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25 July 1861.
2 March 1867 87. 14 Stat. 517.
29 July 1861 8 7.
12 Stat. 282.
25 Feb. 1867 1. 14 Stat. 410.
1. Districts of Oxford and Vienna abolished.
2. Oxford annexed to Baltimore. Eastern district.
Ibid. § 3.
shall be subjected, under the direction of the secretary of the navy, to an examination as to their qualifications for the service to which they are to be appointed.
5. The commandant of the marine corps shall have the rank and pay of a brigadiergeneral of the army.
28 Feb. 1865 3 1. 13 Stat. 441.
Ibid. § 2.
1. Marshals to have the powers of sheriffs.
1. The marshals of the several districts of the United States, and their deputies, shall have the same powers in executing the laws of the United States, as sheriffs and their deputies in the several states have by law in executing the laws of the respective
2. The district of Oxford, in said state, shall be annexed to the district of Baltimore; Oxford annexed and all that part of the district of Vienna, in said state, bordering on the sea-coast, and
all the waters which flow into the sea or bays on the east side of said district of Vienna, be and the same are hereby annexed to the district of Cherry-Stone, in the state of Virginia; and that all the residue of said district of Vienna be and the same is hereby made Eastern district. a new district, to be called the eastern district, and that the collector of said eastern
28 June 18641.
13 Stat. 201. Certain acts of congress repealed.
1. That the districts of Oxford and Vienna, in the state of Maryland, be and the same are hereby abolished, and the office of collector of both said districts is hereby discontinued.
1. Office of naval officer at Salem and Beverly abolished.
2. Office of surveyor at Beverly abolished.
3. Certain offices abolished.
district shall receive an annual salary of twelve hundred dollars, and shall reside at Crisfield, which shall be the port of entry for said new district.
3. The offices of surveyor at Snow Hill, and of deputy-collector at Annamasset and Deal's Island, be and the same are hereby discontinued.
1. Certain acts of congress repealed.
2. Carrying of sheath knives prohibited.
3. Salary of surveyor of Salem and Beverly.
1. That the office of naval officer for the district of Salem and Beverly, in the state of Massachusetts, be and the same is hereby abolished.
2. That the office of surveyor for said district, to reside at Beverly, be and the same is hereby abolished.
3. The salary of surveyor of said district shall hereafter be four hundred dollars per
3. Duties of masters in shipping seamen.
1. That so much of an act entitled "An act for the regulation of seamen on board the public and private vessels of the United States," approved the third of March 1813, (a) as makes it not lawful to employ on board any of the public or private vessels of the United States any person or persons except citizens of the United State or persons of color, natives of the United States; and so much of the 3d, 5th, 6th and 7th sections of "An act concerning the navigation of the United States," approved the first of March 1817, (b) as concerns the crews of vessels therein named; and so much of the first section of an act entitled "An act to repeal the tonnage duties upon ships and vessels of the United States and upon certain foreign vessels," approved the 31st of May 1830, (c) (a) 1 vol. 604, pl. 5. (b) 1 vol. 285, pl. 8; 652, pl. 5-7.
(c) 1 vol. 652, pl. 9.
as makes discrimination in favor of vessels certain proportions of whose crews shall be citizens of the United States, shall be and the same are hereby repealed: Provided, however, That officers of vessels of the United States shall in all cases be citizens of the United States. (a)
14 Stat. 304.
2. The existing regulation for the government of the navy of the United States, pro- 27 July 1866 8 1. hibiting the wearing of sheath-knives on shipboard, is hereby extended and made applicable to all seamen in the merchant service.
3. It shall be the duty of the master or other officer in command of any ship or vessel Ibid. 2. registered, enrolled or licensed under the laws of the United States, and of the owner or Duties of masters other person entering into contract for the employment of a seaman or other subordi- in shipping seanate upon any such ship or vessel, to inform every person offering to ship himself of the provisions of this law, and to require his compliance therewith, under a penalty of fifty dollars for each omission, to be sued for and recovered in the name of the United States of America, under the direction of the secretary of the treasury, one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen.
