2 March 1867. Penalty for ap movals in contra vention of the of any commission or letter of authority, for or in respect to any such appointment or employment, shall be deemed and are hereby declared to be high misdemeanors; (a) pointments or re and upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court: Provided, That the president shall have power to make out and deliver, after the adjournment of the senate, commissions for all officers whose appointment shall have been advised and consented to by the senate. act. 7. It shall be the duty of the secretary of the senate, at the close of each session thereof, to deliver to the secretary of the treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the senate, during such session; and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. 8. Whenever the president shall, without the advice and consent of the senate, designate, authorize or employ any person to perform the duties of any office, he shall forthwith notify the secretary of the treasury thereof; and it shall be the duty of the secretary of the treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department. 9. No money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the treasury or not, to or by, or for the benefit of, any person appointed to, or authorized to act in, or holding or exercising the duties or functions of, any office, contrary to the provisions of this act; nor shall any claim, account, voucher, order, certificate, warrant or other instrument, providing for or relating to such payment, receipt or retention, be presented, passed, allowed, approved, certified or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. And every person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor; and upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court. 21 Feb. 1863 1. 12 Stat. 657. Ohio. 1. Terms of the circuit and district courts. I. CIRCUIT AND DISTRICT COURTS. 1. Instead of the times now fixed by law, the circuit and district courts of the United States for the several districts in the states composing the seventh judicial circuit shall Terms of the cir hereafter be held as follows:-Ohio. At Cleveland, for the northern district of Ohio, on the first Tuesdays in the months of January, May and September in each year; at Cincinnati, for the southern district of Ohio, on the first Tuesdays in the months of February, April and October in each year. cuit and district courts. (a) In Johnson's Case, it was held by the senate, that the act as originally passed did not apply to one of the heads of the executive departments, appointed by the predecessor of the presi dent, who was in office at the time of the passage of the law, and then holding over. Johnson's Trial. 11 Stat. 383. into the Union. 1. Whereas the people of Oregon having framed, ratified and adopted a constitution 14 Feb. 1859 1. of state government which is republican in form, and in conformity with the constitution of the United States, and have applied for admission into the Union on an equal footing Oregon admitted with the other states: Therefore, Be it enacted, That Oregon be and she is hereby received into the Union, on an equal footing with the other states in all respects whatever, with the following boundaries: In order that the boundaries of the state may be Boundaries. known and established, it is hereby ordained and declared that the state of Oregon shall be bounded as follows, to wit: beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast, lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia river; thence easterly, to and up the middle channel of said river, and where it is divided by islands, up the middle of the widest channel thereof, to a point near fort Walla-Walla, where the forty-sixth parallel of north latitude crosses said river; thence east, on said parallel, to the middle of the main channel of the Shoshones or Snake river; thence up the middle of the main channel of said river, to the mouth of the Owyhee river; thence due south, to the parallel of latitude forty-two degrees north; thence west, along said parallel to the place of beginning; including jurisdiction in civil and criminal cases upon the Columbia river and Snake river, concurrently with states and territories of which those rivers form a boundary in common with this state. Ibid. & 2. 2. The said state of Oregon shall have concurrent jurisdiction on the Columbia and all other rivers and waters bordering on the said state of Oregon, so far as the Concurrent jurissame shall form a common boundary to said state, and any other state or states now or diction on rivers bounding the hereafter to be formed or bounded by the same. And said rivers and waters, and all state. the navigable waters of said state, shall be common highways, and for ever free, as Navigable rivers well to the inhabitants of said state, as to all other citizens of the United States, with- to be public highout any tax, duty, impost or toll therefor. ways. Ibid. 3. versity. 3. That the following propositions be and the same are hereby offered to the said people of Oregon for their free acceptance or rejection, which, if accepted, shall be Propositions. obligatory on the United States and upon the said state of Oregon, to wit: I. That School lands. sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. II. That seventy-two sections of land shall be Lands for a uniset apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office; and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. (a) III. Public buildings. That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to said state, for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. IV. That all salt springs within said state, not exceeding Salt springs. twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the same to be selected by the governor thereof, within one year after the admission of said state, (b) and when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature shall (a) See act 2 March 1861. 12 Stat. 208. (b) Extended for three years, by act 17 December 1860. 12 Stat. 124. 