Gazette of the United-States. (New-York [N.Y.]) 1789-1793, November 07, 1789, Image 4

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Begun and held at the City of Neu>-York, on Wednesday the Fourth
of Ala/ch) One Thouland Seven Hundred and Eighty** Nine.
•An ACT toejlablifli the JUDICIAL COURTS of the UNITED
Eit cvafitd by the Senate and House of Reprejentatives ojthe United
States of America in Longrejs- ajfcmbled, That the Supreme
Court oi the United States shall contilt of a chief iuftice and five
alfociate justices, any four ol whom shall be a quorum, and ihall
hold annually at the feat of government two fcfiioits, the one
commencing the firft Monday of February, and the other the fiift
Monday of August. That the aflociate justices (hall have prece
dence according to the date of their commiflions, or when the
com millions of two or more of them bear date on the fame day,
according to their refpe&ive acres.
And be it further enabled, That the United States (hall be, and
they hereby are divided into thirteen diftri&s, to be limited and
•ailed as follows, to wit, one to consist of that part of the State
Ot Mafiachufetts which lies eafterlyof the State of New-Hamp
lnirc, and to be called Maine diftria ; one to consist of the State
of New-Hampshire, and to be called New-Homofliire diftria;
one to consist of the remaining part of the State of Maflacfrufetts,
«JV° ca Jled MafTachufetts diftria ; one to consist of the state
ot Conneaicut, and to be called Connecticut diftria; one to
l^c tate New-York, and to be called New-York
diitna ; one to coufift of the State of New-Jersey, and to be
called New-Jersey diftria; one to consist of the State of Penn
sylvania, and to be called Pennsylvania diftria ; one to consist of
t-ie State of Delaware, and to be called Delaware diftria ; one to
the State of Maryland, and to Recalled Maryland di-
one to consist of the State of Virginia, except that part
called the diftria of Kentucky, and to be called Virginia diftria ;
one to consist of the remaining part of the State of Virginia,
and to "be called Kentucky diftria ; one to consist of the State of
South Carolina, and to be called South CaTohna diftria; 4nd one
to consist of the State of Georgia, and to be called Georgia diftria.
And be it further enaOid, Thut th«e be a court called a diftria
court, in each of the aforementioned diflrjas, to consist of one
judge, wlio shall icfide in the diftria for which he is appointed,
and he (hall be called a diftria Judge, and shall hold annually
tour .((pons, the firft of which to commence an follows., to wit,
Hi toe diftnfo of New-York and of New-jcrfev on the firft, in
the diftria ol Pennsylvania on the fecund, in the diftria of Con
nmitut on the third, and in thediftria of Delaware, on the fourth
Tuesdays of November next; in the diftrias of MafTachufetts of
Mam 2nd of Maryland, on the firft; in the diftria of Georgia
on the second, and in the dittriat of New-Hampshire, of Virgi
nia and Kentucky, on the third Tuesdays oi December nevt; and
theothef three feflions progreflively in the refpeftive diftrifts on
trie like Tuesdays of every third calender month afterwards, and
in the diftrift of South Carolina, on the third Monday in March
and September, the firft Monday in July, and the leeond Mo*,
day of December of each and evejy year, commencing in Decern
cr next ; and that the Diftrift Judge (hall have power to hold
Ipecial courts at his diferetion. That the dated diftria court
"all be held at the placej following, to wit, in the diftrift of
1 *" Port ' aD d and PownalboTough alternately, beginning at
the firft ; in thediftrift of New-Hamp(hire, at Exeter and Poitf
mouth alternately, beginning at the firft ; in the diftrift of Mas.
Jachufetts, at Boston and Salem alternately, beginning at the firft-
V* tne diftrift of Connecticut, alternately at Hartford and New-
Haven, beginning at the firft ; in the diftrftof Ncw-Yorfc,at New
tork; in the diftrift of New-Jersey, alternately at New-Brun
iwick and Burlington, beginning at the firft ; in the diftrift of
Pennsylvania, at Philadelphia and York-Town alternately, tecin
ning at the firft ; in the diftrift of Delaware, alternately at New.
