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

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. Sec . 5. And be it further enacted, That the first session of the said First session of the circuit circuit court in the several districts shall commence at the times follow- 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, [Obsolete.] and in Delaware on the twenty-seventh, days of April next; in Massa- chusetts 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 Hamp- shire, 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 Charles- ton, beginning at the first; and in the district of Georgia, alternately at Circuit courts. Savannah and Augusta, beginning at the first. And the circuit courts shall Special ses- have 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 Alab ama —act of March 3, 1837. In Ar ka nsa s —act of March 3, 1837. In Con nec ti cu t —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 Delaw ar e —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 Geor gi a —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. Kentu ck y —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. Lou is ia na —act of March 3, 1837. Main e _ 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 - sa c hu setts _ actof 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. Mis sou ri —act of March 3, 1837. Mis si ss ippi —act of March 3, 1839. New Hamp shi r e —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 Sep- tember 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. Nor th Car oli na —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. Ohi o —act of February 24, 1807 ; act of March 22, 1808; act of April 22 1824; act of May 20, 1826. Pennsylva nia —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. Rho de Isl and _ 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. Sou th Caro lina —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. Tenn ess ee —act of February 24, 1807 ; act of March 22, 1808 • act of March 10, 1812 ; act of January 13, 1831. Verm on t —act of March 2, 1791; act ofMarch 2, 1793; act of May 27, 1796; act ofMarch 3, 1797; act of April 29, 1802; act ofMarch 22, 1816. Vir gi ni a —act of September 24, 1789; act of March 3, 1791 ; act of .April 13, 1792; act of March 3, 1797; act of April 29, 180.2; act of March 2, 1837. 76 FIRST CONGRESS. Ses s . I. Ch . 20. 1789. Supreme court Sec . 6. And be it further enacted, That the Supreme Court may, by adjourned by one or more 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 ad- courts adjourn- journed from day to day by any one of its judges, or if none are pre- ed. sent, by the marshal of the district until a quorum be 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. Andbe it [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,(6) 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 court and judges 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 Sec . 9. And be it further enacted, That the district courts(c) shall exclusive juris- 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 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; act of March 3, 1815; act of April 16, 1816, chap. 56, sec. 6; act of April 20, 1818, chap. 103; act of May 15, 1820, chap. 106, sec. 4; act of March 3, 1823, chap. 71.  FIRST CONGRESS. Sess . I. Ch . 20. 1789. 77 high seas; where no other punishment than whipping, not exceeding [Acts of June thirty stripes, a fine not exceeding one hundred dollars, or a term of im- 5,1794, sect. 6; act of Feb. 13, prisonment not exceeding six