statements taken by the inspectors shall report the same to congress, together with the 30 Angust 1852. recommendation of such further provisions as he may deem proper to be made for the And report to better security of the lives of persons on board steam vessels. congress. 1 Stat. 73. associates. 1. [The supreme court of the United States shall consist of a chief justice and five 24 Sept. 1789 2 1. associate justices, any four of whom shall be a quorum, and shall hold annually, at the seat of government, two sessions; the one commencing the first Monday of February, and Chief justice and the other the first Monday of August.](a) The associate justices shall have precedence Precedence. according to the date of their commissions; or, when the commissions of two or more of them bear date on the same day, according to their respective ages. 2 Stat. 156. absence of a quorum. 2. The supreme court of the United States shall be holden by the justices thereof, or 29 April 1802 ? 1. any four of them, at the city of Washington, and shall have one session in each and every year, [to commence on the first Monday of February annually ;] (b) and, if four To hold one ses sion annually at of the said justices shall not attend within ten days after the time hereby appointed Washington. for the commencement of the said session, the business of the said court shall be con- Adjournment, in tinued over till the next stated session thereof. (c) Provided always, That any one or more of the said justices attending as aforesaid, shall have power to make all necessary orders touching any suit, action, writ of error, process, pleadings or proceedings, returned Judges attendir g to the said court or depending therein, preparatory to the hearing, trial or decision of may make pre paratory orders, such action, suit, appeal, writ of error, process, pleadings or proceedings. And so much &c. of the act entitled "An act to establish the judicial courts of the United States," passed August session the 24th day of September 1789, as provides for the holding a session of the supreme court of the United States on the first Monday of August, annually, is hereby repealed. 3. The supreme court of the United States shall hereafter consist of a chief justice, 3 March 1837 21 and eight associate judges, any five of whom shall constitute a quorum; and for this purpose there shall be appointed two additional justices of said court, with the like To consist of uino powers, and to take the same oaths, perform the same duties, and be entitled to the same salary, as the other associate judges. abolished. 5 Stat. 176. judges. 5 Stat. 676. first Monday of 4. The sessions of the supreme court, heretofore commenced and held on the second 17 June 1844 8 1. Monday of January, annually, (d) shall instead thereof be commenced and held the first Monday of December, annually; and all actions, suits, appeals, recognisances, processes, To be held on the writs, and proceedings whatever, pending, or which may be pending in said court, or December. returnable thereto, shall have day therein, and he heard, tried, proceeded with and decided, in like manner as if the time of holding said sessions had not been hereby altered. II. JURISDICTION OF THE SUPREME COURT. 1 Stat. 80. diction. 5. The supreme court shall have exclusive jurisdiction of all controversies of a civil 24 Sept. 1789 2 13. nature where a state is a party, (e) except between a state and its citizens; and except, also, between a state and citizens of other states, or aliens, in which latter case it shall Exclusive jurishave original, but not exclusive, jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; (g) and original, but not exclusive, jurisdiction of all suits brought Original, but not by ambassadors, or other public ministers, or in which a consul or vice consul shall be a (d) By act 4 May 1826. 4 Stat. 160. (e) By the eleventh article of the amendments to the constitution the judicial power of the United States to any suit against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state. The circuit courts have no jurisdiction of a cause in which a state is a party. Gale v. Babcock, W. C. C. 199. s. c., Ibid. 344. This clause only applies to those states that are members of the Union, and public bodies, owing obedience and conformity to its constitution and laws. Scott v. Jones, 5 How. 377. And a state is within its operation exclusive. only when it is a party to the record, as a plaintiff or defendant, in its political capacity. Osborn v. United States Bank, 9 Wh. 738. It includes a suit brought by one state against another to determine a question of disputed boundary. Rhode Island v. Massachusetts, 12 Pet. 657. For the mode of proceeding against a state, see New Jersey v New York, 5 Pet. 284. Rhode Island v. Massachusetts, 12 Ibid. 657. Missouri v. Iowa, 7 How. 660. (9) In those cases in which the constitution confers original jurisdiction on the supreme court, founded on the character of the parties, the judicial power of the United States cannot he exercised in its appellant form. Osborn v. United States Bank, 9 Wh. 820. 24 Sept. 1789. Trials by jury. Appellant jurisdiction. Prohibition. Mandamus. 