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30 May 1854. sion, may organize, alter or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

30 May 1854 12. 10 Stat. 281.

Appointment of

territorial officers.

Oath of office.

Salaries.

V. MISCELLANEOUS PROVISIONS.

13. The governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the district judge or some justice of the peace in the limits of said territory, duly autho rized to administer oaths and affirmations by the laws now in force therein, or before the chief justice, or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings. And the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified; which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand five hundred dollars. The chief justice and associate justices shall each receive an annual salary of two thousand dollars. The secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respectCompensation of ive appointments. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms and doorkeeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day during the session of the legislative Annual sessions. assembly; but no other officers shall be paid by the United States: Provided, That there Extra sessions. shall be but one session of the legislature annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislature together. There shall be approAppropriation priated, annually, the usual sum, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of a clerk of the executive department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses. And the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

members of as

sembly.

And their officers.

for contingent expenses.

Ibid. 13.

Sent of government.

Ibid. 14.

gress.

14. The legislative assembly of the territory of Nebraska shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct. And at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

15. A delegate to the house of representatives of the United States, to serve for the Delegate to con- term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly; who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections the times, places and manner of holding the elections, shall be prescribed by

to Nebraska.

law. The person having the greatest number of votes shall be declared by the governor 30 May 1854. to be duly elected; and a certificate thereof shall be given accordingly. That the con- Laws of United stitution and all laws of the United States which are not locally inapplicable, shall States extended have the same force and effect within the said territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6th 1820, which, being inconsistent with the principle of non-intervention by congress with slavery in the states and territories, as Repeal of Misrecognised by the legislation of 1850, commonly called the compromise measures, iscuri comprohereby declared inoperative and void; (a) it being the true intent and meaning of this act not to legislate slavery into any territory or state, nor to exclude it therefrom, but to Slavery. leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March 1820, either protecting, establishing, prohibiting or abolishing slavery.

mise.

Ibid. 15.

16. There shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor Appropriations of the territory of Nebraska, not exceeding the sums heretofore appropriated for similar to be made for public building. objects, for the erection of suitable public buildings at the seat of government; and for and library. the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal and attorney of said territory, and such other persons, and under such regulations, as shall be prescribed by law.

Ibid. 16.

Two sections of

17. When the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections. numbered sixteen and thirty-six, in each township in said territory, shall be and the same land to be reare hereby reserved, for the purpose of being applied to schools in said territory, and in township for the states and territories hereafter to be erected out of the same.(b)

served in each

schools.

Ibid. 18.

Security, how

18. All officers to be appointed by the president, by and with the advice and consent of the senate, for the territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present congress, are required to give given, by officers. security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the secretary of the treasury may prescribe

Ibid. 37.

19. All treaties, laws and other engagements made by the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall Indian rights to be faithfully and rigidly observed, notwithstanding anything contained in this act. And be observed. that the existing agencies and superintendencies of said Indians be continued with the Indian agents, same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the office of superintendent.

&c.

Negroes.

[See FUGITIVES FROM LABOR. SLAVE TRADE.]

1. Penalty for importing negroes into places where it is prohibited.

2. Vessels not to be admitted to entry. To be forfeited if such negroes are landed. 3. Duties of custom house officers.

2 Stat. 205.

1. No master or captain of any ship or vessel, or any other person, shall import or 28 Feb. 1803 1. bring, or cause to be imported or brought, any negro, mulatto or other person of color, (c) not being a native, a citizen, or registered seaman of the United States, or seamen natives Penalty for importing negroes of countries beyond the Cape of Good Hope, into any port or place of the United States, into places where which port or place shall be situated in any state which by law has prohibited or shall it is prohibited prohibit the admission or importation of such negro, mulatto or other person of color. And if any captain or master aforesaid, or any other person, shall import or bring, or cause to be imported or brought into any of the ports or places aforesaid, any of the persons whose admission or importation is prohibited, as aforesaid, he shall forfeit and

(a) It seems, that the Missouri compromise was null and void ab incepto, because incompatible with the organic fact of equality of internal right, in all respects, between the old and the 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, limitations and restrictions not imposed on all, is contrary to 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 1bid. 82.
Veazie v
Moor, 14 Ibid. 568. Dred Scott r. Sandford, 19 How. 395.
(b) See act 3 March 1857, authorizing the selection of other
lands, in place of such as may have been settled on, or selected
for town sites. 11 Stat. 254.

