(ACT of September 24th, 1789.) 8. SEC. v. Any person imprisoned upon process issuing from any court of the United States, except at the suit of the United States, in any civil action, against whom judgment has been, or shall be, recovered, shall be entitled to the privileges and relief provided by this act, after the expiration of thirty days from the time such judgment has been, or shall be, recovered, though the creditor should not, within that time, sue out his execution, and charge the debtor therewith. [ACT of September 23d, 1789. 2 Bioren, 55, relates exclusively to salaries, see the article SALARIES, 2.] ACT of September 24th, 1789. 2 Bioren, 56. 1. SEC. 1. The supreme court of the United States shall consist of a chief justice and five 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 the other the first Monday of August. And the associate justices shall have 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. [Altered as to those parts of the Sec. in italics, infra, 64, 91.] (ACT of September 24th, 1789.) 2. SEC. II. The United States shall be, and they hereby are divided into thirteen districts, to be limited and cailed as follows, to wit, one to consist of that part of the state of Massachusetts which lies easterly of the state of New Hampshire, and to be called Maine district; one to consist of the state of New Hampshire, and to be called New Hampshire district; one to consist of the remaining part of the state of Massachusetts, and to be called Massachusetts district; one to consist of the state of Connecticut, and to be called Connecticut district; one to consist of the state of New York, and to be called New York district; one to consist of the state of New Jersey, and to be called New Jersey district; one to consist of the state of Pennsylvania, and to be called Pennsylvania district; one to consist of the state of Delaware, and to be called Delaware district; one to consist of the state of Maryland, and to be called Maryland district; one to consist of the state of Virginia, except that part called the district of Kentucky, and to be called Virginia district; one to consist of the remaining part of the state of Virginia, and to be called Kentucky district; one to consist of the state of South Carolina, and to be called South Carolina district; and one to consist of the state of Georgia, and to be called Georgia district. [Infra, 42, &c.] 3. SEC. III. There shall be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a district judge, and shall hold annually four sessions, the first of which to commence as follows, to wit, in the districts of New York and of New Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third, Tuesdays of December next; and the other three sessions, progressively, in the respective districts, on the like Tuesdays of every third calendar month afterwards; and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday in December, of each and every year, commencing December next; and the district judge shall have power to hold special courts at his discretion. The stated district courts shall be held at the places following, to wit: in the district of Maine, at Portland and Pownalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, be (ACT of September 24th, 1789.) ginning at the first; in the district of Pennsylvania, at Philadelphia and York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charleston; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first: and the special courts shall be held at 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 at such other place, in the district, as the nature of the business and his discretion shall direct. And, in the districts that have but one place for holding the district court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint. [Alterations have been made by subsequent acts, as to the districts printed above in italics, see infra, 53, 98, 100, 106, 109, 110, 90, &c.] SEC. IV, [Classes the districts into three circuits. Altered; see Infra, 65.] 4. SEC. V. [The times for holding circuit courts prescribed. See Infra, 65.] And the sessions of the said circuit court shall be held in the district of New Hampshire, at Portsmouth and Exeter alternately, beginning at the first; in the district of Massachusetts, at Boston; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first; in the district of New Jersey, at Trenton; in the district of Pennsylvania, alternately at Philadelphia and York Town, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburgh, beginning at the first; in the district of South Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall have power to hold special sessions for the trial of criminal causes at any other time, at their discretion, or at the discretion of the supreme court. The parts of this Sec. in italics have been altered; Infra, 55.] 5. SEC. VI. The supreme court may, by any one or more of its justices, being present, be adjourned from day to day, until a quorum be convened; and a circuit court may also be adjourned from day to day by any one of its judges, or if none are present, by the marshal of the district, until a quorum be convened; and a dis (ACT of September 24th, 1789.) trict court, in case of the inability of the judge to attend at the commencement of a session, may, by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the said marshal to such day, antecedent to the next stated session of the said court, as in the said order shall be appointed; and in case of the death of the said judge, and his vacancy not being supplied, all process, pleadings, and proceedings, of what nature soever, pending before the said court, shall be continued of course, until the next stated session, after the appointment and acceptance of the office by his successor. do so 6. SEC. VII. The supreme court, and the district courts, shall have power to appoint clerks for their respective courts; and the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B. being appointed clerk of lemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings, of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities, and understanding. So help me God." Which words, 66 so help me God," shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the supreme and district courts respectively,) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations, of the court of which he is clerk. 7. SEC. VIII. The justices of the supreme court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit; " I, A. B. do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as cording the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God." ac 8. SEC. IX. The district courts shall have, exclusively of the courts of the several states, cognizance of all crimes and offences, that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade, of the United States, where the seizures are made on waters which are navigable from the sea (ACT of September 24th, 1789.) by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas; [Infra, 124.] saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it: and shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations, or a treaty of the United States. And shall also have cognizance, concurrent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction, exclusively of the courts of the several states, of all suits against consuls, or vice consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes, except civil causes of admiralty and maritime jurisdiction, shall be by jury. 9. SEC. XI. The circuit courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law, or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts, of the crimes and offences cognizable therein. But no person shall be arrested in one district for trial in another, in any civil action, before a circuit, or district court. And no civil suit shall be brought, before either of said courts, against an inhabitant of the United States, by any original process, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ; nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts, under the regulations and restrictions herein after provided. 10. SEC. XII. If a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state, and the matter in dispute ex |