21 Jan. 1829 1. 4 Stat. 332. tend, may be ad party. (a) And the trial of issues in fact in the supreme court, in all actions at law against citizens of the United States, shall be by jury. The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for.(b) And shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction; (c) and writs of mandamus, in cases warranted by the principles and usages of law, to any courts (d) appointed, [or persons holding office,] (e) under the authority of the United States. III. MISCELLANEOUS PROVISIONS. 6. If, at any session of the supreme court, four justices thereof shall not attend on the day appointed for holding said session, such justice or justices as may attend shall have If no quorum at authority to adjourn said court from day to day, for twenty days after the time appointed journed from day for the commencement of said session, unless four justices shall sooner attend; and the business of said court shall not, in such case, be continued over to the next stated session thereof, until the expiration of said twenty days, instead of the ten days now limited by law. to day. Ibid. ? 2. And after quorum has convened. 7. If it shall so happen, during any term of the said supreme court, after four of the judges shall have assembled, that, on any day, less than the number of four shall assemble, the judge or judges so assembling shall have authority to adjourn said court from day to day until a quorum shall attend, and, when expedient and proper, may adjourn the same without day. Telegraphs. 1. Right of way granted for Pacific telegraph. 17 Feb. 1855 1. 10 Stat. 610. Right of way 2. Injuries thereto to be punished as maiicious trespasses. 1. Hiram O. Alden and James Eddy, their associates and assigns, are hereby authorized and empowered to construct, at their own expense, a line of telegraph, from such granted for Paci- point on the Mississippi or Missouri river as they may hereafter select, through the public fic telegraph. malicious tres passes. lands belonging to the United States, (over which lands the right of way two hundred feet in width, for that purpose, is hereby granted) to San Francisco, in California, in as direct a line as practicable. Ibid. 22. 2. All voluntary or intentional injuries to said line of telegraph, or to any property Injuries thereto thereto belonging, within the territories of the United States, shall be deemed and are to be punished as hereby declared to be wilful and malicious trespasses, and shall be punished as such; and all laws of the United States now in force in any territory thereof, or which may hereafter be enacted for the better security and protection of property, and applicable to such offences, shall be and are hereby extended, for the protection of said line of telegraph, into and over all the territory belonging to, and under the jurisdiction of, the United States, through which the same may be constructed; and all legal process and proceedings for the detection and punishment of the aforesaid offences shall be within the jurisdiction of the courts, and shall be issued and executed by the proper law officers in the states or organized territories. (a) Congress has no power to confer original jurisdiction on the supreme court in other cases than those enumerated in the constitution. Marbury v. Madison, 1 Cr. 137. In the matter of Metzger, 5 Ilow, 176, 191-2. In re Kaine, 14 Ibid. 119. (b) The appellant powers of the supreme court are given by the constitution; but they are limited and regulated by the acts of congress. Durousseau v. United States, 6 Cr. 314. Barry v. Mercein, 5 How, 119. And must be exercised in the mode therein prescribed. United States v. Curry, 6 Ibid. 113. Forsyth v. United States, 9 Ibid. 571. (e) For form of such writ of prohibition, see United States v. Peters, 3 Dall. 129. (d) Where a ministerial act is to be done, and there is no other specific remedy, a mandamus will be granted to do the act required; as to sign a bill of exceptions. Ex parte Crane, 5 Pet. 190. It may Or to enter up judgment. Life and Fire Insurance Co. of New 5. Appointment of clerks. Continuances. 6. Duplicate writs to issue where defendants live in different districts. Service. 7. Writs of execution to issue to either district. 8. Boundaries of castern district. 9. Terms of the courts. III. DISTRICT COURTS. 22. Western district in eighth circuit. Duties of ircuit judge. 23. Appeals. 24. When circuit judge nay hold district courts. IV. LANDS 25. Limits of vacant lands defined. Division line. 26. Lands south and west of the line to be relinquished to th United States. Lands north and east of the line ceded to Tennes State may issue grants, &c. Conditions. see. 27. Titles under act of cession to be perfected. 28. State to appropriate lands for schools. Pre-emption rights secured. North Carolina warrants not to be located on Cherokee lands. 29. Provision for grant of other lands to make good deficiencies. 30. Tennessee may issue grants to perfect North Carolina titles, south and west of the division line. 31. Evidence to be laid before commissioner of land claims and 10. State divided into districts. East Tennessee. West Ten- by him approved. Land to be surveyed. 