28 June 1864.
12. Judge of western district.
13. District attorney and marshal.
14. Where transitory actions to be brought.
15. Calhoun and Branch counties annexed to the eastern district.
16. Pending causes not to be affected.
III. COLLECTION DISTRICTS.
17. Port of entry established at Sault Ste. Marie instead of Michilimackinack.
18. District of Port Huron. District of Michigan.
19. Boundaries of district of Michigan.
20. District of Superior.
21. Port Hurou to be called district of Huron.
I. LAND OFFICES.
1. That all that part of the present Cheboygan district, in the state of Michigan, which lies south of the line dividing townships twenty-eight and twenty-nine north, and east of the line dividing ranges two and three west, shall be attached to and form a part of the present Saginaw district; and all that part of the said Cheboygan district which lies north of the line dividing townships twenty-eight and twenty-nine north, enlarged. and east of the line dividing ranges [one and two] west, including the island of Mackinac, be attached to and form a part of the Detroit district, in said state.
enlarged. Detroit district
11 Stat. 370.
2. That an error in the act approved May 11th 1858, entitled “An act to enlarge the 2 June 1858 2 1. Detroit and Saginaw land districts in the state of Michigan," be corrected, by extending the limits of that portion of the Cheboygan district which has been attached to the De- Boundaries cortroit district, to the line dividing ranges two and three west, instead of one and two west, the former being the line intended by the department as the western boundary of the addition to the Detroit district.
11 May 1858 § 1.
11 Stat. 286.
12 Stat. 567.
3. That all that portion of the present Cheboygan district, in the state of Michi- 16 July 1862 ₫ 1. gan, lying west of Lake Michigan and south of the line dividing townships forty-one and forty-two north, including Saint Martin's and the adjacent islands near the entrance to Big Bay De Noc, now forming a part of the present Cheboygan district, and subject to sale at Traverse City, in said state, be and the same is hereby attached to the Lake Superior district, and the lands therein be subject to sale and entry at the site of the land office for said district.
Lake Superior district enlarged.
II. CIRCUIT AND DISTRICT COURTS.
12 Stat. 574.
4. In addition to the courts now provided by law to be held in the district of Michi- 14 July 1802 ? 1. gan, a general term of the circuit court of the United States for said district of Michigan shall be held annually at the court-room in the city of Detroit, on the second Monday Term of circuit of February; and all writs, bills, pleas, suits, appeals, recognisances, indictments and all other proceedings, civil and criminal, shall be proceeded with at said term, in like manner as now at the June and October terms of said court.
court at Detroit.
12 Stat. 607.
5. Instead of the terms now fixed by law, the circuit and district courts of the United 21 Feb. 1863 2 1. States for the several districts composing the seventh judicial district shall hereafter be held as follows: Michigan.-At Detroit, for the district of Michigan, on the first Tues- Terms of circuit days in June, November and March in each year. And all recoguisances, indictments courts.
(a) This proviso was not intended to disqualify aliens from becoming engineers or pilots on American steam-vessels carrying passengers. 11 Opin. 488.
21 February 1863. or other proceedings, civil and criminal, now pending in either of said courts, shall be entered and have day in court, and be heard and tried, according to the times of holding said courts as herein provided.
6. That the state of Michigan be and the same is hereby divided into two judicial districts, in the following manner, namely: the eastern and western districts. The State divided into western district shall embrace all the territory and waters within the following bounda
judicial districts. Western district.
