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TWENTY-SECOND CONGRESS. Sess. II. Ch. 57. 1833.

Record to besupplied wherecopy of recordcannot be badfrom the statecourt.

President toissue proclama-tion and to sup-press obstruc-tions to the lawsby military forceor other means,within any state.

Act of Feb. 28,1795, ch. 36.

Act of March3, 1807, ch. 39.

Places of con-finement.

Judges to is-sue writs of ha-beas corpus.

said circuit court to allow and require the plaintiff to proceed dc nova,and to file a declaration of his cause of action, and the parties may there-upon proceed as in actions originally brought in said circuit court ; andon failure of so proceeding, judgment of non pros, may be renderedagainst the plaintiff with costs for the defendant.

Sec. 4. And be it further enacted, That in any case in which any partyis, or may be by law, entitled to copies of the record and proceedings inany suit or prosecution in any state court, to be used in any court of theUnited States , if the clerk of said state court shall, upon demand, andthe payment or tender of the legal fees, refuse or neglect to deliver tosuch party certified copies of such record and proceedings, the court ofthe United States in which such record and proceedings may be needed,on proof, by affidavit, that the clerk of such state court has refused orneglected to deliver copies thereof, on demand as aforesaid, may directand allow such record to be supplied by affidavit, or otherwise, as thecircumstances of the case may require and allow ; and, thereupon, suchproceeding, trial, and judgment, may be had in the said court of theUnited States , and all such processes awarded, as if certified copiesof such records and proceedings had been regularly before the saidcourt.

Sec. 5. And be it further enacted, That whenever the President of theUnited States shall be officially informed, by the authorities of any state,or by a judge of any circuit or district court of the United States , in thestale, that, within the limits of such state, any law or laws of the UnitedStates , or the execution thereof, or of any process from the courts of theUnited States , is obstructed by the employment of military force, or byany other unlawful means, too great to be overcome by the ordinarycourse of judicial proceeding, or by the powers vested in the marshal byexisting laws, it shall be lawful for him, the President of the UnitedStates , forthwith to issue his proclamation, declaring such fact or informa-tion, and requiring all such military and other force forthwith to disperse;and if at any time after issuing such proclamation, any such oppositionor obstruction shall be made, in the manner or by the means aforesaid,the President shall be, and hereby is, authorized, promptly to employsuch means to suppress the same, and to cause the said laws or processto be duly executed, as are authorized and provided in the cases thereinmentioned by the act of the twenty-eighth of February, one thousandseven hundred and ninety-five, entitled “ An act to provide for callingforth the militia to execute the laws of the Union, suppress insurrections,repel invasions, and to repeal the act now in force for that purposeandalso, by the act of the third of March, one thousand eight hundred andseven, entitled “ An act authorizing the employment of the land andnaval forces of the United States in cases of insurrection.”

Sec. 6. And be it further enacted, That in any state where the jailsare not allowed to be used for the imprisonment of persons arrested orcommitted under the laws of the United States , or where houses are notallowed 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 dis-trict, to use other convenient places, within the limits of said state, andto make such other provision as he may deem expedient and necessaryfor that purpose.

Sec. 7. And be it further enacted, That either of the justices of theSupreme Court, or a judge of any district court of the United States , inaddition to the authority already conferred by law, shall have power togrant writs of habeas corpus in all cases of a prisoner or prisoners, in jailor confinement, where he or they shall be committed or confined on, orby any authority or law, for any act done, or omitted to be done, in pur-suance of a law of the United States , or any order, process, or decree, ofany judge or court thereof, any thing in any act of Congress to the con