« SebelumnyaLanjutkan »
shall be deemed violators of the laws of nations, and disturbers of the public repose, and 30 April 1790. imprisoned not exceeding three years, and fined at the discretion of the court. (a)
15. No citizen or inhabitant of the United States, who shall have contracted debts prior to his entering into the service of any ambassador or other public minister, which Debts contracted debts shall be still due and unpaid, shall have, take or receive any benefit of this act; (b) prior to entering nor shall any person be proceeded against by virtue of this act, for having arrested or ter's service exsued any other domestic servant of any ambassador or other public minister, unless the cepted. name of such servant be first registered in the office of the secretary of state, and by Servants of foreign ministera such secretary transmitted to the marshal of the district in which congress shall reside, to be registered, who shall, upon the receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward.
16. If any person shall violate any safe-conduct or passport duly obtained and issued Ibid. 28. under the authority of the United States, or shall assault, strike, wound, imprison or in Punishment for any other manner (c) infract the law of nations, by offering violence to the person of an conduct, or offerviolating safeambassador or other public minister, (d) such person so offending, on conviction, shall ing violence to the person of a be imprisoned not exceeding three years, and fined at the discretion of the court. (e) foreign minister
1. Actions not to abate for defect of form; except on special demurrer. Amendments to be allowed.
1 Stat. 91. Actions not to
1. No summons, writ, declaration, return, process, judgment or other proceedings in 24 Sept. 1789 3 32 civil causes in any of the courts of the United States, shall be abated, arrested, quashed or reversed for any defect or want of form, (g) but the said courts respectively shall pro- abate for defect ceed and give judgment according as the right of the cause and matter in law shall of form. appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration or other pleading, return, process, judgment or course of proceeding Except on special whatsoever, except those only in cases of demurrer, which the party demurring shall specially set down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend Amendments to all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe.(h)
(a) The entry into a minister's garden, by the agent of the owner of a slave, and there seizing and carrying away such slave to the owner, is not such a violation of the domicil of the minister as constitutes a punishable offence under this act. 1 Opin. 141. (b) See 1 Opin. 26-7.
(e) The law of nations identifies the property of the foreign minister, attached to his person, or in his use, with his person. To insult them, is an attack on the minister and his sovereign; and it appears to have been the intention of the act of congress, to punish offences of this kind. United States v. Hand, 2 W. C. C. 435. See 1 Opin. 41.
(d) It is no defence, upon an indictment, under this section, that the defendant was ignorant of the public character of the minister. United States v. Ortega, 4 W. C. C. 531. United States v. Liddle, 2 Ibid. 299.
(e) The persons and household goods of foreign ambassadors, and those attached to their respective legations, are exempt from lawful arrest, seizure or molestation, as well by the laws of nations, as by the act of congress; it is therefore unlawful for the keeper of a hotel in Washington, with whom the attaché of the legation in France is a boarder, to oppose by force, in any manner, the removal therefrom of any of his personal effects. 5 Opin. 69.
(g) Under the provisions of this act, a variance, which is merely matter of form, inay be amended at any time. Scull v. Briddle,
2 W. C. C. 200. It extends the power of amendments as far as any of the British statutes of jeofails. Walden v. Craig, 9 Wh. 576. It embraces verdicts, defective in form, but substantially sufficient to enable the court to perceive the right of the case. Roach . Hulings, 16 Pet. 319. And is sufficiently comprehensive to embrace causes of appellant as well as original juris lic tion. Anon., 1 Gall. 22. Smith v. Jackson, 1 Paine. 486. The Edward, 1 Wh. 261. Kennedy v. Bank of the State of Georgia, 8 How. 610. But it gives no authority to amend judgments, except as to defects and want of form. Albers v. Whitney, 1 Story, 310. See Nelson v. Barker, 3 McLean, 379. Woodward v. Brown, 13 Pet. 1. Smith v. Jackson, 1 Paine, 486. Fisher v. Rutherford, Bald. 195.
