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And the clerk may, under the foregoing rule, return a certiorari, issued after the return of the writ of error, on suggestion of diminution.-Fennemore v. U. States, 3 Dall. 360. But if there be another record on which the judgment brought up by the writ of error is dependent, a certiorari in diminution will not serve to remove such record; but the court will direct a special certiorari to be framed.-Barton v. Pettit, 7 Cr. 288.

It is not necessary that the transcript of the record should contain the names of the jurors.-Owens v. Hannay, 9 Cr. 180.

All causes, the records of which shall be delivered to the clerk on or before the sixth day of the term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, either party will be entitled to a continuance.-Rule sup. ct. 1806.

If a transcript be not filed within the first six days of a term, agreeably to the foregoing rule, yet if it be filed during the term, before a motion is made to dismiss the writ of error, it is good.-Bingham v. Morris, 7 Cr. 99.

In cases not put to issue at the August term, it shall be the duty of the plaintiff in error, if errors shall not have been assigned in the court below, to assign them in this court, at the commencement of the term, or so soon thereafter as the record shall be filed with the clerk, and the cause placed on the docket; and if he shall fail to do so, and shall also fail to assign them when the cause shall be called for trial, the writ of error may be dismissed at his cost, and if the defendant shall refuse to plead to issue, and the cause shall be called for trial, the court may proceed to hear an argument on the part of the plaintiff, and to give judgment according to the right of the cause.-Rule of court, 1806, Wheat. Dig.

In practice, a specific assignment of errors has never been insisted on as a preliminary to the argument or decision of the cause.—Hazlehurst v. U. S. 4 Dall. 6. See Sergt. 79, 80.

In all cases where a writ of error, or an appeal, shall be brought to this court, from any judgment or decree rendered thirty days before the term to which such writ of error or appeal shall be returnable, it shall be the duty of the plaintiff in error, or appellant, as the case may be, to docket the cause, and file the record thereof with the clerk of this court, within the first six days of the term ; on failure to do which, the defendant in error, or appellee, as the case may be, may docket the cause, and file a copy of the record with the clerk, and thereupon the cause shall stand for trial in like manner as if the record had been duly filed within the first six days of the term; or at his option, he may have the cause docketed and dismissed, upon producing a certificate from the clerk of the court wherein the judgment or decree was rendered, stating the cause, and certifying that such writ of error or appeal had been duly sued out and allowed.--Rule of court, Feb. term, 1821.

No cause will be heard until a complete record shall be filed containing in itself without references aliunde, all the papers, exhibits, depositions, and other proceedings, which are necessary to the hearing in the supreme court.-Rule sup. court, Feb. 1823.

In every cause when the defendant in error fails to appear, the plaintiff may proceed ex parte.-Ibid. Aug. term, 1801.

Where the writ of error issues within thirty days before the meeting of the court, the defendant is at liberty to enter his appearance and proceed to trial; otherwise the cause must be continued.-Ibid. Feb. term, 1803.

No cause standing for argument will be heard by the supreme court, until the parties shall have furnished the court with a printed brief or abstract of the cause, containing the substance of all the material pleadings, facts and documents on which the parties rely, and the points of law and fact intended to be presented at the argument.-Ibid. Feb. term, 1821.

If the counsel employed die shortly before the term, and the cause be of magni. tude, the court will grant a continuance.—Hunter v. Fairfax, less. 3 Dall. 306.

A cause may be re-heard during the term at which it is decided, but not after, especially, if it have been remitted to the court below to carry into effect the decree of the supreme court, according to its mandate.—Hudson v. Smith, 7 Cr. 1. Browder v. The Arthur, 7 Wheat, 58.

The supreme court may, in an admiralty case, on a writ of error, affirm the decree of the court below, in part, and reverse it in part, and may award the costs in the court below, to be paid or not, at its discretion.- Penhallow v. Doane, 3 Dall. 54.

When the supreme court reverses a judgment, because the court below had not jurisdiction, it does not award a venire facias de novo.—Bingham v. Cabot, 3 Dall. 19.

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655. New states may be admitted by the congress into the union, but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of stales, without the consent of the legislatures of the states concerned as well as the congress (1)

Under this article of the constitution,

656. The state of Kentucky, by act 4th Feb. 1791, was admitted into the union on the first day of June, 1792.

657. Vermont was admitted by act 18th Feb. 1791, and effect given to the laws of the United States therein by act 2d March, 1791.

658. Tennessee, comprehending the whole of the territory ceded to the United States by the state of North Carolina, was admitted by the act first June, 1796.

659. Ohio was authorized to form a constitution by act 30th April, 1802, and its boundaries were prescribed by the second section of that act, and by acts 15th and 230 June, 1836. The laws of the United States were extended to it by act 19th Feb. 1803.*

660. Louisiana was admitted by act 8th April, 1812. Its constitution was formed under the act of 20th Feb. 1811. Its boundaries were established by the acts of 8th and 14th April, 1812. On its admission, the following fundamental conditions were prescribed.

The laws which such state may pass shall be promulgated, and its records of every description shall be preserved, and its judicial and legislative written proceedings conducted in the language in which the laws and the judicial and legislative written proceedings of the United States are now published.

The waste or unappropriated lands within such state shall be at the sole and entire disposition of the United States; and every tract of land sold by congress shall be exempt from any tax whatever, laid by the order or under the authority of the state, for the term of five years from and after the respective days of the sales thereof: and lands belonging to citizens of the United States, residing without such state, shall never be taxed higher than the lands belonging to persons residing therein, and no taxes shall be imposed on lands the property of the United States.

(1) Const. art. 4, sec. 3.

* See Appendix, No. 1, A.

The river Mississippi, and the navigable rivers and waters leading into the same, or into the gulf of Mexico, 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, import or toll therefor, imposed by the said state.

