CONGRESS, UNITED STATES. 



135 



half, or in behalf of the Government of the United 

 States, or in any way or manner whatever arising, or 

 springing out of, or coming from, any act done or 

 omission made in and about, or concerning, the war 

 of the rebellion between said last-mentioned dates, 

 with full restoration of all rights and privileges lost 

 or injured thereby or therein ; so that no damage, 

 loss, harm, wrong, or injury, shall hereafter come, or 

 any right or claim accrue, to the United States, or to 

 any persons against any other person not hereinafter 

 excepted, of, from, or because of any act, done by him, 

 or omitted to be done, in aid of, or in the suppression 

 of, or because of, the late rebellion. 



SEC. 2. And be it further enacted, That no suit or 

 proceeding, either civil or criminal, at law or in equi- 

 tv, shall be had or entertained in any court of the 

 Ignited States, in any manner whatever, for any act 

 done or omitted, or penalty incurred, mentioned in 

 the first section of this act, and not hereinafter ex- 

 cepted, save in the manner and for the purpose here- 

 inafter set forth ; and all orders, decrees, judgments, 

 executions, levies, extents, fines, penalties, forfeit- 

 ures, punishments, heretofore made, entered, and or- 

 dered, of and concerning any act or thing mentioned 

 in the first section of this act, of any court of the 

 United States, are hereby declared to be void and of 

 none effect, from and after the passage of this act, 

 except as hereinafter set forth. And in case any suit 

 shall be, or shall have been commenced, or is now 

 pending in any court of the United States, for or 

 because of any act hereinbefore in the first section 

 of this act mentioned, it shall be sufficient defence 

 thereto to show^ at any time to the court that the 

 cause of action in any way or form arose out of, or 

 was because of, any act mentioned and set forth in 

 said first section of this act, and not hereinafter ex- 

 cepted. And upon the fact being shown to the satis- 

 faction of said court that the cause of action or of 

 complaint did so arise, the said action or proceeding, 

 whether at law or in equity, or by information or in- 

 dictment, shall be forthwith dismissed, and judg- 

 ment entered for the defendant ; and if such action 

 was brought by or in behalf of a private party, an 

 execution shall issue for all legal and taxable costs 

 against the party prosecuting the same. And if any 

 suit, civil or criminal, either at law or in equity, by 

 bill, summons, capias, or other process, or by infor- 

 mation or indictment, shall be brought against any 

 person because of or concerning any matter or thing 

 arising out of any act done, or omitted to be done, as 

 set forth in the first section of this act, and not here- 

 inafter excepted, in any court in any of the United 

 States, it shall be lawful for the defendant in such 

 suit, plaint, or indictment, to suggest and have en- 

 tered upon the record that the cause of action grew 

 out of or is concerning any act done, or omitted to 

 be done, or arising out of, the late rebellion, as set 

 forth in the first section of this act, and not herein- 

 after excepted. And upon such suggestion, either 

 made verbally in open court by the defendant, or in 

 writing, at any time, either before or after final judg- 

 ment, said cause, suit, plaint, or indictment, whether 

 civil or criminal, and the record and process thereof, 

 shall be, by virtue of this act. removed from said 

 State court, and from the jurisdiction thereof, where- 

 in the same may theretofore have been pending, and 

 shall thereupon, and by virtue of this act and said 

 suggestion, with or without motion in that behalf, 

 be removed into the circuit court of the United States 

 in the circuit wherein said suit was brought and en- 

 tered. Whereupon all further proceedings in said 

 cause, suit, plaint, or indictment in said State court 

 shall cease and be stayed and determined ; and who- 

 ever shall prosecute or promote, directly or indirect- 

 ly, such cause, suit, plaint, or indictment, whether 

 as party or attorney ; and whoever shall further en- 

 tertain or consider as judge any such cause, suit, 

 plaint, or indictment in said State court, after such 

 suggestion shall have been made or filed in writing, 

 shall be liable as and for a high misdemeanor, and, 



