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en Ike manner, in the said newspapers, or in such of them as he shall for that purpose 20 April 1818 des gnate, the public treaties (a) entered into and ratified by the United States.(6)
2. Whenever official notice shall have been received, at the department of state, tlat Ibid. ? 2. any amendment which heretofore has been, or hereafter may be, proposed to the constitu- Amyndments te tion of the United States, has been adopted, according to the provisions of the constitution, it shall be the duty of the said secretary of state forthwith to cause the said amendment to bu published in the said newspapers authorized to promulgate the laws, with his certificate, specifying the states by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the constitution of the United States.
3. The proprietor of every newspaper in which the laws, resolutions, treaties or Ibid. & 3. amendments, shall be so published, shall receive, as full compensation therefor, at the
Compensation for rate of one dollar for each printed page of the laws, resolutions and treaties, as published publication. in the pamphlet form in the manner hereinafter directed. And if it shall appear, on the examination of any account, that there has been any unreasonable delay or intentional Deduction for
delay. omission in the publication of the laws aforesaid, the proper accounting officer of the treasury is hereby authorized and required to deduct, from such account, such sum as shall be charged therein for the publication of any laws which shall have been so unrea- Newspaper to be sonably delayed or intentionally omitted. And in any such case it shall be the duty of the discontinued. secretary of state to discontinue the publication of the laws in the newspaper belonging to such proprietor, and such newspaper shall, in no event, be again authorized, nor shall the proprietor thereof be again employed, to publish the laws of the United States.
4. The secretary of state shall cause to be published, at the close of every session of Ibid. 2 4. congress, and as soon as practicable, eleven thousand copies of the acts of congress at Acts of congress, large,(c) including all resolutions passed by congress, amendments to the constitution &c., to be priuted. adopted, and all.public treaties made and ratified since the then last publication of the laws; (which copies (d) shall be printed on paper, and in the size of the sheet and type, in a manner to correspond with the late revised edition of the laws, published by Bioren & Co.,] which copies shall be distributed in the following manner: To every person who has been low distributob president of the United States, one copy to each, during their respective lives; to the present and every future president and vice president, one copy to each, during their lives; one copy to the actual president and vice president, to be deemed an appurtenant to their offices respectively; to each member of the senate and house of representatives, and to each delegate in congress from any territory, one copy each; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the general use of the committees and members of the respective houses; to the judges and clerks of the supreme and district courts, and to the marshal and attorney of each district or section of a district, one copy each; to the secretaries of state, of the treasury, of war and of the nary, and to each of their chief clerks one copy each; one copy to the attorney-general, to each of the comptrollers and auditors, and to the register and treasurer of the United States, and to the commissioner of the revenue, and the commissioner of the general land office, and to the paymaster-general, and the adjutant and inspectorgeneral, and to the commissary-general of supplies, and the director of the mint; one copy to each collector, naval officer, surveyor and inspector of the customs; to the governors, judges, secretaries and clerks of the territories of the United States, one copy each; to the postmaster-general, and each assistant, one copy; and one copy to each of the surveyors-general of the lands of the United States, and to each register of a land office ; and one copy to each publisher of a newspaper authorized to promulgate the same. The delivery of the said copies shall be under the direction of the secretary of state, or such officer as he shall, for that purpose, authorize. 5. Three hundred of the said copies shall be annually placed in the library of con
Ibid. ? 5. gress; and every member of congress, and every delegate shall be entitled to the use of
Library of cona copy during the session, and the same shall be returned and accounted for, as may be gross. prescribed by the rules of the library. And one hundred of the said copics, authorized Army and navy. by this act to be printed, shall be delivered to the secretary of war, and fifty copies to the secretary of the navy, to be by them respectively distributed among such officers of the army and navy as the public service may require. Four hundred copies shall be Foreign minisreserved by the secretary of state, to be distributed by him, at his discretion, among the ters. public and foreign ministers and consuls and other public agents.