14 February 1859. direct: Provided, That no salt spring or land, the right whereof is now vested in any Proceeds of sales individual or individuals, or which may be hereafter confirmed or adjudged to any indiof public lands. vidual or individuals, shall by this article be granted to said state. V. That five per centum of the net proceeds of sales of all public lands lying within said state, which shall be sold by congress after the admission of said state into the Union, after deducting all the expenses incident to the same, shall be paid to said state, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions, herein before offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bonâ fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. VI. And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the said state of Oregon have heretofore been confirmed to the territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act. (a) 4. Until congress shall otherwise direct, the residue of the territory of Oregon shall be and is hereby incorporated into and made a part of the territory of Washington. 3 March 1859 1. 5. All the laws of the United States, which are not locally inapplicable, shall have 11 Stat. 437. the same force and effect within the said state of Oregon as elsewhere in the United States. Taxes. Ibid. § 5. 19 Feb. 1864 1. 13 Stat. 4. II. CIRCUIT court. 6. A term of said circuit court for the state of Oregon shall be held at the city of Portland, in said state, on the first Monday of January, and on the first Monday of Terms of the cir- May, and on the first Monday of September of each year. cuit court. Ibid. § 2. When district 7. Whenever the circuit judge is absent, or from any cause is unable to hold a term of the circuit court, as above provided, it shall be the duty of the district judge of the judge to hold cir- district to hold such term; no term of the circuit court in one district of the tenth circuit shall be deemed to be ended from the commencement of a term in another district; a circuit court may be held in the different districts at the same time. cuit court. Ibid. 23. Special courts. 8. The circuit judge of said tenth circuit may, at his discretion, appoint special sessions of the circuit court, to be held at the places where the stated sessions thereof are to be holden, as provided in this act, by an order under his hand and seal, addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error or on appeal, issues of law, motions in arrest of judgment, motions for new trial and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the circuit court, except trying any cause by jury, in the same way and with the same force and effect as the same could or might be done at the stated sessions of such court. At waive jury trials. said special sessions, said court may also try and determine all issues of fact, in cases in which, by the stipulation in writing of the parties or their attorneys, and filed with the clerk, a jury shall be waived. Parties may Ibid. 25. Deputy-clerks. Ibid. § 6. Fees of clerks. 9. The clerks of the circuit courts of the tenth circuit shall have power to appoint one or more deputies, who shall have the same authority in all respects as their principal; the appointment shall be in writing and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court; the clerk may revoke the appointment of any deputy at will by writing filed in the office and entered upon the records; each deputy, before entering upon his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office, and for other purposes," approved July 2d 1862; (b) and such oath shall be endorsed upon his appointment; the clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy. 10. The clerks of the circuit courts and district courts of the United States for the districts of California and Oregon shall severally be entitled to charge and receive, for the services they may perform, double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attor (a) The act 14 August 1848 (1 vol. 711, pl. 11) vested in each religious society a perfect title to the land (not exceeding 640 acres) occupied by it, in the territory of Oregon, at that date, as a missionary station among the Indians. 11 Opin. 47. (b) Tit. "Oaths," 1. neys of the circuit and district courts of the United States, and for other purposes," 19 February 1864. approved February 26th 1853. (a) Ibid. 7. writs of error. 11. Issues of fact in civil cases may be tried and determined by the said circuit court without the intervention of a jury, whenever the parties or their attorneys of record Trial of issues of fact by the court. file a stipulation in writing with the clerk waiving a jury; upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk; in giving the decision, the facts found and the conclusions of law shall be separately stated. The review of the judgment or decree entered upon such findings by the supreme court Appeals and of the United States, upon appeal or writ of error, shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted; the supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken. III. DISTRICT COURT. 12. The said state is hereby constituted a judicial district of the United States, within 3 March 1859 2 which a district court, with the like powers and jurisdiction as the district court of the United States for the district of Iowa, shall be established. 11 Stat. 439. District court established. Ibid. § 3. Residence and 13. The judge, attorney and marshal of the United States for the said district of Oregon, shall reside therein; ** and the marshal and district attorney for said district shall be entitled to the same compensation and fees as the marshal and attorney compensation of for the district of Iowa. officers. 14. The salary of the district judge of the United States for said district shall be 22 June 1860 § 2. three thousand dollars. 12 Stat. 85. 15. A term of the district court of the United States for the district of Oregon shall 19 Feb. 1864 8. be held at the city of Portland, in the state of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year. Terms of the disIV. LAND Offices. 13 Stat. 5. trict court 14 Stat. 82. district. 16. That the president of the United States be and he is hereby authorized to estab- 3 July 1866 31. lish an additional land district in the state of Oregon, and to fix, from time to time, the boundaries thereof, which district shall be named after the place at which the office Additional land shall first be established; and the president shall be authorized hereafter, from time to time, as circumstances may require, to adjust the boundaries of any and all of the land districts in said state, and change the location of the land office, from time to time, when the same shall be expedient. Ibid. 2. 