and answerable for the default of his principal in the same manner as if this act had not been passed, save to the extent to which his principal has performed the contract, or, if damages have been so recovered, to the extent of one-half of the damages so recovered and paid; which last amount may be shown in reduction of damages in any suit brought against the principal and surety, or principals and sureties, on their

contract.

2 March 1863.

14 Stat. 242.

1. The district court for the northern district of Georgia shall hereafter be held at 25 July 1866 1. Atlanta, instead of Marietta; and the clerk of said northern district is hereby required to remove all the books, papers and records belonging to his office from Marietta to Terms of the Atlanta.

2. All process made returnable to the court heretofore held at Marietta shall be taken and considered returnable to the court at Atlanta.

II. COLLECTION DISTRICTS.

northern district.

Ibid. 2.

12 Stat. 432,

3. The port of entry for the district of Brunswick, Georgia, shall be Brunswick; and 20 June 1862 1. Darien shall be abolished as the port of entry.

Ibid. 2.

4. There shall be a deputy-collector appointed, according to law, to reside at Darien, and to exercise such powers as the secretary of the treasury, under the revenue laws, Deputy-collector may prescribe.

at Darien.

Guano Islands.

1. Act prohibiting export of guano suspended.

14 Stat. 328.

1. So much of an act entitled "An act to authorize protection to be given to citizens 28 July 1866 § 3. of the United States who may discover deposits of guano," approved August 18, 1856, (a) as prohibits the export thereof, is hereby suspended in relation to all persons Act prohibiting who have complied with the provisions of section second of said act, for five years from suspended. and after the 14th day of July 1867.

export of guano

Habeas Corpus.

1. In what cases, the federal courts may issue writs of habeas compus. Petition. Return. Petitioner may traverse return. Return may be amended. Hearing. Penalty for refusing to obey

the writ, &c. Appeal. Proceedings, pending appeal, to be void. 2. Right of appeal to supreme court taken away.

1. The several courts of the United States, and the several justices and judges of such courts, within their respective jurisdiction, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States; (b) and it shall be lawful for such person so restrained of his or her liberty to apply to either of said justices or judges for a writ of habeas corpus, which application shall be in writing and verified by affidavit, and shall set forth the facts concerning the detention of the party applying, in whose custody he or she is detained, and by virtue of what claim or authority, if known; and the said justice or judge to whom such application shall be made shall forthwith award a writ of habeas corpus, unless it shall appear from the petition itself that the party is not deprived of his or her liberty in contravention of the constitution or laws of the United States. Said writ shall be directed to the person in whose custody the party is

5 Feb. 1867 1.

14 Stat. 355.

In what cases the may grant writs

federal courts

of habeas corpus. Petition.

virtue of a formal commitment or otherwise. Ex parte McDonald, 9 Am. L. R. 662. The federal courts have power to apply the writ of habeas corpus to all cases which it would reach at common law; provided it be not issued to any person in jail, unless confined under and by color of the authority of the United States. Ex parte Des Rochers, 1 McAllister 68.

Return.

Petitioner may traverse the return.

Return may be amended.

Hearing.

Penalty for refusing to obey the writ, &c.

5 February 1867. detained, who shall make return of said writ and bring the party before the judge who granted the writ, and certify the true cause of the detention of such person, within three days thereafter, unless such person be detained beyond the distance of twenty miles; and if beyond the distance of twenty miles and not above one hundred miles, then within ten days; and if beyond the distance of one hundred miles, then within twenty days. And upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning shall request a longer time. The petitioner may deny any of the material facts set forth in the return, or may allege any fact to show that the detention is in contravention of the constitution or laws of the United States, which allegations or denials shall be made on oath. The said return may be amended, by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, that thereby the material facts may be ascertained. The said court or judge shall proceed, in a summary way, to determine the facts of the case, by hearing testimony and the arguments of the parties interested, and if it shall appear that the petitioner is deprived of his or her liberty in contravention of the constitution or laws of the United States, he or she shall forthwith be discharged and set at liberty.(a) And if any person or persons to whom such writ of habeas corpus may be directed shall refuse to obey the same, or shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies already given by law, he or they shall be deemed and taken to be guilty of a misdemeanor, and shall, on conviction before any court of competent jurisdiction, be punished by fine not exceeding one thousand dollars, and by imprisonment not exceeding one year, or by either, according to the nature and aggravation of the case. From the final decision of any.judge, justice or court, inferior to the circuit court, an appeal may be taken to the circuit court of the United States for the district in which said cause is heard, [and from the judgment of said circuit court to the supreme court of the United States], (b) on such terms and under such regulations and orders, as well for the custody and appearance of the person alleged to be restrained of his or her liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the supreme court, or in default of such, as the judge hearing said cause may prescribe; and pending such proceedings or appeal, and pending appeal, until final judgment be rendered therein, and after final judgment of discharge in the same, any proceeding against such person so alleged to be restrained of his or her liberty 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.