6. The residue of the said number of copies, authorized to be printei, shall be distri. buted among the several states and territories, in proportion to the number of represen
IV. 2 6.
(a) Also the treaties with the Indian tribas hy act 3 March (c) By resolution of 3 April 1918, an alphabetical index of the 18:; iniri. 12. Se 6 Opin. 617. as to the law proviously to the acis ani joint resolutions pessol it the preeeling session of cini pas-age of that act.
gris, is to be preparei, printed and distributed threwith. 3 h) This acting wis repealed hy acts 11 May 1820 ?? Stat. 576), Stut. 475. and 26 Aazust 18425 Stat 527); but is re-enacted by act 8 (d) Altered; see infra, 18. August 1946. infri, 10-11
9 stat. 76.
At of 1ste re
Art of 1818 revised.
3 March 1855,
20 April 1818. tatives and delegates to which each state and territory may be entitled in congress, at
the time of such distribution. Ibid. 27. 7. Whenever the secretary of state shall enter into any contract with any person for
the publication of the laws, in the pamphlet form, as aforesaid, he shall require at least publication. two good and suficient sureties for the faithful performance of the contract; and, in every
such agreement, it shall always be stipulated that the number of copies hereby author. ized to be printed, shall be delivered at the office of the secretary of state within thirty days after the adjournment of each session of congress, and that, for every day's delay in such delivery, the person so contracting shall forfeit the sum of one hundred dollars,
to be deducted from the compensation to which he otherwise would have been entitled. Ibid. 28. 8. That all acts, or parts of acts, heretofore passed, which in any manner contravene Repealing seo
the provisions of this act, or which may be inconsistent with the same; and all acts, or parts of acts, in which are contained any provisions for the publication of the laws, either
in a pamphlet form or in newspapers, be, and the same are hereby repealed. Ibid. & 9. 9. Whatever sum of money may be necessary to carry into effect this act, besides any Aj propriations specific appropriations, for the same objects, that have been, or may be, made, shall be
paid out of any money in the treasury not otherwise appropriated. 8 Aug. 1814, 2 1. 10. That the 21st section of the act entitled “ An act legalizing and making appropri
ations for such necessary objects as have usually been included in the general appro
priation bills, without authority of law, and to fix and provide for certain incidental pealed.
expenses of the departments and offices of the government, and for other purposes,"
approved August 26, 1842, be, and the same is hereby repealed. (a) Ibil.22. 1.1. That so much of the act entitled "An act to provide for the publication of the laws
of the United States, and for other purposes," approved April 20th, 1818, as is repealed by the said 21st section, be and the same is hereby, revived and continued in force:() Provided, that the secretary for the department of state shall cause the publication of such laws, resolutions, treaties and amendments, in two of the newspapers in the dis trict of Columbia, and in each of the several states and territories of the United States and no more.
12. The treaties made during the present congress, with the Indian tribes, and those 2 11. 10 Stat. 671.
to be made in future, shall be published as the laws and other treaties in the newspapers Iudian treaties. of such states and territories as the secretary of the interior may think expedient.
II. STATUTES AT LARGE. 3 March 1815. 21. 13. The attorney-general is hereby authorized and directed to contract, on behalf of
the general government, with Messieurs Little and Brown, for one thousand copies of Attorney-koneral their proposed edition of the Laws and Treaties of the United States, at a price not
exceeding three dollars and fifty cents a volume: Provided, nerertheless, That the conlarge.
tract aforesaid shall be made upon the terms and conditions following, that is to say:
(6) Supra, 1.
5 Stat. 799.
the statutes at
ning of each congress shall be stated the place where the session was held, the name of 3.Mach 1845. the president of the United States, of the president of the senate, and the speaker of the house of representatives. Sixth. At the foot of each page, in a note, reference shall be made to all decisions of the supreme, circuit and district courts, construing or applicable to the law or treaty in the text. Seventh. There shall be a full alphabetical verbal general index of all the matters of the laws, resolves and treaties, at large, under the leading heads, with full reference, under the minor heads, to all the matters, according to the plan and illustration in the memorial aforesaid; and a separate index of the matters in each volume, prepared in the same manner as the general index, shall be subjoined to each volume. There shall be an appendix at the end of each volume, containing a complete list of all the acts, resolves and treaties in the volume, chronologically arranged, with a brief and general description of the subject of the act, in this form,
that is to say:
Stat. 1789, chap. 1. Oaths of office.
