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25 February 1865. Courts of the United States. Such officers shall be appointed for said district and [circuit] court, and in the same manner, and with the same fees and emoluments, as prescribed by law for other districts and courts of the United States.

Ibid. 2.

6. The district court for the said eastern district shall have concurrent jurisdiction Concurrent juris- with the district court for the southern district of New York, over the waters within

diction.

the counties of New York, Kings, Queens and Suffolk, in the state of New York, and over all seizures and matters made or done in such waters; and all writs or other process or orders issued out of either of said courts, or by any judge thereof, shall run and be executed in any part of said waters.

Ibid. § 3. 7. In case of the inability, on account of sickness, of the judge of the district court When judge to of the United States for the southern district of New York, to hold any court therein, hold court in the it shall be the duty of the judge of the said eastern district of New York to hold such

southern district.

court, and do and perform all the acts and duties of the judge of said southern district, without any additional compensation. And whenever, from pressure of public business, or other cause, it shall be deemed desirable by the judge of said southern district of New York, that the judge of said eastern district perform the duties of a judge in said southern distri an order may be entered to that effect in the records of said district court; and thereupon the judge of said eastern district shall be empowered to do and perform, without additional compensation, within said southern district of New York, and in the district court thereof, all the acts and duties of the district judge thereof.

II. DISTRICT ATTORNEY.

6 Aug. 1861 1. 8. There shall be paid to the attorney of the United States for the southern district 12 Stat. 317. of New York, quarterly, a salary at the rate of six thousand dollars per annum, and Salary and allow such additional sum as shall be necessary, together with the costs and fees now allowed by law, to pay such amount as shall be fixed by the secretary of the interior, for the proper expenses of the office, including salaries of assistants and clerks.

ances.

9. The accounts af said attorney, from and after the fourth day of April last, shall be adjusted and settled, in the same manner as the same would have been adjusted and settled had this act been in operation on and after that day.(a)

Ibid. 2. Settlement of accounts.

21 Feb. 1863 1. 12 Stat. 658.

sey added to col

Part of New Jerlection district of

New York.

Assistant collect or at Jersey City.

3 Mar. 1863 16. 12 Stat. 753.

11. An assistant collector of customs shall be appointed at the port of New York, in the mode prescribed by law for the appointment of deputy-collectors, at an annual com

Assistant collect pensation of five thousand dollars, who shall perform such duties and exercise such

or to be appointed.

powers, now devolved on the collector, as may be assigned to him by that officer; and all the official acts of said assistant, in pursuance of such assignment, shall be as valid in law as if performed by the collector himself: Provided, That the collector shall be responsible for the official acts, as aforesaid, of said assistant, and that no additional appropriation shall be made for the payment of his compensation.

12. That the district of Sackett's Harbor be and is hereby annexed to the district of Cape Vincent, and the district so annexed is hereby abolished and constituted a part of the district to which it is annexed. And the district of Niagara is hereby extended so as to include the entire county of Niagara to the channel of Tonawanda creek; and Lewiston, in the district of Niagara, is hereby discontinued as a port of entry, and the port of entry for the district is hereby established at Suspension Bridge.

13. That the third section of an act entitled "An act to equalize and establish the compensation of the collectors of the customs on the northern, north-eastern and northwestern frontiers, and for other purposes," approved March 3d 1863, changing the port of entry for the district of Champlain from Plattsburg to Rouse's Point, be and the same is hereby repealed; and that Plattsburg be and the same is hereby re-established as the principal port of entry for said district, at which the collector of customs shall Deputy-collector reside. And a deputy-collector shall reside at Rouse's Point, and be vested with all at Rouse's Point. the power and authority given to deputy-collectors by law.

(a) See The Anna, Blatch. Pr. Cas. 337.

3 March 1863 3 2. 12 Stat. 761.

District of Cape
Vincent enlarged
Niagara.
Suspension
bridge.

3 June 18641. 13 Stat. 119.

III. COLLECTION DISTRICTS

10. That all that part of the state of New Jersey which lies north and east of Elizabethtown and Staten Island, comprising the counties of Hudson and Bergen, be and the same is hereby annexed to the collection district of New York. An assistant collector, to be appointed by the president of the United States, shall reside at Jersey City, who shall have power to enter and clear vessels in like manner as the collector of New York is authorized by law to do, but such assistant collector shall, nevertheless, act in conformity to such instructions and regulations as he shall, from time to time, receive from the collector of New York; and the said assistant collector shall receive for his annual salary two thousand dollars, in full for all services to be by him performed, and in lieu of commissions and fees.

