13 Stat. 438. Powers of assist ant collector at Jersey City. 14. That the assistant collector appointed under the act entitled "An act to annex a 25 Feb. 1865 1. part of the state of New Jersey to the collection district of New York, and to appoint an assistant collector to reside at Jersey City," approved February 21st 1863, be and he hereby is authorized to enroll and license, according to the laws of the United States, all vessels engaged in the coasting trade and fisheries, owned in whole or in part by residents of the counties of Hudson and Bergen, in the state of New Jersey; and all such enrolments and licenses shall be as valid and effectual as if the same had been effected in any other port of the United States; and the said assistant collector, in the enrolment and licensing of vessels, shall be subject to the laws of the United States, and liable to all the penalties and responsibilities imposed upon collectors in like cases. 15. That the town of Whitehall, in the state of New York, which by existing law is 13 July 1866 ? 1. a port through which imported merchandise may be exported, in bond and for drawback, to the adjacent British North American provinces, be and the same is hereby con- Whitehall to be stituted a port of delivery, within the collection district of Champlain; and a deputy- livery. collector, as now authorized by law, shall there reside, who shall receive the same compensation as is now paid to the deputy-collector now stationed at that port. 14 Stat. 94. a port of de 14 Stat. 542. Duties may be secured and paid at Albany. 16. That Albany, in the state of New York, and within the collection district of 2 March 1867 ? 1. New York, be and is hereby declared to be a port of delivery, within the aforesaid district; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to the customary duties performed by that officer in other places, perform the duties prescribed in an act entitled “An act allowing the foreign merchandise imported into Pittsburgh, Wheeling, Cincinnati, Louisville, Saint Louis, Nashville and Natchez, to be secured and paid at those places," approved March 2, 1831. The said surveyor, before taking the oath of office, shall give security to the United States, for the faithful performance of his duties, in the sum of ten thousand dollars, and shall receive, in addition to the customary fees and emoluments of his office, an annual salary of six hundred dollars. 17. The same privileges granted to the ports of delivery mentioned in the first sec- Ibid. § 2. tion of this act, and the restrictions created by the said act, are hereby extended and Privileges and made applicable to all goods, wares and merchandise imported into the United States restrictions. at any port of entry and destined to said port of Albany. Ibid. 3. 18. That the secretary of the treasury shall be and he is hereby authorized to extend the privileges of the warehouse acts of August 6th 1846, and March 28th 1854, and Warehouse acts the regulations of the treasury department relating thereto, to the said port of Albany. may be extended to Albany. North Carolina. 1. Districts of Albemarle, Pamlico, Beaufort and Wilmington. Salaries of collectors. 2. Secretary may change port of entry in Beaufort. 3. Port of entry of Albemarle removed to Edenton. 14 Stat. 411. marle. lico. fort. 1. There shall be in the state of North Carolina four collection districts, to wit: one, 25 Feb. 1867 1. to be called the district of Albemarle, which shall include Albemarle, Currituck and Croatan sounds, and all the waters, shores, harbors, rivers, creeks, bays and inlets ad- District of Albejacent to and flowing into the said sounds, together with that part of Pamlico sound north of and including Loggerhead inlet, and all waters and shores appertaining thereto; and the port of entry for said district shall be at Plymouth: another, to be called the District of Pam district of Pamlico, which shall include Pamlico sound, and all the waters, shores, harbors, rivers, creeks, bays and inlets adjacent to and flowing into said sound, exclusive of the district of Albemarle, and including the south line of Neuse river to the northern entrance of Core sound; and the port of entry for said district of Pamlico shall be at Newbern: another, to be called the district of Beaufort, which shall include all the District of Beauwaters, shores, harbors, creeks, bays and inlets south of the district of Pamlico, and north of and including New river and inlet; and the port of entry for said district of Beaufort shall be at Beaufort: and another, to be called the district of Wilmington, District of Wilwhich shall include all waters, shores, harbors, creeks, bays and inlets south of the dis-mington. trict of Beaufort to the southern boundary of the said state; and the port of entry for said district of Wilmington shall be at Wilmington. And the collector of each of said Salaries of coldistricts shall reside at the port of entry thereof, and shall be appointed by the president, by and with the advice and consent of the senate, and receive a salary at the rate of one thousand dollars per annum, in addition to the fees of office: Provided, That such compensation shall in no case exceed the sum of twenty-five hundred dollars per annum in the aggregate. lectors. 2. The secretary of the treasury, should it at any time hereafter seem to him necessary, may change the port of entry in the district of Beaufort, from Beaufort to Morehead city; and all acts and parts of acts conflicting with the provisions of this act be and the same are hereby repealed. 3. That the port of entry in the Albemarle collection district be removed from Plymouth to Edenton, North Carolina. 2 July 1862 1. 12 Stat. 502. Oath of public officers. Form of oath. ing claims. 8. By whom administered. Penalty for violation. 1. Every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military or naval departments of the public service, excepting the president of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation: "I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States, since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God;" which said oath, so taken and signed, shall be preserved among the files of the court, house of congress, or department to which the said office may appertain. And any person who shall falsely take the said oath shall deemed perjury. be guilty of perjury; and on conviction, in addition to the penalties now prescribed for that offence, shall be deprived of his office, and rendered incapable for ever after of holding any office or place under the United States. Violation to be 17 July 1862 1. 