Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-14
Wasbingtnn geutinel,
SUBSTITUTE PROPOSED By JUDGE
DOUGLAS To THE SENATE JUDI
CIARY Hill.

SUBSTITUTE PROPOSED BY JUDGE
DOUGLAS To THE SENATE JUDI
CIARY BILL.
BE IL enacted By the Senate and House Of Repre-
SIGNATURES Of The Unitsd Stairs eff america ia Con-
gyeSs assembled, That, until otherwise provided,
The judicial districts, and the times and places for
holding the district courts of the United States,
shall be the same as now provided by law; and
the said district courts respectively shall in addi-
tlon 10 their jurisdiction under existing laws, have,
and are hereby invested with, all the jurisdiction
and powers now exercised by the present circuit
courts of the United States; and that all actions,
suits process pleadings and other proceedings, OF
what nature or kind soever, depending or existing
in the present circuit courts of the Uni ed States,
except as hereinafter provided, shall be, and here
by are, transferred and continued over 10 the re-
spcctive district courts as provided in this act IN
which such actions, suits, process, or other pro-
ceedings ought, by law, 10 have been originally
instituted, had this act been in force al the time OF
the inception of any such action, suits, or other
proceedings; and no process issued, or proceed
ings pending in any or either of the said courts,
shall be avoided or impaired by any change OF or
ganizaion made by this act, but all process, bail
bonds, or recognizances, returnable at the next
term Of any or either of the said courts now by
law established, shall be returnable and returned
10 the terms of the said district courts respec.
lively, held according 10 this act, in the
manner as il so made returnable on the face there
continuances may be made to conform 10 the pro-
visions of this act
SEC. 2. And be 1t further enacted, That there
shall be, and hereby, constituted within the
limits Of the United States nine judicial circuits,
follows:
I. The States of Maine, New Hampshire, Mas
sachusetts rhode Island Connecticut, and YER
mont, shall constitute the first circuit
2. The States Of New York, New Jersey and
Pennsylvania shall constitute the second circuit; ;
3. The States Of Delaware, Maryland, Virginia,
and North Carolina, shall constitute the third
circuit;
4. The States Of South Carolina, Georgia, Ala
bama, and Florida, shall constitute the fourth
circuit;
S. The States of Mississippi, Louisiana, Arkan-
sas, and Texas, shall constitute the fifth circuit;
6. The States Of Tennessee, Kentucky, Ohio,
and Indiana. shall constitute the sixth circuit
4 The States Of Illinois, Michigan, Wisconsin,
and Iowa, and the Territory OF Minnesota, shall
constitute the seventh circuit;
8. The State of Missouri, and the Territories Of
New Mexico, Kansas, and Nebraska, shall con-
situie the eighth circuit;
o. The State Of California, and the Territories
Of Oregon, Washington, and Utah, shall constr
tute the ninth circuit.
SEC g. Ard be 1t further enacted, That there
shall be held in each OF said circuits once every
wear, court OF appeals, TO be composed of one OF
the justices Of the Supreme Court and OF all the
district judges in the respective circuits, and also
Of The chief justice OF each Territory in all cases
where any Territory Territories shall be included
within the circuit majority OF said justices and
Judges their respective circuits shall constitute
quorum for holding said courts in which the Justice
of the Supreme Court Of the United States shall
preside and in of his alb ence the Oldest district
Judge in commission present shall preside ). in the
event there shall not be quorum present on the
day appointed by law for the opening of the court,
the Judges present shall be authorized 10 adjourn
the court from day to day until quorum shall
appear, and il there shall he no quorum within -
days from the FIRST day Of the term, they may ad-
journ the court until the next regular term, or
until such day a, they shall designate by an order
upon the record and in each case all causes
shall be continued, and pleas and process stand
over without prejudice 10 parties.
SEC 4. And BE- u further enacted, That appeals
and wri,s Of error shall lie from each district court
10 he said Of appeals Of their respective cir.
cults and also from the supreme court OF any Ter
ritory TO the said court of appeals, IN all cases
where Territory shall be included within such
circuit in the same manner that appeals and wris
of error now lie from the circuit courts TO the STU
meme Court of the United States; and the said
court Of appeals shall have power TO hear and de-
termine all writs OF error and appeals that may be
proaecuted from the district courts In cases where
appeals and writs Of error now lie from the dis
irict courts TO the circuit courts, and also in all
cases where appeals and writs Of error now lie
from the supreme courts OF Territories 10 the Su.
preme Court or the United States and said ap-
peals and writs Of error shall be brought up and
prosecuted in the said court OF appeals IN the same
manner and according 10 The same laws and regu-
laiions that now govern the circuit and district
courts of the United States; and all appeals
and writs Of error now pending In the circuit
courts shall be transferred 10 and prosecuted IN
the said courts Of appeal. without prejudice TO the
parties, and in the same manner as II such APP
peals aud writs OF error had been taken subse-
auen 10 the period when this act shall take effect.
The said courts Of appeal shall have the same
power and jurisdiction 10 hear and determine APP
peals and writs OF error coming before them under
The provisions Of this act that the Supreme Court
OF the United States has TO decide cases within its
Jurisdiction; and the same vrits, process, modes
Of proceeding, and rules, tina govern the Supreme
Court so far as they may be applicable, shall be ia
force and use in the said courts Of appeal.
SIc. 5. and Be u further enacted, That IL shall
be the duty Of the Supreme Court, on or before
the first day of January Of each year, 10 assign 10
the several circuits the justice Of the Supreme
Court who il TO preside in the court Of appeals in
such circuit and in the performance of this duty il
shall be 30 arranged, unless there are special
sons for making an exception 10 the general rule.
that each Of the justices Of the Supreme Court
shall In turn preside in the court OF appeals for
each circuit In the order Of the number Of the cir
cults, TO the end that each OF the justices Of the
Supreme Court shall preside 10 the court OF APP
peas for each of the circuits once in nine years,
aud that in no event. shall any Of the said justices
preside in the same circuit two terms in sue
cession.
SEC. 6. And ben further enacted, That the terms
of the court OF appeals shall be held annually in
the several circuits, as follows:
l. In the first circuit al On the
day o.;
q In the second circuit al - on the -
o' Z. Il In the third circuit a, on the -
day Of -;
4. In the fourth circuit al -----on the ---
day Of;
s. In the fifth circuit at --- on the -
day Oft
D. In the sixth circuit at ------ on the -
day Of;
z. In the seventh circuit al ----- on the -
day Of;
s. In the eighth circuit at ----- on the ----
day Oh;
3. In the ninth circuit at - on the ----
day Of.
SEC. o And be IL fnrthsr enacted, That the said
courts Of appeals shall have power 10 issue writs
of mandamus and certorari, and all other writs