Cattle and Dover, beginning at the Srft ; in tha diftrift of Mary,
land, alternately at Baltimore and Eafton, beginning at the firft •
m the diftrift of Virginia, alternately at Richmond and Williaorf
burg, beginning at the firft ; in the diftrift of Kentuckv, at Har
rodlburgh; m the diftrift of South-Carolina, at Charleston ; in
t*e diiinct of Georgia, alteniatelv at Sawnnah and Augulb, be
ginning at tlie firft;—and tbat the fpecul courtj (hall be held at
tie lame place in each diftrift as the stated courts, or in diftrifts
that have two at either of them, in the discretion of the judge, or
at such other place in the diftrift, as the nature of the business
TOd his discretion (hall dircft. And that in the diftrifts that have
but one place for holding the diftrift court, the records thereof
hall be kept at that place ; and in diftrifts that have two, at that
plicr in each diftrift which the judge (hall appoint
Audit it further evaded, That the beforemcntioned diftrifts
except thofeof Maine and Kentucky, Hall be divided into three
circuit., and be called the eastern, the middle and the foutheni
circuit. That the eastern circuit (hall consist of the diftnfts ol
ixew-Hampftiire, MairachuTetts, Connecticut and New-York •
that the middle circuit (hall consist of the diftrifts of New-lerfey'
Pennsylvania, Delaware, Maryland and Virginia; and that the
louthern circuit fliall consist of the diftrifts of South-Carolina
and Georgia, and that there (hall be held annually in each diftrift
ot said circuits two courts, which (hall be called circuit courts,
*nd ihall consist of any two justices of the Supreme Court, and
the diftrift judge of such diftrifts, any two of whom shall confti.
tute a quorum : Prtmitd, That no diftrift judge (hall give a vote
in any cafe of appeal or error from hi* own decision ; but mi,
allign the reasons of such his decision.
And be it further traded, That the firft session of the said circuit
tourt in the several diftrifts (hall commence at the times following
to wit; in New-Jersey on the second, in New-York on the fourth,
in Pennsylvania on the eleventh, in Connecticut on the twenty,
lecond, and in Delaware on the twentv-feventh, days of April
next; in MafTachufetts on the third, in Maryland on the seventh,
Ml South-Carolma on the twelfth, in New-Hampfliire on the
twentieth, in Virginia on the twenty-second, and in GeOTjna on
the of May next, and the subsequent feflions
the refpeftive diftrifts on the like days of every fixjth calender
months afterwards, except m South Carolina, where the rcflion of
the laid conrt (hall commcnce on the firft, and in Georgia where
Jt shall commence on the feventetnth day of October, and except
when any of thofedays shall happen on a Sundav,and then the fef.
hon shall commence on the next day following. And the feflions of
tne said circuit court Ihall be held in the diftrift of Xew-Hamp
•k "j m ? U,h r d F " Ct " a 't"natcly, beginning at the firft ;
Vi the diftrift of MafTachufetts at Boston ; in the diftrfft of Con
necticut alternately at Hartford and New-Haven, begiuriing at the
*liL' '!l e °f New-York, alternately at New-York and
/Mbany, beginning at the firft; in the diftrift of New-Terfcv at
trenton ; in the diftrift of Pennsylvania, alternately at Philadel
phia ann i ork-fown, beginning at the firft ; iu the diftrift of
Delaware alternately at New-Castle and Dover, beginning at the
irft in the diftrift of Maryland, alt.ersatcly at Annapolis and
-ginningat the firft; in the diftrift ofVirginia, altcrnate
-ft So riC 1" ''I'amfborgh, beginning at the firft ;
J. the diftrift of Souih-Carnlina, alternately at Columbia and
Charleston, beginning at the firft ; and in the diftrift of Goorgi,.
a.:croaicly at Savannah and Augusta, beginning at the firii. And
tne circuit courts shall have power to hold special feflions for the
trial ot criminal causes at any other time at their discretion, oral
tne (lifcrrtioii of the Supreme Court.
