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transferred to the district court of the eastern district of Texas; and such suits and proceedings pending at any of the places at which terms of the said district court were enjoined to be held, and which said places may be within the western district, shall be transferred to the district court of the western district of Texas; and this act shall not produce a discontinuance of any such suit or proceeding, or of any order, issue, or process therein; and jurisdiction is here given to the said district courts respectively* and perform all duties appertaining to the said suits and proceedings, and to proceed to try and dispose of the same as fully as the district court of Texas was authorized to do; and all process, mesne or final, which may have issued from any of the courts of the district of Texas, shall be proceeded in and returned to the district court to be holden at the place from whence the same issued, and shall be of as full force and effect as if the said district had not been divided into two districts; and all process which may have issued from the said district court of Texas in any cause pending therein, or any penal or other process which may hereafter issue from any of the said courts to enforce any order, judgment, or decree, in any cause heretofore ended and determined therein, shall be issued from and made returnable to the court in which the said cause or the record thereof may be, and may issue and be executed by the marshal of the district from which issues in any part of the State.
SEC. 4. And be it further enacted, That either of the said district courts may, on application of the parties defendant, and for good cause shown, order any suit now pending, and transferred to such court by this act, to be removed to the proper court of the other district for further proceedings; and thereupon the clerk shall transmit all the papers in the cause, with a transcript of all the proceeding and orders in relation thereto, to the clerk of the court to which the suit shall be removed, and all further proceedings shall be had in the said court, as if the suit had been originally commenced therein.
Judge to be appointed for the western district.
SEC. 5. And be it further enacted, That the present judge of the district of Texas be and he is hereby assigned to hold said courts in the eastern district judge as signed to the district of Texas, and shall exercise the same. jurisdiction and perform eastern district. the same duties within the said district as he now exercises and performs within his present district. There shall be appointed a district judge for the western district of Texas, who shall the same powers, possess do and perform all such duties in his district as are now enjoyed, or in any manner appertaining to the present district judge for the district of Texas. And the district judge of each district shall be entitled to the same compensation as by law is provided for the present judge of the district of Texas.
neys and mar
SEC. 6. And be it further enacted, That there be appointed one person District attoras district attorney, and one person as marshal, for said western district, shals for said diswhose terms of appointment and service, as well as duties and emoluments, tricts. shall be the same with those respectively appertaining to the said offices in the district of Texas; and said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: Provided, That the present district attorney of the district of Texas shall be the district attorney for the eastern district, but shall retain charge of all suits already commenced until the final termination, unless the President of the United States shall otherwise direct; and the present marshal of the district of Texas shall be the marshal of the eastern district, during their respective official terms.
SEC. 7. And be it further enacted, That all suits hereafter to be brought in either of said courts, not of a local nature, shall be brought in the court of the district where the defendant resides; but if there be more
Something seems wanting here to complete the sense, but the Rolls are as is
Apportionment of jurisdiction between said dis
Feb. 26, 1857.
1858, ch. 31. Post, p. 285.
part of Minnesota authorized to
form a Constitu
tion and State Government.
Jurisdiction over bordering
waters, which are common high
declared to be
Convention of delegates to be held.
than one defendant, and they reside in different districts, the plaintiff may issue in either, and send a duplicate writ against the defendants, directed to the marshal of the other district, on which writ an endorsement shall be made, that the writ thus sent is a copy of a writ sued out of the court of the proper district; and said writs, when executed and returned into the office from whence they issued, shall constitute one suit and be proceeded in accordingly.
APPROVED, February 21, 1857.
CHAP. LX.-An Act to authorize the People of the Territory of Minnesota to form a Constitution and State Government, preparatory to their Admission in the Union on an equal Footing with the original States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that portion of the Territory of Minnesota which is embraced within the following limits, to wit: Beginning at the point in the centre of the main channel of the Red River of the North, where the boundary line between the United States and the British possessions crosses the same; thence up the main channel of said river to that of the Boix des Sioux River; thence [up] the main channel of said river to Lake Travers; thence up the centre of said lake to the southern extremity thereof; thence in a direct line to the head of Big Stone Lake; thence through its centre to its outlet; thence by a due south line to the north line of the State of Iowa; thence east along the northern boundary of said State to the main channel of the Mississippi River; thence up the main channel of said river, and following the boundary line of the State of Wisconsin, until the same intersects the Saint Louis River; thence down said river to and through Lake Superior, on the boundary line of Wisconsin and Michigan, until it intersects the dividing line between the United States and the British possessions; thence up Pigeon River, and following said dividing line to the place of beginning-be and they are hereby authorized to form for themselves a Constitution and State Government, by the name of the State of Minnesota, and to come into the Union on an equal footing with the original States, according to the federal constitution.
