diction on the 6 March 1820. said river Des Moines, to the mouth of the same where it empties into the Mississippi river; thence, due east, to the middle of the main channel of the Mississippi river; thence, down and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning: Provided, The said state shall ratify Concurrent juris the boundaries aforesaid: And provided also, That the said state shall have concurrent Mississippi, &c. jurisdiction on the river Mississippi, and every other river bordering on the said state, so far as the said rivers shall form a common boundary to the said state, and any other state or states, now or hereafter to be formed and bounded by the same; such rivers to be common to both. And the river Mississippi, and the navigable rivers and waters leading into the same, shall be common highways, and for ever free, as well to the inhabitants of the said state as to other citizens of the United States, without any tax, duty, impost or toll therefor, imposed by the said state. Ibid. 4. Not to interfere 3. The legislature of said state shall never interfere with the primary disposal of the soil by the United States, nor with any regulations congress may find necessary for with the disposal securing the title in such soil to the bona fide purchasers. And no tax shall be of the public imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. lands. Taxation. Ibid. 26. Section 16 reserved for schools. Salt springs granted to the state. Five per cent. of canals. and 4. That the following propositions be and the same are hereby offered to the convention of the said territory of Missouri, when formed, for their free acceptance or rejection, which, if accepted by the convention, (a) shall be obligatory upon the United States. First. That section numbered sixteen in every township, and when such section has been sold or otherwise disposed of, (b) other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township, for the use of schools. (c) Second. That all salt springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said state for the use of said state,(d) the same to be selected by the legislature of the said state, on or before the first day of January, in the year 1825; and the same, when so selected, to be used under such terms, conditions and regulations, as the legislature of said state shall direct: Provided, That no salt spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall, by this section, be granted to the said state: And provided also, That the legislature shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of congress. Third. That five per cent. of the net proceeds of the sale of lands lying within the proceeds of lands said territory or state, and which shall be sold by congress, from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals; of which three-fifths shall be applied to those objects within the state, under the direction of the legislature thereof, and the other two-fifths in defraying, under the direction of congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said state. (e) Grant of lands for And for a semi Taxation of lands. Fourth. That four entire sections of land be and the same are hereby granted to the said state, for the purpose of fixing their seat of government thereon; which said sections shall, under the direction of the legislature of said state, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: Provided, That such locations shall be made prior to the public sale of the lands of the United States surrounding such location. Fifth. That thirty-six sections, or one entire township, which shall be designated by nary of learning the president of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of said state, to be appropriated solely to the use of such seminary by the said legislature: Provided, That the five foregoing propositions herein offered, are on the condition that the convention of the said state shall provide, by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the state, whether for state, county or township, or any other purpose whatever, for the term of five years from and after the day of sale:(g) And further, That the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the (a) They were accepted by an ordinance of the convention of 19 July 1820. Ham v. Missouri, 18 How. 126. (b) This expression "otherwise disposed of," does not include the case of an imperfect title, claimed to be derived from the Spanish governor, which had been rejected by the board of commissioners in 1811. Ham v. Missouri, 18 How. 126. (c) See act 3 March 1823, concerning the lands to be granted to the state of Missouri for the purposes of education. 3 Stat. 787. (d) By act 3 March 1831, the state was authorized to sell and convey them in fee simple. See tit. "Lands." 541. And see Delauriere v. Emison, 15 How. 525. By the act of 3 March 1829 the president was empowered to sell the reserved salt springs and lead mines in the state of Missouri. 4 Stat. 364. (e) See infra, 8. (g) By act 10 June 1852, the state was authorized to tax such lands from the day of sale. See tit. "Lands," 200. patentees or their heirs, remain exempt as aforesaid from taxation, for the term of three 6 March 1820. years from and after the date of the patents respectively. mise. 5. [In all that territory ceded by France to the United States, under the name of Ibid. & 8. Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not Missouri compro included within the limits of the state contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be and is hereby for ever prohibited :(a)] Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. 3 Stat. 645 ted into the 6. Missouri shall be admitted into this Uuion on an equal footing with the original 2 March 1821, states, in all respects whatever, upon the fundamental condition, that the fourth clause of the twenty-sixth section of the third article of the constitution submitted on the part Missouri admitof said state to congress, shall never be construed to authorize the passage of any law, Union. and that no law shall be passed in conformity thereto, by which any citizen, of either of the states in this Union, shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the constitution of the United States: Provided, That the legislature of the said state, by a solemn public act, shall Conditions. declare the assent of the said state to the said fundamental condition, and shall transmit to the president of the United States, on or before the fourth Monday in November next, an authentic copy of the said act; upon the receipt whereof, the president, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of congress, the admission of the said state into this Union shall be considered as complete. 3 Stat. C63. 7. All the laws of the United States which are not locally inapplicable, shall have the 16 March 1822 § 1 same force and effect within the said state of Missouri as elsewhere within the United States. 8 Stat. 674. proceeds of lds state. 8. The secretary of the treasury shall, from time to time, and whenever the quarterly 3 May 1822 31. accounts of public moneys of the several land offices in the said state of Missouri shall be settled, pay three per cent. of the net proceeds of the sales of the lands of the United Three per cent. of States, lying within the state of Missouri, which, since the first day of January 1821, to be paid to be have been, or hereafter may be, sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may or shall be authorized by the legislature of the said state of Missouri to receive the same; which sum or sums, thus paid, shall be applied to the making of public roads and canals within the said state of Missouri, under the direction of the legislature thereof, according to the provisions of this subject contained in the act of congress of the sixth of March 1820, entitled "An act to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states, and to prohibit slavery in certain territories," and to no other purpose. [And an annual account of the same shall be transmitted to the secretary of the treasury, by such officer or person of the state as the legislature thereof shall direct, and of its application, if any be made; and, in default of such return being made, the secretary of the treasury is hereby required to withhold the payment of any sum or sums that may then be due, or which thereafter may become due, until a return shall be made as herein required. (b)] II. CIRCUIT COURT. 9. There shall be holden a term of said circuit courts, annually, *** at St. Louis, in 3 March 1827 & 2 the district of Missouri, commencing on the first Monday of April. 5 Stat. 177. 5 Stat. 387. attend at St. ber, &c. 10. It shall be the duty of the district judge of Missouri to attend at St. Louis, on 3 March 1839 § 1 the first Monday of October annually; who shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings District judge to returned to the circuit court, or depending therein, preparatory to the hearing, trial or Louis, on first decision of such action, suit, appeal, writ of error, process, pleadings or proceedings. Monday of OctoAnd all writs and process may be returnable to the said courts on the first Monday of October, in the same manner as to the sessions of the circuit courts directed to be held by the said act of 3d March 1837; and the said writs returnable to the circuit courts may also bear teste on the said first Monday of October, as though a session of said court Return day in was holden on that day. (a) This clause, commonly known as the Missouri compromise, was repealed by act 30 May 1854. See tit. "Kansas," 21. It seems, however, that this provision was null and void, ab incepto, because incompatible with the organic fact of equality of internal right, in all respects, between the old and new states. For an act of congress, which pretends of right, and without consent or compact, to impose on the municipal power of any new state or states, fimitations and restrictions not imposed on all, is contrary to October. the fundamental condition of the confederation, according to which there is to be equality of right between the old and new states "in all respects whatever." 7 Opin. 571-6. Pollard v. Hagan, 3 How. 212. Permoli v. New Orleans, Ibid. 589. Strader v. Graham, 10 Ibid. 82. Veazie v. Moor, 14 Ibid. 568. Dred Scott v. Sandford. 19 How. 395. (b) The clause within brackets was repealed by act 19 January 1831. 4 Stat. 432. 21 Feb. 1855 1. 10 Stat. 611. Fall term to be held by district Judge. Ibid. 2. Aljourned terms. Ibid. 3. 11. It shall be the duty of the district judge of the United States for the district of Missouri, to hold, at the city of St. Louis, on the first Monday in October, in every year, a term of the circuit court of the United States for said district; at which term any business may be transacted which might be transacted at the April term of said court. 