And beltfurthir ena&td, That the Supreme Court may, by any
oueor more of its justices being present, be adjourned from day
to day until a quorum be convened ; and that a circuit court mav
from day so day by any one of its judges, or if
none are present by the marshal of the diftrift until a quorum be
convr-ned ; and that a diftria court in enfe of the inability of the
at the commencement of a may bv virtue
Of a wiitten order from the said direaed to the of
t»e d:fti 'ft he adjourned by the said marliul to tuch day, mtecf.
denttn ihr next stated fifiion of the said couit, o$ fn the said
order shall be appointed, and in cafe of the death of the said
judge, ana his vacancy not being supplied, all progress, pleading
and proceedings of what nature soever, pending before the said
court, fliall be continued of couife until the next stated fcflion af
ter the appointment and acceptance of the office by his fucceflbr.
And be it cnadtJ, That the (upreme court, and che diftria courts
fliall ha\ e power to appoint clerks for their refpeftive courts, and
that the cleik for each diftrift court ffiall beclerk also of the cir
cuit court in fucli diftria, and cacli of the said clerks fliall, before
lie enters upon the cxccuti on of his office, take the following
oath or affirmation, to wit, " I A. B. being appointed clerk of
, do solemnly (wear, or affirm, that I will truly
" and fairhfully enter and record all the orders, decrees, judg
" incuts and proceedings of the said court, and that I will tai'th
" tully and impartially discharge and perform all the duties of my
•' said office, according to the bed of my abilities and underltand
" irjg. So help me God." Which words, so help me God,
(hall be omitted in all cases where an affirmation is admitted in
stead of an oath. And the feid clerks shall also fcverally give
bond, with fufficient foretica (to be approved of by the fuprcme
and diftria courts refpeftivelyj to the United States, in the sum
of two thousand dollars, faithfully to discharge the duties of his
office, and seasonably to reccn-d the decrees, judgements and de
termination* of the court of which he is clerk.
And be itfurther enachd, Tliat the justices of the Supreme Court,
and the diftria judges, before they procccd to execute the duties
of their refpcQive offices, ffiall take the following oath or affirm
-11 ation, to wit, " I A. B. do solemnly swear or affirm, that I
" will administer jnfticc withont refpeft to perfoas, and do equal
" right to the pooi and to tire rich, and that I will faithfully
" and impartially dilcbarge and perform all the duties incumbent
" on me as , according to the best of my abilities
" and underflanding, agreeably to the constitution and laws of
" the United States. So help me God."
And be it further enafled, That the diftria courts (hall have ex
clusively of the courts of the several State, cognizance of all
crimes and offences that shall be cognizable under the authority of
the United States, committed within their refpeffive diftrifts, or
upon the highfeas; where no other puniffimcnt than whipping,
notexceeding thirty ttiipes, a fme not exceeding one hundred
dollars, or a term of imprifoinentnot exceeding fix months, is to
be infli&cd ; and shall also have exclusive original cognizance of
all civil eaufes of admiralty and maritime jurifdi&ion, including
all seizures under lawsof impost, navigation or trade of the U
nited States, where the seizures arc made, on waters which are
navigable from the sea by vessels of ten or more tons burthen,
within theiT refpefteftive diftrids as well as upon the high leas ;
saving to fuitois, in all cases, the right ol a common law rel
medy, where the common law is competent to give it: And shall
also have exclusive original cognizance of all seizures on land, or
other waters than as aforefaid, made, and of all suits for penalties
and forfeitures incurred, under the laws of the United States. And
ffiall also have cognizance, concurrent with the courts of the several
States, or the circuit courts, as the cafe may be, of all cants where an
alien sues tor a tort only in violation of the law of nations or a treaty
of the I'nited States. And shall alio have cognizance, concurrent as
last mentioned, of all faits at commoa law where the United
States sue, and the matter in difputr amounts, exclusive of cods
to the sum or value of one hundred dollars. And ffiall also have
juris Jidion exclufiveiy of the coarts of the several States, of all
suits agalnft consuls or vicr-r.onfuls. except for offences above the
delcription aforefaid. And the trial of iffiics in fact, in the dif
tria courts, in all caufrs except civil eaufes of admiralty and ma
ritime jurifdichon, ffiall be byjury.
