(ACT of March 30th, 1820.)

SEC. v. A marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall moreover be entitled to the sum of two hundred dollars annually as a compensation for all extra services.

ACT of February 10, 1820. Pamphlet edit. 6.

129. SEC. 1. The sessions of the court for the judicial district of Virginia west of the Allegheny mountain, instead of the times heretofore appointed, shall hereafter be holden annually as follows:-At Wythe court house on the first Mondays of May and October; at Lewisburg, on the second Mondays of May and October; and at Clarksburg, on the fourth Mondays of May and October; any law to the contrary notwithstanding.

ACT of March 4, 1820, Pamphlet edit. 12.

130. SEC. I. The circuit court in and for the district of Ohio shall, from and after the passage of this act, be held at Columbus, in said district, on the first Mondays of September and January, in each and every year; and all causes, actions, suits, process, pleadings, and other proceedings, of every description, that are, or shall be, existing or depending in the said circuit court shall be continued over and returnable to the said circuit court, to be held at Columbus, as aforesaid, and shall be proceeded with in due form of law.

SEC. 11. The district court, in and for the district of Ohio, shall, from and after the passage of this act, be held at Columbus, in said district, on the second Mondays of September and January, each and every year; and all causes, actions, suits, process, pleadings, and other proceedings of every description, that are or shall be existing or depending in the said district court, shall be continued over and returnable to the said district court, to be holden at Columbus as aforesaid, and shall be proceeded with in due form of law.

ACT of March 30, 1820. Pamphlet edit. 25.

An act establishing a circuit court within and for the district of Maine.

131. SEC. 1. From and after the passing of this act, the districts of Rhode Island, Massachusetts, New Hampshire, and Maine, shall constitute the First Circuit; and, in addition to the circuit courts now holden in said circuit, there shall be holden annually two circuit courts within and for said district of Maine, by the justice of the supreme court residing in said circuit, and by the district judge of Maine, at the times and places following, viz: One session of said court shall commence and be holdeu

(ACT of April 21st, 1820.)

at Portland, in said district, on the eighth day of May; and the other at Wiscasset, in said district, on the eighth day of October; and when either of said days shall happen to be Sunday, the session shall commence on the day next following; and when only one of the judges hereby directed to hold the said circuit courts shall be able to attend, such circuit courts may be held by the judge so attending.

SEC. 11. All acts, and parts of acts, granting said district court of Maine the powers and jurisdiction of a circuit court of the United States, are hereby repealed.

SEC. III. The circuit court by this act established in and for the district of Maine, shall have power to, and may, at its first session, take cognizance of, and proceed to act upon, hear, and decide all actions, causes, pleas, processes, matters, and things which have originated in said district court and which would by law be cognizable, and be heard and determined by the circuit court to be holden in the district of Massachusetts, if this act had never been made and passed.

SEC. IV. Those causes which have originated as aforesaid, in said district court, and have been entered at the circuit court in the district of Massachusetts, and are now pending therein, on error, appeal, or otherwise, shall be transferred to the circuit court by this act established, and entered, on the docket of the same at its first session, in order that the said causes may be heard and decided therein, in the manner provided by the third section of this act.

ACT of April 21, 1820.

Pamphlet edit. 42.

132. SEC. 1. All the laws of the United States, which are not locally inapplicable, shall be extended to the state of Alabama, and shall have the same force and effect within the same, as elsewhere within the United States.

SEC. II. The said state shall be one district, and be called the Alabama district: and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called the district judge. He shall hold, alternately, at the towns of Mobile and Cahaba, beginning at the first, four stated sessions annually; the first, to commence on the first Monday in April next, and the three other sessions, progessively, on the first Monday of every third calendar month thereafter. He shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act, entitled "An act to establish the judicial courts of the United States," and an act, entitled " An act in addition to the act, entitled "An act to establish the judicial courts of the United States," approved second March, one thousand seven hundred and ninetythree. He shall appoint clerks for the said district, who shall reside, and keep the records of the court, at the places of holding

(ACT of May 15th, 1820.)

the same; and shall receive, for the services performed by them, the same fees to which the clerk of the Kentucky district is entitled for similar services.

SEC. III. All causes, actions, indictments, libels, pleas, processes, and proceedings whatsoever, returnable, commenced, depending, or in any manner existing, in the general court, established by an act, entitled "An act to establish a separate territorial government for the eastern part of the Mississippi territory," by virtue of the federal jurisdiction by that act granted, are hereby transferred to the said district court, and may be proceeded in, shall exist, and have like incidents and effects, as if they had been originated, and been proceeded in, in the said district court.

SEC. IV. The dockets, books, records, and papers, belonging to the said general court, arising out of, and appertaining to, its federal jurisdiction, shall be transferred to, and become the dockets, books, records, and papers, of the said district court.

