quished for con

road from Bran

state into the Union on an equal footing with the original states," and all acts supple- 1 Sept. 1841. mental thereto, reserved for the making of a road or roads leading to said state, be and Additional two the same is hereby relinquished to the state of Mississippi, payable in two equal instal- per cent. relinments; the first to be paid on the first of May 1842, and the other on the first of May struction of rail1843, so far as the same may then have accrued, and quarterly, as the same may accrue, don. after said period: Provided, That the legislature of said state shall first pass an act, declaring their acceptance of said relinquishment in full of said fund, accrued and accruing, and also embracing a provision, to be unalterable without the consent of congress, that the whole of said two per cent. fund shall be faithfully applied to the construction of a railroad, leading from Brandon, in the state of Mississippi, to the eastern boundary of said state, in the direction, as near as may be, of the towns of Selma, Cahaba and Montgomery, in the state of Alabama.

II. CIRCUIT COURT.

12. The sessions of said circuit courts shall be held twice in each year in the following 3 March 1837 3 2. districts, to wit: *** commencing in the district of Mississippi, at Jackson, on the first Monday of May and on the first Monday of November, annually.

III. DISTRICT COURTS.

5 Stat. 177. Terms of the circuit court.

8 Stat. 413.

established.

13. The said state shall be one district, and be called the Mississippi district; and a 3 April 1815 2 2. district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge; [he shall hold, at the seat of government of the District court said state, two sessions annually, on the first Mondays in May and December; and he shall, in all things, have and exercise the same jurisdiction and powers(a) which were by law given to the judge of the Kentucky district, under an act entitled "An act to establish the judicial courts of the United States."] He shall appoint a clerk for the Clerk. said district, who shall reside and keep the records of the court at the place of holding the same; and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services. (b)

4 Stat. 399.

14. Instead of the times now prescribed by law for holding the court of the United 5 May 1830 g L States for the district of Mississippi, the said court shall commence its sessions on the fourth Monday in January, and the fourth Monday in June, in each and every year.

4 Stat. 773.

15. The district court of the United States for the district of Mississippi, now held at 3 March 1835 ? L Natchez, shall hereafter be held at the town of Jackson, in the state of Mississippi, at the times now prescribed by law for the holding of said court.

5 Stat. 247.

into two districts.

16. The state of Mississippi shall be and the same is hereby divided into two districts, 18 June 1838 § 1. in the following manner, to wit: the counties of Noxubee, Winston, Attala, Carrol, Bolivar, Coahoma, Tunica, De Soto, Marshal, Tippah, Tishemingo, Itawamba, Monroe, State divided Lowndes, Oaktibbeha, Choctaw, Yalobusha, Tallehatcha, Ponola, Lafayette, Pontotoc and Chickasaw, in said state, shall compose one district, to be called the northern dis- Northern. trict, and a court shall be held for the said district, at the town of Pontotoc. And the residue of the counties of the said state shall hereafter compose the southern district of Southern. Mississippi, and a court shall be held for the same, as heretofore, at the city of Jackson.

Ibid. 2.

17. There shall be two terms of the district court, for the northern district, held at Pontotoc, in each year, to begin on the first Monday of June and December; and the dis- Terms of northtrict judge of the United States for the state of Mississippi is hereby required to hold the ern district. courts aforesaid.

proper district,

18. All suits hereafter to be brought in either of said courts not of a local nature, shall Ibid. 24. be brought in the court of the district where the defendant resides; (c) but if there be Local actions to more than one defendant, and they reside in different districts, the plaintiff may sue in be brought in the either, and send a duplicate writ against the defendant, directed to the marshal of the other district, on which the plaintiff or his attorney shall indorse that the writ thus sent is a copy of a writ sued out of the district court of the proper district; and the said writs, when executed and returned into the office from which they issued, shall constitute one suit, and be proceeded in accordingly.

Ibid. 25.

19. The judge of the said courts shall appoint a clerk of the district court of the northern district, who shall reside and keep his office, and the records and documents Clerk of northern appertaining thereto, at the place of holding said courts; said clerk shall be entitled to district. the same fees allowed by law to the clerk of the other district of the state of Mississippi, perform the like duties and be subject to the same liabilities and penalties.

Ibid. 3 6.

20. A marshal and district attorney shall be appointed in the northern district of the state aforesaid, having the same duties and liabilities, in all respects, as are now pos- Marshal and dis sessed by the marshal and district attorney, respectively, in the state of Mississippi; and trict attorney. the said marshal is hereby required to give the same bonds that other marshals are

(a) The circuit court powers of the district court of Mississippi were abolished by act 3 March 1837 3. 5 Stat. 177. But see infra, 22, as to the court of the northern district.

