States, prohibited from— ART. SEC. PAGE. laying imposts, or duties on imports and exports for their own use. engaging in war, unless actually invaded or in imminent danger States, new, may be admitted into the Union may be formed within the jurisdiction of others, or by the junction States, Judges of, bound to consider treaties, the Constitution, and the laws under States, majority of all, necessary to the choice of President State, each, to be guarantied republican form of government; protected against invasion; and secured, upon application, against domestic violence. Tax, capitation or direct, shall be laid only in proportion to census Tax, on exports from a State, prohibited . . . . Taxes, direct, shall be apportioned according to representation Territory or property belonging to United States Congress, may make rules concerning two witnesses, or confession, necessary for conviction punishment of, may be prescribed by Congress, with one limitation or other crime, persons charged with in one State, fleeing into another, Treasury, money drawn from, only by appropriation Treaties, the supreme law. Vacancies happening during recess of Senate may be filled temporarily by Presi dent. Vessels to enter, clear, and pay duties in States in which they arrive or depart from. 21 15 2 2 2 1 Vice President of the United States to be President of the Senate, except when qualification for, 12th Amendment. shall, in certain cases, discharge the duties of President of United Vote of one House requiring the concurrence of the other-see Resolution AMENDMENTS. Warrants for searches and seizures, when and how they shall issue 5 Fourteenth Amendment, citizens and their rights; Representative apportionment; disa- 147 1 29 30 23 PAGE. 28 30 ACTS OF CONGRESS UPON THE SUBJECT OF REMOVAL OF SUITS FROM THE STATE COURTS TO THE COURTS OF [Extract from United States Statutes at Large, First Congress, Chapter 20, entitled "An act to establish the Judicial Courts of the United States." SECTION II. zance of circuit And be it further enacted, That the circuit courts shall Original cognihave original cognizance, concurrent with the courts of the courts. several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State. SECTION 12. And be it further enacted, That if a suit be commenced in any State court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State, and the matter in dispute exceeds the aforesaid sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court; and the defendant shall, at the time of entering his appearance in such State court, file a petition for the removal of the cause for trial into the next circuit court, to be held in the district where the suit is pending, or if in the district of Maine to the district court next to be holden therein, or if in Kentucky district to the district court next to be holden therein, and Matter in dispute above $500. from State courts Special bail. goods holden to final judgment. ceeding 500 dollars in value. offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the State court to accept the surety, and proceed no further in the cause, and any bail that may have been originally taken shall be discharged, and the said copies being entered as aforesaid, in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there Attachment of by original process. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit commenced. And if Title of land ex- in any action commenced in a State court, the title of land be concerned, and the parties are citizens of the same State, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court and make affidavit if they require it, that he claims and shall rely upon a right or title to the land, under a grant from a State other than that in which the suit is pending, and produce the original grant or an exemplification of it, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court whether he claims a right or title to the land under a grant from the State in which the suit is pending; the said adverse [party] shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial, and if he informs that he does claim under such grant, the party claiming under the grant first mentioned may then, on motion, remove the cause for trial to the next circuit court If in Maine and to be holden in such district, or if in the district of Maine, Kentucky, where re to the court next to be holden therein; or, if in Kentucky district, to the district court next to be holden therein; but if he is the defendant, shall do it under the same regulations as in the before mentioned case of the removal of a cause into such court by an alien; and neither party removing the cause, shall be allowed to plead or give evidence of any causes are other title than that by him stated as aforesaid, as the of admiralty, and maritime jurisdiction, be by jury. Approved September 24, 1789. jury. d [Extract from United States Statutes at Large, Thirty-ninth Congress.] Suits where the matter in dispute exceeds $500 in against aliens, or State where State courts by citizens of the brought, against citizen of said State and a State, if the suits are, &c., may removed by the citizen of another be alien defendant, or by the defend ant who is a citi zen of such other State, to the cir cuit court of the United States. An Act for the Removal of Causes in certain Cases from State Courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if in any suit already commenced, or that may hereafter be commenced, in any State court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court, a citizen of the State in which the suit is brought, is or shall be a defendant, and if the suit so far as relates to the alien defendant, or to the defendant who is the citizen of a State other than that in which the suit is brought, is or has been instituted or prosecuted for the purpose of restraining or enjoining him, or if the suit is one in which there can be a final determination of the controversy, so far as it concerns him, without the presence of the other defendants as parties in the cause, then and in every such case the alien defendant, or the defendant who is a citizen of a State other than that in which the suit is brought, may, at any time before the trial or final hearing of the cause, file a petition for the removal of the cause as against him into the next circuit court of the United States, to be held in the district where the suit is pending, and offer good and and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him, and of all pleadings, depositions, testimony, and other proceedings in said cause affecting or concerning Proceedings for him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein; and it shall be thereupon the duty of the State court to accept the surety, and proceed no further in the cause as against the defendant so applying for its removal; and any bail that may have been originally taken shall be discharged, removal. State Court to proceed no fur ther against such defendants. Attachments. Injunctions. ty, &c. and the said copies being entered as aforesaid in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process against the defendant who shall have so filed a petition for its removal as above provided. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer final judg ment, had it been rendered by the court in which the suit commenced; and any injunction granted before the removal of the cause against the defendant applying for its removal, shall continue in force until modified or dissolved by the United States Court into which the cause shall be removed; Bond of indemni- and any bond of indemnity, or other obligation given by the plaintiff upon the issuing or granting of any attachment, writ of injunction, or other restraining process against the defendant petitioning for the removal of the cause, shall also continue in full force, and may be prosecuted by the defendant, and made available for his indemnity in case the attachment, injunction, or other restraining process be set aside or dissolved, or judgment be rendered in his favor, in the same manner and with the same force and effect as if such injunction, attachment, or restraining process had been granted, and such bond had been originally filed or given in the court Plaintiff may to which the cause is removed. And such removal of the proceed in State Court against cause, as against the defendant petitioning therefor, into the United States Court, shall not be deemed to prejudice or take away the right of the plaintiff to proceed at the same time with the suit in the State court as against the other defendants, if he shall desire to do so. And the copies of all pleadings filed or entered as aforesaid in the United States Court by the defendant applying for the removal of the cause, shall have the same force and effect in every respect and for every purpose as the original pleadings would have had by the laws and practice of the courts of such State, if the cause had remained in the State court. other defendants. Copies of plead ings to have same effect as originals Approved July 27, 1866. |