SEC. 2. And be it further enacted, That the said State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said State and any other State or States now or hereafter to be formed or bounded by the same; and said river and waters, and the navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said State as to all other citizens of the United States, without any tax, duty, impost, or toll, therefor.
SEC. 3. And be it further enacted, That on the first Monday in June next, the legal voters in each representative district, then existing within the limits of the proposed State, are hereby authorized to elect two delegates for each representative to which said district may be entitled according to the apportionment for representatives to the territorial legislature, which election for delegates shall be held and conducted, and the returns made, in all respects in conformity with the laws of said Territory regulating the election of representatives; and the delegates so elected shall Meeting of con- assemble at the capitol of said Territory on the second Monday in July next, and first determine, by a vote, whether it is the wish of the people of the proposed State to be admitted into the Union at that time; and if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State government, in conformity with the federal constitution, subject to the approval and ratification of the people of the proposed State.
SEC. 4. And be it further enacted, That in the event said convention shall decide in favor of the immediate admission of the proposed State into the Union, it shall be the duty of the United States' marshal for said Territory to proceed to take a census or enumeration of the inhabitants within the limits of the proposed State, under such rules and regulations as shall be prescribed by the Secretary of the Interior, with the view of ascertaining the number of representatives to which said State may be Representatives entitled in the Congress of the United States; and said State shall be in Congress. entitled to one representative and such additional representatives as the population of the State shall, according to the census, show it would be entitled to according to the present ratio of representation.
SEC. 5. And be it further enacted, That the following propositions be, and the same are hereby offered to the said convention of the people of be acted on by Minnesota for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Minnesota, to wit:
First. That sections numbered sixteen and thirty-six in every township School lands. of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said State for the use of schools.
Second. That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Land-Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose.
Land for a
Land for pub
Third. That ten entire sections of land, to be selected by the Governor of said State, in legal subdivisions, shall be granted to said State for the lic buildings. purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.
Fourth. That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use; the same to be selected by the Governor thereof within one year after the admission of said State, and when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall, by this article, be granted to said State. Fifth. That five per centum of the net proceeds of sales of all public Percentage on lands lying within said State, which shall be sold by Congress after the admission of the said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct : Provided, The foregoing propositions herein offered are on the condition, that the said convention which shall form the constitution of said State positions made shall provide, by a clause in said constitution, or an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents. APPROVED, February 26, 1857.
The above pro
March 2, 1857. CHAP. LXI.—An Act making Appropriations for the Completion of Military Roads in Oregon Territory.
Appropriation Be it enacted by the Senate and House of Representatives of the United for military roads States of America in Congress assembled, That the following sums of in Oregon. money be and the same are hereby appropriated, for the completion of military roads now in the course of construction in the Territory of Oregon, to wit:-for the completion of the road from Astoria to Salem, the sum of ten thousand dollars; for the completion of the road from Myrtle Creek to Camp Stewart, the sum of thirty thousand dollars; and for the completion of the road from Myrtle Creek to Scottsburg, the sum of thirty thousand dollars; the same to be done under the direction of the Secretary of War.
APPROVED, March 2, 1857.
March 2, 1857. CHAP. LXII.-An Act to establish Augusta, in the State of Georgia, a Port of Delivery. Be it enacted by the Senate and House of Representatives of the United Augusta (Ga.) States of America in Congress assembled, That Augusta, in the State made a port of of Georgia, within the collection district of Savannah, be and the same delivery. is hereby declared to be a port of delivery, within the said collection Surveyor. district, and there shall be appointed a surveyor of customs, to reside at said port of Augusta, who shall perform similar duties towards, and in connection with, the collector at the port of entry, as are prescribed for surveyors of the ports of Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, and Nashville, by the act of Congress approved second March, eighteen hundred and thirty-one, being entitled "An act allowing the duties on foreign merchandize imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and Duties of col- paid at those places," the duties of the collector at Savannah in reference lector at Savan- to all foreign merchandize entered for the port of Augusta, and to be nah as to importations for Au- shipped from Savannah to Augusta, either by the river or railroad, shall
1831, ch. 87.
Vol. iv. p. 480.