(b) The 4th and 5th sections of this act, provide for the appoint ment of a district attorney and marshal. (c) See infra, 23.

18 June 1838. required to give under the laws of the United States, to be approved of and recorded as now directed by law.

Ibid. 27. Compensation.

16 Feb. 1839 1. 5 Stat. 317.

Circuit court powers.

Ibid. 22.

Ibid. 3.

Appeals.

Ibid. 24.

Sales on execu

21. The marshal and district attorney for the northern district, shall have the same salaries, fees and compensation, as are allowed and paid to the other marshal and district attorney for the state of Mississippi, under the laws of the United States. (a)

22. The court of the northern district of Mississippi, besides the ordinary jurisdiction of a district court, shall have jurisdiction of all causes, except appeals and writs of error, cognisable by law in a circuit court, and shall proceed therein in the same manner as a circuit court.

23. Defendants residing in said northern district shall not be sued in the circuit court held at Jackson, except in the cases and in the mode prescribed by the fourth section of the act to which this is an amendment.

24. All appeals and writs of error from the decisions of the said district court, when exercising the powers of a circuit court, shall be directly to the supreme court of the United States, in the same manner and under the same limitations and restrictions that they are now allowed by law from the circuit court.

25. The marshal of the several districts in the state of Mississippi, in addition to the several sale days now allowed by law, may be authorized to sell property at the courttion regulated. house of each county on Monday of each week, and on the first and second days of each term of the district court; and he may, at the written request of the defendant, change the sale of property to the place where the United States court for his district is holden: Provided, In the opinion of the marshal, the interest of the plaintiff would not be compromitted thereby.

2 March 1821 1. 3 Stat. 617.

river.

IV. COLLECTION DISTRICTS.

26. All the bays, waters and shores on Lake Borgne and the Gulf of Mexico, and all the rivers emptying into the same, within the limits of the state of Mississippi, shall be District of Pearl a collection district, to be called the district of Pearl river; of which a port near the mouth of Pearl river, at such place as the president of the United States shall designate, shall be the port of entry. And a collector for the district shall be appointed, to reside at such place as the president shall direct, at or near the said port, who shall be entitled to receive, in addition to the fees and other emoluments established by law, the annual salary of two hundred and fifty dollars.

30 June 1834

4 Stat. 715.

District of Natchez.

Ibid. 22.

1.

27. All the ports, harbors, shores and waters of the Mississippi river, within the state of Mississippi, be and they are hereby constituted a collection district, by the name of the Natchez district; and a port of entry shall be established at Natchez for said district, and a collector shall be appointed, who shall give the usual bond required of such officers, and be entitled to a salary of five hundred dollars per annum.

28. All vessels proceeding to the said port of Natchez, from any port or place in Vessels to report foreign countries, shall stop and report her arrival at the port of New Orleans; and at New Orleans. before such vessel shall proceed on her voyage to the said port of Natchez, it shall be the duty of the collector of the said port of New Orleans to order on board any such vessel, a custom-house officer, who shall remain on board such vessel until her arrival at the said port of Natchez; and it shall be the duty of such custom-house officer t take possession and safely keep all the papers belonging to such vessel, having relation to the freight or cargo on board, which papers he shall deliver to the collector of the port of Natchez, immediately after his arrival at that port. And any such vessel, which shall depart from the said port of New Orleans, without such custom-house officer on board, shall be subject to all the pains and penalties provided for by law for a violation of the revenue laws of the United States. (b)

Ibid. 23.

Payment of expenses.

7 July 1838 31. 5 Stat. 287.

29. The expenses of the custom-house officer which may be put on board of any such vessel at New Orleans, from the time of his being put on board, until his return to New Orleans, shall be paid by the owner or owners of such vessel.

30. All that part of the state of Mississippi north of the point where the range line strikes the Mississippi river, between townships thirteen and fourteen, of the Washington District of Vicks- land district, is hereby created a collection district, to be called the Vicksburg district, burg. whereof Vicksburg shall be the port of entry, subject to all the regulations and duties prescribed in regard to the district of Mississippi, by an act passed the 30th of June 1834, (c) entitled "An act to establish a port of entry at Natchez, in Mississippi, and creating certain other ports of delivery, and for other purposes;" and Grand Gulf shall be a port of delivery within said district of which Natchez is the port of entry.

Grand Gulf a port of delivery.