upon indictment in the circuit court of the United 

 States for that district, and upon conviction, to be 

 punished by fine of not less than one thousand dol- 

 lars, and not more than five thousand dollars, and 

 imprisonment in the penitentiary not less than one 

 year nor more than five years, at the discretion of the 

 court. And it shall be the 'duty of whoever shall 

 have prosecuted such cause, suit, plaint, or indict- 

 ment in said court so removed to a circuit court, to 

 enter the same at the term thereof next to be holden 

 in said district ; and if the party prosecuting fail to 

 enter the same at said term, then the party defendant 

 may enter said cause, suit, plaint, or indictment in 

 said court at the next succeeding term thereafter. 

 And it shall be the duty of the clerk or other record- 

 ing officer of the court from which said cause, suit, 

 plaint, or indictment has been removed, forthwith to 

 deliver a memorandum of the cause, containing the 

 names of the parties, and the suggestion upon which 

 the same was removed, to the clerk of said circuit 

 court, and to furnish, upon the application of either 

 party, copies of all proceedings in said cause, plaint, 

 or indictment, and papers filed therein, in said court, 

 upon the payment or tender of payment of the fees 

 prescribed by law for copies of like papers in said 

 State court. And if such clerk or other recording 

 officer shall refuse, upon the tender of payment, 

 to give said copies, or shall neglect to deliver said 

 memorandum, then he shall be liable, upon indict- 

 ment and conviction, to be punished as a promoter 

 of said cause, suit, plaint, or indictment, after the 

 removal thereof, as hereinbefore set forth. And if 

 the copies of the papers in said cause, suit, plaint, 

 or indictment cannot be procured by either party 

 thereto from such clerk or recording officer, then 

 either party may set forth, by his affidavit, the sub- 

 stance of said papers and the proceedings in said 

 State court, and file the same, instead of the papers 

 in said cause, suit, plaint, or indictment^ in said cir- 

 cuit court : whereupon the same proceedings shall be 

 had as if the copies of said cause, suit, plaint, or in- 

 dictment had been duly and legally transmitted by 

 the clerk of said State court to said circuit court, 

 save that after the entry of said case the judge of 

 said circuit court shall have power to order the clerk 

 of said State court to be summoned and to bring 

 with him the papers in said cause, suit, plaint, or in- 

 dictment, or duty certified copies thereof ; and a fail- 

 ure to comply with said order of said circuit court 

 shall be adjudged and treated and punished as a con- 

 tempt of said court. Whenever it shall appear to 

 said circuit court in any cause, suit, plaint, or indict- 

 ment so removed into said court, after due hearing 

 of the parties, that the suggestion for the remova^of 

 the same is not in fact true, that the cause of action 

 did not arise out of or concerning any matters men- 

 tioned in the first section of this act, and not herein- 

 after excepted, said court shall remand said cause, 

 suit, plaint, or indictment to the State court from 

 which the same had been removed, to stand for trial 

 as if this act had not been passed, with costs duly 

 and legally taxed as well in the State court as in the 

 circuit court, adjudged for plaintiff in the said cause 

 against the defendant making the suggestion of cause 

 .of removal. But if it shall appear, upon the hearing 

 of the parties, or by confession, or by non-prosequi- 

 tur, or otherwise, that said suggestion of cause of re- 

 moval is true in fact, and that the cause of action, or 

 any part thereof, did arise out of any act done^ or 

 omitted to be done, as me'ntioned in the first section 

 of this act, and not hereinafter excepted, then said 

 circuit court shall forthwith order judgment to be 

 entered in said cause, suit, plaint, or indictment, for 

 defendant, with full costs, duly and legally taxed as 

 well in the State court as in the circuit court, and 

 execution shall issue therefor accordingly. And 

 from an order of said circuit court remanding said 

 cause, suit, plaint, or indictment, or entering judg- 

 ment for the defendant in such case, an appeal shall 

 lie to the Supreme Court of the United States by 