ries, to wit: commencing at the south-west corner of Hillsdale county, in the state of Michigan, and running from thence north, on the west line of said county, to the south line of Calhoun county; thence east, on the south line thereof, to the south-east corner of said last-named county; thence north, on the east boundary of said county, to the south line of Eaton county; thence east, on said south line, to the south-east corner of Eaton county; thence north, on the east boundary of Eaton county, to the south line of Clinton county; thence west, on the south boundary of said county, to the south-west corner thereof; thence north, on the west boundary of Clinton and Gratiot counties, to the south boundary of Isabella county; thence west, on its south boundary, to the southwest corner of said last-named county; thence north, on the west line of Isabella and Clare counties, to the south boundary of Missaukee county; thence east, on its south boundary, to the south-east corner of Missaukee county; thence north, on the east line of Missaukee, Kalcasca and Antrim countries, to the south boundary [of] Emmet county; thence east to the south-east corner of Emmet county; thence north, on the east boundary of Emmet county, to the Straits of Mackinac; thence north to midway across said straits; thence westerly, in a direct line, to a point on the shore of Lake Michigan, where the north boundary of Delta county reaches Lake Michigan; thence west, on the north line of Delta county, to the north-west corner of said Delta county; thence south, on the west boundary of said county, to the dividing line between the states of Michigan and Wisconsin in Green Bay; thence north-easterly, on the said dividing line, into Lake Michigan; and thence southerly, through Lake Michigan, to the south-west corner of the state of Michigan, on a line that will include within said boundaries the waters of Lake Michigan within the admiralty jurisdiction of the state of Michigan; thence east, on the south boundary of the state of Michigan, to the intersection of the west line of Hillsdale county; the judicial centre of which district shall be at Grand Rapids, in the county of Kent, where the courts of said district shall be held. The Eastern district. eastern district shall embrace all the other territory of the state of Michigan and all
24 Feb. 1863 1. 12 Stat. 660.
Ibid. 2. Terms of the district courts.
Ibid. 2 3. Trial of pending
Removal of records.
Ibid. 24. Removal of pending causes.
other waters of said state not embraced within the foregoing boundaries of said western district; the judicial centre of said eastern district shall be at Detroit, in the county of Wayne, where the courts of said district shall be held.
7. There shall be two terms of the circuit and district courts begun and held in each of said districts, to wit: at the city of Detroit, for the eastern district, on the first Tuesday in June, November and March in each year; and at the city of Grand Rapids, for the western district, on the third Monday of May and third Monday of October in each year. And the said courts are hereby authorized to hold adjourned terms when the business before the courts shall, in the opinion of the court, require it.
8. All suits and other proceedings, of whatever name or nature, now pending in the circuit or district courts of the United States for the district of Michigan, shall be tried and disposed of in the circuit and district courts respectively, for the eastern district of Michigan, in the same manner as the same would have been in case said state had not been divided into two districts; and for that purpose the jurisdiction is reserved to said courts in the eastern district. And the clerk of the circuit and district courts for the present district of Michigan shall remove the records and files of the said circuit and district courts to the city of Detroit, and do and perform all the duties appertaining to his office within the eastern district; and all process and other proceedings taken or issued, or made returnable to the circuit or district court for the present district of Michigan, shall be returnable at the next term of the said courts respectively, in the eastern district of Michigan.
9. Upon the application of any party to any suit now pending, which would have been commenced in the western district, if this act had been in force before the commencement of said suit, the proper court may, and if all parties consent, shall order that the same be removed for further proceedings to the proper court for the western district; and thereupon the clerk shall transmit all the papers in the cause, with a transcript of the order of the removal, to the clerk of the court to which the said suit shall be removed; and all further proceedings shall be had in said court as if the suit had been originally commenced therein.
10. That the present judge of the district of Michigan be and he is hereby assigned to hold said courts in the eastern district of Michigan, and shall exercise the same juris
diction and perform the same duties within said district, as he now exercises and per- 24 February 1863. forms within his present district.
Judge of eastern
11. Final process upon any judgment or decree entered in the circuit or district court district. of the United States for the district of Michigan, and all other process for the enforcement of any order of said courts respectively, in any cause now pending therein, except Final process in pending causes. causes removed as herein before provided, shall be issued from and made returnable to the proper court for the eastern district of Michigan, and may run and he executed by the marshal of said eastern district in any part of said state.
12. That there be appointed a district judge for the said western district of Michigan, Ibid. 27. who shall possess the same powers and do and perform all such duties in his district, as Judge of western are now enjoined or in any wise appertaining to the present district judge for the dis- district. trict of Michigan; and the district judge of each district shall be entitled to the same compensation as by law is provided for the present judge for the district of Michigan.