7 July 1838 38. 5 Stat. 267.

Collector at
Vicksburg.

31. A collector shall be appointed at the port of Vicksburg, who shall give the usua bonds required by such officers in the penal sum of ten thousand dollars, and be entitled to a salary of five hundred dollars per annum, and that the salary for the present year be paid out of any money in the treasury not otherwise appropriated.

(a) See now, the general fee-bill.

(b) See tit. "Louisiana," 16, 26-31.

(c) See supra, 28-9.

9 Stat. 220.

32. Ship island, in the collection district of Pearl river, in the state of Mississippi, is 9 May 1848 3 1. hereby made a port of delivery ;(a) and that the president of the United States be authorized, with the advice and consent of the senate, to appoint a deputy collector to Ship Island, a port of delivery. reside at said port of Ship Island, who is hereby authorized to perform the duties of a collector of the customs, and who shall, before he enters on the duties of his office, take and subscribe the oath contained in, and in the manner prescribed by the seventh section of the act of the 3d March 1817, entitled "An act to continue in force an act entitled Deputy collector.

An act further to provide for the collection of duties on imports and tonnage,'" &c.

and who shall give a bond for the true and faithful discharge of his duties in the same manner as collectors, naval officers and surveyors are required to give bonds under existing laws. And the compensation of the aforesaid deputy collector shall be the fees established by law for the services he may perform, and no more.

V. LAND OFFICES.

2 Stat. 230.

the Pearl river.

33. For the disposal of the lands of the United States within the Mississippi territory, 3 March 1803 3 4. two land offices shall be established in the same, one at such place in the county of Adams, as shall be designated by the president of the United States, for the lands lying District west of west of "Pearl river," sometimes called "Half-way river;" and one at such place in the county of Washington, as shall be designated by the president of the United States, for the lands lying east of Pearl river. And for each of the said offices, a register and a receiver of public moneys shall be appointed, who shall give security in the same manner, and in the same sums, and whose duties and authority shall in every respect be the same, in relation to the lands which shall be disposed of at their offices, as are by law provided in relation to the registers and the receivers of public moneys in the several offices established for the disposal of the lands of the United States, north of the river Ohio and above the mouth of Kentucky river.

2 Stat. 480.

attached to dis

34. That part of the lands to which the Indian title was extinguished by the treaty 31 March 1808 35. with the Choctaw nation, made on Mount Dexter, in the year 1805, (b) lying on the east of Pearl river, shall be attached to the land district east of Pearl river; and the residue Choctaw lands of the lands to which the Indian title was extinguished by said treaty, shall be attached trict west of the to the land district west of Pearl river. And the said lands shall, with the exception of Pearl river. section number sixteen, which shall be reserved in each township for the use of schools within the same, and also with the exception of fifteen hundred acres of land, which is hereby confirmed to John McGrew, in compliance with the fourth article of said treaty, (c) be offered for sale under the same regulations, at the same prices, and on the same terms, as other lands lying within the said districts.

35. For the purpose of ascertaining the titles and claims to lands in that tract of 25 April 1812 2 1. country which lies south of the Mississippi territory, east of the river Mississippi and

2 Stat. 713.

island of New Orleans, and west of the river Perdido, and a line drawn with the general Pearl river to be dividing line of course thereof to the southern boundary of the said Mississippi territory, the lands within districts. the said limits shall be laid off into two land districts, between which Pearl river shall

be the boundary.

3 Stat. 530.

36. For the purpose of adjusting the titles and claims to lands in the districts afore- 3 March 1819 2 5. said, and for the disposal of the lands which may remain the property of the United States therein, a land office shall be established in each of the said districts, to be kept, Where land offfor the western district, at St. Helena Court-house, and, for the eastern district, at Jackson Court-house.

ces to be kept.

3 Stat. 680.

37. All that tract of country which was ceded to the United States by a treaty with 6 May 1822 3 1. the Choctaw Indians, held on the 18th day of October, in the year of our Lord 1820, near Doak's Stand, (d) in the state of Mississippi, be and the same is hereby formed Choctaw district. into a land district; and for the disposal of the public lands in said district, a land office shall be established within the same, at such convenient place as the president of the United States may direct and appoint. And for said office a register and a receiver shall be appointed by the president, by and with the advice and consent of the senate, who shall severally give bond with security, before entering on the duties of their respective offices, in like manner and for like sums, shall receive similar compensation, fees and emoluments, and shall perform similar duties and possess similar powers, with all other registers and receivers of public moneys of the United States, appointed by law for the disposal of the public land; and shall, in all respects, be governed by the laws of the United States providing for the disposal of the public land: Provided however, That the first sale of the lands within the district aforesaid may be held at such convenient place within the district west of Pearl river, as the president of the United States may appoint: And provided also, That the president may, if it should be necessary, in consequence of

(a) By act 3 March 1855, Columbus in the state of Mississippi, and within the collection district of Mobile, is constituted a port of delivery, subject to the provisions of the act 2 March 1831. See tit. “Louisiana,” 26. (b) 7 Stat. 98.

