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eleven; within the State of Kentucky, ten; within the State of Ohio, twenty-one; within the State of Indiana, ten; within the State of Illinois, seven; within the State of Missouri, five; within the State of Arkansas, one; and within the State of Michigan, three.

SEC. 2. And be it further enacted, That in every case where a State is entitled to more than one Representative, the number to which each State shall be entitled under this apportionment shall be elected by districts composed of contiguous territory equal in number to the number of Representatives to which said State may be entitled, no one district electing more than one Representative.

Approved, June 25, 1842.

14. AN ACT to provide further remedial justice in the courts of the United States.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That either of the justices of the Supreme Court of the United States, or a judge of any district court of the United States, in which a prisoner is confined, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of any prisoner or prisoners in jail or confinement, where he, she, or they, being subjects or citizens of a foreign State, and domiciled therein, shall be committed or confined, or in custody, under or by any authority or law, or process founded thereon, of the United States, or of any one of them, for or on account of any act done or committed under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, or order, or sanction, of any foreign State or Sovereignty the validity and effect whereof depend upon the law of nations, or under color thereof. And upon the return of the said writ, and due proof of the service of notice of the said proceedings to the Attorney-General or other officer prosecuting the pleas of the State, under whose authority the petitioner has been arrested, committed, or is held in custody, to be prescribed by the said justice or judge at the time of granting said writ, the said justice or judge shall proceed to hear the said cause; and if, upon hearing the same, it shall appear that the prisoner or prisoners is or are entitled to be discharged from such confinement, commitment, custody, or arrest, for or by reason of such alleged right, title, authority, privileges, protection or exemption, so set up and claimed, and the law of nations applicable thereto, and that the same exists in fact, and has been duly proved to the said justice or judge, then it shall be the duty of the said justice or judge forthwith to discharge such prisoner or prisoners

accordingly. And if it shall appear to the said justice or judge that such judgment of discharge ought not to be rendered, then the said prisoner or prisoners shall be forthwith remanded: Provided always, That from any decision of such justice or judge an appeal may be taken to the Circuit Court of the United States for the district in which the said cause is heard; and from the judgment of the said Circuit Court to the Supreme Court of the United States, on such terms and under such regulations and orders as well for the custody and appearance of the prisoner or prisoners as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus returned thereto, and other proceedings, as the judge hearing the said cause may prescribe; and pending such proceedings or appeal, and until final judgment be rendered therein, and after final judgment of discharge in the same, any proceeding against said prisoner or prisoners, in any State court, or by or under the authority of any State, for any matter or thing so heard and determined, or in process of being heard and determined, under and by virtue of such writ of habeas corpus, shall be deemed null and void.

Approved, August 29, 1842.

15. AN ACT to establish a uniform time for holding elections for electors of President and Vice President in all the States of the Union. SEc. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the electors of President and Vice President shall be appointed in each State on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed. Provided, That each state may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote. And provided, also, when any State shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law provide.

Approved, January 23, 1845.

16. AN ACT to provide for the distribution of the edition of the laws and treaties of the United States, published by Little and Brown, under the provisions of the resolutions of Congress, approved March 3, 1845, and for other purposes.

SEC. 2. And whereas, said edition of the said Laws and Treaties of the United States has been carefully collated and compared with the original

rolls in the archives of the government, under the inspection and supervision of the Attorney General of the United States, as duly certified by that officer; Therefore, Be it further enacted, That said edition of the Laws and Treaties of the United States, published by Little and Brown, is hereby declared to be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity, and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

Approved, August 8, 1846.

17. AN ACT for giving effect to certain treaty stipulations between this and foreign governments, for the apprehension and delivering up of certain offenders.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which there now exists, or hereafter may exist, any treaty or convention for extradition between the government of the United States and any foreign government, it shall and may be lawful for any of the justices of the supreme court or judges of the several district courts of the United States—and the judges of the several State courts, and the commissioners authorized so to do by any of the courts of the United States, are hereby severally vested with power, jurisdiction, and authority, upon complaint made under oath or affirmation, charging any person found within the limits of any state, district, or territory, with having committed within the jurisdiction of any such foreign government, any of the crimes enumerated or provided for by any such treaty or convention-to issue his warrant for the apprehension of the person so charged, that he may be brought before such judge or commissioner, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient by him to sustain the charge under the provisions of the proper treaty or convention, it shall be his duty to certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of said treaty or convention; and it shall be the duty of the said judge or commissioner to issue his warrant for the commitment of the person so charged to the proper gaol, there to remain until such surrender shall be made.

