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to be the same
as used in the
Fees to be the
same as in the
of the States.
Sept. 29, 1789.
Act of Sept. 1, 1789, ch. 11. Repealed by Act of February 18, 1793, ch. 8. Goods unladen by permit and transported to a landing in the same district, to be accompanied
with a certificate from the inspector or other proper officer.
causes of equity, and of admiralty and maritime jurisdiction,(a) shall be according to the course of the civil law; and the rates of fees the same as are or were last allowed by the states respectively in the court exercising supreme jurisdiction in such causes.(b) Provided, That on judgments in any of the cases aforesaid where different kinds of executions are issuable in succession, a capias ad satisfaciendum being one, the plaintiff shall have his election to take out a capias ad satisfaciendum in the first instance and be at liberty to pursue the same until a tender of the debt and costs in gold or silver shall be made.
SEC. 3. And be it further enacted, That this act shall continue in force until the end of the next session of Congress, and no longer. APPROVED, September 29, 1789.
CHAP. XXII.-An Act to explain and amend an Act, intituled " An Act for registering and clearing Vessels, regulating the Coasting Trade, and for other pur
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any goods, wares or merchandise of foreign growth or manufacture, shall be unladen from any ship or vessel in virtue of a permit obtained for that purpose, and shall be put into a craft or vessel, with intent to be transported to a landing within the same district, it shall be the duty of the inspector, or other officer attending the unlading of such goods, wares and merchandise, to deliver to the master or commander of every such craft or vessel, a certificate of such goods, wares and merchandise having been duly entered, and a permit granted therefor; and such certificate shall contain a description of all the packages with their marks and numbers, and shall authorize the transportation and landing of the same, at any landing within the same district, without any further fee or permit, any thing in the said recited act to the contrary notwithstanding.
SEC. 2. And be it further enacted, That so much of the twenty-second section of the said recited act, as exempts vessels of less than twenty,
issuing out of the courts of the United States, lands and other property not thus subject by the State laws in force at that time. Bank of the United States v. Halsted, 10 Wheat. 51; 6 Cond. Rep. 22.
See Fullerton v. The Bank of the United States, 1 Peters, 604. Yeaton v. Lenox, 8 Peters, 123. Toland v. Sprague, 12 Peters, 300.
The process act of 1828, expressly adopts the mesne process and modes of proceeding in suits at common law, then existing in the highest State court, under the State laws, which of course included all the regulations of the State laws as to bail, and exemption of the party from arrest and imprisonment. In regard also to writs of execution, and other final process, and the proceedings thereupon," it adopts an equally comprehensive language, and declares they shall be the same as were then used in the courts of the State. Beers v. Haughton, 9 Peters, 329. The Lessee of Walden v. Craig's heirs, 14 Peters, 147. The United States v. Knight, 14 Peters, 301. Amis v. Smith, 16 Peters, 303.
So far as the acts of Congress have adopted the forms of process and modes of proceeding and pleading in the State courts, or have authorized the courts to adopt them, and have actually adopted them, they are obligatory; and no further. But no court of the United States is authorized to adopt by rule any provision of State laws which are repugnant to, or incompatible with the positive enactment of Congress upon the jurisdiction, or practice, or proceedings of such courts. Keary et al. v. The Farmers and Mechanics Bank of Memphis, 16 Peters, 89. Duncan v. Darst, 17 Peters, 209.
(a) The act regulating processes in the courts of the United States, provides that the forms and modes of proceeding in the courts of equity, and in those of admiralty and maritime jurisdiction, shall be according to the principles, rules, and usages which belong to courts of equity, and to courts of admiralty, respectively, as contradistinguished from the courts of common law, subject, however, to alterations by the courts. This act has been generally understood to adopt the principles, rules, and usages of the court of chancery in England. Manro v. Almedia, 10 Wheat. 473; 6 Cond. Rep. 190.
(b) The compensation to clerks of courts are regulated by the acts of March 3, 1791, chap. 22, sec. 1; act of May 8, 1792, chap. 36, sec. 3; act of February 28, 1799, chap. 19, sec. 3; act of April 18, 1814, chap. 79; act of March 8, 1824, chap. 26; act of March 3, 1841, chap. 35. Compensation of Marshals, act of March 3, 1791, chap. 22, sec. 1; act of May 8, 1792, chap. 36, sec. 3; act of February 28, 1799, chap. 19, sec. 2; act of April 18, 1814, chap. 79; act of March 8, 1824, chap. 26; act of March 3, 1841, chap. 35.
and not less than five tons burthen, employed between any of the districts of the United States, in any bay or river, and having a license from the collector of the district to which such vessel belongs, from entering and clearing for the term of one year, be extended to vessels not exceeding fifty tons: provided, such vessels shall not have on board goods, wares or merchandise, other than such as are actually the growth or produce of the United States.
SEC. 3. And be it further enacted, That so much of an act, intituled, "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandises imported into the United States," as hath rated the ruble of Russia at one hundred cents, be, and the same is hereby repealed and made null and void.