(h) If the amendment be male in the circuit court, the cause is heard and adjudicated in that court, and upon appeal to the su preme court, on the new allegation; but if the amendment be allowed by the supreme court, the cause is remanded to the cir cuit court, with directions to allow the amendment to be made. The Marianna Flora, 11 Wh. 1. See further on the subject of amendments; Osborn v. United States Bank, 9 Wh. 738. Day v. Chism, 10 Ibid. 449. Conolly v. Taylor, 2 Pet. 556. Course v. Stead, 4 Dall. 22. Randolph v. Barrett, 16 Pot. 138. Hozey v. Buchanan, Ibid. 215. The Divina Pastora. 4 Wh. 52. Brig Caroline v. United States, 7 Cr. 496. Schooner Anne v. United States, Ibid. 570. Smith v. Ely, 15 How. 137.
26 Aug. 1842 2 2.
5 Stat. 537.
5. When unexpended appropriations to be carried to the surplus fund. Surplus fund not to be used for any purpose.
6. How appropriations to war and navy departiments to be drawn.
3 March 1809 2 1. 2 Stat. 535. All warrants to specify and be charged to appropriations.
Separate accounts to be rendered to con
1 May 182021.
3 Stat. 567.
I. PAYMENT OF APPROPRIATIONS.
1. The style and title of all acts making appropriations for the support of government, shall be as follows, to wit: "An act making appropriations (here insert the object) for the year ending June thirtieth (here insert the calendar year).
2. All warrants drawn by the secretary of the treasury, or of war, or of the navy,
less, that during the recess of congress, the president of the United States may, and he
to be laid before case a special account of the moneys thus transferred, and of their application, shall be
laid before congress during the first week of their next ensuing session.
II. TRANSFER OF APPROPRIATIONS.
7. Appropriations to fortifications, &c., not to be transferred to
& Appropriations for one year not to be transferred to another.
13. Power to transfer appropriations to the navy department repealed.
14. Surplus appropriations, how applied.
15. Contingent funds of congress not to be applied to any other object.
16. Appropriations to clothing fund not to be transferred, except, &c.
17. Appropriations to the war department, not to be transferred, except in certain cases.
3. It shall be the duty of the secretary of the treasury, to cause to be carried to the account of the surplus fund, any moneys appropriated for the department of war, or of Unexpended ap the navy, which may remain unexpended in the treasury, or in the hands of the tro-urer, propriations to
be carried to the as agent for those departments, whenever he shall be informed, by the secreturies of
surplus fund. Balance to be repaid to the treasury.
(a) The president does not possess the power to order any portion of a specific appropriation for the mileage and pay of members of the house of representatives to be transferred to the contingent fund of that body. 3 Opin. 442. But he may direct appropriations for one fortification to be transferred to another. 4 lbid. 110. And he may, if he deem it conducive to the public interest, direct transfers of appropriations from the branch of expenditure of the quartermaster's department, to the other branches of barracks, quarters, &c., and of transportation of officers' baggage. Ibid. 363.
(b) Moneys appropriated to the service of the war department, and remaining unexpended in the treasury, may be carried to
those departments, that the object for which the appropriation was made has been
4. It shall be the duty of the secretaries of the war and navy departments, to lay Statement of ex before congress, on the first day of February, of each year, a statement of the appropriations of the preceding year, for their departments respectively, showing the amount.
the surplus fund, without a report from the secretary of war.
1 May 1820.
war and navy
be laid before
appropriated under each specific head of appropriation, the amount expended under each, and the balance remaining unexpended, either in the treasury, or in the treasurer's hands, as agent of the war or navy departments, on the thirty-first December preceding: departments to And it shall be further the duty of the secretaries aforesaid, to estimate the probable congress. demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current Secretaries to estimate the year; and accounts shall also be annually rendered, in manner and form as aforesaid, probable deexhibiting the sums expended out of the estimates aforesaid, and the balance, if any, mands, &c. which may remain on hand, together with such information, connected with the same, Accounts to be as shall be deemed proper. And whenever any moneys, appropriated to the departments rendered annuof war, or of the navy, shall remain unexpended in the hands of the treasurer, as agent ally. of either of those departments, for more than two years after the expiration of the calendar year in which the act of appropriation shall have been passed, or to which it refers, Unexpended it shall be the duty of the secretary of such department to inform the secretary of the carried to the treasury of the fact, and the secretary of the treasury shall thereupon cause such moneys after two years. to be carried to the account of the surplus fund: Provided, That when an act making an appropriation shall assign a longer duration for the completion of its object, no transfer Unless a longer of any unexpended balance, to the account of the surplus fund, shall be made until the expiration of the time fixed in such act.
moueys to be
time be allowed.