Plattsburg to be the principal port of entry.

14. That the assistant collector appointed under the act entitled "An act to annex a part of the state of New Jersey to the collection district of New York, and to appoint an assistant collector to reside at Jersey City," approved February 21st 1863, be and he hereby is authorized to enroll and license, according to the laws of the United States, all vessels engaged in the coasting trade and fisheries, owned in whole or in part by residents of the counties of Hudson and Bergen, in the state of New Jersey; and all such enrolments and licenses shall be as valid and effectual as if the same had been effected in any other port of the United States; and the said assistant collector, in the enrolment and licensing of vessels, shall be subject to the laws of the United States, and liable to all the penalties and responsibilities imposed upon collectors in like cases.

14 Stat. 94.

15. That the town of Whitehall, in the state of New York, which by existing law is 13 July 1866 ? 1. a port through which imported merchandise may be exported, in bond and for drawback, to the adjacent British North American provinces, be and the same is hereby con- Whitehall to be stituted a port of delivery, within the collection district of Champlain; and a deputy- livery. collector, as now authorized by law, shall there reside, who shall receive the same compensation as is now paid to the deputy-collector now stationed at that port.

a port of de

14 Stat. 542.

16. That Albany, in the state of New York, and within the collection district of 2 March 1887 2 1. New York, be and is hereby declared to be a port of delivery, within the aforesaid district; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to the customary duties performed by that officer in other places, perform the duties prescribed in an act entitled "An act allowing the foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, Saint Louis, Nashville and Natchez, to be secured and paid at those places," approved March 2, 1831. The said surveyor, before taking the oath of office, shall give security to the United States, for the faithful performance of his duties, in the sum of ten thousand dollars, and shall receive, in addition to the customary fees and emoluments of his office, an annual salary of six hundred dollars.

25 Feb, 1865 1.

13 Stat. 438.

North Carolina.

Powers of assist
Jersey City.

ant collector at

17. The same privileges granted to the ports of delivery mentioned in the first sec- Ibid. § 2. tion of this act, and the restrictions created by the said act, are hereby extended and Privileges and made applicable to all goods, wares and merchandise imported into the United States restrictions. at any port of entry and destined to said port of Albany.

1. Districts of Albemarle, Pamlico, Beaufort and Wilmington. Salaries of collectors.

Duties may be at Albany.

secured and paid

18. That the secretary of the treasury shall be and he is hereby authorized to extend Ibid. 3. the privileges of the warehouse acts of August 6th 1846, and March 28th 1854, and Warehouse acts the regulations of the treasury department relating thereto, to the said port of Albany, may be extended

to

2. Secretary may change port of entry in Beaufort.
3. Port of entry of Albemarle removed to Edenton.

14 Stat. 411.

marle.

lico.

1. There shall be in the state of North Carolina four collection districts, to wit: one, 25 Feb. 1867 1. to be called the district of Albemarle, which shall include Albemarle, Currituck and Croatan sounds, and all the waters, shores, harbors, rivers, creeks, bays and inlets ad- District of Albejacent to and flowing into the said sounds, together with that part of Pamlico sound north of and including Loggerhead inlet, and all waters and shores appertaining thereto; and the port of entry for said district shall be at Plymouth: another, to be called the District of Pam district of Pamlico, which shall include Pamlico sound, and all the waters, shores, harbors, rivers, creeks, bays and inlets adjacent to and flowing into said sound, exclusive of the district of Albemarle, and including the south line of Neuse river to the northern entrance of Core sound; and the port of entry for said district of Pamlico shall be at Newbern another, to be called the district of Beaufort, which shall include all the District of Beauwaters, shores, harbors, creeks, bays and inlets south of the district of Pamlico, and north of and including New river and inlet; and the port of entry for said district of Beaufort shall be at Beaufort: and another, to be called the district of Wilmington, District of Wilwhich shall include all waters, shores, harb creeks, bays and inlets south of the dis-mington. trict of Beaufort to the southern boundary of the said state; and the port of entry for said district of Wilmington shall be at Wilmington. And the collector of each of said Salaries of coldistricts shall reside at the port of entry thereof, and shall be appointed by the president, by and with the advice and consent of the senate, and receive a salary at the rate of one thousand dollars per annum, in addition to the fees of office: Provided, That such compensation shall in no case exceed the sum of twenty-five hundred dollars per annum in the aggregate.

fort.

lectors.

[blocks in formation]

Form of oath. Violation to be

1. Oath of public officers. deemed perjury.

2. Oath to be taken by masters of vessels, and persons prosecut

2 July 1862 1.

12 Stat. 502.

Oath of public officers.