] n n t 6 n "fatitrtnaaei. That the d.drift court in Kentucky
diflria ffiali, besides the jurifdiftion aforefaid, have jurifdia.on
of all other caules, except of appeals and writs error, herein
after made cognizable in a circuit court, and shall proceed therein
in the fame manneras a circuit couit, and writs of error and
appeals (hall lie from decisions thereinto the Supreme Court in
the fame causes, as from a circuitcourt to the Supreme Conrt, and
under the: fa m e regulations.—And the diflria court in Maine dif
rj 'n- " e "° es t ' le j ur 'fdiaionherein before granted, have iu
rildittion of all eaufes, except of appeals and writs of error herein
alter made cognizable in a circnit court, and shall proceed therein
in the fame manner as a circuitcourt: And writs of error ffiall lie
trom decisions therein to the circuit courtin the diftria of MafTa-
Chuli tts, in the fame manner as from other diftria courlsto their
relpective circuit courts.
And be itfurtker enaticd. That the circuit courts shall have origi
nal cognizance, concurrent with the courts of the several States, of
all luits of a civil nature at common law or in equity, where the
matter in dispute exceeds, exclusive of coftj, the sum or value of
five hundred dollars, and the United States are plaintiff,, or pe
i loners ; or an alien is a party, or the suit is between a citizcn of
aj rifn l" 6 !S b rougtit, and a citizen of another State.
And lhall have exclusive cognizance of all crimes and offences
cognizable under the authority of the United States, exceptwhere
this ail otherwise provides, or the laws of the United States fliall
otlienviledirea,and concurrent jurifdiaion withthediftria courts
0 the crimes and offences cognizable therein. But no person
lhall be arretted in one diftria for trial in another, in any civil ac
lon before a circuit or dlllrift court: And no civil suit ffiall be
roug it cfore cither of (aid courts against an inhabitant of the
Vnittd States, by any original proccfs in any other diftria than
that whereof he is an inhabitant, or in which he may be found at
the time of serving the writ, nor ffiall any diftr,a or circuit court
ave cognizance of any suit to recover the contents oi any promif
fZ l km - aftl6n in favor of unless a
luit might have been ptofecuted in such court to recover the said
f",?" 15 ,f "° assignment had been made, except in cases of foreign
1 r ngf " 'he circuit ccurts ffiall also haveappellate
_u ifdiftion from the diftnft courts under the regulations and re
ltntiions herein oftcr provided.
And fa UjuTther enaflcd, That if a suit be commcnccd in any
an alien, or by a citizen of the State in which
the suit is brought againfl a citizcn of another State, and the mat
ter in difpnte cxceeds the aforementioned sum or value of five
f7' '•'"c 1 "'"" of Whe made to appear to the
™ LT l,tCOUrt ; and the defendant ffiall, at the time of
&Vi- PPe f r ? nCe ' n , f " ch StM court,file « petition for the re
the dflrin Ck™ ' rlallnto tfienext circuit court, to be held in
o the rfVfl iA <S ? ertd ' n S> or if in diftria of Maine
l ! l h ° ldcn theftin ' or if ln Kentucky
£Ood and f ffi r COUn neXl ,0 be holdcn therei ". off"
good and fufficient surety for his entering into such court, on the
forVis 3 yi'! COp '" of fa,d process against him, and also
fnrri I K i a PP ea *mg and entering fpccial bail in die cause, if
the S T VCf! " ,fltC ' h " ein ' il 1,1311 the du-
caufr furet *' Sl,d f roc " d further in
bedi'fcWerl T y * a' /j' may h,ve becn orißinally taken ffiall
fiirh rr. , r'u ,t 'i ,1 copies being entered as aforefaid, in
such court ofthe United States, thecaufe ffiall there proceed in the
fiHne manner as ,f It had been brought there by original process