12 Stat. 610. by masters of 2. The commanders of all American vessels sailing from ports in the United States to foreign ports, during the continuance of the present rebellion, and all persons proseOath to be taken cuting claims, either as attorney or on his own account, before any of the departments Vessels, and per- or bureaus of the United States, shall be required to take the oath of allegiance, and to sons prosecuting support the constitution of the United States (or affirm, as the case may be), as required of persons in the civil service of the United States by the provisions of the act of congress approved August 6th 1861.(a) claims. 3. The oath or affirmation herein provided for in the first section of this act may be taken before any justice of the peace, notary public or other person who is legally authorized to administer an oath in the state or district where the same may be administered; and any violation of such oath by any person or persons taking the same, shall subject the offender to all the pains and penalties of wilful and corrupt perjury, who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having competent jurisdiction thereof. 4. Whenever any person who has participated in the late rebellion, and from whom all legal disabilities arising therefrom have been removed by act of congress, by a vote of two-thirds of each house, has been or shall be elected or appointed to any office or place of trust in or under the government of the United States, he shall, before entering upon the duties thereof, instead of the oath prescribed by the act of July 2, 1862, take and subscribe the following oath or affirmation: "I, A. B., do solemnly swear (or affirm) that I will support and defend the constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God." (a) See ante 173. 1. Every person holding any civil office to which he has been or hereafter may be appointed, by and with the advice and consent of the senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he shall have been appointed, unless sooner removed by and with the advice and consent of the senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided.(a) 5 April 1869 1. 16 Stat. 6. Civil officers not to be removed, unless by consent of the senate. Ibid. § 2. the recess. 2. During any recess of the senate, the president is hereby empowered, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the President may senate, except judges of the United States courts, until the end of the next session of suspend during the senate, and to designate some suitable person, subject to be removed in his discretion by the designation of another, to perform the duties of such suspended officer in the mean time; and such person so designated shall take the oaths and give the bonds required by law to be taken and given by the suspended officer, and shall, during the time he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended. And it shall be the duty of the president, within thirty days after the commencement of each session of the senate, except for any office which, in his opinion, ought not to be filled, to nominate persons to fill all vacancies in office which existed at the meeting of the senate, whether temporarily filled or not, and also in the place of all officers suspended; and if the senate, during such session, shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the president shall nominate another person, as soon as practicable, to said session of the senate, for said office. 14 Stat. 430. vacancies. 3. The president shall have power to fill all vacancies which may happen during the 2 March 1867 23. recess of the senate, by reason of death or resignation "or expiration of term of office," (b) by granting commissions which shall expire at the end of their next session Power to fill thereafter. (c) And if no appointment, by and with the advice and consent of the senate, shall be made to such office, so vacant or temporarily filled as aforesaid, during such next session of the senate, such office shall remain in abeyance, without any salary, fees or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the senate; and during such time, all the powers and duties belonging to such office, shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. 4. Nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law. 5. If any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise, or attempt to hold or exercise, any such office or employment, he shall be deemed and is hereby declared to be guilty of a high misdemeanor; and upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. 6. Every removal, appointment or employment, made, had or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning or issuing (a) The first and second sections of the act 2 March 1867 were repealed by this act, and these provisions were substituted in lieu thereof. It may, perhaps, be considered that the constitutionality of this section was determined in Johnson's Trial, but it can hardly be deemed a closed question; the first congress, held immediately after the adoption of the constitution. determined, after a lengthy and exhaustive debate. that the power of removal was vested in the president, by the constitution. Serg. Const. Law 372-3. Marshall's Life of Washington 196. And this doc trine has ever been held by the judicial department. Ex parte Hennen, 13 Pet. 230. Marbury v. Madison, 1 Cr. 137. Gratiot v. United States, 1 N. & H. 258. Commonwealth v. Bussier, 5 S. & R. 451. It may well, therefore, be doubted, whether the senate, sitting as a court of impeachment, had power to overrule the construction placed upon the constitution not only by the entire congress, but by the unanimous voice of the judiciary for threequarters of a century. (b) So amended by act 5 April 1869. 16 Stat. 7. Ibid. 24. Ibid. 25. Penalty for accepting office convisions of the act. trary to the pro Ibid. 26. a recess of the senate, to fill a vacancy that occurred, by expira tion of commission, during a previous session. Case of the District Attorney, 16 Am. L. R. 786; s. c. 8 Int. R. Rec. 137. Nor can he make an original appointment, during the recess, to an office created at the previous session. Schenck v. Peay. Circuit Court, Arkansas, April 1869, Pamph. 11. People v. Forquer, Breese 68. Serg. Const. Law 373. Nor can he fill a vacancy, which occurred during a previous recess, a session of the senate having intervened. Kensey Johns' Case, 1 Cong. Elect. Cas. 874. Williams' Case, 2 Cong. Elect. Cas. 612. Phelps' Case, Ibid. 613. And as to what is deemed a session of the senate, and what is deemed a recess, see Case of the District Attorney, 16 Am. L. R. 786; s. c. 8 Int. R. Rec. 137. There are many opinions by attorneys-general, which contravene these principles of constitutional law; but they can have no authority, when placed in opposition to the decisions not only of the courts. but of the legislative department of the government. See 1 Opin. 631. 