Form of oath.

1. Every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military or naval departments of the public service, excepting the president of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation : “I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States, since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God;" which said oath, so taken and signed, shall be preserved among the files of the court, house of congress, or department to which the said office may appertain. And any person who shall falsely take the said oath shall deemed perjury. be guilty of perjury; and on conviction, in addition to the penalties now prescribed for

Violation to be

that offence, shall be deprived of his office, and rendered incapable for ever after of holding any office or place under the United States.

17 July 1862 1. 12 Stat. 610.

2. The secretary of the treasury, should it at any time hereafter seem to him necessary, may change the port of entry in the district of Beaufort, from Beaufort to Morehead city; and all acts and parts of acts conflicting with the provisions of this act be and the same are hereby repealed.

3. That the port of entry in the Albemarle collection district be removed from Plymouth to Edenton, North Carolina.

by masters of

Oath to be taken vessels, and persons prosecuting

2. The commanders of all American vessels sailing from ports in the United States to foreign ports, during the continuance of the present rebellion, and all persons prosecuting claims, either as attorney or on his own account, before any of the departments or bureaus of the United States, shall be required to take the oath of allegiance, and to support the constitution of the United States (or affirm, as the case may be), as required of persons in the civil service of the United States by the provisions of the act of congress approved August 6th 1861.(a)

Ibid. 2.

3. The oath or affirmation herein provided for in the first section of this act may be By whom admin- taken before any justice of the peace, notary public or other person who is legally authorized to administer an oath in the state or district where the same may be adminisPenalty for vio- tered; and any violation of such oath by any person or persons taking the same,

istered.

lation.

shall subject the offender to all the pains and penalties of wilful and corrupt perjury, who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having competent jurisdiction thereof.

1. 4. Whenever any person who has participated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of congress, by a vote

Oath of persons of two-thirds of each house, has been or shall be elected or appointed to any office or

relieved from disabilities.

place of trust in or under the government of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of July 2, 1862, take and subscribe the following oath or affirmation: "I, A. B., do solemnly swear (or affirm) that I will support and defend the constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God."

11 July 1868

Oaths.

[See DEPARTMENTS.]

ing claims.

3. By whom administered. Penalty for violation.
4. Oath of persons relieved from disabilities.

15 Stat. 85.

(a) See ante 173.

Office.

1. Civil officers not to be removed, unless by consent of the

Benate.

2. President may suspend during the recess.

3. Power to fill vacancies.

4. Act not to extend the term of office limited by law.

5. Penalty for accepting office contrary to the provisions of the act.

6. Penalty for appointments or removals in contravention of the act.

7. Lists of nominations and rejections to be furnished to the executive departments.

8. Notification of temporary appointments.

9. No money to be paid to persons holding office in violation of

the act.

16 Stat. 6.

1. Every person holding any civil office to which he has been or hereafter may be 5 April 1869 1. appointed, by and with the advice and consent of the senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided. (a)

the recess.

2. During any recess of the senate, the president is hereby empowered, in his discreIbid. § 2. tion, to suspend any civil officer appointed by and with the advice and consent of the President may senate, except judges of the United States courts, until the end of the next session of suspend during the senate, and to designate some suitable person, subject to be removed in his discretion by the designation of another, to perform the duties of such suspended officer in the mean time; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during the time he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended. And it shall be the duty of the president, within thirty days after the commencement of each session of the senate, except for any office which, in his opinion, ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the senate, during such session, shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the president shall nominate another person, as soon as practicable, to said session of the senate, for said office.

14 Stat. 430.

vacancies.

3. The president shall have power to fill all vacancies which may happen during the 2 March 1867 3 3. recess of the senate, by reason of death or resignation "or expiration of term of office," (b) by granting commissions which shall expire at the end of their next session Power to fill thereafter. (c) And if no appointment, by and with the advice and consent of the senate, shall be made to such office, so vacant or temporarily filled as aforesaid, during such next session of the senate, such office shall remain in abeyance, without any salary, fees or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the senate; and during such time, all the powers and duties belonging to such office, shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office.

4. Nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law.

5. If any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise, or attempt to hold or exercise, any such office or employment, he shall be deemed and is hereby declared to be guilty of a high misdemeanor; and upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court.