10 Stat. 98.
5. Where any moneys shall have remained unexpended upon any appropriations by 31 Aug. 1852 ? 10. law, other than for the payment of interest on the funded debt, or the payment of interest and reimbursement according to contract of any loan or loans made on account of the When unexpendUnited States, as likewise moneys appropriated for a purpose in respect to which a larger to be carried to duration is specially assigned by law, for more than two years, after the expiration of the surplus fuud. the fiscal year in which the act shall have been passed, all and any such appropriations shall be deemed to have ceased and been determined, and the moneys so unexpended shall be immediately thereafter carried, under the direction of the secretary of the treasury, to the account on the books of the treasury denominated the "surplus fund," to remain like other unappropriated moneys in the treasury, and it shall not be lawful, for any cause or pretence whatsoever, to transfer, withdraw, apply or use for any pur-be used for any pose whatever, any moneys, carried as aforesaid to the surplus fund without further and purpose. specific appropriations by law. (a)
6. All moneys appropriated for the use of the war and navy departments, shall, from 7 May 1822 & 3. and after the day and year last aforesaid, be drawn from the treasury, by warrants of the secretary of the treasury, upon the requisitions of the secretaries of those depart- tions to war and How appropriaments, respectively, countersigned by the second comptroller of the treasury, and navy depart registered by the proper auditor.
ments to be drawn.
II. TRANSFER OF APPROPRIATIONS.
3 Stat. 390.
7. Nothing contained in the act of the 3d of March 1809, (b) entitled "An act further 3 March 1817 § 1. to amend the several acts for the establishment and regulation of the treasury, war and navy departments," shall be construed to authorize the president of the United States to Appropriations direct any sum appropriated to fortifications, (c) arsenals, armories, custom-houses, docks, &c., not to be navy yards or buildings of any sort, or to munitions of war, or to the pay of the army any other object. or navy, to be applied to any other object of public expenditure.
3 Stat. 568.
8. Nothing contained in the act of March 3d 1809, (d) entitled "An act further to 1 May 1820 84. amend the several acts for the establishment and regulation of the treasury, war and navy departments," shall be so construed, as to allow any appropriation whatever for the Appropriations service of one year to be transferred to another branch of expenditure in a different to be transferred year, nor shall any appropriations be deemed subject to be transferred, under the provisions of the above-mentioned act, after they shall have been placed in the hands of the treasurer, as agent of the war or navy departments.
for one year not to another.
Ibid. 25. Certain appro war and navy de
9. The above-mentioned act of the 3d of March 1809, shall be, and the same is hereby, so amended, that the president shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expenditure in the military priations to the department, (e) viz.: for the subsistence of the army, for forage, for the medical and hos- partments may pital department, for the quartermaster's department; to be applied to any other of the be transferred to above-mentioned branches of expenditure in the same department: And that the presi- the same depart dent shall be also further authorized, to direct a portion of the moneys appropriated for any of the following branches of expenditure in the navy department,(g) viz.: for provisions, for medicine and hospital stores, for repairs of vessels, for clothing; to be applied
other objects in
(a) See act 3 March 1795, 16, creating the surplus fund, which is hereby supplied. 1 Stat. 437. In general, an appropriation or a balance thereof, made in any year for any continuous contract or other service of the government, may be applied to the same service during the succeeding or any subsequent year, and does not lapse into the surplus fund, until the particular object be consummated. 7 Opin. 1. Ibid. 14.
(b) Supra, 2.
(c) See infra, 10.
(d) Supra, 2. The act of 1809 is a general enabling statute, and authorized the transfer of appropriations subject only to the restriction contained in it. It has since been modified by the acts in the text. 4 Opin. 110, 301. (e) See infra, 16.
(g) See infra, 12.
1 May 1820.
2 July 1836
5 Stat. 78.
10. The president of the United States is hereby authorized, under the restrictions of the act of the first of May 1820, to make transfers from one head of appropriations for Transfers of ap- fortifications, to that of another for a like object, whenever, in his opinion, the public for fortifications. interest shall require it.
11. There shall exist in the president and in the postmaster-general, the same power to transfer funds from one to another head of appropriations, between the appropriations Appropriations above made for the service of the general post office, as exists in the president and any
other head of an executive department to transfer funds appropriated under one head to the service of another, in any other branch of the public service.