12. The United States circuit court for said district shall have power, at any time, to order an adjourned term of said court to be held at any other time, at which adjourned term any business may be transacted which could be transacted at any regular term. A copy of said order shall be posted on the door of the court room, and advertised in some newspaper printed in the city of St. Louis, twenty days, at least, before said adjourned term shall be holden. 13. The district judge for said district may order a special term or terms of said circuit Special sessions court, to be holden at St. Louis, on any day mentioned in said order, (at which special term any business may be transacted which might be transacted at any regular term of said court) and shall cause the copy of said order to be posted up and published as aforesaid; he may also rescind any such order, made either in term time or vacation, or fix a different day for said term or terms, giving notice thereof as aforesaid. 3 March 1857 10. 11 Stat. 198. powers. 14. The circuit court of the United States in and for the present district of Missouri, shall be begun and held at the same times and place as heretofore; it shall in all things Jurisdiction and retain jurisdiction of all matters now pending therein, and have and exercise the same original jurisdiction in said state as is vested in the several circuit courts of the United States, as organized under existing laws; and shall also have and exercise the same appellate jurisdiction over the district courts of the United States for said eastern and western districts of Missouri, as by existing laws is vested in the several circuit courts of the United States over the district courts of the United States, in their respective How composed. circuits. Said circuit court shall be called the circuit court in and for the districts of Missouri, and shall be composed of the justice of the supreme court assigned to said circuit and the two judges of the eastern and western districts of Missouri; but may be held by any one or more of said three judges in the absence of the remainder. Said justice of the supreme court, or in his absence, the oldest in commission of said two district judges, shall be the presiding judge of said circuit court; and in case of any division of opinion among the judges of said circuit court, the opinion of the presiding judge shall prevail and be the judgment of the said circuit court; but on any appeal to said circuit court from one of the said district courts, the judge of the district court from which such appeal was taken shall not sit in said circuit court on the trial or decision of the case so carried by appeal to said circuit court. The clerk of the circuit court for the present district of Missouri, shall be and remain the clerk of the circuit court as modified by this act. The district attorney and marshal for said eastern district of Missouri shall act as such district attorney and marshal in said circuit court; but the process of said circuit court may be directed to the marshal of either of said eastern and western districts of Missouri, and shall be executed only by the marshal to whom it is directed, or by his duly appointed deputy, in his district. Opinion of presiding judge to prevail. Officers. 16 March 182282 3 Stat. 653. District court established. Clerk. 11 Stat. 197. III. DISTRICT COURT. 15. The said state of Missouri shall be one district, and be called the Missouri district; and a district court shall be held therein, to consist of one judge, who shall reside in the said district and be called a district judge; he shall hold at the seat of govern ment of the said state, [three sessions annually, the first to commence on the first Monday in June next, and the other two sessions progressively on the like Monday in every fourth calendar month afterwards; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled "An act to establish the judicial courts of the United States," and an act entitled "An act in addition to the act entitled, 'An act to establish the judicial courts of the United States,"" approved the 2d day of March 1793, and the acts supplementary thereto.] The said judge shall appoint a clerk for the said district, (a) who shall reside and keep the records of the court at the place of holding the same, and shall receive for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services: (b) Provided, That until the government shall be removed to the permanent seat fixed, or to be fixed by the said state, the said court shall be held at the town of St. Louis. 8 March 1857 1. 16. The state of Missouri is hereby divided into two judicial districts, in the following manner, to wit: the counties of Schuyler, Adair, Knox, Shelby, Monroe, Audrain, State divided into Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon and Oregon, as the same were bounded on the first day of January 1857, with all that part of the state lying east of the above-mentioned counties, shall compose one district, to be called the eastern two districts. (a) The subsequent sections of this act provide for the appointment of a district attorney and marshal. district of Missouri; and a court shall be held for the said district at the city of St. 3 March 1857 Louis, in said state. All the remaining part of said state shall compose another district, where district to be called the western district of Missouri; and a court shall be held for the same in courts to be helL the city of Jefferson, in said state. 