(c) 7 Stat 99.

(d) 7 Stat. 210.

6 May 1822.

Ibid. 2. Sales of lands

therein.

Ibid. 23

Jombigbee attached to this district.

the establishment of a new basis meridian, attach a portion of the land otherwise be longing to the district established by this act to the district west of Pearl river.

38. That the president of the United States be and he is hereby authorized, when he shall think proper, to cause so much of the land within the district created by this act, or which may be attached to the district of Pearl river, and which may be surveyed, to be exposed to sale, on the same terms and conditions, and in the same manner, as all other public lands of the United States, with the exception of section numbered sixteen, in each township, which shall be reserved for the use of schools within the same; and of such other reservations as now may, or hereafter may exist, by virtue of any act of cession, treaty or law of the United States. And for the lands so sold, patents shall issue on the terms and conditions, and in the manner provided by law in relation to all other public lands of the United States.

39. All the lands lying on the east side of the Tombigbee river, in the state of MissisLands east of the sippi, and to which the Indian title has been extinguished, be, after the thirtieth day of October next, attached to the district established by the first section of this act; and the public lands therein shall be sold, on the same terms and conditions, and in the same manner, and patents shall issue for the lands so sold, agreeably to the provisions of the laws for the disposal of the public lands of the United States in the state of Mississippi, with the exception of the section numbered sixteen, in each township, which shall be reserved for the use of schools within the same, and of such other reservations as now are made, or hereafter may be made, by law. And it shall be the duty of the register of the district of Madison county, under the direction of the commissioner of the general land office, to transfer such books, maps and records, or transcripts thereof, to the register appointed for the district established by the first section of this act, as may be necessary to carry into complete effect the provisions of this section of this act.

Ibid. 24.

Lands attached to district of Jackson county.

22 May 18321.

4 Stat. 517.

2 March 1833 1. 4 Stat. 653.

North-western district.

Ibid. 2.

Lands attached to Choctaw dis

trict.

Ibid. 23. North-eastern

district.

40. That from and after the thirtieth day of October next, such part of the district east of Pearl river, as lies within the state of Mississippi, be attached to and constituted a part of the district of Jackson county; and the president of the United States shall cause the land office to be removed to such place within the district of Jackson county, as established by this act, as he may deem convenient. And that part of the district of Jackson county which lies within the state of Alabama shall be attached to and constitute a part of the district east of Pearl river, in Alabama. And it shall be the duty of the register of the district east of Pearl river, and of the register of the district of Jackson county, each to transfer to the other, such books, records, surveys or the transcripts thereof, as shall be necessary to carry into complete effect the provisions of this section of this act.

41. The land office at Mount Salus, in the Choctaw district, in the state of Mississippi, shall be removed to and located at such place in the said land district as the president of the United States may direct, if in his opinion any removal be necessary. (a)

42. That so much of the lands ceded to the United States by the treaties made and concluded with the Choctaw tribe of Indians, near Doak's Stand, on the 18th day of October 1820, (b) and at Dancing Rabbit Creek, on the 27th day of September 1830, (c) as is situated north of the line dividing townships nineteen and twenty, and west of the line dividing ranges seven and eight, east, be and the same is hereby established into a land district, to be designated as the North-western district.

43. To so much of the land ceded by the Choctaw tribe of Indians to the United States, by said treaty of the 27th day of September 1830, (c) as is situated west of the basis meridian, and south of the dividing line between townships nineteen and twenty, north, be and the same is attached to the Choctaw district, established by an act of the 7th of May 1822. (d)

44. So much of the lands ceded to the United States by said treaty of the 27th of September 1830, (c) as is situated north of the dividing line between townships seven and eight east of the basis meridian, and south of the north-western district, and the southern boundary of the lands of the Choctaw tribe of Indians, shall constitute a land district, to be designated as the North-eastern district; and the lands of the United States in the counties of Monroe and Lowndes, now subject to sale in the Choctaw district, shall, from and after the first day of May next, be subject to sale at the land office in the said North-eastern district. And it shall be the duty of the register at Mount Salus, under instructions from the commissioner of the general land office, to transfer all such books, maps, records, field notes and plats, or transcripts thereof, relating to the surveys of the public lands in Monroe and Lowndes counties, to the register of the North-eastern district, as may be necessary to enable him to comply with the provisions of this act.