12. In case the sum appropriated for any object should be found more than sufficient to meet the expense thereby contemplated, the surplus may be applied, under the direc tion of the head of the proper department, to supply the deficiency of any other item in the same department or office. (a)
6 April 1833 1.
5 Stat. 223.
to post office may be transferred.
20 Aug. 1842 23. 5 Stat. 533,
Transfers by heads of depart
3 March 1843 2. 5 Stat. 645.
Surplus appropriations, how applied.
31 Aug. 1842 11.
13. All acts, or parts of acts authorizing the president of the United States, or the secretary of the proper department, under his direction to transfer any portion of the moneys appropriated for a particular branch of expenditure in that department, to be the navy depart applied to another branch of expenditure in the same department, be, and are hereby, ment repealed.
5 Stat. 581. Power to transfer appropriations to
so far as relates to the department of the navy, repealed.(b)
14. In case the sum appropriated for any object of contingencies, should be found more than sufficient to meet the expense thereby contemplated, the surplus may be applied under the direction of the head of the proper department, to supply the deficiency of any other item in the same department or office: Provided, That the expenditure for newspapers and periodicals shall not exceed the amount specifically appropriated to that object by this act, except in the state department.
15. No part of the appropriations which may be made for the contingent expenses of either house of congress, shall be applied to any other than the ordinary expenditures of Contingent funds the senate and house of representatives, respectively, nor as extra allowance to any
of congress not to be applied to any other object.
3 March 1845 2 2. 5 Stat. 763.
to any other of the above-mentioned branches of expenditure in the same department: and that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made.
3 March 1847 81. 9 Stat. 171.
16. It shall not be lawful hereafter to make transfers from the clothing fund, or the head of the appropriation for "clothing for the navy," to any other head of appropriation, Appropriations except in the adjustment of the accounts of disbursing officers, at the office of the fourth to clothing fund. auditor of the treasury.
31 Aug. 1852 2. 10 Stat. 107.
clerk, messenger or attendant of the said two houses, or either of them, nor as payment or compensation to any clerk, messenger or other attendant [to] be so employed by a resolution of one of said houses, nor in the purchase of books to be distributed to members.
17. All acts or parts of acts authorizing the president of the United States, or the secretary of the proper department, under his direction, to transfer any portion of the Appropriations moneys appropriated for a particular branch of expenditure in that department, to be to the war department not to be
transferred, except in certain
applied to another branch of expenditure in the same department, be, and are hereby, so far as relates to the department of war, repealed; and no portions of the moneys appropriated by this act shall be applied to the payment of any expenses incurred prior to the first day of July 1852. But nothing herein contained shall be so construed as to prevent the president from authorizing appropriations for the subsistence of the army, for forage, for the medical and hospital departments, and for the quartermaster's department, to be applied to any other of the above-mentioned branches of expenditure in the same department, and appropriations made for a specific object for one fiscal year, shall not be transferred to any other object, after the expiration of that year.
(a) This is a permanent enactment, and limits transfers by the heads of departments to the surplus of appropriations, whilst the power conferred upon the president extends to entire appropriations. 5 Opin. 273, 274. The power is limited to transfers within the same bureau, and to appropriations for such objects as are enumerated in the 224 section of the act. Ibid. 90. It authorizes the transfer and application of the surplus of appropriations, standing to the credit of the war department, to supply the defi
ciency of the appropriation for preventing and suppressing Indian hostilities. Ibid. 274, 282. And such transfer is not in conflict with the constitution, nor with the act 3 March 1795, 16, (1 Stat. 437), creating the "surplus fund." Ibid. 283.
(b) Since the passage of this act, the president has no power to direct transfers in the navy department, of moneys appropriated to one particular branch, to the account of another branch of ex• penditure. 4 Opin. 266. And see Ibid. 428
5. Terms of the circuit court.
I. ADMISSION INTO THE UNION.
1. Arkansas admitted. Boundaries of the state. 2. Laws of the United States extended to.
3. Public lands reserved to the United States.
4. Propositions to the state of Arkansas. Section sixteen, in every township, granted for the use of schools. Certain salt springs, and lands adjoining, granted to the state. Five per cent. of proceeds of public lands for improvements. Lands granted for public buildings. For a seminary of learning. To provide for the primary disposal of the public lands by the United States. Public lands not to be taxed. Lands of non-residents not to be taxed higher than those of residents. Bounty lands to be exempt from taxation for three years.
