4 Feb. 1819 3 1. 3 Stat. 478.

established.

4. So much of the state of Virginia as is situate west of the summit of the mountains which separate the waters emptying into the Chespeake bay and Roanoke river from the Western district waters which fall into the Ohio river, shall be one judicial district; and there shall be a district court therein, to consist of one judge, who shall reside in the said district, and be called a district judge, and annually hold six sessions, as follows: (a) [at Clarksburg, on the fourth Mondays of March and September; at Lewisburg, on the second Mondays of April and October; and at Wythe Court-house, on the first Mondays of May and November.]

Ibid. 32.

Circuit court powers.

Ibid. 23.

26 May 1824

4 Stat. 48.

enlarged.

1.

5. The said court shall, besides the ordinary jurisdiction of a district court, have juris diction of all causes, except of appeals and writs of error, cognisable by law in a circuit court, and shall proceed therein in the same manner as a circuit court; and writs of error shall be from decisions therein to the supreme court, in the same manner as from circuit courts. (b)

6. That there shall be a clerk appointed for the said court; and that a district attorney and marshal be appointed for the said district, in like manner as in other judicial districts.

7. The following counties in the state of Virginia shall cease to be a part of the eastern judicial district of Virginia, and shall be added to and form a part of the western Western district district, that is to say: the counties of Botetourt, Rockbridge, Allegheny, Bath, Pendleton, Augusta, Rockingham, Shenandoah, Frederick, Jefferson, Berkley, Morgan, Hampshire and Hardy; and, in addition to the terms of the district court now holden in the western district, the judge of the said western district shall hold two terms in each year, at Staunton, in the county of Augusta.(c)

Ibid. 3.

8. If the judge shall not attend on the first day of any court, such court shall stand Adjournment for adjourned, from day to day, for three days if the same cause continue; after which time, Don-attendance if the judge still fail to attend, the court shall stand adjourned until the first day of the

of the judge.

Ibid. 24.

next term.

9. The judge of said court shall have power to hold special sessions, at his discretion, Sp. cial sessions. at either of the said places, for the trial of civil or criminal cases.

2 March 1838 2. 5 Stat. 212.

holden at Rich

10. The terms of the district court of the United States for the eastern district of Virginia, which are now directed by law (d) to commonce on the fifteenth day of May and When court to be the fifteenth of November, in each year, shall hereafter commence on the twelfth day of May and the twelfth day of November, in each year: Provided nevertheless, That whenever the day on which the terms of either of the said circuit or district court, as herein provided for, shall happen to be Sunday, then the term of said court shall commence on the following day.

mond.

28 March 183821. 5 Stat. 215. Circuit court powers restored in the western district.

Ibid. 2 3.

11. That so much of the third section of the act entitled "An act supplementary to the act entitled 'An act to amend the judicial system of the United States,'" approved March 3d 1837, as repeals all former acts or parts of acts, conferring circuit court jurisdiction on certain district courts therein named, be and the same is hereby repealed, so far as relates to the courts of the western district of Virginia; and that the district courts of said district exercise the same jurisdiction with which they were invested previous to the passage of said act.

12. Appellate jurisdiction from the judgments or decrees of the said district courts of Appellant juris- the western district of Virginia, as now authorized by law, shall be exercised by the said diction of circuit circuit court at Lewisburg.

court.

12 April 1844 1.

13. The spring term of the district court of the United States for the eastern district 5 Stat. 655. of Virginia, which is now directed by law to commence on the first day of May in the Spring sessions at borough of Norfolk, shall hereafter commence on the thirtieth day of May in each year: Norfolk changed. Provided, That whenever the day on which the term of said court is herein provided for shall happen to be on Sunday, then the term of said court shall commence on the following day.

26 June 1856 2 1. 11 Stat. 23.

Terms of the

western district.

14. Instead of the times now prescribed by law for holding the courts of the United States in the western district of Virginia, the said courts shall hereafter be held annu ally at Clarksburg, on the twenty-fourth days of March and August; at Wheeling (e) on the sixth days of April and September; at Charleston (g) on the nineteenth days of April and September; at Staunton on the first days of May and October; and at Wythe Court-house on the fourth Mondays of May and October; and all suits, actions and proceedings of whatever kind now depending in or returnable to said courts respectively shall be taken to be continued or returnable to the terms herein established.