(e) This act does not apply to colored seamen employed in navi. gating such vessel. The Brig Wilson v. United States, 1 Brock. 123.

28 Feb. 1803. pay the sum of one thousand dollars for each and every negro, mulatto or other person of color aforesaid, brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the United States; one-half thereof to the use of the United States, the other half to any person or persons prosecuting for the penalty; and in any action instituted for the recovery of the penalty aforesaid, the person or persons sued may be held to special bail: Provided always, That nothing contained in this act shall be construed to prohibit the admission of Indians.

Ibid. 22.

Vessels not to be
admitted to
entry.

2. No ship or vessel arriving in any of the said ports or places of the United States. and having on board any negro, mulatto or other person of color, not being a native, a citizen, or registered seaman of the United States, or seamen natives of countries beyond the Cape of Good Hope as aforesaid, shall be admitted to an entry. And if any such To be forfeited if negro, mulatto or other person of color, shall be landed from on board any ship or vessel, anch negroes are in any of the ports or places aforesaid, or on the coast of any state prohibiting the admission or importation as aforesaid, the said ship or vessel, together with her tackle, apparel and furniture, shall be forfeited to the United States; and one-half of the net proceeds of the sales on such furniture shall inure and be paid over to such person or persons on whose information the seizure on such forfeiture shall be made.

landed.

Ibid. 23.

Duties of custom house officers.

3. It shall be the duty of the collectors and other officers of the customs, and all other officers of the revenue of the United States, in the several ports or places situated as aforesaid, to notice and be governed by the provisions of the laws, now existing, of the several states prohibiting the admission or importation of any negro, mulatto or other person of color, as aforesaid. And they are hereby enjoined vigilantly to carry into effect the said laws of said states, conformably to the provisions of this act; any law of the United States to the contrary notwithstanding.

Neutrality.

1 Punishment for accepting commission from foreign belligerent.

2. For enlisting, or causing another to enlist in the service of a foreign power. Exceptions.

3. For fitting out vessels for a foreign belligerent.

7. Jurisdiction of the district courts.

8. President may employ the forces of the United States to sup press such expeditions.

9. May compel foreign vessels to depart.

10. Owners, &c., of armed vessels may be required to give

4. For fitting out vessels to cruise against the commerce of the security. United States, &c.

5. For increasing the force of a foreign belligerent vessel.

6. For setting on foot an expedition against a friendly power.

20 April 1818

3 Stat. 447.

1.

11. When collectors may detain armed vessels.

12. Repeal of former acts.

13. Punishment of treason or piracy not to be affected.

1. If any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district Punishment for or people, in war, by land or by sea, against any prince, state, colony, district or people, with whom the United States are at peace; the person so offending shall be deemed guilty foreign bellige of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years. (a)

accepting com

mission from

rent.

Ibid. 22.

For enlisting or procuring an

other to enlist in the service of a foreign power.

Exceptions.

2. If any person (b) shall, within the territory or jurisdiction of the United States, enlist or enter himself; or hire or retain another person to enlist or enter himself,(c) or to go beyond the limits or jurisdiction of the United States with intent to be enlisted (d) or entered in the service of any foreign prince, state, colony, district or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque or privateer; every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years: Provided, That this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district or people, who shall transiently be within the United States, and shall on board of any vessel of war, letter of marque or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district or people, on board such vessel of war, letter of marque or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district or people. 3 If any person shall, within the limits of the United States, fit out and arm, (e) or

Ibid. 3. (a) See 2 McLean. 2. 5 Tbid. 250.

