FREE BOOKS

Author's List




PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  
tion, are not provided for by general law, but some such cases are provided for. Thus by the act of March 2, 1833, it is declared 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; and if any person be injured in his person or property on account of any act by him done under any revenue law of the United States, he may bring suit immediately in the Circuit Court of the United States; and if he be sued in any State court for such act, he may cause such suit to be immediately removed into the Circuit Court of the United States; and if the State court refuse a copy of its record, that record may be supplied by affidavit; and if the defendant be under arrest, or in custody, he is to be brought by _habeas corpus_ before the Circuit Court of the United States. Under the first part of these provisions, writs of mandamus and injunction may be issued, and all other writs and processes suitable to the case; and any judge of any court of the United States is authorized to grant writs of _habeas corpus_ in all cases of prisoners committed or confined for any act done in pursuance of a law of the United States, or of any order, process or decree of any court of the United States. These provisions are all found in the permanent sections of the act of Congress already referred to. The importance and efficiency of these provisions, if events were to arise in which obstruction to the collection of revenue should be attempted or threatened, are too obvious to require comment. The several district attorneys of the United States will take especial care to inform themselves of these enactments of law, and be prepared to cause them to be enforced in the first and in every case which may arise, justly calling for their application. "Declarations merely theoretical, or resolutions only declaratory of opinions, from however high authority emanating, cannot properly be made the subject of legal or judicial proceedings. They may be very intemperate, they may be very exceptional, they may be very unconstitutional; but until something shall be actually done or attempted, hindering or obstructing the execution of the laws of the United States, or injuring those employed in their execution, the officers of the government will remain vigilant indeed, and prepared for events, but without any positive exercise of authority. It is most earnestl
PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  



Top keywords:
United
 

States

 

Circuit

 

provisions

 
revenue
 

attempted

 
immediately
 

events

 
authority
 
prepared

corpus

 

habeas

 

record

 

person

 

execution

 
provided
 
enforced
 

vigilant

 

enactments

 
application

calling

 

Declarations

 

justly

 

especial

 

comment

 

require

 

earnestl

 

obvious

 
district
 
theoretical

positive

 
attorneys
 

exercise

 

inform

 

opinions

 

proceedings

 

judicial

 
injuring
 

subject

 
intemperate

obstructing

 

exceptional

 

hindering

 
properly
 
remain
 

government

 

unconstitutional

 

declaratory

 

officers

 

emanating