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Certain arti. chocolate, manufactured or made in the states of North Carolina, or duties as on fo. Rhode Island and Providence Plantations, and imported or brought into reign goods. the United States, shall be deemed and taken to be, subject to the like

duties, as goods of the like kinds, imported from any foreign state, king

dom or country, are made subject to. Rehoboth es. Sec. 4. And be it further enacted, That Rehoboth, in the state of tablished a port Massachusetts, shall be a port of entry and delivery, until the fifteenth of entry.

day of January next, and that a collector be appointed for the same.

APPROVED, September 16, 1789.

STATUTE I,

Sept. 22. 1789.

Chap. XVI.- An Act for the temporary establishment of the Post-Office.(a) (Obsolete.) Section 1. Be it enacted by the Senate and House of RepresentaPowers and

tives of the United States of America in Congress assembled, That there salary.

shall be appointed a Postmaster General; his powers and salary,(b) and the compensation to the assistant or clerk and deputies which he may appoint, and the regulations of the post-office shall be the same as they last were under the resolutions and ordinances of the late Congress. The Postmaster General to be subject to the direction of the President of the United States in performing the duties of his office, and in form

ing contracts for the transportation of the mail. Limitation. Sec. 2. And be it further enacted, That this act shall continue in

Continued by force until the end of the next session of Congress, and no longer. act of August 4, 1790, ch. 36. APPROVED, September 22, 1789.

STATUTE I.

Sept. 22, 1789. CHAP. XVII.-An Act for allowing Compensation to the Members of the Senate and

House of Representatives of the United States, and to the Officers of both Houses.(c) (Obsolete.]

Section 1. Be it enacted by the Senate and House of RepresentaSenators, tives of the United States of America, in Congress assembled, That at their allowance for attendance every session of Congress, and at every meeting of the Senate in the and travelling,

recess of Congress, prior to the fourth day of March, in the year one prior to the 4th thousand seven hundred and ninety-five, each Senator shall be entitled of March, 1795. to receive six dollars, for every day he shall attend the Senate, and shall

also be allowed, at the commencement and end of every such session Act of March and meeting, six dollars for every twenty miles of the estimated distance, Act of Aprii by the most usual road, from his place of residence to the seat of Con29, 1802, ch. 35. gress; and in case any member of the Senate shall be detained by sick

ness on his journey to or from any such session or meeting, or after his arrival shall be unable to attend the Senate, he shall be entitled to the same daily allowance: Provided always, That no Senator shall be allowed a sum exceeding the rate of six dollars a day, from the end of one such session or meeting to the time of his taking his seat in another.

Sec. 2. And be it further enacted, That at every session of Congress,

and at every meeting of the Senate in the recess of Congress, after the (a) The acts passed for the establishment and regulation of the Post-office Department, and which are obsolete, have been, in addition to this act: Act of August 4, 1790, chap. 36; act of March 3, 1791, chap. 23; act of February 20, 1792; act of May 8, 1794; act of March 3, 1797, chap. 19; act of March 28, 1798, chap. 24; act of March 2, 1799, chap. 43; act of December 23, 1814 ; act of February 27, 1815; act of February 1, 1816, chap. 7; act of April 9, 1816, chap. 43; act of March 3, 1825, chap. 64.

The acts in force in reference to the Post office Departinent are, the “ act concerning public contracts," April 21, 1808, chap. 48; act of March 2, 1827, chap. 61. An act to change the organization of the post-office department, and to provide more effectually for the settlement of the accounts thereof, July 2, 1836, chap. 270; resolution of March 2, 1837; act of March 3, 1845, chap. 23, 34.

(6) By an act passed March 2, 1827, chap. 62, an addition was made to the salary of the Postmaster General of two thousand dollars, making the annual salary of that officer six thousand dollars.

(c) The acts of Congress, subsequent to this act, allowing compensation to members of the Senate and House of Representatives, &c., have been : Act of July 6, 1797, chap. 13; act of March 19, 1816, chap. 30; act of January 22, 1818, chap. 5; act of 1796, chap. 4.

aforesaid fourth day of March, in the year one thousand seven hundred Allowance for

attendance and and ninety-five, each Senator shall be entitled to receive seven dollars

travelling, after for every day he shall attend the Senate; and shall also be allowed at March 4, 1795. the commencement and end of every such session and meeting, seven dollars for every twenty miles of the estimated distance, by the most usual road, from his place of residence to the seat of Congress; and in case any inember of the Senate shall be detained by sickness, on his journey to or from any such session or meeting, or after his arrival shall be unable to attend the Senate, he shall be entitled to the same allowance of seven dollars a day: Provided always, That no Senator shall be allowed a sum exceeding the rate of seven dollars a day, from the end of