15, 2 Stat. 165. For the time of holding the courts in the eastern district, see infra, 10, 13. By act 29 April 1802 26. the clerk is to reside and keep the records at Norfolk. 2 Stat. 166.

(a) See infra, 14. for the times and places of holding the courts in the western district.

(These circuit court powers were taken away by act 3 March 18373, 5 Stat. 177; but restored, infra, 11.

(c) See infra, 14.

(d) By act 3 March 1827. 4 Stat. 239.

(e) An annual session was directed to be holden at Wheeling by act 26 August, 1842. 5 Stat. 534. Two, by act 20 January 1843. Ibid. 597.

(g) The court was transferred from Lewisburg to Charleston, by act 29 August 1842. 5 Stat. 547.

III. COLLECTION DISTRICTS.

1 Stat. 634.

trict.

15. In the state of Virginia there shall be eleven districts, to wit: Hampton, as one 2 March 17992 11. port; Norfolk and Portsmouth, as one port; Bermuda Hundred and City Point, as one port; Yorktown; Tappahannock; Yeocomico River, including Kinsale; Dumfries, includ- Hampton dising Newport; Alexandria; Folly Landing; Cherrystone; and South Quay. (a) The authority of the officers at Hampton shall extend over all the waters, shores, bays, harbors and inlets between the south side of the mouth of York river, along the west shore of Chesapeake Bay, to Hampton, and thence up the northern side of James river, to the east side of Chickahominy river; and a collector for the district shall be appointed, to reside at Hampton, which shall be the sole port of entry.

16. To the district of Norfolk and Portsmouth shall be annexed Suffolk and Smith- Norfolk and Portsmouth. field, as ports of delivery only; and the authority of the officers of the district shall extend over all the waters, shores, bays, harbors and inlets comprehended within a line drawn from Cape Henry to the mouth of James river, and thence up the south side of James river to Hood's, inclusively, and up Elizabeth river to the highest tide water thereof; and Norfolk and Portsmouth shall be the sole port of entry; and a collector, naval officer and surveyor for the district shall be appointed, to reside at Norfolk; also a surveyor, to reside at each of the ports of Suffolk and Smithfield.

dred.

17. To the district of Bermuda Hundred, or City Point, (b) shall be annexed Rich- Bermuda Hun mond, Petersburg and Manchester, as ports of delivery only; and a collector and surveyor shall be appointed for the said district, to reside at Bermuda Hundred, or City Point, which shall be the sole port of entry; also a surveyor for Petersburg, to reside thereat; and a surveyor for Richmond and Manchester, to reside at Richmond; and the authority of the officers of the said district shall extend over all the waters, shores, bays, harbors and inlets comprehended between Hood's on the southern side of James river and the highest tide water on James and Appamatox rivers, and on the northern side of James river from the highest tide water to the eastern bank of Chickahominy river.

18. To the district of Yorktown shall be annexed West Point and Cumberland as ports Yorktown. of delivery only; and a collector for the district shall be appointed, to reside at Yorktown, which shall be the sole port of entry; also a surveyor for the two ports of delivery, to reside at West Point; and the authority of the officers of the said district shall extend over all the waters, shores, bays, harbors and inlets comprehended between the point forming the south shore of the mouth of Rappahannock river, and the point forming the south shore of the mouth of York river, and thence up the said river to West Point, and thence up Pamunkey and Mattapony rivers to the highest navigable waters thereof. 19. To the district of Tappahannock shall be annexed Urbanna, Port Royal and Tappahannock, Fredericksburg, (including Falmouth) as ports of delivery only; and a collector for the district shall be appointed, to reside at Tappahannock, which shall be the sole port of entry; also a surveyor for each of the ports of Urbanna, Port Royal and Fredericksburg; and the authority of the officers of the said district shall extend over all the waters, shores, harbors, bays and inlets comprehended between Smith's Point at the mouth of the Potomac river, and the point forming the south shore of the mouth of Rappahannock river, and thence up the last-mentioned river to the highest tide water thereof.