Appeal.

Proceedings,

27 Mar. 1868 1. 15 Stat. 44.

2. That so much of the act approved February 5, 1867, entitled "An act to amend 'An act to establish the judicial courts of the United States,' approved September 24th Right of appeal 1789," as authorizes an appeal from the judgment of the circuit court to the supreme court of the United States, or the exercise of any such jurisdiction by said supreme court, on appeals which have been or may hereafter be taken, be and the same is hereby repealed. (c)

to supreme court taken away.

I. INSANE ASYLUM.

Hospitals.

1. Insane from army, navy, or revenue service to be received.

2. How insane paupers to be admitted.

3. Proceedings where insane persons are possessed of property.

4. Admission of transient patients.

5. Pay of insane officers, how appropriated.

6. Admission of civilians in government employ.

7. What classes to be entitled to admission.

II. MILITARY ASYLUM.

8. Commissioners. Their duties.

1 June 1860 1. 12 Stat. 23.

Insane from army, navy, and revenue service to be received.

9. Benefits extended to all invalid and disabled soldiers. 10. Pensioners to surrender their pensions whilst inmates. 11. Deductions from pay reduced. Name changed to "Soldier's Home." To be subject to articles of war. 12. Act of 1851 partially repealed.

III. MARINE HOSPITALS.

13. Marine hospitals may be rented to municipal authorities. 14. Collection of hospital dues from vessels sold in foreign ports.

I. INSANE ASYLUM.

66

1. That section four of the act of March the 3d 1855, (d) entitled an Act to organize an institution for the insane of the army and navy, and of the District of Columbia in the said district," be and the same is hereby amended so as to read as follows:

"The order of the secretary of war, and that of the secretary of the navy, and that of the secretary of the treasury, shall authorize the superintendent to receive insane persons belonging to the army and navy and revenue cutter service, respectively, and keep

(a) The proceedings on a writ of habeas corpus in the federal courts, are governed by the common law of England as it stood at the adoption of the constitution, subject to such alterations as congress may prescribe. Ex parte Kaine, 3 Blatch. C. C. 1. See Ex parte Aernam, Ibid. 160.

(b) See infra 2.

(c) This only applies to appeals under the act of 1867; it does not affect the appellate jurisdiction previously exercised in cases of habeas corpus. Ex parte McCardle, 7 Wall. 506.

(d) 1 vol. 307, pl. 33.

them in custody until they are cured or removed by the same authority which ordered their reception."

1 June 1860.

12 Stat. 177.

How insane par

2. That, as a substitute for the second section of the supplementary act aforesaid, (a) 28 Feb. 1861 ? 1. which is hereby repealed, the secretary of the interior shall have power to grant his order for the admission into the government hospital for the insane, of any insane per-pers may be adson not charged with a breach of the peace, upon (1) the certificate of any judge of the mitted. circuit or criminal court for the District of Columbia, or of any justice of the peace of the district, stating that two respectable physicians, resident of the district, appeared before said judge or justice and certified under oath and under their hands, that they knew the person alleged to be insane, and that, from personal examination, they believed him or her to be insane and a fit subject for treatment in said hospital, and that he or she was a resident of the district at the time he or she was seized with the mental disorder under which he or she then labored; also stating that two respectable householders, residents of the district, appeared before him, the said judge or justice, and certified under oath, and under their hands, that they knew the person alleged to be insane, and that, from a personal examination into his or her affairs, they believe him or her to be unable to support himself or herself and family (or himself or herself, if he or she have no family), under the visitation of insanity, and to pay his or her board and other expenses in said hospital, and the certificate under oath of such physicians and of such householders shall accompany the certificate of such judge or justice; and (2) upon an application requesting that such order may be issued, made in writing, within five days after the date of the affidavits aforesaid, by a member of the board of visitors of said hospital, upon an inspection of said affidavits and certificate thereto; and it will be the duty of said visitor to withhold his application if he has reason to doubt the indigence of the party in whose behalf the application is desired, till such doubt is removed by testimony satisfactory to said visitor.