Stat. 1789, chap. 4. Establishment of executive departments. Eighth. The said Little and Brown shall stipulate, with good and sufficient and satisfac- Additional tory security, to furnish the United States with such additional copies of the work, in copies. all respects like the foregoing, as the government from time to time may require, at prices not to exceed two dollars and seventy-five cents a volume; and they shall stipulate, with such security for the faithful performance of all parts of the contract which Security. the attorney-general is herein authorized to make; and, in addition to such security, they shall execute to the United States a conveyance of the stereotype plates from which the first copies shall be printed, for the purpose of printing the additional copies thereof, in such form that in whosesoever hands the plates may be at any future and distant period of time, the delivery of such additional copies to the United States may be effeetually secured; they shall make immediate insurance on such plates, for the benefit of the United States and the proprietors of the plates, against loss by fire; and on the plates of the title page of each volume the interest of the United States in the plates as defined by this resolution, shall be printed. Ninth. Before the United States shall be Approval. called on to pay for any volume of the work, it shall be submitted to the attorneygeneral, or to such other officer or officers of government as congress may designato ; and on his or their approbation thereof, and his or their decision that it is edited and printed in all respects according to the contract, it shall be paid for from the treasury of the United States. 14. That, for the purpose aforesaid, there be appropriated and paid, out of any money
Ibid. & 2. in the treasury not otherwise appropriated, a sum not exceeding twenty-one thousand
15. That the one thousand copies of Little and Brown's edition of the laws and treaties 8 Aug. 1816. 2 1 of the United States, already purchased by congress, be distributed, under the direction of the secretary of state, as follows: One copy to the president and one copy to the rice How distributed president of the United States; one copy to each of the justices of the supreme court of the United States, and to the clerk of said court; one copy to each of the heads of departments, and one copy to the attorney-general of the United States; one copy to each of the several states and territories of the Union, to be placed in the library of such state or territory; one copy each to the governments of Great Britain, France, Russia, Austria, Prussia, Spain, Portugal, Sweden, Denmark, Bavaria, the Netherlands, Belgium, Sardinia, Greece, Turkey, Tuscany, the Ecclesiastical States, the Two Sicilies, China, Brazil, Mexico, New Grenada, Venezuela, Chili, Peru, the Argentine Confederation and the Sandwich Islands; forty copies to the heads of departments, for the use of their various offices and bureaus; two hundred and eighty copies to the librarian of congress, for the use of the members of the senate and house of representatives during the sessions of congress; four copies to the law library of congress; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the chambers and committee rooms of the two branches; one copy to the judge and one copy to the district attorney, and one copy to the clerk, of each of the district courts of the United States; one copy to each of the judges and clerks of the supreme courts of the territories and district of Columbia; one copy to each collector of customs in the United States; one copy to each surveyor of the customs places where there is no collector ; one copy to each of the surveyors-general of the public lands, and to each register and receiver of the land offices; one copy to each of the foreign ministers of the United States; one copy to the library of each navy yard in the Union; one to the naval lyceum at Brooklyn, New York; one to the naval school at Annapolis, Maryland; one to the naval institute at Charleston, Massachusetts; and one copy to the military academy at
9 Stat. 75.
Officers to hold
perty of the government.
To be evidence
8 August 1846. West Point: and the residue of said thousand copies shall remain at the future disposal
of congress: Provided, That the copies of the laws thus distributed to public officers the same as pro- shall be held for the use of heir respective offices, and as the property of the govern.
ment; and that, in case of the death, resignation or dismission from office, of either of said officers, or whenever their terms of office shall expire, the said copies of the laws shall be delivered up to their successors in said offices : and a printed copy of this pro
viso shall be inserted into each of the volumes thus distributed. Ibid. & 2.