Five per cent. of the nett proceeds of the sales of the lands of the United States, after the first day of January, 1811, shall be applied to laying out and constructing public roads and levees in the said state, as the legislature thereof may direct.(1)

661. Indiana formed her constitution under the act 19th April, 1816, and was admitted into the union by resolution of December 11th, 1816. Its bounds are prescribed by the former act, and the act 23d June, 1836. The act 3d March, 1817, provided for due execution of the laws of the United States therein. The northern boundary was marked and designated under the act 2d March, 1827.

The following propositions were offered to the convention of the said terri. tory of Indiana, when formed, for their free acceptance or rejection, which, being accepted by the convention, are obligatory upon the United States.

First. That the section numbered sixteen, in every township, and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools.

Second. That all salt springs within the said territory, and the land reserved for the use of the same, together with such other lands as may, by the president of the United States, be deemed necessary and proper for working the said salt springs, not exceeding, in the whole, the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state, the same to be used under such terms, conditions, and regulations, as the legislature of the said state shall direct: Provided, The said legislature shall never sell or lease the same for a longer period than ten years at any one time.

Third. That five per cent. of the nett proceeds of the lands lying within the said territory, and which shall be sold by congress from and after the first day of December next, after deducting all the expenses incident to the same, shall be reserved for making public roads and canals, of which threefifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress.

Fourth. That one entire township, which shall be designated by the president of the United States, in addition to the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature.

Fifth. That four 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 four sections shall, under the direction of the legislature of said state, be located at any time, in such township and range as the legislature aforesaid may select, on such lands as may hereafter be acquired by the United States from the Indian tribes within the said territory: Provided, That such

(1) Act 20th Feb. 1811, sec, 5.

locations shall be made prior to the public sale of the lands of the United States surrounding such location : And provided always, That the five foregoing propositions, herein offered, are on the conditions, 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 December next, shall be and remain exempt from any tax, laid by order or under any 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.(1)

662. Illinois formed her constitution under act 18th April, 1818, which prescribed her boundaries. She became a member of the union by resolution Dec. 3d, 1818. The laws of the United States were extended over her by act 3d March, 1819.

The following propositions were offered to the convention of the territory of Ilinois, when formed, for their free acceptance or rejection, which, having been accepted by the convention, are obligatory upon the United States and the said state.

First. That section numbered sixteen, in every township, and, when such section has been sold or otherwise disposed of, 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.

Second. That all salt springs within such state, and the land reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of the said state shall direct : Provided, The legislature shall never sell nor lease the same for a longer period than ten years at any one time.

Third. That five per cent. of the nett proceeds of the lands lying within such state, and which shall be sold by congress, from and after the first day of January, one thousand eight hundred and nineteen, after deducting all ex. penses incident to the same, shall be reserved for the purposes following, viz. iwo-fifths to be disbursed, under the direction of congress, in making roads leading to the state; the residue to be appropriated, by the legislature of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.

Fourth. That thirty-six sections, or one entire township, which shall be designated by the president of the United States, together with the one here. tofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature: Provided always, That the four foregoing propositions, herein offered, are on the conditions that the convention of the said estate 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, one thousand eight hundred and nineteen, shall remain exempt from any tax laid by order, or under any 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: 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 patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years from and after the dates of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein.(2)

(1) Act April 19th, 1816, sec. 6. (2) Act April 18th, 1818, sec, 6.

663. Mississippi was organized under act 1st March, 1817, and became one of the United States by resolution of 10th Dec. 1817. The laws were extended to her 3d April, 1818. The conditions for the admission of the state are similar to those for the admission of Louisiana.

Five per cent. of the nett proceeds of the lands lying within the said territory, (state) and which shall be sold by congress from and after the first day of December 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 said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress : Provided, That the application of such proceeds shall not be made until after payment is completed of the one million two hundred and fifty thousand dollars due to the state of Georgia, in consideration of the cession to the United States, nor until the payment of all the stock which has been, or shall be, created by the act, entitled, “ An act providing for the indemnification of certain claimants of public lands in the Mississippi territory," shall be completed : And provided also, That the said five per cent. shall not be calculated on any part of such proceeds as shall be applied to the payment of the one million two hundred and fifty thousand dollars due to the state of Georgia, in consideration of the cession to the United States, or in payment of the stock which has or shall be created by the act, entitled, “An act providing for the indemnification of certain claimants of public lands in the Mississippi territory."(1)

664. Alabama was authorized to form a constitution under the act of 2d March, 1819, and was admitted into the union by resolution Dec. 14th, 1819. The laws of the United States were extended over her by act of 21st April, 1820.

The following propositions, offered to the convention of the said territory of Alabama, when formed, for their free acceptance or rejection, being accepted by the convention, are obligatory upon the United States.

First. That the section numbered sixteen in every township, and when such section has been sold, granted, or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such townships for the use of schools.

Second. That alt salt springs within the said territory, and the lands reserved for the use of the same, together with such other lands as may, by the president of the United States, be deemed necessary and proper for working the said salt springs, not exceeding in the whole the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state, the same to be used, under such terms, conditions, and regulations, as the legislature of the said state shall direct : Provided, The said legislature shall never sell nor lease the same for a longer term than ten years at any one time.

Third. That five per cent of the nett proceeds of the lands lying within the said territory, and which shall be sold by congress, from and after the first day of September, in the year one thousand eight hundred and nineteen, after deducting all the expenses incident to the same, shall be reserved for making public roads, canals, and improving the navigation of rivers, of which three-fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two-fifths to the making of a road or roads leading to the said state, under the direction of congress.

Fourth. That thirty-six sections, or one entire township, to be designated by the secretary of the treasury, under the direction of the president of the

(1) Act March 1st, 1817, sec. 5.

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