6. Every removal, appointment or employment, made, had or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning or issuing

(a) The first and second sections of the act 2 March 1867 were repealed by this act, and these provisions were substituted iu lieu thereof. It may, perhaps, be considered that the constitutionality of this section was determined in Johnson's Trial, but it can hardly be deemed a closed question; the first congress, held immediately after the adoption of the constitution, determined, after a lengthy and exhaustive debate, that the power of removal was vested in the president, by the constitution. Serg. Const. Law 372-3. Marshall's Life of Washington 196. And this doctrine has ever been held by the judicial department. Ex parte Hennen, 13 Pet. 230. Marbury v. Madison, 1 Cr. 137. Gratiot v. United States, 1 N. & H. 258. Commonwealth v. Bussier, 5 S. & R. 451. It may well, therefore, be doubted, whether the senate, sitting as a court of impeachment, had power to overrule the construction placed upon the constitution not only by the entire congress, but by the unanimous voice of the judiciary for threequarters of a century.

(b) So amended by act 5 April 1869. 16 Stat. 7.
(c) The president has no power, under the constitution, during Ibid. 179.

VOL. II.-31

to be removed,

Civil officers not unless by consent

of the senate.

Ibid. § 4.

Ibid. 25.

Penalty for accepting office convisions of the act.

trary to the pro

Ibid. 26.

a recess of the senate, to fill a vacancy that occurred, by expira. tion of commission, during a previous session. Case of the District Attorney, 16 Am. L. R. 786; s. c. 8 Int. R. Rec. 137. Nor can he make an original appointment, during the recess, to an office created at the previous session. Schenck v. Peay, Circuit Court, Arkansas, April 1869, Pamph. 11. People v. Forquer, Breese 68. Serg. Const. Law 373. Nor can he fill a vacancy. which occurred during a previous recess, a session of the senate having intervened. Kensey Johns' Case, 1 Cong. Elect. Cas. 874. Williams' Case, 2 Cong. Elect. Cas. 612. Phelps' Case, Ibid. 613. And as to what is deemed a session of the senate, and what is deemed a recess, see Case of the District Attorney, 16 Am. L. R. 786; s. c. 8 Int. R. Rec. 137.

There are many opinions by attorneys-general, which contravene these principles of constitutional law; but they can have no authority, when placed in opposition to the decisions not only of the courts. but of the legislative department of the government. See 1 Opin. 631. 2 Ibid. 525. 3 Ibid. 673. Ibid. 361, 523. 11

2 March 1867. of any commission or letter of authority, for or in respect to any such appointment or Penalty for apemployment, shall be deemed and are hereby declared to be high misdemeanors; (a) pointments or re- and upon trial and conviction thereof, every person guilty thereof shall be punished

vention of the act.

by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court: Provided, That the president shall have power to make out and deliver, after the adjournment of the senate, commissions for all officers whose appointment shall have been advised and consented to by the senate.

Ibid. 7.

7. It shall be the duty of the secretary of the senate, at the close of each session Lists of nomina- thereof, to deliver to the secretary of the treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all executive depart the persons who shall have been nominated to and rejected by the senate, during such

ments.

session; and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session.

tions and rejections to be furnished to the

Ibid. 28. Notification of temporary appointments.

8. Whenever the president shall, without the advice and consent of the senate, designate, authorize or employ any person to perform the duties of any office, he shall forthwith notify the secretary of the treasury thereof; and it shall be the duty of the secretary of the treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department.

Ibid. 29. No money to be paid to persons holding office in

9. No money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the treasury or not, to or by, or for the benefit of, any person appointed to, or authorized to act violation of the in, or holding or exercising the duties or functions of, any office, contrary to the provi

act.

sions of this act; nor shall any claim, account, voucher, order, certificate, warrant or other instrument, providing for or relating to such payment, receipt or retention, be presented, passed, allowed, approved, certified or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. And every person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor; and upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court.

Ohio.

21 Feb. 1863 1.

12 Stat. 657.

1. Terms of the circuit and district courts.

I. CIRCUIT AND DISTRICT COURTS.

1. Instead of the times now fixed by law, the circuit and district courts of the United States for the several districts in the states composing the seventh judicial circuit shall Terms of the cir hereafter be held as follows:-Ohio. At Cleveland, for the northern district of Ohio,

cnit and district courts.

on the first Tuesdays in the months of January, May and September in each year; at Cincinnati, for the southern district of Ohio, on the first Tuesdays in the months of February, April and October in each year.

(a) In Johnson's Case, it was held by the senate, that the act as originally passed did not apply to one of the heads of the executive departments, appointed by the predecessor of the presi

dent, who was in office at the time of the passage of the law, and then holding over. Johnson's Trial.

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