SEC. 2. And be it further enacted, That in every case of complaint as aforesaid, and of a hearing upon the return of the warrant of arrest, copies

of the depositions upon which an original warrant in any such foreign. country may have been granted, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended.

SEC. 3. And be it further enacted, That it shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person or persons as shall be authorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person or persons authorized, as aforesaid, to hold such person in custody, and to take him or her to the territories of such foreign government, pursuant to such treaty; and if the person so accused shall escape out of any custody to which he or she shall be committed, or to which he or she shall be delivered, as aforesaid, it shall be lawful to retake such person, in the same manner as any person, accused of any crime against the laws in force in that part of the United States to which he or she shall so escape, may be retaken on an escape.

SEC. 4. And be it further enacted, That when any person who shall have been committed under this act or any such treaty as aforesaid, to remain until delivered up in pursuance of a requisition as aforesaid, shall not be delivered up pursuant hereto and conveyed out of the United States within two calendar months after such commitment over and above the time actually required to convey the prisoner from the gaol to which he or she may have been committed by the readiest way out of the United States, it shall in every such case be lawful for any judge of the United States or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him, that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such judge why such discharge ought not to be ordered.

SEC. 5. And be it further enacted, That this act shall continue in force during the existence of any treaty of extradition with any foreign government, and no longer.

SEC. 6. And be it further enacted, That it shall be lawful for the courts of the United States, or any of them, to authorize any person or persons to act as a commissioner or commissioners under the provisions of this act; and the doings of such person or persons so authorized, in pursuance of any of the provisions aforesaid, shall be good and available to all intents and purposes whatsoever. Approved, August 12, 1848.

18. AN ACT providing for the taking of the seventh and subsequent censuses of the United States, and to fix the number of members of the House of Representatives, and to provide for their future apportionment among the several States.

SEC. 23. And be it further enacted, That if no other law be passed providing for the taking of the eighth, or any subsequent census of the United States, on or before the first day of January, of any year, when, by the Constitution of the United States, any future enumeration of the inhabitants thereof is required to be taken, such census shall, in all things, be taken and completed according to the provisions of this act.

SEC. 24. And be it further enacted, That from and after the 3d day of March, 1853, the House of Representatives shall be composed of two hundred and thirty-three members, to be apportioned among the several States in the manner directed in the next section of this act.

SEC. 25. And be it further enacted, That so soon as the next and each subsequent enumeration of the inhabitants of the several States directed by the Constitution of the United States to be taken, shall be completed and returned to the office of the Department of the Interior, it shall be the duty of the Secretary of the Interior to ascertain the aggregate representative population of the United States, by adding to the whole number of free persons in all the States, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons; which aggregate population he shall divide by the number two hundred and thirty-three, and the product of such division, rejecting any fraction of an unit, if any such happen to remain, shall be the ratio, or rule of apportionment of Representatives among the several States under such enumeration: and the said Secretary of the Department of the Interior shall then proceed, in the same manner, to ascertain the representative population of each State, and to divide the whole number of the representative population of each State, by the ratio already determined by him, as above directed; and the product of this last division shall be the number of Representatives apportioned to such State under the then last enumeration: Provided, That the loss in the number of members caused by the fractions remaining in the several States, on the division of the population thereof, shall be compensated for by assigning to so many States having the largest fractions, one additional member for each for its fraction, as may be necessary to make the whole number of Representatives two hundred and thirty-three. And provided, also, That if, after the apportionment of the Representatives under the next, or any subsequent census, a new State or States shall be admitted into the Union, the Representative or Representatives assigned to such new State or States, shall be in addition to the number of Representatives herein above limited; which excess of Representatives over two hundred and thirty-three shall only continue until the

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