16. And whereas said edition of the said Laws and Treaties of the United States has been carefully collated and compared with the original rolls in the archives of the government, under the inspection and supervision of the attorney-general of the United States, as duly certified by that officer; therefore, Be it further enacted, That said edition of the Laws and Treaties of the United States, published by Little and Brown, is hereby declared to be competent evidence of the several public and private acts of congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several states, without any further proof or authentication thereof.
17. That the secretary of state cause to be furnished to each of the clerks of the
several district and circuit courts of the United States a sufficient number of copies of To be furnished Little and Brown's edition of the statutes at large, with those heretofore received, to supply
the clerk's oflice at each place where said courts are required by law to be held, one copy
for the use of said clerk's office and of said courts.(a) 20 Sept. 1850. 18. That the secretary of state be authorized and directed to contract with Little and
Brown to furnish their annual Statutes at Large, printed in conformity with the plan Annual statutes adopted by Congress in 1845, instead of the edition usually issued by his order, under torbe contracted the act of congress of April 20th, 1818, and which conforms to an edition of the laws
now out of use.
7 August 1816,
9 Stat. 339.
to derks of courts.
9 Stat. 564.
I. ADMIRALTY JURISDICTION. 24 Sept. 1780.2 9. 1. The district courts (6) *** shall also have exclusive original (c) cognisance of 1 Stat. 76-7.
all (d) civil causes of admiralty and maritime jurisdiction,(e) including all seizures (9) (a) By resolution of 11 August 1848, four cories to be furnished New Jersey Steam Navigation Co. r. Merchants’ Bank, 6 IIow. to the solicitor of the treasury for the use of his office. 9 Stat. 344. Bazin v. Liverpool and Philwirlphia Steamship Co., 5 Am. 310.
L. R. 465. Thatcher v. McCulloh, Olcott, 365. And in cases of () See ante 8, note ($).
general arerake. Mutual Safety Insurance Co. r. Cargo of the C) The circuit rourts hare no original jurisdiction in admiralty. Briz(ieorge, Oleutt. 89. Their jurisdiction embraces all cases of a Governor of Georgia. Madrazo, 1 Pet. 121. Ketland e. The maritime nature, whether they be particularly of admiralty cog. Cassius, 2 Dall. 365. And neither the president, nor any inforior nisanie or not; and such jurisdiction, and the law regulnting its executive officer, can establish a court of prize, competent to take exrrcise, are to be sought for in the general maritime law of jurisdiction of a case of capture jure belli. Jecker v. Montgomery, nations, and are not confined to that of England, or any other 13 Ilow. 198.
particular maritim nittion. Davis r. The Briz Seneca, 6 Penn. (nl) The district court, as a court of original jurisilietion, has L. J. 213. The Friendship, 2 Curt. C. C. $26. They have also general jurisdiction of all causes of admiralty and maritime jurisdiction in cases of prize. Jennings r. Carson's Executors, I juri-diction, without reference to the sum or value of the matter Prt. Aum. 9–10. Glass 2. The Sloop Betsey, 3 Dall. 6. Jerker o. in controversy. Stratton r. Jarvis, 8 Pet, il.
Montgomery, 13 Jlow. 517. And of all cases of marino trespass or (e) This comprehends all maritime contracts, and those which tort. "The Amiahlo Nancy, 1 Princ, 111. S. C.. 3 Wh. 646. The relate to the navization, business or commerce of the sea, and admiralty, however, has no jurisdiction in matters of account the building, repairing or supplying of vessels. Davis v. A New between part owners.