17. There shall be two terms of the district court begun and held in and for said Ibid. 2 2. western district, at the city of Jefferson, on the first Mondays of March and September Terms of the disof each year; and there shall be three terms of the district court begun and held in and trict courts. for said eastern district at the city of St. Louis, on the third Mondays of February, May and November of each year. And the said courts are hereby authorized to hold adjourned terms when the business before the court shall, in the opinion of the court, require it. 18. All saits and other proceedings of whatever name or nature now pending in the Ibid. 23. district court of the United States for the present district of Missouri, shall be tried and Trial of pending disposed of in the district court for said western district, in the same manner as the causes. same would have been in case said state had not been divided into two districts; and for that purpose the jurisdiction is reserved to said district court in the said western district. And all process and other proceedings taken, or issued, or made returnable to the district court for the present district of Missouri, shall be returnable at the next term of said district court in and for said western district of Missouri. Ibid. 4. 19. Upon the application of any party to any suit now pending in the district court for the present district of Missouri, and which would have been commenced in the said When pending eastern district if this act had been in force before the commencement of said suit, the causes to be transferred. district court for said western district may, and if all parties consent, shall order that the same be removed for further proceedings to the district court for the said eastern district; and thereupon the clerk of the district court for said western district shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the district court of said eastern district, and all further proceedings shall be had in said court as if the suit had been originally commenced therein. Ibid. 25. 20. The present judge of the district of Missouri, be and he is hereby assigned to hold said district court in and for the western district of Missouri, and shall exercise the Judge of the same jurisdiction and perform the same duties within said western district as he now western district. exercises and performs within his present district. Ibid. 26. Final process in 21. Final process upon any judgment or decree entered in the district court of the United States for the district of Missouri, and all other process for the enforcement of any order of said court, in any cause now pending therein, except causes removed as pending causes. herein before provided, shall be issued from and made returnable to the district court for said western district of Missouri, and may run and be executed by the marshal of said western district, in any part of said state. Ibid. 37. 22. The office of district judge of said eastern district of Missouri be and the same is hereby created; and a fit person shall be appointed such district judge, who shall exer- Judge of the cise the same jurisdiction and perform the same duties, within said eastern district, as the eastern district. district judge of the present district of Missouri now exercises and performs within his present district. And the district judge of said eastern district shall be entitled to an Salaries. annual salary of three thousand dollars, and the judge of the western district the salary now provided by law. Ibid. 28. 23. The present district attorney for the district of Missouri shall be the district attorney for the said eastern district; the present marshal for the district of Missouri Present officers shall be marshal for said eastern district; and the present clerk of the district court for continued. the district of Missouri shall be clerk of the district court for said western district. 24. There be appointed a district attorney and a marshal for said western district; and a clerk of the district court for said eastern district shall be appointed by the judge officers for new thereof. IV. COLLECTION DISTRICTS. Ibid. 9. district. 11 Stat. 2. district. 25. The city of Hannibal, in the state of Missouri, shall be and is hereby constituted 5 April 1856 8 1. a port of delivery, annexed to and made a part of the collection district of New Orleans; and shall be subject to the same regulations and restrictions as other ports of delivery Hannibal. a port of delivery. in the United States. And all the privileges and facilities afforded by the act of congress of the 24 March 1831, (a) entitled "An act allowing the duties on foreign merchandise In New Orleans imported into Pittsburgh, Wheeling, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places," shall be and are hereby extended to said port. A surveyor of the customs shall be appointed to reside at said port and per- Surveyor. form the duties prescribed by law, and shall receive in full compensation for his services a salary of one thousand dollars per annum. V. LAND OFFICES. 26. For the disposal of the lands of the United States lying in the territory of Loui- 3 March 1811 8 9. siana, a land office shall be established, which shall be kept at such place as the president (a) See tit. "Louisiana," 26 2 Stat. 665. 