(b) Foreign consuls are not exempted from the penal effect of this statute. And a foreign minister who violates its provisions is liable to be summarily dismissed. 7 Opin. 367.

(c) This act is declaratory of the pre-existing law of nations, and was intended to aid the executive in the enforcement of that law. The Santissima Trinidad, 1 Brock. 488. 7 Opin. 367.

(d) I is not a crime, under this act, to leave this country with Intent to enlist in foreign military service; nor to transport persons

out of the country with their own consent, who have an intention of so enlisting. To constitute a crime under the statute, such persons must be hired or retained to go abroad with the intent of such enlisting. United States v. Kazinski, 8 Law Rep. 254. See 4 Opin. 336.

(e) Either will constitute the offence; it is not necessary that the vessel should be armed, or in a condition to commit hostilities, on leaving the United States. United States v. Quincy, 6 Pet. 445. See 3 Opin. 738, 741.

foreigu bellige

attempt to fit out and arm, or procure to be fitted out and armed, (a) or shall knowingly 20 April 1813. be concerned in the furnishing, fitting out or arming of any ship or vessel, with intent (b) For fitting out that such ship or vessel shall be employed in the service of any foreign prince or state, vessels for a or of any colony, district or people, (c) to cruise or commit hostilities against the subjects, rent. citizens or property of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace; or shall issue or deliver a commission, within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid; every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years. And every such ship or vessel, with her tackle, apparel and furniture, together with all materials, arms, ammunition and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one-half to the use of the informer, and the other half to the use of the United States.

Ibid. 4.

cruise against the

4. If any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall For fitting out knowingly aid or be concerned in the furnishing, fitting out or arming any private ship privateers to or vessel of war, or privateer, with intent that such ship or vessel shall be employed to commerce of the cruise or commit hostilities upon the citizens of the United States, or their property; or United States, &c. shall take the command of, or enter on board of any such ship or vessel, for the intent aforesaid; or shall purchase any interest in any such ship or vessel, with a view to share in the profits thereof; such person, so offending, shall be deemed guilty of a high misdemeanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years. And the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought.

Ibid. 5.

5. If any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned For increasing in increasing or augmenting, the force of any ship of war, cruiser or other armed ves- the force of a foreign belligerent sel, (d) which, at the time of her arrival within the United States, was a ship of war, or vessel. cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district or people, or belonging to the subjects or citizens of any such prince or state, colony, district or people, the same being at war with any foreign prince or state, or of any colony, district or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to war; every person, so offending, shall be deemed guilty of a high misdemeanor, shall be fined not more than one thousand dollars, and be imprisoned not more than one year.

Ibid. 26.

foot an expedi tion against a friendly power

6. If any person shall, within the territory or jurisdiction of the United States, (e) begin or set on foot, or provide or prepare the means for, (g) any military expedition or For setting on enterprise, to be carried on from thence against the territory or dominions of foreign any prince or state, or of any colony, district or people, with whom the United States are [at] peace; every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years.

7. The district courts shall take cognisance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.

Ibid. 7.

of the United

press such ex

8. In every case in which a vessel shall be fitted out and armed, or attempted to be Ibid. 28. fitted out and armed; or in which the force of any vessel of war, cruiser or other armed President may vessel, shall be increased or augmented; or in which any military expedition or enter- employ the forces prise shall be begun or set on foot, contrary to the provisions and prohibitions of this States to supact; and in every case of the capture of a ship or vessel within the jurisdiction or pro- peditions. tection of the United States as before defined; and in every case in which any process issuing out of any court of the United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser or other armed vessel of any foreign prince or state, or of any colony, district or people, or of any subjects cr citizens of any foreign prince or state, or of any colony, district or people; in every such case, it shall be lawful for the president of the United States, or such other person as he shall

(a) See United States r. Guinet, 2 Dall. 328.