32. Holders of grants from North Carolina since 1811, may surrender, and obtain new grants from Tennessee. 33. Tennessee constituted the agent of the government. 34. To satisfy North Carolina claims. 33. Pre-emptioners and occupants to have preference. 36. How residue to be disposed of. V. COLLECTION DISTRICTS. 37. Memphis a port of delivery. Annexed to the district of New Orleans. 38. Knoxville. 39. Chattanooga. I. ADMISSION INTO THE UNION. 1 Stat. 491. the Union. 1. Whereas, by the acceptance of the deed of cession of the state of North Carolina, (a) 1 June 1796 § 1. congress are bound to lay out into one or more states, the territory thereby ceded to the United States: Be it enacted, That the whole of the territory ceded to the United States Admitted into by the state of North Carolina shall be one state, and the same is hereby declared to be one of the United States of America, on an equal footing with the original states, in all respects whatever, by the name and title of the state of Tennessee. 1 Stat. 496. 2. All the laws of the United States which are not locally inapplicable, ought to have, 31 Jan. 1797 1 and shall have the same force and effect within the state of Tennessee as elsewhere within the United States. II. CIRCUIT court. Laws of U. S. e tended. 2 Stat. 477. two districts. 3. That so much of the second section of the act entitled "An act establishing circuit 22 March 1808 31 courts and abridging the jurisdiction of the district courts of the districts of Kentucky, Tennessee and Ohio," passed the 24th day of February 1807, constituting the state of State divided inte Tennessee one district, for the purpose of holding circuit courts therein, shall be and is hereby repealed. And from and after the passage of this act, the state of Tennessee shall be divided into two districts, for the purpose of holding circuit courts therein, and the limits of the said districts shall be the same as those now prescribed for the districts of East Tennessee. East and West Tennessee in and by the fourth section of the above recited act. (b) And West Tennessee. there shall be holden annually in each of the said two districts, one circuit court, to consist of one justice of the supreme court of the United States, and the district judge of the said districts of East and West Tennessee; and the sessions of the said courts shall Where corts to be held. be held in each of the said districts, [at Nashville, on the second Monday in June, and at Knoxville, on the third Monday in October annually.](c) days. Ibid. 3 3. 4. It shall be the duty of the district judge of Tennessee to attend at Knoxville on the first Thursday after the third Monday in April next, and on the first Thursday after District judge to the third Monday in April of each and every year thereafter, and at Nashville, on the attend on rule first Thursday after the fourth Monday in November next, and on the first Thursday after the fourth Monday in November of each and every year thereafter, who shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings returned to the circuit court next to be holden thereafter at Knoxville and Nashville, or depending therein preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings. And all writs and process may be returnable to the said courts on the first Thursday Return days. after the third Monday in April, at Knoxville, and on the first Thursday after the fourth Monday in November, at Nashville, in the same manner as to the sessions of the circuit court directed to be held by this act in the district of East Tennessee, at Knoxville, and in the district of West Tennessee, at Nashville. And the said writs, returnable to the Teste of writs circuit courts to be held at Knoxville, may also bear teste on the said first Thursday after the third Monday in April; and the writs returnable to the circuit court to be held at (a) By act 2 April 1790. 1 Stat. 106. (b) See infra, 10. See infra, 19, as to the middle district. (c) See infra, 9. 22 March 1808. Nashville may bear teste on the first Thursday after the fourth Monday in November, as though a session of the said circuit court was holden on those days at Knoxville and Nashville respectively. Ibid. 4. Appointment of clerks Continuances. 30 March 182221. 3 Stat. 661. issue where de different districts. 5. There shall be two clerks appointed, (a) one for the circuit court to be held at Knoxville, and one for the circuit court to be held at Nashville, whose duty it shall be to attend the said district judge on the said first Thursday after the third Monday in April, and on the said first Thursday after the fourth Monday in November of each and every year, at the places aforesaid, who shall make due entry of all such matters and things as shall or may be ordered by the said judge. And at each and every of the said sessions so held for the purpose aforesaid, all actions, pleas and other proceedings relative to any cause, civil or criminal, shall, for the circuit court to be held at Nashville, be continued over to the ensuing second Monday in June, and shall, for the circuit court to be held at Knoxville, be continued over to the ensuing third Monday in October. 