3 March 1811 District of St. 17 Feb. 1818 8 Stat. 406. ard county. Girardeau. of the United States may direct; and a register and receiver of public moneys shall be appointed for said office, who shall give security in the same manner, in the same sums, and whose compensations, emoluments, duties and authority shall in every respect be the same, in relation to the lands which shall be disposed of at their office, as are or may be provided for by law in relation to the register and receiver of public moneys in the several offices established for the disposal of the lands of the United States, north-west of the river Ohio and above the mouth of Kentucky river. 27. For the disposal of the lands of the United States west of the Mississippi river, and in the territory of Missouri, in addition to the land office now established by law, Distict of How there shall be established within the said territory the following offices, to wit: one at the seat of justice in the county of Howard, for all the lands lying within the following boundaries; beginning at a point where the western line of range ten, west from the fifth principal meridian, intersects the north line of township thirty-four; thence, west with said township line, to where the same intersects the Osage boundary line; thence, north with the Osage boundary line, to the Missouri river; thence, up and with the Missouri river, to the western Indian boundary line at the mouth of Kansas river; thence, north with the said western Indian boundary line, to where the same shall intersect the northern Indian boundary line; thence, east with the said northern Indian boundary, to where the same shall intersect the aforesaid west line of range ten; thence, District of Cape south with the said range line, to the place of beginning. *** And a land office shall be established at the town of Jackson, in the county of Cape Girardeau, for all the lands in the district bounded as follows: beginning on the Mississippi river, where the north line of township fifteen north intersects the same; thence, up and with the Mississippi, to its intersection by the north line of township thirty-four north; thence, west with the said north line of township thirty-four, to the Osage boundary line; thence, south with the said boundary, to the north line of township fifteen; thence, east with the said township line, to the place of beginning. And all the lands within the following boundaries Boundaries of St. shall form a district for the land office established by law at St. Louis, in the county of St. Louis, viz.: beginning on the Mississippi river, where the north line of township thirty-four north intersects the same; thence, up and with the Mississippi river, to the mouth of Des Moines river; thence, up and with the Des Moines, to the north Indian boundary line; thence, west with the said boundary, to the west line of range ten west; thence, south with said range line, to the north line of township thirty-four north; thence, east with the said township line, to the place of beginning. Louis district. 3 March 18231. 3 Stat. 785. 28. So much of the public lands of the United States as lies west of the range line dividing the twenty-third and twenty-fourth tiers of townships west of the fifth princiWestern district. pal meridian, in the present Howard land district, in the state of Missouri, shall form a land district for the disposal of the said lands, to be called the Western district; and a land office shall be established at Lexington, in the county of Lillard, for the disposal thereof. 26 May 1824 4 Stat. 50. river. 1. 29. So much of the public lands of the United States included in the present district of St. Louis, in the state of Missouri, as lies within the following boundaries, to wit: District of Salt beginning on the Mississippi river, between townships numbered forty-eight and fortynine; thence west to the range line between ranges ten and eleven; thence north to the township line between townships numbered fifty-two and fifty-three; thence west to the range line between ranges thirteen and fourteen; thence north to the northern boundary line of the state of Missouri; thence east with the state line to the river Des Moines; thence, with the river Des Moines and the state line to the Mississippi river; thence, with and down the Mississippi river to the place of beginning, so as to include all the islands within the limits of the state of Missouri; shall be formed into a new land district, to be called "The district of Salt river." And for the sale of the public lands within the district hereby constituted, there shall be a land office established at such place within the said district, as the president of the United States may designate. (a) 4 May 1826 1. 22 May 1832 1. 4 Stat. 517. 26 June 1834 85. 4 Stat. 687. South-western district. 30. That the western boundary of the land district of Cape Girardeau and of the Western district, in the state of Missouri, be and the same is hereby extended to the western boundary of the state of Missouri. 31. The land office at Franklin, in the county of Howard, state of Missouri, shall be removed to and located in the town of Fayette in said county. 32. So much of the public lands of the United States, in the state of Missouri, as lies west of the range line between ranges ten and eleven west of the fifth principal meridian, and south of the line dividing townships numbers forty and forty-one north of the base line, shall form a new land district, to be called the South-western land district. And for the sale of the public lands within the district aforesaid, there shall be a land office (a) See act 5 April 1856, to continue temporarily the land office at Palmyra, in this district. 11 Stat. 2. |