Texas v. Lewis

This cause was heard on the motion to remand at the last term by the district judge sitting in the circuit court, and the motion was denied. See 12 Fed. Rep. 1. The motion has been reargued at this term, at the suggestion of the district judge, that the circuit judge might also pass upon the case. In reaching the same conclusion as before but little need be said in addition to the reason formerly given by the district judge. It seems now to he undisputed that the suit is one “against an alien,” and that the first clause of section 639, Rev. St., (twelfth section of judiciary act of 1789,) in…