17. The president is hereby authorized to appoint, by and with the advice and consent of the senate, or during the recess thereof, and until the end of the next ensuing Register and resession, a register and receiver for said land district, who shall be required to reside at ceiver. the site of the office, shall be subject to the same laws and responsibilities, and whose compensation and fees shall be respectively the same per annum, as are now allowed by law to other land officers in said state. V. COLLECTION DISTRICTS. 13 Stat. 125. 1 July 1864 31. 13 Stat. 342. Portland to be a port of delivery. 18. The collection districts of Cape Perpetua and Port Orford, heretofore established 11 June 1864 § 1. by law, are hereby abolished, and the same attached to the collection district of Oregon. 19. That Portland, in the state of Oregon, and within the collection district of Oregon, and Leavenworth, in the state of Kansas, and within the collection district of Mississippi, be and hereby are declared to be ports of delivery within their respective collection districts. And there shall be appointed a surveyor of customs, to reside at each of said ports, who shall perform the duties and receive the compensation and emoluments prescribed in the act of congress approved March the 2d 1831,(b) being "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheel- Surveyor. ing, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places." 4 July 1864 1. 13 Stat. 390. What to be deemed conti guous territory. Ibid. ¿ 2. Vessels to and 5. Passenger lists to be delivered to consuls in Mexico and Cen tral America. How disposed of. Penalty for neglect. 7. Passenger laws to be printed. And posted in passenger vessels. Penalty for neglect. 8. Appropriation of penalties. 1. The term "contiguous territory," in the first section of the act entitled "An act to regulate the carriage of passengers in steamships and other vessels," approved March 3d 1855, (a) shall not be held to extend to any port or place connecting with any interOceanic route through Mexico. 2. That the provisions of the 11th section of said act (b) be and the same are hereby extended to all vessels whose passengers, or any part of them, are or shall be bound from from the Pacific, or to any of the ports or places therein mentioned, by way of any overland route or Central America. routes through Mexico or Central America. via Mexico and Ibid. § 3. Three copies of 3. There shall be delivered to masters or owners of vessels three copies of the inspectors' certificates, directed to be given them by collectors or other chief officers inspectors' certifi- of the customs, by the 25th section of the act entitled "An act to amend an act entitled cates to be given. An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam,' and for other purposes," approved August 30th 1852, (c) one of which copies shall be placed and at all times kept by said masters or owners in some conspicuous place in the vessel, where it will be most likely to be disOne to be posted. covered by steerage passengers and the others, as now provided by law; and the penalty for neglecting or refusing to place and keep up such additional copy shall be the same as is provided by the said 25th section, in the other cases therein mentioned. (d) tion. Ibid. 4. To be sworn to. 4. The list of passengers required to be kept by section thirty-five of the said act of Passenger list to August 30th 1852, (e) shall also be open to the inspection of any passenger, during all be open to inspec- reasonable hours; and after any clearance is granted, but before the vessel shall be allowed to depart, the master or other person in charge of such vessel, carrying passengers, shall file with the collector or other officer of the customs granting the clearance, a list, verified by the oath of the master, or other agent or owner of the vessel, of all passengers received or to be received on the vessel so cleared, for conveyance, during the proposed voyage, designating cabin and steerage passengers distinctly; and on the receipt by such customs officer on the full list so verified, a departure permit shall be given, without which no vessel conveying passengers shall go to sea; and such departure permit shall be shown to the pilot of each vessel before he shall have authority to take the vessel to sea; and any pilot who shall, without such authority being shown to him, pilot a vessel to sea, shall be subject to a fine of one hundred dollars, and a revocation of his license. Penalty for neglect. Ibid. 25. be delivered to consuls in Mexico and Central America. 5. The master or commander of any vessel carrying passengers from any port or Passenger lists to ports in the United States to any port or place in Mexico or Central America, shall, immediately on arriving at such last-mentioned port or place, deliver to the United States consul, vice-consul or commercial agent at such port, two copies of the list of passengers required to be kept on such vessel by said section thirty-five of the act of August 30th 1852, (e) embracing all the passengers on board the vessel, at any time during its voyage, up to its said arrival, and duly verified by the oath of such master or commander, and by the inspection of the consul, vice-consul or commercial agent, previous How disposed of. to or at the landing of the passengers; one of which copies the said consul, vice-consul or commercial agent shall file in his office, and the other of which he shall transmit, without delay, to the collector of the port in the United States from which the vessel last cleared. And if such master or commander shall refuse or neglect to comply with the requirements of this section, or shall knowingly make a false return of the list of passengers, he, together with the owner or owners of said vessel, shall be subject to a fine of not less than ten thousand dollars, and such fine shall be a lien upon the vessel until paid. Penalty for neglect. Ibid. 7. Penalty for presenting false pas senger list. 6. If the owner or owners, master, commander or other person in charge of any steamboat or other vessel, shall wilfully present or cause to be presented any false or fraudulent list or lists of its passengers, or copies thereof, to any consul, vice-consul, commercial (a) 1 vol. 717, pl. 1. (d) See United States v. The Manhattan, 3 Blatch. C. C. 270. (e) 1 vol. 858, pl. 62. |