Steamboat Orleans r. Phoebus, l1 Pet Briz. Gilp. 473. "If the subject-matter of a contract coucern the 175. And see Vandewater r. Mills, 19 low. 82. navigation of the sea, it is a case of adiniralty and maritime (9) The district court of the district where the seizure is made, jurisdiétiop; althuch the contract be made on land. Such are bas exclusive jurisdiction. The Brig Little Ann, 1 l'aine, 40. the contracts of material-men. Zane v. The Brig President, + W. United States v. 'The Bethy. 4 Cr. 452. heene v. United States, 5 C. C. 153. Where repairs have been made, or necessaries fur. Thid. 310. The Merino. 9 Wh. 102. It derives its jurisdiction, not vished to a foreign ship, or a ship in a port of a state to which she from any supposed posression of its officers, but from the act and dows not helong. the general maritime law gives the party a lien; place of seizure for the forfeiture, Schooner Bolina, 1 Gall. 83. and he may maintain a suit in rom. in the admiralty, to enforce Though a superior physical force is not neressary to make a his right. But in respect to repairs and necessaries in the port or seizure. the party in possession must have submitted to the constate to which the ship belongr. the case is governed altogether by trol of the seizing officer, otherwise the seizure is not made. The the municipal law of that state: ami no lien is implied, unless it Josefa Secunda, 10 W. 312. And to confer jurisdiction on the be recognised by that law. The General Smith, 4 Wh. 138. l'eye court there must be a good suhaisting seizure at the time when roux v. Iloward, 7 Pet. 3:24. Davis *. A New Brig. Gilp. 173. Zane the libel or informastion is filed and allowed. The Brig Aun, 9 v. The Briz President, 4 W.C. C. 153. So, also, the courts hure Cr. 249. The Josefa Segunda, 10 Wh. 312. The schooner Silver almiralty juridiction, as well in persona in as in rem, orer libels Spring, 7 Law Rep. 261. fouuded or: contracts of affreightment to be executed on the sea.
1 Stat. 276.
6 Stut. 726.
under laws of impost, navigation or trade of the United States, where the seizures are 24 Sept. 1789. made on waters which are navigable from the sea (a) by vessels of ten or more tons bur
Admiralty juris then, within their respective districts, as well as upon the high seas ;(6) saving to suitors, diction of the in all cases, the right of a common law remedy, where the common law is competent to give it.(c)
2. The forms of writs, executions, and other process, except their style and the forms 8 May 1792, & 2. and modes of proceeding in suits * * * shall be * * * in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usa- Forms of process
and proceedings. ges which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law;(d) except so far as may been provided for by the act to establish the judicial courts of the United States,(e) subject, however, to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rule, to prescribe to any circuit or district court concerning the same.(9)
II. JURISDICTION OVER THE LAKES AND RIVERS. 3. The district courts of the United States shall have, possess and exercise the same 20 Feb. 1845, 2 1. jurisdiction in matters of contract and tort, arising in, upon or concerning, steamboats and other vessels (h) of twenty tons burden and upwards, enrolled and licensed for the Admiralty juriscoasting trade, and at the time employed in business of commerce and navigation between over the lakes ports and places in different states and territories upon the lakes and pavigable waters and navigable connecting said lakes, as is now possessed and exercised by the said courts in cases of the cases. like steamboats and other vessels employed in navigation and commerce upon the high seas, or tide waters, within the admiralty and maritime jurisdiction of the United Mode of proceedStates;(i) and in all suits brought in such courts, in all such matters of contract or tort, the ing. remedies, and the forms of process, and the modes of proceeding, shall be the same as are or may be used by such courts in cases of admiralty and maritime jurisdiction; and Rule of decision. the maritime law of the United States, so far as the same is or may be applicable thereto, shall constitute the rule of decision in such suits, in the same manner, and to the same extent, and with the same equities, as it now does in cases of admiralty and mari- Trial by jury ra time jurisdiction,(k) saving, however, to the parties the right of trial by jury of all facts served. put in issue in such suits, where either party shall require it ;(?) and saving also to the parties the right of a concurrent remedy at the common law, where it is competent Concurrent remeto give it, and any concurrent remedy which may be given by the state laws, where such steamer or other vessel is employed in such business of commerce and navigation.
III. PROCEEDINGS IN TIE ADMIRALTY.(m) 4. The mode of proof by oral testimony and examination of witnesses in open court shall 24 Sept. 1789.2 30. te the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty and maritime jurisdiction, as of actions at common law. * * And Proof by oral exin the trial of any cause of admiralty or maritime jurisdiction in a district court, the vesses. decree in which may be appealed from, if either party shall suggest to and satisfy the court that probably it will not be in his power to produce the witnesses there testifying before How taken-down the circuit court should an appeal be had, and shall move that their testimony be taken
in case of appeal. down in writing, it shall be so done by the clerk of the court: And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction Efect thereof.