6. In each and every case where a citizen of any one of the United States shall wish to commence a suit in the circuit court of the United States, for either the district of East Duplicate writs to or of West Tennessee, against two or more citizens of the state of Tennessee, some of fendants live in whom reside in East and some in West Tennessee, it shall and may be lawful for such citizen to cause the clerk of the circuit court in which he may elect to commence his suit, to issue duplicate writs; one directed to the marshal of East, and the other to the marshal of West Tennessee; which writs it shall be the duty of the respective marshals to execute and return, and when returned they shall be docketed and proceeded in to judgment as one case only. Service. Ibid. 2. Writs of execution may issue to either district. 5 March 1856 11 Stat. 1. Boundaries of eastern district. 3 July 1856 11 Stat. 23. Terms of the courts. 1. 24 Feb. 1807 4. 2 Stat 421. State divided into districts. East Tennessee. 7. In each and every case where a judgment has been recovered, or may be hereafter recovered, in either of said circuit courts, it shall and may be lawful for the plaintiff in any such action, to cause his writ of fieri facias, alias fieri facias, or other process of execution, to be directed and delivered to the marshal of either East or West Tennessee, at his election. And it shall be the duty of such marshal to whom the same may be directed, to do execution thereof, in the same manner, and under the same penalties, that he would be if the judgment had been rendered in the court of the district of which he is marshal. 1. 8. That the jurisdiction of the district and circuit courts of the United States for the eastern district of Tennessee be and the same is hereby declared to extend to and include the following counties of said state, to wit: Anderson, Bledsoe, Blount, Bradley, Campbell, Carter, Claiborne, Cocke, Grainger, Greene, Hawkins, Hamilton, Hancock, Jefferson, Johnson, Knox, McMinn, Meigs, Marion, Monroe, Morgan, Polk, Rhea, Roane, Sevier, Scott, Sullivan, Washington, Union and Cumberland, and any new county which may hereafter be formed out of the territory of one or more of said counties shall be included in said jurisdiction. 9. Instead of the times now fixed by law, the circuit and district courts of the United States for the several districts in Tennessee shall hereafter be held at the following times, to wit: at Jackson on the first Mondays in April and October; at Nashville on the third Mondays in April and October; and at Knoxville on the third Mondays in May and fourth Mondays in November; and all writs, processes, recognisances and other proceedings, shall be returnable to the said times, and shall be heard and tried accordingly. But this act shall not take effect until the next terms of said courts after the passage of this act in the said divisions shall be held. III. DISTRICT COURTS. 10. The state of Tennessee shall be divided into two districts, for the purpose of holding district courts in the same, one to consist of that part thereof, which by the laws of the said state, now forms the districts of Washington and Hamilton, which shall be called the district of East Tennessee; (b) and one other to consist of all that part of the state of Tennessee, which by the laws of the said state now forms the districts of WinWest Tennessee. chester, Mero and Robertson, which shall be called the district of West Tennessee; (c) and all the authority, powers and jurisdiction, vested in the several district courts of the United States, and the judges thereof, in those districts in which circuit courts are now held, shall be retained, and may be exercised by the several district courts of Kentucky, East and West Tennessee and Ohio, and the several judges thereof. 18 June 1838 1. 5 Stat. 249. 11. That a district court of the United States be and the same is hereby established in the western district of the state of Tennessee, for the counties of Benton, Carroll, Western district. Henry, Obion, Dyer, Gibson, Lauderdale, Haywood, Tipton, Shelby, Fayette, Hardeman, McNairy, Hardin and Perry ;(d) [and that the said court be holden annually on the (a) The act 29 April 1802, provided for the appointment of clerks of the district courts, marshals and district attorneys, for the districts of East and West Tennessee. 2 Stat. 165. (b) For boundaries of the eastern district, see supra, 8. (e) This is now the middle district, a new western district having been formed by act of 1838; infra, 11. (d) See infra, 19. third Monday in September ;](a) at the town of Jackson, in the county of Madison, in 18 June 1838. said state. 12. The said district court shall be invested with, and exercise, all and every species of jurisdiction now exercised by the district courts of East and West Tennessee. 