13. That there be appointed one person as district attorney, and one person as marshal for said western district, whose terms of appointment and service, as well as duties and emoluments, shall be the same with those respectively appertaining to the said and marshal. offices in the district of Michigan; and said marshal shall give the same bond that other marshals are required to give, to be approved and recorded as now directed by law: Provided, That the present district attorney of the district of Michigan shall be the district attorney of the eastern district, and retain the charge of all suits already commenced until final termination, unless the president of the United States shall otherwise direct; and the present marshal of the district of Michigan shall be the marshal of the eastern district, during their respective official terms.
14. All suits hereafter to be brought in either of said courts, not of a local nature, shall be brought in the court of the district where the defendant resides; but if there where transitory be more than one defendant, and they reside in different districts, the plaintiff may sue actions to be brought. in either, and send a duplicate writ against the defendants, directed to the marshal of the other district, on which an endorsement shall be made that the writ thus sent is a copy of a writ sued out of the court of the proper district; and the said writs, when executed and returned into the office from whence they issued, shall constitute one suit, and be proceeded in accordingly.
13 Stat. 143.
15. That the counties of Calhoun and Branch, in the state of Michigan, be and the 20 June 1864 ? 1. same are hereby detached from the western judicial district, and annexed to and made a part of the eastern judicial district of said state.
16. This act shall not in any manner affect any suit or proceeding now pending in the courts in the western judicial district of the state of Michigan, but the same shall be proceeded in and determined in said courts in the same manner as if this act had not been passed.
III. COLLECTION DISTRICTS.
12 Stat. 761.
17. That Michilimackinac, in the district of Michilimackinac, is hereby discon- 3 March 1863 § 4. tinued as a port of entry; and that the port of entry for the district be and is hereby established at Sault Ste. Marie, at which place the collector of the district shall reside, Port of entry at and a deputy-collector shall reside at Michilimackinac.
Sault Ste. Marie.
14 Stat. 32.
18. That a new collection district, to be called the district of Port Huron, (a) be 13 April 1866 & 1. and the same is hereby established in the state of Michigan, which shall embrace the mouth and entire shore of the Saint Clair river, and the counties of Saint District of Port Clair, Lapeer, Tuscola and Saginaw, and all the territory and waters of the state of Michigan lying north of said counties and east of the principal meridian; and a collector shall be appointed to reside at Port Huron, which shall be the sole port of entry for said district. And the said collector shall receive the same compensation provided for the collectors of Pembina, Chicago and certain other ports, by the second section of the act entitled "An act to regulate the foreign coasting trade on the northern, north-eastern and north-western frontiers of the United States, and for other purposes," approved June 17, 1864. (b) And all the territory and waters of the said state District of Michi of Michigan lying west of the said principal meridian, and not included in the district gan. of Michilimackinac, are hereby made a separate district, to be called the district of Michigan, for which a collector, with the same compensation as above provided for the collector of Port Huron, shall be appointed, to reside at Grand Haven, which shall be the sole port of entry for said district of Michigan.
15 Stat. 78.
19. The collection district of Michigan shall be extended so as to embrace all the 25 June 1868 ? 1. territory and waters of the state of Michigan lying west of the principal meridian and south of the latitudinal line dividing townships number forty-three from townships Boundaries of number forty-four, north of the base line of said state, excluding the territory bordering gan. Green Bay and including the island of Bois Blanc.
district of Michi
(a) See infra 21.
(b) Tit. "Imports and Exports," 5.
25 June 1868 2. District of Superior.
20. The collection district of Michilimackinac shall hereafter be called the district of Superior, and shall embrace all that part of the upper peninsula of the state of Michigan lying east of the principal meridian, all the islands in, and bordering upon, the Sainte Marie river, and all that part of the state of Michigan lying west of the principal meridian and north of the latitudinal line dividing townships number fortythree from townships number forty-four, north of the base line of the said state, including the territory in said state bordering Green Bay, together with all the islands, waters and shores of Lake Superior and the adjacent territory, unto the headwaters of all the rivers and streams tributary thereto, and within the jurisdiction of the United States. 21. The collection district of Port Huron, in the state of Michigan, shall hereafter be called the district of Huron.