the or y ° UaC r" t " f , thc S ood » Of cftate of the defendant by
anfwe'r £ 'the firrlt'r! h °'' d t . ho B oods or attached, to
r, „ . judgment in the fame manner as by the laws of
such state they wotn^ have been holden to answer fi/al judgmem
had I been rendered bv the court in which the suit commenced
nd in any adion commenced i« a State court, the title of land
matter'ffi fhf * the of the fame State, and the
I r dl f P«te exceed, the sum or vaulue of five hundred dollars
u ne of eofls, the sum or value being madeto appear to the satis'
faa.on of the court, either party, before the tria£ fhau lbte -o
w court and moke affidavit if they require it, that he claims and
fl al rely upon a or title to the land, under a rr.nttpm a
t'lert'ri » r laatl,at in w ''ich the suit is pending, and produce
he grant or an exemplification of it cxccot where th
! " fS " f put' Wu, of U, power a/d
Hilt the ItfterU »,irty mform tV>« cAfet, v'K>ti«rj tr 1 '
or title to the Jtud undtr a grant from .he State in vSthef'
■s pending ;t he said adverse party fKall give such inform,,' 1
otherwise not be allowed to plead such grant, or give it S° r
upon then lal,and if be ml or ms that he doesclaim under Ll "
the party claiming under the grant firft mentioned n.av tk Pai "'
motion, remove the cause for trial to the next cirri, i ' °"
holdcn ill such diftria, or if in the difli ia of Maine to tf '° be
next to be bolden therein ; or if in Kentukv dift, ia, t'o thedjX
court next to be holder. therein; but if he is thi-ar,
ihall do it under the fame regulations at in the belorememl
cafe of the removal of the cause into such clrtb y 7u alt A "1
neither party removing the cause, (hall be allowed to nl'J)
give evidence of any p. her title than thai by him stated asator-Iv
as the ground of his claim. And the trial of issues in Si&TZ
circß.l coort., in all fort., except thole of eq„J
admiralty, and maritime iurifidi&ion, be by jury-
Aud i t it further emichJ,' That the Supreme Court (hall have«
dunvejunftliction of all of a civil nature
State is a party, except between a State and its ci„ Z ens ; a „7 c .
cept also between a Sutc and citirens of other States or ali«T
in which latter cafe it lhall have origin,! but not exdufive w t
diaion And (hall have cxclufivelv all fuchiurifdiaon of nt
proceedings against AmbalTadors, or other public Minifteit >
their doineftics, or domestic fei-vants, as a court of law can hL
Orexercife conhftemly with the law of nations; and original b«
not exclude junld,ft,on of all suits brought by Ambaflfdoi,' o
other public Mmillers, or in which a Consul or Vice-consul Lll
be a party. And the trial of issues in faß in the Supreme Court
in .11 aaions at law against citizens of the United States ftiiU
be by jury. Die Supreme Court lliall also have appellate iurifdc
turn from the circuit courts and courts of the feveial States,'in the
cafe, herein after fpicially provided for ; And (ball have' power
to illue writs of prohibition to the diftria courts, when proceed
ing as courts of admiralty and maritraejurifiiaion, and writs of
mandamus, in cases warranted by the principles and utogcsolhw
to any courts appointed, or ptifons holding office, under theau!
tliority of the United States.
Andbe it father cnalleJ, That all the beforemcntioncd com# of
the buited States, shall have powcT to issue writs of hire tufa
naheat corpus. and all other writi not fpcciallv provided so. hvfcl
a h ' Ch ""'X l ' f " eceffijl >' f "* ilk " ftercife of their refprfi", t
'i" j , to the pi mciples and usages ofl 4 „
And that either of the justices of the Supreme Court, as >ell w
judges of the drftria courts, shall have power to print writ , of h
teas corpus for the purpose oi an enquiry into «he oa»fc of come, r.