(b) Any degree of intent to commit hostilities against a nation with which this government is at peace is sufficient. 5 Opin. 92. But there must be a fixed intention that the vessel should be so employed; a mere wish so to employ her, if he could obtain funds, on her arrival at a foreign port, for the purpose of arming her, is not sufficient to render the defendant guilty. United States v. Quincy, 6 Pet. 445. Moodie v. The Alfred, 3 Dall. 307. But the fact that the arms and ammunition were cleared out as cargo, and the men shipped as for a common mercantile voyage, will not vary the case. The Gran Para, 7 Wh. 480.

(c) United States v. Quincy, 6 Pet. 467.

(d) As to what amounts to the augmentation of the force of a foreign armed vessel within our ports, see United States v. Grassin, 3 W. C. C. 65. The Schooner Nancy, Bee, 73. Moodie v. The Ship Brothers, Ibid. 76. Moodie v. The Betty Cathcart, Ibid. 292. United States v. Guinet, 2 Dall. 328. 2 Opin. 86.

(e) It is unimportant that such association originated beyond seas, if the expedition was carried on from hence. Ex parte Needham, Pet. C. C. 487. 2 Wh. Cr. Cas. xlviii. 3 Ibid. 174.

(9) See 5 McLean 250, 306

20 April 1818. have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such ship or vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this act, and to the restoring the prize or prizes in the cases in which restoration shall have been adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace.

Ibid. 29.

9. It shall be lawful for the president of the United States, or such person as he shall May compel for empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary, to compel any foreign ship or vessel to depart the United States, in all cases in which, by the laws of nations or the treaties of the United States, they ought not to remain within the United States.

eign vessels to depart.

Ibid. 10.

Owners, &c., of

armed vessels may be required to give security.

may detain armed vessels.

10. The owners or consignees of every armed ship or vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens or property of any foreign prince or state, or of any 'colony, district or people, with whom the United States are at peace.

Ibid. ? 11. 11. The collectors of the customs be and they are hereby, respectively, authorized and When collectors required to detain any vessel manifestly built for warlike purposes, and about to depart the United States, of which the cargo shall principally consist of arms and munitions of war; when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hostilities upon the subjects, citizens or property of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace; until the decision of the president be had thereon, or until the owner or owners shall give such bond and security as is required of the owners of armed ships by the preceding section of this act.

Ibid. 12.

Repeal.

Ibid. 13.

12. The act passed on the 5th day of June 1794, entitled "An act in addition to the act for the punishment of certain crimes against the United States," continued in force, for a limited time, by the act of the 2d of March 1797, and perpetuated by the act passed on the 24th of April 1800, and the act passed on the 14th day of June 1797, entitled "An act to prevent citizens of the United States from privateering against nations in amity with, or against the citizens of, the United States," and the act, passed the 3d day of March 1817, entitled "An act more effectually to preserve the neutral relations of the United States," be and the same are hereby severally repealed: Provided nevertheless, That persons having heretofore offended against any of the acts aforesaid, may be prosecuted, convicted and punished, as if the same were not repealed; and no forfeiture heretofore incurred by a violation of any of the acts aforesaid shall be affected by such repeal.

13. Nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States.

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1 Stat. 73.

II. COLLECTION DISTRICTS.

3. District of Portsmouth. Ports of delivery.

4. Kittery and Berwick annexed to Portsmouth. Vessels may enter at York.

I. CIRCUIT AND DISTRICT COURTS.

24 Sept. 1789 3. 1. That there be a court called a district court in each of the afore-mentioned dis tricts, to consist of one judge, who shall reside in the district for which he is appointed, Terms of the dis- and shall be called a district judge, and shall hold annually four sessions, the first of

trict court.

Special courts.
Where holden.

***

which to commence as follows, to wit: *** in the district of New Hampshire, * * * on
the third Tuesday of December next; and the other three sessions progressively in the
respective districts, on the like Tuesdays of every third calendar month afterwards;
and the district judge shall have power to hold special courts at his discretion. The
stated district court shall be held at the places following, to wit: *** in the district of
New Hampshire, at Exeter and Portsmouth alternately, beginning at the first. ***
And the special courts shall be held in the same place in each district as the stated
courts, or in districts that have two, at either of them, in the discretion of the judge, or

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