13. The said court shall be holden by the judge of the said district courts of East and West Tennessee. Ibid. 2. Jurisdiction. Ibid. 23. Ibid. & 4. Circuit court 14. That in addition to the jurisdiction hereby invested in said court, it be invested with the exercise of concurrent jurisdiction in all civil cases now exercised by the circuit courts of the United States; and that in all cases where said court shall exercise such powers. jurisdiction, appeals may be taken from the judgments, orders or decrees of said court Appeals. to the supreme court of the United States, in the same manner, and upon the same conditions, as appeals may be taken from the circuit courts. Ibid. 5 15. That at the first term of said court, the judge thereof shall appoint a clerk, in manner, and upon such conditions, as like officers are required by law to be appointed Clerk. for the said district courts of East and West Tennessee; and that the said clerk perform such duties in regard to the proceedings, orders, judgments and decrees of said court, as are required by law to be performed by the same officers in the said district courts of East and West Tennessee.(b) 16. All laws now in force regulating the emanation, execution and return of the process of said district courts of East and West Tennessee shall, in all things, regulate the emanation, execution and return of process in the said district court. 17. If from any cause the judge of said court shall fail to attend and open said court on the first day thereof, then, and in that case, the said court shall stand adjourned from day to day, until four o'clock of the third; and in case he shall fail to attend and open said court by that time, the said court shall stand adjourned until the first day of the next term. Ibid. 6. Process. Ibid. 7. Adjournments Ibid. 28. 18. In case the judge of said court, from any cause, shall fail to hold a regular term of said court, it shall be his duty, if in his opinion the business in said court shall Special term require, to hold an intermediate term of said court, at such time as he shall, by his order, under his hand and seal, direct, addressed to the clerk and marshal of said court, at least thirty days previous to the commencement of said term, and to be published in the several newspapers published in the bounds of said district the same length of time. 5 Stat. 313. 19. To the counties specified in the first section of the act to which this is an amend- 18 Jan. 1830 1 ment, the counties of Madison, Henderson and Weakly are hereby added to compose the district of West Tennessee; and the residue of the counties of the said state of Ten- Middle district nessee, formerly composing the district of West Tennessee, shall compose one district to be called the middle district of Tennessee. Ibid. 2. ern district. 20. The court to be held at Jackson, in addition to the ordinary jurisdiction and power of a district court, shall, within the limits of its district, have jurisdiction of all causes, Circuit court except appeals and writs of error, which now are, or hereafter may by law be, made cog- powers in westnisable in a circuit court, and shall proceed therein in the same manner as a circuit court. 21. The rules of the circuit courts of the United States in West Tennessee, heretofore Ibid. 26. adopted, shall be in full force and effect in the court established by this act, and the act Rules established to which this is an amendment, until the same are altered by law or by the judges of to apply to midsaid court. dle district. 5 Stat. 471. in eighth circuit. 22. The district court of the United states at Jackson, in the district of West Tennessee, 14 April 1812 8 1. shall in future be attached to, and form a part of the eighth judicial circuit of the United States, with all the powers and jurisdiction of the circuit court held at Nashville, in the Western district middle district of Tennessee. And it shall be the duty of the associate justice of the supreme court of the United States assigned to hold the court for the eighth circuit, to Duties of circuit judge. attend the fall term of said court at Jackson, and hold the same; and when he does so, then he may dispense with his attendance at the fall term of the court at Knoxville, in the district of East Tennessee; or when said judge holds the fall term at Knoxville, then he may dispense with holding the corresponding fall term at Jackson. And said circuit judge may elect which court he will hold, at discretion, in the exercise of which he shall be governed by the nature and importance of the business: Provided, Said circuit judge may attend at Knoxville and Jackson at any of their fall terms: And provided also, That in the absence of said circuit judge at any term of either of said courts, the district judge shall hold the same, and may exercise all the powers and jurisdiction conferred on the circuit court when held by the circuit judge. 23. Appeals shall lie from the district court at Jackson, to the circuit court, in the same manner that they lie from the district to the circuit court at Nashville. (a) For the terms of the several district courts, see supra, 9. (b) The act 29 April 1802 provided for the appointment of clerks, district attorneys and marshals for the castern and western Ibid. 2. Appeals. districts. 2 Stat. 165. And the subsequent sections of this act provide for the appointment of a marshal and district attorney for the district hereby created. |