Provided, that writs of luhii shall in so cafe ox.
tend to pnfoners in goal, unless where they ate in custody, under
OI by colour of rhe authority of the United States, orare commu
ted for trial before forae court ot the fame, ot are necd&ry tobe
brought into court to teftify.
And be it further enathd. That all the said courts of the United
State*, lhall have power in the trial of aftiom at law, on motion
and due notice thereof being given, to require tht patties ta pro.
duce bonk, or writings in their poflcllion or power, wliicli coo,
tain evidence pertinent to theilfue, in cases and under circum
ftanccs where they might be compelled to produce the fame by the
ordinary rule, of proceeding in chancery : and if a plaintiff (hall
"Hi tc> comply with fnch order, to produce books or writing*, it
(hall be lawful for the courts rcipetuvrl)-, on "notion, IQcivetlir
like judgment for the defendantasin cafe, of nonsuit, and if a de
fendant shall fail to comply with such order, to produce books or
writings, it shaH be lawful for the courts refpeaivfly, on motio*
ai aforefaid, to gite judgment against him or her by default.
And be it further cnafltd, That iuits in equity lliall not be fuflairw
ed in either of the courts of the United States, in any cafe where
plain, adequate and complete rctucdy maybe had at law.
And be itfnrther ertafled, That all the said courts of theUwtei
States /hall have power to grant new trials, in cases where thert
has been a trial by jury for reasons for which new trials haw
been ufnally granted in courts of law ; and shall have powertoira
pofe and administer all necessary oaths or affirmations, and to pu
nish by fine or imprisonment, at the discretion of said courts, ail
contempts of authority in any cause or hearing before the fame;
and to make and eflablifh all necessary rules for the orderly con
ducing business in the said courts, provided such rules are not re
pugnant to the laws of the United States.
And be itfnrther enafled, That, when in a circuit court, judg
ment upon averdid in a civil action shall be entered, execution
may on motion of either party> at the discretion of the court, ani
on such conditions for the security of the adverse party as they
may judge proper, be flayed forty-two days from the time of en
tering judgment, to give time to file in the Clerks office of fail
court, a petition for a new trial. And if such petition be thert
filed within the said term of forty-two days, with a certificate
thereon from either of the judges ol such court, that Ije allow s the
lame to be filed, which certificate he may make or refufc at his dis
cretion, execution shall oftourfc befurther flayed to the next feflion
of said court. And il a new trial be granted, the former judgment
ftiall be thereby rendered void.
(To be continued.)
OF PAY INC DEBTS.—Owe no man «ny thing-
Economy is a matter of experience—the con
versation and advice of a friend may be highly
advantageous to the young, who need inftruo
tion. rhe principle of julticeis unfolded, and
the pra&ice of it eltabliflied by the communica
tions and approbation of one in whom they con
fide—Next to the testimony of a good conscience
in our favor, the testimony of a friend is the belt
defence against unjuftifiable compliances with,
pernicious customs —The secrecy which some af
fecit with regard to their affairs, declining all
communications on the lubjed:, often leads to
distress which timely counsel might have prevent
There are falfe, but plausible maxims, which
a friend might unmalk—there are propensities,
seemingly generous, which he might check
there are confcquences which he might forefee,
and in the spirit of meekness foretel ; there is®
lenfeof justice at the bottom of the heart, which
he might roufe,and provoke to break through eve
ry obltacle.—" Faithful (in this sense) are the
wonndsof a friend"—Happy is the young wan
who is favored with a friend, whose penetration
may prove a lamp to his feet, and a guide to his
There is a magnanimity of spirit in g> v '"S>
and receiving advice which few poflefs ; but h c
other virtues may be acquired.
W JNTED, to complete Files of this paper, numbers
441 fnrf 48 ;St k ptnee each will be paid lor eithe r °f^ ,0 J e nam
at the office of the Editor. OcUcr 24.
Pnbliftied by JOHN'f'ENNO, No. 9.. M f IPF '' :
1-A.\ f . ura; ;1 1C O/ N i -a'-Yob k—i .J t'' *