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Continuance of this act.

Sec. 7. And be it further enacted, That this act shall continue in force until the fourth day of March, in the year one thousand seven hundred and ninety-six, and no longer.

APPROVED, September 22, 1789.

STATUTE I.

Sept. 23, 1789.

[Obsolete.]

Salaries of Chief Justice, justices of the Supreme Court, and district judges.

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CHAP. XVIII.-An Act for allowing certain Compensation to the Judges of the

Supreme and other Courts, and to the Attorney General of the United States.(a)

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be allowed to the judges of the Supreme and other courts of the United States, the yearly compensations herein after mentioned, to wit: to the Chief Justice four thousand dollars; to each of the justices of the Supreme Court three thousand five hundred dollars; to the judge of the district of Maine one thousand dollars; to the judge of the district of New Hampshire, one thousand dollars; to the judge of the district of Massachusetts twelve hundred dollars; to the judge of the district of Connecticut one thousand dollars; to the judge of the district of New York fifteen hundred dollars; to the judge of the district of New Jersey one thousand dollars; to the judge of the district of Pennsylvania sixteen hundred dollars; to the judge of the district of Delaware eight hundred dollars; to the judge of the district of Maryland fifteen hundred dollars; to the judge of the district of Virginia eighteen hundred dollars; to the judge of the district of Kentucky one thousand dollars; to the judge of the district of South Carolina eighteen hundred dollars; to the judge of the district of Georgia fifteen hundred dollars; and to the Attorney General of the United States fifteen hundred dollars; which compensations shall commence from their respective appointments, and be paid at the treasury of the United States in quarterly payments.

APPROVED, September 23, 1789.

Commence. ment of, and how payable.

STATUTE I.

Sept. 24, 1789.
CHAP. XIX.-An Act for allowing a Compensation to the President and Vice

President of the United States.
Section 1. Be it enacted by the Senate and House of Representatives
President and of the United States of America in Congress assembled, That there shall
Vice President

be allowed to the President of the United States, at the rate of twenty-
of the U.States,
compensation five thousand dollars, with the use of the furniture and other effects,
to, commence. now in his possession, belonging to the United States; and to the Vice
ment of, and
how payable.

President, at the rate of five thousand dollars per annum, in full com-
pensation for their respective services, to commence with the time of
their entering on the duties of their offices respectively, and to continue
so long as they shall remain in office, and to be paid quarterly out of
the treasury of the United States.

APPROVED, September 24, 1789.

(a) By an act passed February 20, 1819, chap. 27, the annual salary of the Chief Justice of the United States was fixed at five thousand dollars, and the salaries of the Justices of the Court at four thousand five hundred dollars.

The acts relative to the compensation of the Attorney General of the United States subsequent to the act of September 23, 1789, have been: Act of March 2, 1797, chap. 3 ; act of March 2, 1799, chap. 38; act of February 20, 1804, chap. 12. By the act of February 20, 1819, chap. 15, the salary of the Attor. ney General was fixed at three thousand five hundred dollars per annum. By the 10th section of the act of May 29, 1830, chap. 153, an addition of five hundred dollars per annum was made to the salary of the Attorney General. In the general appropriation act of March 3, 1841, chap. 16, the sum of one thousand five hundred dollars was appropriated as compensation of clerk and messenger in the office of the Attor. ney General. Authority to appoint a messenger was given to the Attorney General by the act of August 26, 1842, chap. 202.

chief justice,

STATUTE I. Chap. XX.–An Act to establish the Judicial Courts of the United States.(a)

Sept. 24, 1789. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme Supreme court court of the United States shall consist of a chief justice and five asso

to consist of a ciate justices,(6) any four of whom shall be a quorum, and shall hold and five asso. annually at the seat of government two sessions, the one commencing ciates. the first Monday of February, and the other the first Monday of August. annually.

Two sessions That the associate justices shall have precedence according to the date

Precedence. of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.