2 Ibid. 525. 3 Ibid. 673. Ibid. 301, 523. 11 (c) The president has no power, under the constitution, during 1bid. 179. VOL. II.-31 2 March 1867. Penalty for appointments or re morals in contra vention of the act. Ibid. 7. tions and rejec tions to be furnished to the of any commission or letter of authority, for or in respect to any such appointment or employment, shall be deemed and are hereby declared to be high misdemeanors; (a) and upon trial and conviction thereof, every person guilty thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court: Provided, That the president shall have power to make out and deliver, after the adjournment of the senate, commissions for all officers whose appointment shall have been advised and consented to by the senate. 7. It shall be the duty of the secretary of the senate, at the close of each session Lists of nomina thereof, to deliver to the secretary of the treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all executive depart- the persons who shall have been nominated to and rejected by the senate, during such session; and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. ments. Ibid. § 8. Notification of temporary appointments. Ibid. 9. No money to be paid to persons holding office in violation of the act. 8. Whenever the president shall, without the advice and consent of the senate, designate, authorize or employ any person to perform the duties of any office, he shall forthwith notify the secretary of the treasury thereof; and it shall be the duty of the secretary of the treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department. 9. No money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the treasury or not, to or by, or for the benefit of, any person appointed to, or authorized to act · in, or holding or exercising the duties or functions of, any office, contrary to the provisions of this act; nor shall any claim, account, voucher, order, certificate, warrant or other instrument, providing for or relating to such payment, receipt or retention, be presented, passed, allowed, approved, certified or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. And every person who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor; and upon trial and conviction thereof, shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding ten years, or both said punishments, in the discretion of the court. 21 Feb. 1863 1. 12 Stat. 657. Ohio. 1. Terms of the circuit and district courts. I. CIRCUIT AND DISTRICT COURTS. 1. Instead of the times now fixed by law, the circuit and district courts of the United States for the several districts in the states composing the seventh judicial circuit shall Terms of the cir hereafter be held as follows:-Ohio. At Cleveland, for the northern district of Ohio, on the first Tuesdays in the months of January, May and September in each year; at Cincinnati, for the southern district of Ohio, on the first Tuesdays in the months of February, April and October in each year. cuit and district courts. (a) In Johnson's Case, it was held by the senate, that the act as originally passed did not apply to one of the heads of the executive departments, appointed by the predecessor of the presi dent, who was in office at the time of the passage of the law, and then holding over. Johnson's Trial. 11 Stat. 383. into the Union. 1. Whereas the people of Oregon having framed, ratified and adopted a constitution 14 Feb. 1859 3 1. of state government which is republican in form, and in conformity with the constitution of the United States, and have applied for admission into the Union on an equal footing Oregon admitted with the other states: Therefore, Be it enacted, That Oregon be and she is hereby received into the Union, on an equal footing with the other states in all respects whatever, with the following boundaries: In order that the boundaries of the state may be Boundaries. known and established, it is hereby ordained and declared that the state of Oregon shall be bounded as follows, to wit: beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast, lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia river; thence easterly, to and up the middle channel of said river, and where it is divided by islands, up the middle of the widest channel thereof, to a point near fort Walla-Walla, where the forty-sixth parallel of north latitude crosses said river; thence east, on said parallel, to the middle of the main channel of the Shoshones or Snake river; thence up the middle of the main channel of said river, to the mouth of the Owyhee river; thence due south, to the parallel of latitude forty-two degrees north; thence west, along said parallel to the place of beginning; including jurisdiction in civil and criminal cases upon the Columbia river and Snake river, concurrently with states and territories of which those rivers form a boundary in common with this state. Ibid. § 2. Concurrent jurisdiction on rivers bounding the 2. The said state of Oregon shall have concurrent jurisdiction on the Columbia and all other rivers and waters bordering on the said state of Oregon, so far as the same shall form a common boundary to said state, and any other state or states now or hereafter to be formed or bounded by the same. And said rivers and waters, and all state. the navigable waters of said state, shall be common highways, and for ever free, as Navigable rivers well to the inhabitants of said state, as to all other citizens of the United States, with- to be public highout any tax, duty, impost or toll therefor. ways. Ibid. § 3. 3. That the following propositions be and the same are hereby offered to the said people of Oregon for their free acceptance or rejection, which, if accepted, shall be Propositions. obligatory on the United States and upon the said state of Oregon, to wit: I. That School lands. sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. II. That seventy-two sections of land shall be Lands for a university. set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office; and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. (a) III. Public buildings. That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to said state, for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. IV. That all salt springs within said state, not exceeding Salt springs. twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the same to be selected by the governor thereof, within one year after the admission of said state,(b) and when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature shall (a) See act 2 March 1861. 12 Stat. 208. (b) Extended for three years, by act 17 December 1860. 12 Stat. 124. |