1 Stat. 88-9.
amination of wit.
(a) That is within the ebb and flow of the tide. The Thomas force until the passage of the act in the text, provided that the Jefferson, 10 Wh. 428. Peyroux v. Howard, 7 Pet. 342. Steamboat forms and modes of proceeding, in cases of admiralty and mari. Orleans r. Phoebus, 11 Ibid. 183. Waring v. Clarke, 5 IIow. 441. time jurisdiction, should be according to the course of the civil The Salisbury, Olcott, 71. But the admiralty jurisdiction granted law. The provisions of the act in the text have been extended to by the constitution extends to the navigable lakes and rivers of the states since admitted into the Union, by acts of 19 May, 1828, the United States, without regard to the ebb and Now of the tides 1; 4 Stat. 278; and of 1 August 1812, 21; 5 Stat. 499. of the ocean; and, therefore, congress had power, under that pro- (n) Coal barges are not within the act. Jones v. Cincinnati Coal fision, to pass the act of 18+5; (infra 3). Geneseo Chief v. Fitz. Co.; 3 Am. L. R. 391. bugh, 12 Ilow. 13.
() This is within the grant of admiralty jurisdiction conferred (6) Cases under this clause are purely of admiralty jurisdiction; by the constitution. Genesee Chief v. Fitzhugh, 12 Hlow. 113. in all other cases of seizures, the jurisdiction is on the common Waring v. Clark, 5 Ibid. 41. It seems, however, that contracts las side of the court. Clark v. United States, 2 W. C. C. 519. for materials furnished, at the home port, in the building of ves
(C) Thir leaves the concurrent power where it stood at common gels, are not within the act. Ludington v. The Nucleus, 2 Am. L. law. The common law courts exercise a concurrent jurisdiction J. 563. Merritt v. Sackett, Ibid. 341; 8. C., 3 Law Rep. 511. And ju nearly all cases of admiralty cognisance, whether of tort or see Putney v. The Celestine, 4 Am. L. J. 164. The Globe, 3 Ibid. contract, with the exception of proceedings in rem. New Jersey 337. This jurisdiction is not, as between the state and federal Steam Navigation Co. d. Merchants Bank, 6 How. 390. Thus, the courts, exclusive but concurrent, with the common law and stajurisdiction of the admiralty courts of the United States over tutory remedies in the state. Thompson v. Steamboat Morton, questions of salvage, is concurrent with that of the state courts 2 Ohio (N. S.), 26. and not exclusive. Cashmere v. Creneil, 2 Am. L. J. 166. And (k) Independently of this provision, under the constitution, the Fee The Globe, 3 Ibid. 346-7. But the jurisdiction of the federal maritime law of the United States hus the same application to ocurts is exclusive of that of the state courts, except as to the com- cases upon the lakes as upon tide waters. Wolresten v. Lacey, 8 mon law remeiy. They have no concurrent juri-diction to pro Law Rep. 672. ceel in rem, A-bhrook v. The Golden Gate, 1 Newb, 296.
(1) In almiralty and maritime cases, the constitution contning d) A court of admiralty may compel appearance by an attach- 90 limitation as to the mode of proceeding, and congress may, ment of goods, and of rights and credits, in the hands of a third herefore, give to either party the right of trial by jury, or morlify person, an1 may condemn the property attached to satisfy the the practice of the court in ary other respect that it deems more elaim. MJ10 r. Almeida, 10 Wh. 4733. Bouysson v. Miller, Bee, conducive to the administration of justice. Genesee Chief v. Fitz186. And see Lane v. Tow asend. Ware, 286.
hugh, 12 How. 460. (e) Act 21 September 1789. 1 Stat. 73.
(m) See tit. “ Practice,” 5. ) The act 23 September 1780. (1 Stat. 93) which continued in