Sec. 2. And be it further enacted, That the United States shall be, Thirteen dis. and they hereby are divided into thirteen districts, to be limited and tricts. called as follows, to wit: one to consist of that part of the State of Massachusetts which lies easterly of the State of New Hampshire, and to be called Maine District; one to consist of the State of New Hamp- Maine. shire, and to be called New Hampshire District ;(c) one to consist of N. Hampshire. the remaining part of the State of Massachusetts, and to be called Mas. Massachusetts. sachusetts district; one to consist of the State of Connecticut, and to be called Connecticut District; one to consist of the State of New York, Connecticut. and to be called New York District; one to consist of the State of New New York. Jersey, and to be called New Jersey District; one to consist of the New Jersey. State of Pennsylvania, and to be called Pennsylvania District; one to Pennsylvania, consist of the State of Delaware, and to be called Delaware District; Delaware. one to consist of the State of Maryland, and to be called Maryland Dis- Maryland. trict; one to consist of the State of Virginia, except that part called the District of Kentucky, and to be called Virginia District; one to consist Virginia. of the remaining part of the State of Virginia, and to be called Ken

Kentucky. tucky District; one to consist of the State of South Carolina, and to be called South Carolina District; and one to consist of the State of South Carolina. Georgia, and to be called Georgia District.

Georgia. Sec: 3. And be it further enacted, That there be a court called a A district court District Court, in each of the afore mentioned districts, to consist of in each district. one judge, who shall reside in the district for which he is appointed, and shall be called a District Judge, and shall hold annually four

(a) The 3d article of the Constitution of the United States enables the judicial department to receive jurisdiction to the full extent of the constitution, laws and treaties of the United States, when any ques. tion respecting them shall assume such a form that the judicial power is capable of acting on it. That power is capable of acting only where the subject is submitted to it by a party who asserts his right in a form presented by law. It then becomes a case. Osborn et al. v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741.

(6) By the act of April 29, 1802, chap. 31, the Supreme Court was declared to consist of a Chief Jus. tice and six associate Justices, and by the act of March 3, 1837, chap. 34, it was made to consist of a Chief Justice and eight associate Justices.

By the act of April 29, 1802, chap. 31, the provision of the act of September 24, 1789, requiring two annual sessions of the Supreme Court, was repealed, and the 2d section of that act required that the associate Justice of the fourth circuit should attend at Washington on the first Monday of August annually, to make all necessary rules and orders, touching suits and actions depending in the court. This section was repealed by the 7th section of the act of February 28, 1839, chap. 36.

By an act passed May 4, 1826, chap. 37, the sessions of the Supreme Court were directed to com. mence on the second Monday in January annually, instead of the first Monday in February; and by an act passed June 17, 1844, the sessions of the Supreme Court were directed to commence on the first Monday in December annually.

(c) The jurisdiction and powers of the District Courts have been declared and established by the following acts of Congress : Act of September 24, 1789; act of June 5, 1794, sec. 6; act of May 10, 1800: act of December 31, 1814; act of April 16, 1816; act of April 20, 1818; act of May 15, 1820; act of March 3, 1793.

The decisions of the Courts of the United States on the jurisdiction of the District Courts have been : The Thomas Jefferson, 10 Wheat. 428; 6 Cond. Rep. 173. M.Donough v. Danery, 3 Dall. 188; 1 Cond. Rep. 94. United States v. La Vengeance, 3 Dall. 297; 1 Cond. Rep. 132. Glass et al. v. The Betsey, 3 Dall. 6; 1 Cond. Rep. 10. The Alerta v. Blas Moran, 9 Cranch, 359; 3 Cond. Rep. 425. The Merino et al., 9 Wheat. 391 ; 5 Cond. Rep. 623. The Josefa Segunda, 10 Wheat. 312; 6 Cond. Rep. 111. The Bolina, 1 Gallis. C. C. R. 75. The Robert Fulton, Paine's C. C. R. 620. Jansen v. The Vrow Christiana Magdalena, Bee's D. C. R. 11. Jennings v. Carson, 4 Cranch, 2; 2 Cond. Rep. 2. The Sarah, 8 Wheat. 391; 5 Cond. Rep. 472. Penhallow et al. v, Doane's Adm'rs, 3 Dall. 54; 1 Cond. Rep. 21. The United States v. Richard Peters, 3 Dall. 121 ; 1 Cond. Rep. 60. M‘Lellan v, the United States, Vol. I.—10

G

courts.

