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may appertain to the duties of his office, and in all such cases, the fecs and charges to be paid shall be only such as the district attorney would have been authorized by law to charge had he personally attended and performed the service: Provided, however, That before any substitution is sanctioned, or payment made, the necessity therefor shall be shown to the satisfaction of the secretary of the interior.

SEC. 2. And be it further enacted, That all provisions of law inconsistant with this act are hereby repealed. APPROVED, August 16th, 1856.

AN ACT

REQUIRING AN OATH OF ALLEGIANCE, AND TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, TO BE ADMINISTERED TO CERTAIN PERSONS IN THE CIVIL SERVICE OF THE UNITED STATES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be the duty of the heads of the several departments to cause to be administered to each and every officer, clerk, or employé, now in their respective departments, or in any way connected therewith, or who shall hereafter in any way become connected therewith, the following oath, viz: "I do solemnly swear (or affirm, as the case may be,) that I will support, protect, and defend the constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution, or law of any state convention or legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God." And that each and every such civil officer and employé, in the department aforesaid, or in any way connected therewith, in the service or employment of the United States, who shall refuse to take the oath or affirmation herein provided, shall be immediately dismissed and discharged from such service or employment.

SEC. 2. And be it further enacted, That the oath or affirmation, herein provided for in the first section of this act, may be taken before any justice of the peace, or 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 that 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 jurisdiction thereof: And provided further, That such offender shall be forthwith discharged from such service or employment.

APPROVED, August 6, 1861.

AN ACT

TO PRESCRIBE AN OATH OF OFFICE, AND FOR OTHER PURPOSES,

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter 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 to 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 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 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 forever after of holding any office or place under the United States.

APPROVED, July 2, 1862.

AN ACT

IN RELATION TO COURTS, AND THE HOLDING OF THE TERMS THEREOF IN THE SEVERAL TERRITORIES IN THE UNITED STATES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the judges of the supreme court of each territory of the United States are hereby authorized to hold court within their respective districts in the counties wherein, by the laws of said territories, courts have been, or may be established, for the purpose of hearing or determining all matters and causes except those in which the United States is a party: Provided, That the expenses thereof shall be paid by the territories, or by the counties in which said courts may be held, and the United States shall, in no case, be chargeable therewith.

APPROVED, June 14th, 1858.

AN ACT

TO SECURE FREEDOOM TO ALL PERSONS WITHIN THE TERRITORIES OF THE UNITED STATES.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the United States of America, in Congress assembled, That from and after the passage of this act, there shall be neither slavery nor involuntary servitude in any of the terri

tories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. APPROVED, June 19th, 1862.

AN ACT

IN RELATION TO THE COMPETENCY OF WITNESSES, AND FOR OTHER PURPOSES.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws of the state in which the court shall be held, shall be the rules of decision as to the competency of witnesses in the courts of the United States, in trials at common law, in equity, and admiralty.

SEC. 2. And be it further enacted, That so much of section twenty-nine of an act entitled "An act to establish [the] judicial courts of the United States," approved September twentyfourth, seventeen hundred and eighty-nine, as requires, in cases punished with death, twelve petit jurors to be summoned from the county where the offence was committed, be, and the same is hereby repealed.

APPROVED, July 16, 1862.

AN ACT

TO DEFINE THE PAY AND EMOLUMENTS OF CERTAIN OFFICERS OF THE ARMY, AND FOR OTHER PURPOSES.

SECTION 21. And be it further enacted, That any alien of the age of twenty-one years and upwards, who has enlisted, or who

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PAY AND EMOLUMENTS OF CERTAIN OFFICERS.

shall enlist in the armies of the United States, either the regular or volunteer forces, and has been or shall be hereafter honorably discharged, may be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to such proof of residence and good moral character as is now provided by law, be satisfied competent proof of such person having been honorably discharged from the service of the United States as aforesaid.

APPROVED, July 17, 1862.

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