20. The district of Yeocomico River, including Kinsale, shall extend from Smith's Yeocomico River. Point, on the south side of Potomac river, to Boyd's Hole, on the same river, including all the waters, shores, bays, harbors, creeks and inlets along the south shore of Potomac river to Boyd's Hole aforesaid; and Yeocomico, including Kinsale, shall be the sole port of entry; and a collector for the district shall be appointed, to reside on Yeocomico river.

21. The district of Dumfries, including Newport, shall extend from Boyd's Hole to Dumfries. Cockpit Point, on the south side of Potomac river; and a collector for the district shall be appointed, to reside at Dumfries, which shall be the sole port of entry; and the authority of the officers of this district shall extend over all the waters, shores, bays, harbors, creeks and inlets comprehended between Boyd's Hole and Cockpit Point aforesaid.

22. For the district of Alexandria shall be appointed a collector and surveyor, to Alexandria. reside at Alexandria, which shall be the sole port of entry; and the authority of the officers of the said district shall extend over all the waters, shores, bays, harbors, creeks and inlets on the south side of the river Potomac, from the last-mentioned Cockpit Point to the highest tide water of the said river.

(a) By act 7 May 1822 3 2, the districts of Dumfries and Yeocomico were annexed to the district of Tappahannock; and the district of Hampton and South Quay, to that of Norfolk and Ports mouth; and each of the districts so annexed was thereby abolished: and made an 1 constituted a part of the district to which it was annexed, and established a port of delivery. 3 Stat. 693. By act

15 June 1844, the district of Folly Landing was abolished and
annexed to Cherrystone; but a port of delivery was thereby
established, at or near Folly Landing, to which the president was
authorized to appoint a surveyor. By the same act South Quay
was discontinued as a port of delivery. 5 Stat. 664.
(b) See infra, 26.

2 March 1799

Folly Landing.

Cherrystone.

South Quay.

10 May 1800 24. 2 Stat. 68

Petersburg.

Richmond.

Collectors.

Surveyors.

Ibid. 5. Vessels bound up James river to deliver manifest

spector.

23. For the district of Folly Landing shall be appointed a collector, who shall reside at Accomack Court-house, and whose authority shall extend over all the waters, shores, bays, harbors and inlets of the county of Accomack.

24. For the district of Cherrystone shall be appointed a collector, to reside at Cherrystone, whose authority shall extend over all the waters, shores, bays, harbors and inlets comprehended within Northampton county.

25. For the district of South Quay a collector shall be appointed, to reside thereat, whose authority shall extend over all the waters, shores, bays, harbors and inlets in that part of the state of Virginia to the southward of the district of Norfolk, and not included in said district, comprehended within the limits of the said state.

26. The district of Bermuda Hundred and City Point as at present constituted, in the state of Virginia, shall be called the district of Petersburg, to comprehend Petersburg, City Point and all the waters, shores, bays, harbors and inlets of James river, from Hood's and the junction of Chicahoming to the junction of the James and Appamattox rivers, and from thence to the highest tide water of Appamattox, and also the Chicahoming to its highest tide water mark; and the port for the said district hall extend from Petersburg to City Point. And another district shall be formed, to be called the district of Richmond, to comprehend Richmond, and Manchester and Bermuda Hundred, and all the waters, shores, bays, harbors and inlets of James river from Bermuda Hundred, including the harbor thereof, to the highest tide water of James river; and the port shall extend from Richmond and Manchester to Bermuda Hundred. The office of collector for the district of Petersburg shall be kept in the town of Petersburg; and a collector shall be appointed for the Richmond district, whose office shall be kept in the city of Richmond; and the surveyors within those two districts shall continue to reside at the places at present established by law.

27. The master of any ship or vessel, bound to any district of James river above Sewal's Point, shall, before he pass by the said point, and immediately after his arrival either at the same or at Hampton Road, deposit with the collector of the port of Norfolk and receive in- and Portsmouth, or of Hampton, a true manifest of the cargo on board such ship or vessel; (a) and the said collector shall, after registering the manifest, transmit the same duly certified to have been so deposited, to the officer with whom the entries are to be made; and the said collector may, whenever he shall judge it to be necessary for the security of the revenue, put an inspector of the customs on board any such ship or vessel, to accompany the same until her arrival at the first port of entry or delivery in the district Penalty for neg to which such ship or vessel may be destined. And if the master or commander of any such ship or vessel shall neglect or omit to deposit a manifest in manner as aforesaid, or shall refuse to receive an inspector of the customs on board, as the case shall require, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit, one half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district to which the said ship or vessel may be bound.

leet.