Four sessions / sessions, the first of which to commence as follows, to wit: in the disannually in a district; and

tricts of New York and of New Jersey on the first, in the district of when held, Pennsylvania on the second, in the district of Connecticut on the third,

and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third Tuesdays of December next; and the other three sessions progressively in the respective districts on the like Tuesdays of every third calendar month afterwards, and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second

Monday in December of each and every year, commencing in DecemSpecial district ber next; and that the District Judge shall have power to hold special

courts at his discretion. That the stated District Court shall be held at Stated district

the places following, to wit: in the district of Maine, at Portland and courts; when holden. Pownalsborough alternately, beginning at the first; in the district of

New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charles

ton; and in the district of Georgia, alternately at Savannah and AuSpecial courts, gusta, beginning at the first ; and that the special courts shall be held where held. at the same place in each district as the stated courts, or in districts

that have two, at either of them, in the discretion of the judge, or at

such other place in the district, as the nature of the business and his Where records kept.

discretion shall direct. And that in the districts that have but one place for holding the District Court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which

the judge shall appoint. Three circuits, Sec. 4. And be it further enacted, That the before mentioned disand how divid- tricts, except those of Maine and Kentucky, shall be divided into three (Obsolete.)

circuits, and be called the eastern, the middle, and the southern circuit. That the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut and New York; that the middle circuit shall consist of the districts of New Jersey, Pennsylvania, Delaware, Maryland and Virginia; and that the southern circuit shall consist of the districts of South Carolina and Georgia, and that there shall be held annually in each district of said circuits, two courts, which the Supreme Court, and the district judge of such districts, any two of whom shall constitute a quorum: Provided, That no district judge shall give a vote in any case of appeal or error from his own decision; but may assign the reasons of such his decision.

shall be called Circuit Courts, and shall consist of any two justices of 1 Gallis. C. C. R. 227. Hudson et al. v. Guestier, 6 Cranch, 281; 2 Cond. Rep. 374. Brown v, The Uni. ted States, 8 Cranch, 110; 3 Cond. Rep. 56. De Lovio v. Boit et al., 2 Gallis. Rep. 398. Burke v. Trevitt, 1 Mason, 96. The Amiable Nancy, 3 Wheat. 546; 4 Cond. Rep. 322. The Abby, 1 Mason, 360. The Little Ann, Paine's C. C. R. 40. Slocum v. Mayberry et al., 2 Wheat. 1; 4 Cond. Rep. 1. Southwick v. The Postmaster General, 2 Peters, 442. Davis ó. A New Brig, Gilpin's D. C. R. 473. Smith v. The Pekin, Gilpin's D. C. R. 203. Peters' Digest, “Courts," " District Courts of the United States.'

The 3d section of the act of Congress of 1789, to establish the Judicial Courts of the United States, which provides that no summary writ, return of process, judgment, or other proceedings in the courts of the United States shall be abated, arrested or quashed for any defect or want of form, &c., although it does not include verdicts, eo nomine, but judgments are included ; and the language of the provision, "writ, declaration, judgment or other proceeding, in court causes," and further "such writ, declaration, pleading, process, judgment or other proceeding whatsoever," is sufficiently comprehensive to embrace every conceivable step to be taken in a court, from the emanation of the writ, down to the judgment, Roach v. Hulings, 16 Peters, 319.

Sec. 5. And be it further enacted, That the first session of the said First session circuit court in the several districts shall commence at the times follow. of the circuit

courts; when ing, to wit: in New Jersey on the second, in New York on the fourth, holden: in Pennsylvania on the eleventh, in Connecticut on the twenty-second, [Obsoleto.) and in Delaware on the twenty-seventh, days of April next; in Massachusetts on the third, in Maryland on the seventh, in South Carolina on the twelfth, in New Hampshire on the twentieth, in Virginia on the twenty-second, and in Georgia on the twenty-eighth, days of May next, and the subsequent sessions in the respective districts on the like days of every sixth calendar month afterwards, except in South Carolina, where the session of the said court shall commence on the first, and in Georgia where it shall commence on the seventeenth day of October, and except when any of those days shall happen on a Sunday, and then the session shall commence on the next day following. And the ses- Where holden. sions of the said circuit court shall be held in the district of New Hampshire, at Portsmouth and Exeter alternately, beginning at the first; in the district of Massachusetts, at Boston; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first; in the district of New Jersey, at Trenton; in the district of Pennsylvania, alternately at Philadelphia and Yorktown, beginning at the first; in the district of Delaware, alternately at New Castle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburgh, beginning at the first; in the district of South Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall

Circuit courte.