APPROVED, September 29, 1789.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be appropriated for the service of the present year, to be paid out of the monies which arise, either from the requisitions heretofore made upon the several states, or from the duties on impost and tonnage, the following sums, viz. A sum not exceeding two hundred and sixteen thousand dollars for defraying the expenses of the civil list, under the late and present government; a sum not exceeding one hundred and thirty-seven thousand dollars for defraying the expenses of the department of war; a sum not exceeding one hundred and ninety thousand dollars for discharging the warrants issued by the late board of treasury, and remaining unsatisfied; and a sum not exceeding ninety-six thousand dollars for paying the pensions to invalids.
APPROVED, September 29, 1789.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military pensions which have been granted and paid by the states respectively, in pursuance of the acts of the United States in Congress assembled, to the invalids who were wounded and disabled during the late war, shall be continued and paid by the United States, from the fourth day of March last, for the space of one year, under such regulations as the President of the United States may direct.
APPROVED, September 29, 1789.
Exemption of vessels under 20 tons, from
entering and clearing extend. 50 tons having
ed to vessels of
on board goods, &c., the growth or produce of the U. S.
CHAP. XXIII.—An Act making Appropriations for the Service of the present Sept. 29,
CHAP. XXV.-An Act to recognize and adapt to the Constitution of the United
Act of July 31, 1789, ch. 5. 1790, ch. 35, § 75.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the establishment contained in the resolve of the late Congress of the third day of October, one thousand seven hundred and eighty-seven, except
Ruble of Russia, rate of. Repealed.
[Expired.] Specific ap propriations of money for ex. penses of civil list and war de
CHAP. XXIV.—An Act providing for the payment of the Invalid Pensioners of Sept. 29, 1789. the United States.
also to discharge warrants treasury, and for pensions to
of late board of
Act of July 16, 1790, ch. 27. [Expired.] Military pensions heretofore
paid by the States to be March last for one year, and under what reg
STATUTE I. 1789.
Sept. 29, [Repealed.] Act of April 30, 1790, ch. 10, sec. 14. Establishment
of 3d Oct. 1787, recognized for troops in service of U. S.
as to the mode of appointing the officers, and also as is herein after provided, be, and the same is hereby recognized to be the establishment for the troops in the service of the United States.
SEC. 2. And be it further enacted, That the pay and allowances of the said troops be the same as have been established by the United States in Congress assembled, by their resolution of the twelfth of April, one thousand seven hundred and eighty-five.
SEC. 3. And be it further enacted, That all commissioned and noncommissioned officers and privates, who are or shall be in the service of the United States, shall take the following oaths or affirmations, to wit: "I, A. B. do solemnly swear or affirm (as the case may be) that I will support the constitution of the United States." "I, A. B. do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully against all their enemies or opposers whatsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me."
SEC. 4. And be it further enacted, That the said troops shall be governed by the rules and articles of war which have been established by the United States in Congress assembled, or by such rules and articles of war, as may hereafter by law be established.
SEC. 5. And be it further enacted, That for the purpose of protecting the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, the President is hereby authorized to call into service from time to time, such part of the militia of the states respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence while in service, be the same as the pay and subsistence of the troops above mentioned.
SEC. 6. And be it further enacted, That this act shall continue and be in force until the end of the next session of Congress, and no longer. APPROVED, September 29, 1789.
CHAP. XXVII.—An Act to alter the Time for the next Meeting of Congress.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the adjournment of the present session, the next meeting of Congress shall be on the first Monday in January next. APPROVED, September 29, 1789.
1. RESOLVED, That the Survey directed by Congress in their act of June the sixth, one thousand seven hundred and eighty-eight, be made and returned to the Secretary of the Treasury without delay; and that the President of the United States be requested to appoint a fit person to complete the same, who shall be allowed five dollars per day whilst actually employed in the said service, with the expenses necessarily attending the execution thereof.
APPROVED, August 26, 1789.
2. RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled, That it be recommended to the legislatures of the several States to pass laws, making it expressly the duty of the keepers of their gaols, to receive and safe keep therein all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the
like penalties as in the case of prisoners committed under the authority
The Conventions of a number of the States having at the time of their adopting the Constitution expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government will best insure the beneficent ends of its institution—
Sept. 23, 1789.
Secretary of State to procure
3. RESOLVED, That it shall be the duty of the Secretary of State, to procure from time to time such of the statutes of the several states as the statutes of may not be in his office.
APPROVED, September 23, 1789.
RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, That the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three fourths of the said legislatures, to be valid to all intents and purposes, as part of the said Constitution, viz. :
ARTICLES in addition to, and amendment of, the Constitution of the
ART. I. After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
ART. II. No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.
ART. III. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ART. IV. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ART. V. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.
ART. VI. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supVOL. I.-13 I
receive and keep prisoners der authority of the United
Amendments to the Constitu
tion of the United States.
ported by oath or affirmation, and particularly describing the place to
ART. VII. No person shall be held to answer for a capital, or other-
ART. VIII. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.
ART. IX. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
ART. X. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ART. XI. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ART. XII. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States. respectively, or to the people.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That John White, late a commissioner to settle the accounts between the United States and the states of Pennsylvania, Delaware, and Maryland, and his clerks, John Wright, and Joshua Dawson, be considered as in office until the fourth day of February, one thousand seven hundred and eighty-nine. APPROVED, September 29, 1789.