Ibid. 2.

persons are pos

3. If it shall appear in the case of any insane person, whose insanity commenced while he or she was a resident of the District of Columbia, that he or she is able to Proceedings defray a portion, but not the whole, of the expenses of his or her support and treatment where insane in the government hospital for the insane, then the board of visitors of the said hos- sesssed of propital is authorized to inquire into the facts of the case; and if it shall appear to said perty. board, upon such inquiry, that such insane person has property and no family, or more property than is required for the support of his or her family, then, as a condition upon which such insane person, admitted or to be admitted upon the order of the secretary of the interior, shall receive or continue to receive the benefits of said hospital, there shall be paid to the superintendent, from the income, property or estate of such insane person, such portion of his expenses in said hospital, as a majority of the said board shall determine to be just and reasonable, under all the circumstances.

13 Stat. 3.

4. That the secretary of the interior be authorized, in his discretion, during the 28 Jan. 1864 1. existence of the present war, to admit into the government hospital for the insane such transient insane persons as may be found in the District of Columbia, without the means Admission of transient paof self-support, to be there detained until they can be sent to their friends or proper tients. places of residence, under the direction of the said secretary of the interior, whose duty it shall be to provide therefor; the steps preliminary to their admission to be the same, except as to the affidavit of residence at the time they became insane, as are required in the case of indigent persons who became insane while residing in the district.

13 Stat. 348.

officers, how

5. The secretary of the navy is hereby authorized and required to set apart from the 2 July 1864 1. pay of any officer of the navy, or of the marine corps, who may be under treatment by his order in the government hospital for the insane, such a portion of the monthly pay Pay of insane of said officer, as may be needed for his personal use and comfort, in addition to the appropriated. ordinary resources of that establishment. The superintendent of the government hospital for the insane shall recommend the portion of the pay of such officer of the navy, or of the marine corps, that shall be set apart in the manner and for the purpose hereinbefore described, but the secretary of the navy may, in his discretion, increase or reduce the sum so recommended to be set apart. The said sum set apart for the personal benefit of any officer of the navy, or of the marine corps, under treatment in the government hospital for the insane, by order of the secretary of the navy, shall be paid to the said superintendent of that institution, by the paymaster having charge of the said officer's accounts; and the receipt of said superintendent for the sum which he is authorized by the secretary of the navy to draw from the said paymaster shall be equivalent to the receipt of the legal guardian of said officer, or to that of the officer himself. The said superintendent shall disburse the money thus set apart and drawn by him, and he shall account for it, in quarterly statements, to the fourth auditor of the treasury.

(a) Act 7 February 1857, 1 vol. 308, pl. 38.

VOL. II.-15

13 July 18661. 14 Stat. 93.

6. Civilians employed in the service of the United States, in the quartermaster's department and the subsistence department of the army, who may be, or may hereAdmission of ci- after become insane, while in such employment, shall be admitted on the order of the secretary of war, the same as persons belonging to the army and navy, to the benefits of the asylum for the insane in the District of Columbia, as now provided by law in reference to soldiers and sailors in the army and navy.

vilians in government employ.

Ibid 2.

What classes to be entitled to admission.

3 March 1859 4. 11 Stat. 434.

Commissioners.

Their duties.

Ibid. § 5. Benefits ex

7. The following classes of persons, under the following circumstances, shall be entitled to admission to said asylum, on the order of the secretary of war, if in the army, or the secretary of the navy, if in the navy, to wit:

I. Men who, while in the service of the United States, in the army or navy, have been admitted to said asylum, and have been thereafter discharged therefrom on the supposition that they had recovered their reason, and have, within three years after such discharge, become again insane, from causes existing at the time of such discharge, and have no adequate means of support:

II. Indigent insane persons, who have been in the same service and been discharged therefrom on account of disability arising from such insanity:

III. Indigent insane persons, who have become insane within three years after discharge from such service, from causes which arose during and were produced by said service.

II. MILITARY ASYLUM.

8. That the second section of the act of 3d March 1851, (a) entitled "An act to found a military asylum for the relief and support of invalid and disabled soldiers of the army of the United States," be so amended as to reduce the number of commissioners authorized by that section, to three, and to consist of the commissary-general of subsistence, the surgeon-general and the adjutant-general (any two of whom shall be a quorum for the transaction of business), whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the military asylum at least once in every month.

9. That the benefits of the said act be and they are hereby extended so as to include the invalid and disabled soldiers, whether regulars or volunteers, of the war of 1812, tended to all in- and of all subsequent wars; and that so much of the act of 3d March 1851, as is inconsistent herewith, be and the same is hereby repealed.

valid and disa

bled soldiers.

Ibid. 6.

Pensioners to surrender their pensions whilst inmates.