8 March 1801

2 Stat. 116.

with goods consigned to both districts.

1.

28. The master or commander of any ship or vessel arriving within the districts of Petersburg or Richmond, laden with goods, wares and merchandise belonging or conEntry of vessels signed to persons resident within both the said districts, shall make entry of such ship or vessel, in manner already prescribed by law, with the collector of that district wherein the owner or consignee, or the husband or acting manager of such ship or vessel, shall actually reside; and the said master or commander shall, at the time of making the entry aforesaid, deliver a duplicate manifest of the cargo, as now required by law, to the said collector, whose duty it shall then be to certify the same as a true copy, and to transmit it to the collector of the other district; and the delivery of such goods, wares or merchandise shall be authorized by permits from the collector of each district, respectively, in which the same shall have been duly entered according to law: Provided, That no bonâ fide importer, owner or consignee of goods, wares or merchandise, residing in either district, shall be admitted to make an entry of such goods, wares or merchandise with the collector of the district in which such importer, <wner or consignee shall not reside: And provided also, That all entries for goods, wares or merchandise, made by agents for persons residing in other districts, shall be made with the collector of the district in which such ship or vessel may discharge.

1 May 1802 & 1. 2 Stat. 181.

River.

29. A district shall be formed from the district of Yorktown in Virginia, to be called the district of East River, (b) which shall comprehend the waters, shores, harbors and inlets District of East of North and East river, and Mobjack bay, and all other navigable waters, shores, harbors and inlets within the county of Mathews, in said state; and it shall be lawful for the president of the United States to designate a proper place to be port of entry and delivery within the said district; and to appoint a collector and surveyor of the customs (b) Abolished and annexed to Yorktown, by act 15 June 1814. 5 Stat. 664.

(a) But see infra, 32–4.

to reside and keep their offices thereat, who shall be entitled to receive, in addition to 1 May 1802. the fees and other emoluments established by law, the annual salary of two hundred dollars each.

30. That a surveyor be appointed to reside at or near the mouth of the Rappahannock 2 March 1811 § & river, at such place as the president of the United States shall designate.

2 Stat. 658.

4 Stat. 44.

31. Any ship or vessel, owned by, or consigned to, any person or persons in the collec- 26 May 1824 § 1. tion district of Richmond, and which shall be loaded, in whole or in part, in the district of Petersburg, by such owner or owners, consignee or consignees, may be cleared out Clearance of ves by the collector of the district of Richmond, on application of the owner, consignee or Richmond but captain of such ship or vessel: [Provided, That the entire cargo shall be bonâ fide taken loaded in Petersor shipped from the district of Richmond.](a)

sels owned in

burg.

4 Stat. 382.

32. From and after the passage of this act, it shall not be necessary for any vessel 23 March 1830 3 1. bound up James river, in the state of Virginia, to stop in Hampton Roads, to deposit a manifest with the collector at Norfolk.

Ibid. 2.

Master of reve

33. It shall be the duty of the master of the revenue cutter on that station, under the orders of the secretary of the treasury, to board all such vessels, to indorse their manifests, and to place an officer on board of each vessel bound up James river, having a cargo nue cutter to infrom a foreign port.

dorse manifest of vessel bound up

Ibid. § 3

34. Whenever there shall be no revenue cutter on that station for the purpose of James river. boarding vessels, or when the state of the weather may be such as to render it impracticable to send an officer on board any vessel bound up James river, having a cargo from Or copy may be deposited with a foreign port, the captain is hereby authorized and directed to deposit, with the surveyor surveyor. at Hampton, a copy of the manifest of the cargo on board said vessel.

1 Stat. 49.

1. There shall be an executive department to be denominated the department of 7 Aug. 1789 3 1. war; and there shall be a principal officer therein, to be called the secretary for the department of war, who shall perform and execute such duties as shall from time to Secretary of war. time be enjoined on or intrusted to him by the president of the United States, agreeably to the constitution, relative to military commissions, or to the land [or naval] fcrces, His duties. ships or warlike stores of the United States, or to such other matters respecting military [or naval] affairs, as the president of the United States shall assign to the said department, [or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs;] and furthermore, the said principal officer shall conduct the business of the said department in such manner as the president of the United States shall from time to time order or instruct.