II. CIRCUIT court.
III. DISTRICT COURTS.
6. District judge to be appointed. To appoint a clerk. 7. District attorney.
9. Terms of the eastern district of Arkansas.
10. Jurisdiction over the Indian territory.
11. Divided into two districts.
12. Terms of the western district. Special sessions.
12 Western district to have circuit court powers. Appeals to the supreme court.
14. District attorney, marshal, and clerk for the western dis trict.
15. Convicts in western district may be sent to the eastern peni tentiary.
16. Convicts may be sentenced to hard labor.
(a) By act 26 March 1804, 2 Stat. 283, all that portion of country ceded by France to the United States on the 30 April 1803, under the name of Louisiana, lying south of the Mississippi territory, and of an east and west line to commence on the Mississippi river at the 334 degree of north latitude, and extending west to the boundary of the cession, was formed into a territory under the name of the territory of Orleans. The residue of the cession, embracing Missouri and Arkansas, was called the district of Louisiana. and placed under the government of Indiana territory. By act 4 June 1812, 2 Stat. 743, this district becaine the territory of Missouri. On the 2 March 1821, 3 Stat. 645, congress provided by joint resolution for the admission of Missouri into the Union, which admission became complete on the issuing of the president's proclamation, 10 August 1821. 3 Stat. 797. By act 2 March 1819, 3 Stat. 493, all that part of the territory of
I. ADMISSION INTO THE UNION.(a)
5 Stat. 50.
Boundaries of the
1. The state of Arkansas shall be one, and is hereby declared to be one of the 15 June 1836 8 1. United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever, and the said state shall consist of all the territory Arkansas adincluded within the following boundaries, to wit: beginning in the middle of the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude, running from thence west, with the said parallel of latitude, to the Saint Francis iver; thence state. up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west to the southwest corner of the state of Missouri; and from thence to be bounded on the west, to the north bank of Red river, by the lines described in the first article of the treaty between the United States and the Cherokee nation of Indians west of the Mississippi, made and concluded at the city of Washington, on the 26th day of May, in the year of our Lord 1828; and to be bounded on the south side of Red river by the Mexican boundary line, to the north-west corner of the state of Louisiana; thence east, with the Louisiana state line, to the middle of the main channel of the Mississippi river; thence up the middle of the main channel of the said river, to the thirty-sixth degree of north latitude, the point of beginning.
2. All the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the said state of Arkansas, as elsewhere within the United States.
3. The state of Arkansas is admitted into the Union upon the express condition that the people of the said state shall never interfere with the primary disposal of the public Public lands re lands within the said state, nor shall they levy a tax on any of the lands of the United served to the States within the said state; and nothing in this act shall be construed as an assent by congress to all or to any of the propositions contained in the ordinance of the said convention of the people of Arkansas, nor to deprive the said state of Arkansas of the same grants, subject to the same restrictions which were made to the state of Missouri by virtue of an act entitled "An act to authorize the people of the Missouri territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and to prohibit slavery in certain territories," approved the 6th day of March 1820.
5 Stat. 58.
4. In lieu of the propositions submitted to the congress of the United States, by an 23 June 1836 8 1. ordinance passed by the convention of delegates at Little Rock, assembled for the purpose of making a constitution for the state of Arkansas, which are hereby rejected; and
Missouri lying south of a line beginning on the Mississippi river at 36 degrees north latitude. running thence west to the river St François; thence up the same to 30 degrees 30 minutes north latitude, and thence west to the western territorial line, was erected into a separate territory called Arkansas territory, to take effect after 4 July 1819; and the seat of government was estab lished at the post of Arkansas until otherwise directed by the territorial legislature. By act 26 May 1824, 4 Stat. 40, the western boundary of Arkansas territory was fixed at a point forty miles west of the south-west corner of the state of Missouri, and to run south to the right bank of Red river, and thence down that river, and with the Mexican boundary, to the line of the state of Louisiana. The seat of government of the territory was fixed at Little Rock, in 1821, where it has ever since remained. Introduction to Hempstead's Circuit Court Reports, 3-4.