Ibid. 27.

Deductions from

pay reduced. Name changed.

10. All pensioners on account of wounds or disability incurred in the military service, shall transfer and surrender their pensions to the institution, for and during the time they may remain therein and voluntarily continue to receive its benefits.

11. That the deductions of twenty-five cents per month, from the pay of the non-commissioned officers, musicians, artificers and privates in the army shall be reduced, from and after the thirtieth of June next, to twelve and a half cents per month; and that the title of the act be and the same is hereby changed from the "Military Asylum" to that of "Soldier's Home." And provided further, That all persons now in, or that may To be subject to articles of war. hereafter be admitted into the institution, shall be and are hereby made subject to the rules and articles of war, and will be governed thereby in the same manner as soldiers in the army.

5 July 1862 2. 12 Stat. 508.

Act of 1851 partially repealed.

1 March 1862 % 1. 12 Stat. 348.

may be rented to

rities.

29 April 1864 1. 13 Stat. 61.

แ

12. That so much of the 7th section of the act approved 3d March 1851,(b) entitled "An act to found a military asylum for the relief and support of invalid and disabled soldiers of the army of the United States," as requires that "all moneys, not exceeding two-thirds of the balance on hand, of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses," shall be set apart for the support of the military asylum, be and the same is hereby repealed.

III. MARINE HOSPITALS.

13. The secretary of the treasury is hereby authorized to rent either of the several marine hospitals to the proper authorities of the cities, towns or counties in which said Marine hospitals hospitals are located, and contract with such authorities for the relief of the sick and municipal autho- disabled seamen entitled to relief under the act of 3d of May 1802; (c) and in cases of infectious diseases to make such regulations for their relief as he deems expedient. 14. In case of the sale or transfer of any vessel of the United States in a foreign port or water, the consul, vice-consul, commercial agent or vice-commercial agent of the United States, within whose consulate or district such sale or transfer shall have been made, or in whose hands the papers of such vessel shall be, be and he is hereby authorized and required to collect of the master or agent of such vessel, all moneys that shall have become due to the United States, under and by virtue of the act entitled "An act for the relief of sick and disabled seamen," approved July 16th 1798, (d) and shall

Collection of hospital dues from vessels sold in foreign ports.

remain unpaid at the time of such sale or transfer; and that the said consul, vice- 29 April 1864. consul, commercial agent or vice-commercial agent (as the case may be), be and he is hereby instructed and required to retain possession of the papers of such vessel, until such money shall have been paid as herein provided; and in default of which, such sale or transfer shall be void, excepting as against the vendor.

12 Stat. 808.

Idaho.

1. That all that part of the territory of the United States included within the follow- 3 March 1863 1. ing limits, to wit: beginning at a point in the middle channel of the Snake river where the northern boundary of Oregon intersects the same; then follow down said channel Territory of of Snake river to a point opposite the mouth of the Kooskooskia, or Clear Water river; Boundaries. thence due north to the forty-ninth parallel of latitude; thence east along said parallel to the twenty-seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado territory; thence west along said boundary to the thirty-third degree of longitude west of Washington; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boundary of the state of Oregon; thence north along said boundary to place of beginning. And the same is hereby created into a temporary government, by the name of the territory of Idaho: Provided, That nothing in this act contained shall May be divided be construed to inhibit the government of the United States from dividing said territory other territories or changing its boundaries, in such manner and at such time as congress shall deem or states. convenient and proper, or from attaching any portion of said territory to any other state

or attached to

or territory of the United States: Provided further, That nothing in this act contained Indian rights not shall be construed to impair the rights of person or property now pertaining to the to be impaired. Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribes, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory, but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Idaho, until said tribe shall signify their assent to the president of the United States to be included within said territory; or to affect the authority of the government of the United States Or authority of the general gov to make any regulations respecting such Indians, their lands, property or other rights, ernment to treat by treaty, law or otherwise, which it would have been competent for the government to with them affectmake if this act had never passed. (a)

II. EXECUTIVE AUTHORITY.

ed.

12 Stat. 800.

2. The executive power and authority in and over said territory of Idaho shall be 3 March 1863 2. vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United Governor. States. The governor shall reside within said territory, and shall be commander-in- Term of office. chief of the militia, and superintendent of Indian affairs thereof; he may grant His powers, &c. pardons and respites for offences against the laws of said territory, and reprieve for offences against the laws of the United States, until the decision of the president of the

(a) See act 26 May 1864, 18, annexing part of Idaho to Dakota territory. 13 Stat. 92.

Residence.