152 



COXGRESS, UNITED STATES. 



court, requiring said court to send to the said circuit 

 court the record and proceedings in said cause ; or if 

 it was 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 farther proceedings in 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 any person, whether an attorney or officer 

 of any State court, or otherwise, Avho shall thereafter 

 take any steps, or in any manner proceed in the State 

 court in any action so removed, shall be guilty of a 

 misdemeanor, and liable to trial and punishment in 

 the court to which the action shall nave been re- 

 moved, and upon conviction thereof shall be punished 

 by imprisonment for not less than six months nor 

 more than one year, or by fine not less than $500 nor 

 more than $1,000, or by both such fine and impris- 

 onment, and shall in addition thereto be amenable 

 to the said court to which said action shall have been 

 removed as for a contempt ; and if the defendant in 

 any such suit be in actual custody on mesne process 

 therein, it shall be the duty of 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 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 bail or other security given upon such suit or 

 prosecution shall be and continue in like force and 



to final judgment and execution in the State court. 

 And if upon the removal of any such suit or prosecu- 

 tion it shall be made to 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 cir- 

 cuit court ; and on failure of so proceeding, judgment 

 of non prosequitur maybe rendered against the plain- 

 tiff, with costs for the defendant. 



SEC. 17. And be itfurtlwr enacted, That in any case 

 in which any party is or may be by law entitled to 

 copies of the record and proceedings in any suit or 

 prosecution in any State court, to be used in any 

 court of the United States, if the clerk of said State 

 court shall, upon demand and the payment or tender 

 of the legal fees, refuse or neglect to deliver to such 

 party certified copies of such record and proceed- 

 ings, 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 circum- 

 stances of the case may require and allow; and 

 thereupon such proceeding, trial, and judgment may 

 be had in the said court ot the United States, and all 

 such processes awarded, as if certified copies of such 

 records and proceedings had been regularly before 

 the said court ; and hereafter in all civil actions in 

 the courts of the United States either party thereto 

 may notice the same for trial. 



SEC. 18. And be it further enacted, That sections 

 five and six of the act of the Congress of the United 

 States approved July 14, 1870, and entitled "An act 

 to amend the naturalization laws and to punish 

 crimes against the same," be, and the same are here- 

 by, repealed, but this repeal shall not affect any pro- 

 ceeding or prosecution now pending for any offence 

 under the said sections, or either of them, or any 

 question which may arise therein respecting the 



appointment of the persons in said sections, or either 

 of them, provided for, or the powers, duties, or ob- 

 ligations of such persons. 



SEO. 19. And be it further enacted, That all votes 

 for Eepresentatives in Congress shall hereafter be by 

 written or printed ballots, any law of any State to 

 the contrary notwithstanding; and all votes received 

 or recorded contrary to the provisions of this section 

 shall be of none effect. 



Mr. Finkelnburg, of Missouri, said : " I will 

 move to strike out of section twelve of the 

 substitute the following: 



And to require the commanding officer of the 

 nearest United States military or naval force to de- 

 tail and furnish forthwith a sufficient portion of such 

 military or naval force to enable the said marshal or 

 his deputies to discharge their duties under this act 

 and the act hereby amended. And it shall be the 

 duty of such commanding officer, upon such requisi- 

 tion being made, to obey it without delay, and forth- 

 with to detail and employ the military or naval force 

 of the United States under his command in the aid 

 of said marshal or his said deputies, and under the 

 direction of the said marshal, or any or either of 

 such of his deputies as are herein empowered to 

 make such requisition, to such extent as may be 

 necessary to enable said marshal or his deputies to 

 perform all the duties imposed on them by this act 

 or the act hereby amended. 



" That we leave the section to read as fol- 

 lows: 



SEC. 12. And be it further enacted, That the mar- 

 shal, or his general deputies, or such special deputies 

 as shall be thereto specially empowered by him, in 

 writing and under his hand and seal, whenever he 

 or his said general deputies or his special deputies, 

 or either or any of them, shall be forcibly resisted in 

 executing their duties under this act or the act here- 

 by amended, or shall, by violence, threats, or men- 

 aces, be prevented from executing such duties, or 

 from arresting any person or persons who shall com- 

 mit any offence for which said marshal or his general 

 or his special deputies are authorized to make such 

 arrest, are, and each of 'them is hereby, empowered 

 to summon and to call to his or their aid the by- 

 standers or posse comitatm of his district." 



The question was taken upon the amend- 

 ment, and it was agreed to. 



The substitute, as amended, w r as agreed to. 



The bill, as amended, was then read a third 

 time. 



The question was then taken, and it was 

 decided as follows: 



YEAS Messrs. Ambler, Ames, Armstrong, Aspcr, 

 Atwood, Ayer, Bailey, Barrv, Beaman, Beatty, Ben- 

 jamin, Bennett, Bethune, Bingham, Blair, ' Boles, 

 George M. Brooks, Buck, Buckley, Buffinton, Bur- 

 dett, Benjamin F. Butler.Eoderick E. Butler, Cess- 

 na, Churchill, William T. Clark, Sidney Clarke, 

 Amasa Cobb, Clinton L. Cobb, Coburn, Conger, 

 Cook, Cowles, Cullom, Darrall, Degener, Joseph 

 Dixon, Dockery, Donley, Duval, Dyer, Ela, Fer- 

 riss, Ferry, Finkelnburg, Fisher, Garfleld, Gilfillan, 

 Hale, Hamilton, Harris. Hawley, Hays, Hill, Hoar, 

 Holmes, Hooper, Hotchkiss, Jenckes, Judd, Julian, 

 Kellcy, Kellogg, Kelsey, Laflin, Lash, Lawrence, 

 Logan, Long, Loughridge, Lynch, Maynard, Mc- 

 Carthy, McCrary, McGrew, McKee, McKenzie, Mer- 

 cur, Eliakim H. Moore, Jesse H. Moore. William 

 Moore, Morey, Morphis, Daniel J. Morrell. Samuel 

 P. Morrill Myers, Negley, Newsham, O'Neill, Ortk, 

 Packard, Halbert E. Paine, Palmer, Peck, Perce, 

 Peters, Phelps, Platt, Poland, Pomeroy, Porter, 

 Prosser, Eainey, Eoots, Sanford, Sargent, Sawyer, 

 Scofield, Shanks, Porter Sheldon, John A. Smith. 