2. The secretary for the department of war, to be appointed in consequence of this Tbid. 4. act, shall forthwith after his appointment, be entitled to have the custody and charge of To have charge of all records, books and papers in the office of secretary for the department of war, here- the records of the tofore established by the United States in congress assembled.

department.

2 Stat. 817.

reference to sup

3. The secretary for the war department shall be and he is hereby authorized and 3 March 1813 § 5. directed to define and prescribe the species as well as the amount of supplies to be respectively purchased by the commissary-general's and quartermaster-general's depart- His duties in ments, and the respective duties and powers of the said departments respecting such plies, &c. purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations be intrusted with the same. And the secretary aforesaid is also authorized to fix and make reasonable allowances for the store rent, storage and salary of storekeepers necessary for the safe-keeping of all military stores and supplies.

(a) This proviso is repealed by act 28 May 1830. 4 Stat. 414.

2 March 1849. 9 Stat. 418.

To furnish arms

4. That the secretary of war be and he is hereby authorized, at his discretion, and having due regard to the necessities of the public service, to furnish to such persons as may apply for the same, and who design to emigrate to the territories either of Oregon, California or New Mexico, such arms and ammunition, from the army stores, as they may require to arm themselves for such expedition: Provided, That the arms and ammu nition so furnished shall not exceed a supply sufficient to arm and equip each person of To be paid for at such expedition: And provided further, That before the same are delivered, the actsa

and ammunition to emigrants to Oregon, California or New Mexico.

cost.

7 Aug. 1789 2. 1 Stat. 50.

Duties of the chief clerk.

Ibid. § 3.

cost to the government of such arms and ammunition shall first be paid to the United States; and that the secretary of war shall be satisfied that the persons so applying really and bonâ fide design them for the use aforesaid.

II. OFFICERS OF THE WAR DEPARTMENT.(a)

5. There shall be in the said department an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed from office by the president of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department.(b)

6. The said principal officer, and every other person to be appointed or employed in All officers to be the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.(c) III. MISCELLANEOUS PROVISIONS.

sworn.

moneys in ad

8 March 1813 ¦ ↑ 7. The officers, agents, other persons who may receive moneys in advance from the 2 Stat. 817. war department, shall render quarterly accounts to the accountant of the said departParties receiving ment, of their specie receipts and disbursements, and shall moreover make such other vance to account monthly summary statements thereof to the secretary for the said department, as he may prescribe. And the quarterly accounts of supplies or of moneys, rendered as aforesaid, shall be respectively settled by the superintendent-general of military supplies, and by the accountant of the war department, according to their respective authorities, within three months after the time when such accounts shall have respectively been rendered to them.

quarterly.

9 May 1836 1. 5 Stat. 27.

8. That the authority claimed under the acts approved March 28th 1812, and May 22d 1812, or by any other act, for the employment of non-commissioned officers, or the Non-commission- appointment of extra clerks in any of the offices of the war department, be and the be employed as same are hereby repealed: Provided however, That where express appropriations are made by law, for the employment of clerks, such employment shall not be deemed to be extra, within the meaning of the above act.

ed officers not to

clerks, &c.

Washington Territory.

I. TERRITORIAL GOVERNMENT.

[See TERRITORIES.]

the peace. Clerks of district courts. Errors and appeals. Clerk

1. Territory of Washington. Indian rights not to be impaired. of supreme court. Jurisdiction of supreme court of the United Title to mission lands confirmed.

2 March 1853 § 1.

Territory of
Washington.

I. TERRITORIAL GOVERNMENT.

1. That all that portion of Oregon territory lying and being south of the forty-ninth 10 Stat. 172. degree of north latitude, and north of the middle of the main channel of the Columbia river, from its mouth to where the forty-sixth degree of north latitude crosses said river, near Fort Wallawalla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized into and constitute a temporary government (a) See tit. "Clerks," 8, 12, 13. (c) See tit. "Departments," 1.

(b) See tit. "Departments," 2.