Importations how made.
be the same as those prescribed for the collector at New Orleans, in reference to merchandize entered by an importer or his agent there for the ports above mentioned in said act. And importations of foreign merchandize to Augusta may be made through the port of Savannah in the same way, and under like instructions, [restrictions,] penalties, and forfeitures, as by the said act they are allowed to be made to the places above mentioned through the port of New Orleans.
APPROVED, March 2, 1857.
March 2, 1857.
1842, ch. 270.
CHAP. LXIII.-An Act to amend the twenty-eighth Section of the Act of Congress ap proved the thirtieth of August one thousand eight hundred and forty-two, entitled “An Act to provide Revenue from Imports and to change and modify existing Laws imposing Duties on Imports and for other Purposes,"-prohibiting the Importation of obscene and indecent Articles, so as more effectually to accomplish the Purposes for which that Provision was enacted.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the twenty-eighth section of the act of Congress approved the thirtieth of August, one thousand Importation of eight hundred and forty-two, and entitled "An act to provide revenue obscene, &c., books prohibited. from imports, and to change and modify existing laws imposing duties on imports, and for other purposes," be amended as follows:
1842, ch. 270, § 28.
Vol. v. p. 566.
The importation of all indecent or obscene articles, prints, paintings, lithographs, engravings, images, figures, daguerreotypes, photographs, and transparencies, is hereby prohibited, and no invoice or package whatever, or any part thereof, in which any such articles are contained, shall be
admitted to entry; and all invoices and packages whereof any such articles shall compose a part, are hereby declared to be liable to be proceeded of which they are a part, to be against, seized, and forfeited by due course of law, and the said articles forfeited. shall be forthwith destroyed. APPROVED, March 2, 1857.
CHAP. XC.-An Act making Appropriations for the Current and Contingent Expenses of March 3, 1857. the Indian Department and for fulfilling Treaty Stipulations with various Indian Tribes,
for the Year ending June thirtieth eighteen hundred and fifty-eight.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and they are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian department, and fulfilling treaty stipulations with the various Indian tribes.
1850, ch. 16.
1850, ch. 82. 1852, ch. 11. 1853, ch. 104. 1854, ch. 167. 1855, ch. 204. 1856, ch. 128.
1851, ch. 14.
For the current and contingent expenses of the Indian department, viz: For the pay of superintendents of Indian affairs, and of the several Indian agents, per acts of fifth June, eighteen hundred and fifty, twentyeighth September, eighteen hundred and fifty, twenty-seventh February, eighteen hundred and fifty-one, third March, eighteen hundred and fiftytwo, third March, eighteen hundred and fifty-three, thirty-first July, eighteen hundred and fifty-four, third March, eighteen hundred and fiftyfive, and eighteenth August, eighteen hundred and fifty-six, seventy-five thousand seven hundred and fifty dollars: Provided, That at the discretion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfil treaty stipulations with individual Indians or Indian how to be made. tribes, now or hereafter to be appropriated for such objects, shall be made in person by the superintendents of Indian affairs, where superintendencies exist. to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters who shall witness the same, under such regulations as the Secretary of the Interior may direct.
For the pay of the several Indian sub-agents, per act of thirty-first July, eighteen hundred and fifty-four, ten thousand five hundred dollars. For the pay of an additional Indian agent for the Indians of New Mexico, at an annual salary of one thousand five hundred dollars, and for the pay of two agents, at an annual salary of one thousand dollars each, one for Indians in Utah and one for the Witchetas and neighboring tribes west of the Choctaws and Chickasaws, three thousand five hundred dollars. For the pay of clerk to superintendent at St. Louis, Missouri, per act of twenty-seventh June, eighteen hundred and forty-six, one thousand two hundred dollars.
For the pay of clerk to superintendent in California, per act of third
For provisions for Indians, eleven thousand eight hundred dollars.
For insurance, transportation, and necessary expenses of delivery of annuities, goods, and provisions to the Indian tribes in Minnesota, Michigan, and Wisconsin, thirty thousand dollars.
For the employment of temporary clerks by superintendent of Indian affairs, on such occasions and for such periods of time as the Secretary of VOL. XI. PUB.-22
1854, ch. 167. Vol. x. p. 315.
Additional Indian Agents.
1846, ch. 34. Vol. ix. p. 20.
1852, ch. 11. Vol. x. p. 2. 1834, ch. 162, § 9.
Vol. iv. p. 737. 1851, ch. 14, § 8.
Vol. ix. p. 587.