An Act to establish the Judicial Courts of the United States. — reading text

FIRST CONGRESS. Sess . L Ch . 20. 1789. 73 Stat ute I. Cha p . XX.—An Act to establish the Judicial Courts of the United States.(a) Sept. 24, 1789. Sect io n 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 to consist of a 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 shah 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 dis- 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 annu- ally, 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 fol- lowing 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 . T.—10 G 74 FIRST CONGRESS. Ses s . I. Ch . 20. 1789. Four sessions sessions, the first of which to commence as follows, to wit: in the dis- annually 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 re- spective 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 Decem- Special district ber next; and that the District Judge shall have power to hold special courts. 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 Hart- ford and New Haven, beginning at the first; in the district of New York, atNewYork; in the districtof 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 Eas- ton, 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 Au- Special 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 dis- and how divid- tricts, except those of Maine and Kentucky, shall be divided into three ed. [Obsolete.] circuits, and be called the eastern, the middle, and the southern cir- cuit. That the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut and New York; that the mid- dle 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 districtof 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 etal. 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. 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’ 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. Rulings, 16 Peters, 319.  FIRST CONGRESS. Sess . I. Ch . 20. 1789. 75 the Supreme Court, and the district judge of such districts, any two of whom shall constitute a quorum: Provided, That no