(a) By act 22 February 1827, (4 Stat. 205) the president had been authorized to remove this land office from Jackson, where was previously located.

(b) 7 Stat. 210.

(c) 7 Stat. 333.

(d) See supra, 37.

45. That so much of the land ceded to the United States by the said treaty of the 27th 2 March 1833 3 4. of September 1830, (a) as is situated south of the dividing line between townships seven Lands attached and eight, be attached to and constitute a part of the Augusta land district.

to Augusta district.

46. That the land office at present established at Clinton, in the state of Mississippi, 23 June 1836 § 1. be hereafter kept at Jackson, in the same state.

5 Stat. 57.

moved to Gre

47. The land office at Chocchuma, in the county of Tallahatchie, state of Mississippi, 4 July 1840 1. shall be removed to and located in the town of Grenada, in Yalabusha county, in said 5 Stat. 393. state; and it shall be the duty of the registers and the receivers of public money for Land office resaid land office, within sixty days from and after the passage of this act, to remove the nada. books, records and whatever else belongs to said office, to the place of location, as herein provided for.

10 Stat. 214.

Pontotoc, where

48. Whenever the land office at Pontotoc, (b) Mississippi, shall be discontinued, the 8 March 1853 19. records and files thereof shall be placed in the possession of the clerk of the United States district court for the northern district of Mississippi; who is hereby made keeper Land records at of the same, and authorized to perform all the duties now conferred upon the register to be deposited. and receiver, and shall receive for his services therefor a sum not exceeding five hundred dollars per annum.

9. Spring term of the circuit court.

V. LAND OFFICES.

26. District of St. Louis.

27. District of Howard county. District of Cape Girardeau

10. District judge to attend at St. Louis, on first Monday of Boundaries of St. Louis district. October, &c. Return day in October.

11. Fall term, to be held by district judge.

12. Adjourned terms.

13. Special sessions.

14. Jurisdiction and powers. How composed. Opinion of presiding judge to prevail. Officers.

III. DISTRICT COURT

15. District court established. Clerk.

28. Western district.

29. District of Salt river.

30. Districts to extend to western boundary.

31. Office removed to Fayette.

32. South-western district.

33. Platte district.

34. Lands added to western district.
35. Chariton district.

I. ADMISSION INTO THE UNION.

3 Stat. 545.

1. That the inhabitants of that portion of the Missouri territory included within the 6 March 1820 3 1. boundaries hereinafter designated, be and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they shall deem Inhabitants of proper. And the said state, when formed, shall be admitted into the Union upon an a state governequal footing with the original states, in all respects whatsoever.

Missouri to form

ment.

Ibid. 3 2.

2. The said state shall consist of all the territory included within the following boundaries, to wit: beginning in the middle of the Mississippi river, on the parallel of Boundaries of the thirty-six degrees of north latitude; thence, west, along that parallel of latitude, to the state. St. François river; thence, up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence, west, along the same, (c) to a point where the said parallel is intersected by a meridian line passing through the middle of the mouth of the Kansas river, where the same empties into the Missouri river; thence, from the point aforesaid, north, along the said meridian line, (d) to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line to correspond with the Indian boundary line; (e) thence, east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence, down and along the middle of the main channel of the

(a) 7 Stat. 333.

This district was established by the treaty with the Chickasaws of 20 October 1832. 7 Stat. 381. (c) See act 15 February 1848, to confirm the boundary line between Missouri and Arkansas. 9 Stat. 211.

(d) By act 7 June 1836, the western boundary of the state was extended to the Missouri river. 5 Stat. 34. (e) See act 18 June 1838, to authorize the president to cause the southern boundary line of the territory of Iowa to be ascertained and marked. 5 Stat. 248. And act 4 August 1816, to define the

boundaries of the state of Iowa. 9 Stat. 52. By this latter act the dispute between the states of Missouri and Iowa respecting the precise location of the northern boundary line of Missouri, was referred to the supreme court for adjudication and settlement. And in Missouri v. Jowa, that court decided that the northern

boundary of Missouri is the Osage line, as run by Sullivan. in 1816, from the north-west corner made by him to the Des Moines river; and that a line extended due west from said north-west corner to the Missouri river, is the proper northern boundary on that end of the line. 7 How. 060, 077.