, the collector of the district where the same may be, is hereby authorized to direct that the said merchandise shall not be removed from the warehouse of the owner, but that the same shall be there placed in the custody of a proper officer of the customs, who shall examine the same, and keep them under the keys of the custom-house, till the first of April, as aforesaid: Provided, The Proviso. collector shall consider the same a safe place of deposit, and that application be made to him for that purpose on or before the twenty-fifth March next.
Sec. 3. And be it further enacted, That all articles remaining under Articles under the control of the proper officer of the customs, according to the provi- custody of offi
cer of customs, sions of this act, on the first April next, and all wines which shall re- as aforesaid, to