Special seshave power to hold special sessions for the trial of criminal causes at any sions. other time at their discretion, or at the discretion of the Supreme Court.(a)

(a) The sessions of the Circuit Courts have been regulated by the following acts : In ALABAMA-act of March 3, 1837. In ARKANSAS-act of March 3, 1837. In CONNECTICUT-act of September 24, 1789; act of April 13, 1792 ; act of March 2, 1793; act of March 3, 1797 ; act of April 29, 1802; act of May 13, 1826. In DELAWARE—act of September 24, 1789; act of March 3, 1797; act of April 29, 1802; act of March 24, 1804; act of March 3, 1837. In GEORGIA--act of September 24, 1789; act of August 11, 1790; act of April 13, 1792; act of March 3, 1797; act of April 29, 1802; act of May 13, 1826 ; act of Jan. 21, 1829. KENTUCKY-act of March 3, 1801 ; act of March 8, 1802; act of March 2, 1803; act of Feb. 27, 1807 ; act of March 22, 1808 ; April 22, 1824. LOUISIANA-act of March 3, 1837. MAINE -act of March 3, 1801 ; act of March 8, 1802 ; act of March 30, 1820. MARYLAND_act of Sept. 24, 1789; act of March 3, 1797; act of April 29, 1802; act of Feb. 11, 1830; act of March 3, 1837. 'Mas. SACHUSETTS—act of Sept. 24, 1789; act of March 3, 1791 ; act of June 9, 1794; act of March 2, 1793 ; act of March 3, 1797 ; act of March 3, 1801; act of March 8, 1802; act of April 29, 1802; act of March 26, 1812. MISSOURI—act of March 3, 1837. MISSISSIPPI-act of March 3, 1839. NEW HAMPSHIRE—act of Sept. 24, 1789; act of March 3, 1791; act of April 13, 1792 ; act of March 2, 1793 ; act of March 3, 1797 ; act of March 3, 1801 ; act of April 29, 1802 ; act of March 6, 1812. NEW JERSEY –act of September 24, 1789; act of March 3, 1797 ; act of April 2, 1802. New YORK-act of September 24, 1789; act of March 3, 1791; act of April 13, 1792; act of March 2, 1793 ; act of March 3, 1797 ; act of April 29, 1802 ; act of March 3, 1825 ; act of February 10, 1832 ; act of May 13, 1836; act of March 3, 1837. North CAROLINA-act of September 24, 1789; act of April 13, 1792 ; act of March 2, 1793; act of March 31, 1796 ; act of March 3, 1797 ; act of July 5, 1797 ; act of April 29, 1802 ; act of March 8, 1806; act of February 4, 1807. Ohio-act of February 24, 1807 ; act of March 22, 1808 ; act of April 22, 1824 ; act of May 20, 1826. PENNSYLVANIA--act of September 24, 1789; act of May 12, 1796 ; act of March 3, 1797 ; act of December 24, 1799 ; act of April 29, 1802 ; act of March 3, 1837. RHODE Island—act of June 23, 1790; act of March 3, 1791 ; act of March 2, 1793; act of May 22, 1796 ; act of March 3, 1797 ; act of March 3, 1801; act of March 8, 1802 ; act of April 29, 1802; act of March 26, 1812. SOUTH CAROLINA-act of September 24, 1789; act of August 11, 1790; act of March 3, 1797; act of April 29, 1802 ; act of April 14, 1816; act of May 25, 1824; act of March 3, 1825; act of May 4, 1826 ; act of February 5, 1829. TENNESSEE—act of February 24, 1807; act of March 22, 1808; act of March 10, 1812 ; act of January 13, 1831. VERMONT-act of March 2, 1791 ; act of March 2, 1793; act of May 1796 ; act of March 3, 1797 ; act of 29, 1802 ; act of March 1816. VIRGINIA-act of September 24, 1789; act of March 3, 1791 ; act of April 13, 1792 ; act of March 3, 1797; act of April 29, 1802; act of March 2, 1837. See the General Index.