SEC. v. There shall be allowed to the judge of the said district court the annual compensation of fifteen hundred dollars, to commence from the date of his appointment, to be paid quarter year'y, at the treasury of the United States.

SEC. VI. There shall be appointed, in the said district, a person learned in the law, to act as attorney for the United States; who sal, in addition to his stated fees, be paid by the United States two hundred dollars annually, as a full compensation for all extra services.

SEC, VII. A marshal shall be appointed for the said district who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall moreover, be entitled to the sum of two hundred and fifty dollars annually, as a compensation for all extra services.

ACT of May 15, 1820.

Pamphlet edit. 99.

133.SEC. I. The terms of the district court for the western district of Pennsylvania, which are now directed by law to be holden on the first Mondays of the months of June and December, in each year, shall hereafter be holden, for the said district, on the first Monday in May, and second Monday in October, in each year.

SEC. 11. All actions, suits, process, pleadings, and other proceedings, commenced or pending in the said district court, shall be as good and valid to the said first Monday in May, and second Monday in October, in each year, as if this change had not been made, any law to the contrary notwithstanding.

SEC. 111. Appeals and writs of error shall lie from decisions in the said district court for the western district of Pennsylvania, when exercising the powers of a circuit court, to the supreme court of the United States, in the same manner as from circuit (ACT of May 15th, 1820.)

SEC. IV. There shall be allowed to the district attorney, and to the marshal of the said western district of Pennsylvania, and the northern district of New York, the yearly sum of two hundred dollars each, to commence from the twentieth day of April, one thousand eight hundred and nineteen, to be paid quarterly at the treasury of the United States.

ACT of May 15, 1820. Pamphlet edit. 114.

The act, entitled " An act to provide for reports of decisions of the supreme court," approved the third day of March, one thousand eight hundred and seventeen, is hereby continued in force for three years and no longer.

NOTES.

If a cause has been once remanded before, and the state court decline or refuse to carry into effect the mandate of the supreme court, thereon, the supreme court will proceed to a final decision of the same, and award execution thereon. 1 Wheaton, 304.

If the validity or construction of a treaty of the United States, is drawn in question, and the decision is against its validity, or against the title specially set up by either party under the treaty, the supreme court has jurisdiction to ascertain that title, and determine its legal validity, and is not confined to the abstract construction of the treaty itself id. ib.

The admiralty jurisdiction embraces all questions of prize and salvage, all maritime torts, contracts or offences in which the principles of the law and comity of nations, often form an essential inquiry. id. ib. 335.

The courts of this country have no jurisdiction to redress any supposed torts committed on the high seas, upon the property of its citizens by a cruiser regularly commissioned by a foreign and friendly power; except where such cruiser has been fitted out in violation of our neutrality. ib. 238.

A citizen of a territory cannot sue a citizen of a state in the courts of the United States, nor can those courts take jurisdiction by other parties being joined who are capable of suing; all the parties, on each side, must be subject to the jurisdiction, or the suit will be dismissed. ib. 91.

The jurisdiction of the circuit court having once vested between citizens of different states cannot be devested by a change of domicil of one of the parties, and his removal into the same state with the adverse party pendente tite. 2 Wheaton, 290.

The remedies in the courts of the United States, at common law and in equity are to be not according to the practice of the state courts, but according to the principles of common law and equity as distinguished and defined in that country from which we derive our knowledge of those principles. 3 Wheaton, 221.

Remedies in respect to real property, are to be pursued according to the lex loci rei sitœ. id. 219.

The grant to the United States, in the constitution, of all cases of admiralty and maritime jurisdiction, does not extend to a cession of the waters in which those cases may arise, or of general jurisdiction over the same; congress may pass all laws which are necessary, for giving the most complete effect to the exercise of the admiralty and maritime jurisdiction granted to the government of the union; but the general jurisdiction over the place, subject to this grant, adheres to the territory as a portion of territory not yet given away; and the residuary powers of legislation still remain in the state. id 389.

The circuit courts have chancery jurisdiction in every state. They have the same chancery powers, and the same rules of decision in all the states. 4 Wheaton, 115.

Since the adoption of the constitution of the United States, a state has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts within the meaning of the constitution. ART. 1. S. 10. And provided, there be no act of congress in force to establish a uniform system of bankruptcy conflicting with such law. ib. 122.

The act of New York passed passed April 3, 1811, (which not only liberates the person of the debtor, but discharges him from all liability to any debt contracted previous to his discharge) so far as it attempts to discharge the contract is a law impairing the obligation of contracts within the meaning of the constitution of the United States. id. 197.

It makes no difference in the application of this principle, whether the law was passed before, or after the debt was contracted. ib. 209.

In the absence of any act of congress on the subject, the courts of the United States, would have authority under the general law of nations, to decree restitution of property captured in violation of their neutrality, under a commission issued within the United States, or under an armament or augmentation of that armament, or crew of the capturing vessel, within the same. id. 311.