1. President to provide for enrolling the militia. Apportionment.
2 March 1867 6. 14 Stat. 423.
17 July 1862 1. 1. Whenever the president of the United States shall call forth the militia of the
12 Stat. 597.
states, to be employed in the service of the United States, he may specify in his call the President to pro- period for which such service will be required, not exceeding nine months; and the
vide for enrolling the militia.
militia so called shall be mustered in and continue to serve for and during the term so specified, unless sooner discharged by command of the president. (a) If, by reason of defects in existing laws, or in the execution of them, in the several states, or any of them, it shall be found necessary to provide for enrolling the militia,(b) and otherwise putting this act into execution, the president is authorized in such cases to make all necessary rules and regulations; (c) and the enrolment of the militia shall in all cases Apportionment. include all able-bodied male citizens between the ages of eighteen and forty-five, (d) and shall be apportioned among the states according to representative population.
2. The militia, when so called into service, shall be organized in the mode prescribed by law for volunteers.
3. The act entitled "An act more effectually to provide for the national defence by establishing an uniform militia throughout the United States," approved May 8, 1792, Negroes to be en- and the several acts amendatory thereof, be and they are hereby amended by striking
rolled in the
out the word "white."
26 Feb. 1857 1. 11 Stat. 166. State government.
I. ADMISSION INTO THE UNION.
1. State government. Boundaries.
2. Concurrent jurisdiction on the Mississippi, &c. To be common highways.
3. Propositions. School lands. Grant for a university. Lands for public buildings. Salt springs. Five per cent. of proceeds of public lands for improvements.
4. Conditions. Not to interfere with the disposal of the publ lands. Public lands not to be taxed; nor lands of non-residents higher than those of residents.
5. Minnesota admitted into the Union.
II. CIRCUIT AND DISTRICT COURTS.
6. Laws of the United States extended to Minnesota. District court. Pending appeals.
2. When called into service, to be organized as volunteers. 3. Negroes to be enrolled in the militia.
(a) The state legislatures cannot constitutionally provide for the enrolment in the militia of any persons other than those enumerated in the act of congress of 8 May 1792 (1 vol. 619, pl. 1), 8 Am. L. R. 167, 172. 22 Law Rep. 477. If a person not liable to militia duty be enrolled, and do not claim his exemption of the commissioner of the proper district, but suffers himself to be mustered into the service, and remains therein for one month before instituting proceedings for his release, it is evidence of a voluntary submission to the draft. Commonwealth v. Rogers, 10 Pitts, L. J. 178. And see Stevens's Case, 24 Law Rep. 205.
(b) When a militiaman duly called into the military service of the United States, has disobeyed an order to attend at a rendezvous, his subjection to military discipline and organization is compellable by military force. McCall's Case, 20 Leg. Int. 108,
7. Terms of the court.
8. Session transferred from Preston to Mankato.
9. Terms of the circuit court.
10. Session transferred to Winona.
III. LAND OFFICES.
11. Two additional districts. western district. Location of offices.
12. Registers and receivers.
13. Sales of lands.
14. Boundaries of north-western district altered.
15. Boundary between north-eastern and north-western districts.
16. Additional land district.
17. Register and receiver.
I. ADMISSION INTO THE UNION.
1. That the inhabitants of that portion of the territory of Minnesota which is embraced within the following limits, to wit: beginning at the point in the centre of the main channel of the Red river of the North, where the boundary line between the United, States and the British possessions crosses the same; thence, up the main channel of
North-eastern district. North
292. A drafted militiaman called out under this act cannot pay a fine in lieu of service. Commonwealth v. Andress, 10 Pitts. L. J. 211.
(c) A man cannot be lawfully drafted, unless his name have previously been accurately enrolled. A misnomer in the enrolment vitiates the draft. McCall's Case, 20 Leg. Int. 108, 292, Affirmed in Robinson's Case, District Court. Penn., Cadwalader, J., 5 Sept. 1863. MS. Where the draft is void, it requires some new contract of service, voluntarily entered into, to make it binding. Commonwealth v. Bierer, 10 Pitts. L. J. 185.
(d) The order of the president, under this act, has all the force of an act of congress. Commonwealth v. Andress, 10 Pitts. L. J 211.