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
|