Repealed by

act of 1796, ch. one such session or meeting to the time of his taking a seat in another. 4. Sec. 3. And be it further enacted, That at every session of Congress,

Members of

the House of each Representative shall be entitled to receive six dollars for every day

Representahe shall attend the House of Representatives; and shall also be allowed tives, their al. at the commencement and end of every session, six dollars for every lowance for at

tendance and twenty miles of the estimated distance, by the most usual road, from his

travelling. place of residence to the seat of Congress; and in case any Representative shall be detained by sickness, on his journey to or from the session of Congress, or after his arrival shall be unable to attend the House of Representatives, he shall be entitled to the daily allowance aforesaid; and the Speaker of the House of Representatives, to defray the incidental expenses of his office, shall be entitled to receive in addition to his compensation as a Representative, six dollars for every day he shall attend the House: Provided always, That no Representative shall be allowed a sum exceeding the rate of six dollars a day, from the end of one such session or meeting to the time of his taking a seat in another.

Sec. 4. And be it further enacted, That there shall be allowed to Chaplains, seeach chaplain of Congress, at the rate of five hundred dollars per annum clerks, their saduring the session of Congress; to the secretary of the Senate and clerk laries and al. of the House of Representatives, fifteen hundred dollars per annum each, lowance. to commence from the time of their respective appointments; and also a further allowance of two dollars per day to each, during the session of that branch for which he officiates: and the said secretary and clerk shall each be allowed (when the President of the Senate or Speaker shall deem it necessary) to employ one principal clerk, who shall be paid three dollars per day, and an engrossing clerk, who shall be paid two dollars per day during the session, with the like compensation to such clerk while he shall be necessarily employed in the recess.

Sec. 5. And be it further enacted, That the following compensation shall be allowed to the officers herein after mentioned, viz: To the ser Sergeant at geant at arms, during the sessions and while employed on the business arms and doorof the House, four dollars per day; the allowance of the present sergeant allowance for at arms to commence from the time of his appointment. To the door- services, atkeeper of the Senate and House of Representatives, for their services tendance, &c. in those offices, three dollars per day during the session of the House to which he may belong, for his own services, and for the hire of necessary labourers; the allowance to the present door-keeper of the Senate to commence from the day appointed for the meeting of Congress; and the allowance to the door-keeper of the House of Representatives to commence from his appointment; and to the assistant door-keeper to each House, two dollars per day during the sessions.

Sec. 6. And be it further enacted, That the said compensation which Compensashall be due to the members and officers of the Senate, shall be certified tions, how to be by the President; and that which shall be due to the members and officers of the House of Representatives, shall be certified by the Speaker; and the same shall be passed as public accounts, and paid out of the public treasury.

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. Chap. XVIII.-An Act for allowing certain Compensatim to the Judges of the

Supreme and other Courts, and to the Altorney General of the United States.(a) [Obsolete.)

Section 1. Be it enacted by the Senate and House of Representatives Salaries of of the United States of America in Congress assembled, That there shall Chief Justice, be allowed to the judges of the Supreme and other courts of the United Supreme Court, States, the yearly compensations herein after mentioned, to wit: to the and district Chief Justice four thousand dollars; to each of the justices of the Supreme judges.

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 Commence.

General of the United States fifteen hundred dollars; which compensament of, and

tions shall commence from their respective appointments, and be paid how payable. at the treasury of the United States in quarterly payments.

APPROVED, September 23, 1789.

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 twentyof 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 compensation 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. 15, 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. 16, the salary of the Attorney 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 Attorney General. Authority to appoint a messenger was given to the Attorney General by the act of August | 26, 1842, chap. 202.

to consist of a

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

chief justice, 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.

Two sessions the first Monday of February, and the other the first Monday of August.

annually. 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 dig.

tricts. and they hereby are divided into thirteen districts, to be limited and 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. 32, 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. 1.-10

G

courts.

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

tricts of New York and of New Jersey on the first, in the district of district; and 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 courts; when

the places following, to wit: in the district of Maine, at Portland and 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 discretion shall direct. And that in the districts that have but one place kept.

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

shall be called Circuit Courts, and shall consist of any two justices of 1 Gallis' C. C. R. 227, Hudson et al. o. 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 ». 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. Maybury et al., 2 Wheat. 1; 4 Cond. Rep. 1. Southwick v. The Postmaster General, 2 Peters, 442. Davis v. A New Brig, Gilpin's D. C. R. 473. Smith v. The Pekin, Gilpin's D. C. R. 203. Peters' Digesi, “ 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.

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