one or more

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Supreme court Sec. 6. And be it further enacted, That the Supreme Court may, by adjourned by

any one or more of its justices being present, be adjourned from day to day justices; circuit until a quorum be convened; and that a circuit court may also be adcourts adjourn. journed from day to day by any one of its judges, or if none are preed.

sent, by the marshal of the district until a quorum convened ;(a) and
that a district court, in case of the inability of the judge to attend at the

commencement of a session, may by virtue of a written order from the District courts said judge, directed to the marshal of the district, be adjourned by the adjourned.

said marshal to such day, antecedent to the next stated session of the
said court, as in the said order shall be appointed; and in case of the
death of the said judge, and his vacancy not being supplied, all process,
pleadings and proceedings of what nature soever, pending before the
said court, shall be continued of course until the next stated session

after the appointment and acceptance of the office by his successor.
The courts Sec. 7. And be its further) enacted, That the Supreme Court, and the
have power to district courts shall have power to appoint clerks for their respective
appoint clerks.

courts, (b) and that the clerk for each district court shall be clerk also
of the circuit court in such district, and each of the said clerks shall,

before he enters upon the execution of his office, take the following oath
Their oath or or affirmation, to wit: “I, A. B., being appointed clerk of
affirmation.

do solemnly swear, or affirm, that I will truly and faithfully enter and
record all the orders, decrees, judgments and proceedings of the said
court, and that I will faithfully and impartially discharge and perform
all the duties of my said office, according to the best of my abilities and
understanding. So help me God." Which words, so help me God,
shall be omitted in all cases where an affirmation is admitted instead of
an oath. And the said clerks shall also severally give bond, with suffi-
cient sureties, (to be approved of by the Supreme and district courts re-
spectively) to the United States, in the sum of two thousand dollars,
faithfully to discharge the duties of his office, and seasonably to record
the decrees, judgments and determinations of the court of which he is
clerk.

Sec. 8. And be it further enacted, That the justices of the Supreme
Court, and the district judges, before they proceed to execute the duties

of their respective offices, shall take the following oath or affirmation, to
Oath of jus- wit: “I, A. B., do solemnly swear or affirm, that I will administer jus-
tices of supreme tice without respect to persons, and do equal right to the poor and to the
of the district rich, and that I will faithfully and impartially discharge and perform all
court.
the duties incumbent on me as

according to the best of my abilities and understanding, agreeably to the constitution and laws of

the United States. So help me God.” District courts exclusive juris

Sec. 9. And be it further enacted, That the district courts(c) shall diction. have, exclusively of the courts of the several States, cognizance of all

crimes and offences that shall be cognizable under the authority of the
United States, committed within their respective districts, or upon the

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By the act of March 10, 1838, the Justice of the Supreme Court is required to attend but one circuit in the districts of Indiana, Illinois, and Michigan.

By an act passed in 1844, the Justices of the Supreme Court are empowered to hold but one session of the Circuit Court in each district in their several circuits. The Judges of the District Courts hold the other sessions of the Circuit Court in their several districts.

(a) The provisions of law on the subject of the adjournments of the Supreme Court in addition to the 6th section of this act, are, that in case of epidemical disease, the court may be adjourned to some other place than the seat of government. Act of February 25, 1799.

(6) By the 2d section of the act entitled “an act in amendment of the acts respecting the judicial sys. tem of the United States," passed February 28, 1839, chap. 36, it is provided “ that all the circuit courts of the United States shall have the appointment of their own clerks, and in case of disagreement between the judges, the appointment shall be made by the presiding judge of the court.” See ex parte Duncan N. Hennen, 13 Peters, 230.

(c) The further legislation on the subject of the jurisdiction and powers of the District Courts are : the act of June 5, 1794, ch. 50, sec, 6; act of May 10, 1800, chap. 51, sec. 5; act of February 24, 1807, chap. 13; act of February 24, 1807, chap. 16; aci of March 3, 1815 ; act of April 16, 1816, chap. 56, sec. 6; act of April 20, 1918, chap. 88; act of May 15, 1820, chap. 106, sec. 4; act of March 3, 1823, chap. 72.

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