Prisoners, before take oath of alle manded. less than six months, in the discretion of the court: Provided, however, That no person 3 March 1863. shall be discharged by virtue of the provisions of this act until after he or she shall have taken an oath of allegiance to the government of the United States, and to sup- discharge, to port the constitution thereof, and that he or she will not hereafter in any way encourage giance. or give aid and comfort to the present rebellion, or the supporters thereof: And provided 3 March '863. also, That the judge or court before whom such person may be brought, before discharg- Surety of the ing him or her from imprisonment, shall have power, on examination of the case, and, peace may be de if the public safety shall require it, shall be required to cause him or her to enter into recognisance, with or without surety, in a sum to be fixed by said judge or court, to keep the peace and be of good behavior towards the United States and its citizens, and from time to time, and at such times as such judge or court may direct, appear before said judge or court to be further dealt with, according to law, as the circumstances may require. And it shall be the duty of the district attorney of the United States to attend such examination before the judge. Ibid. 3. 42. In case any of such prisoners shall be under indictment or presentment for any offence against the laws of the United States, and by existing laws bail or a recogni- Prisoners indictsance may be taken for the appearance for trial of such person, it shall be the duty of ed to be bailed. said judge at once to discharge such person upon bail or recognisance for trial as aforesaid. And in case the said secretaries of state and war shall for any reason refuse or Proceedings on omit to furnish the said list of persons held as prisoners as aforesaid at the time of the refusal to furnish list of state pripassage of this act, within twenty days thereafter, and of such persons as hereafter may soners. be arrested within twenty days from the time of the arrest, any citizen may, after a grand jury shall have terminated its session without finding an indictment or presentment, as provided in the second section of this act, by a petition alleging the facts aforesaid touching any of the persons so as aforesaid imprisoned, supported by the oath of such petitioner or any other credible person, obtain and be entitled to have the said judge's order to discharge such prisoner, on the same terms and conditions prescribed in the second section of this act: Provided, however, That the said judge shall be satisfied such allegations are true. 43. Any order of the president, or under his authority, made at any time during the existence of the present rebellion, shall be a defence in all courts to any action or prosecution, civil or criminal, pending or to be commenced for any search, seizure, arrest or imprisonment, made, done or committed, or acts omitted to be done under and by virtue of such order, or under color of any law of congress, and such defence may be made by special plea, or under the general issue. (a) Ibid. 4. President's order to be a full defor arrest, &c. fence to action Ibid. 25. Actions may be circuit courts. removal. 44. If any suit or prosecution, civil or criminal, has been or shall be commenced in any state court against any officer, civil or military, or against any other person, for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or removed to the any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the president of the United States, (b) or any act of congress, and the defendant shall, at the time of entering his appearance in such court, or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or prosecu- Proceedings for tion is pending, (c) file a petition stating the facts (d) and verified by affidavit, for the removal of the cause for trial at the next circuit court of the United States, to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause, if special bail was originally required therein. It shall then be the duty of the state court to accept the surety and proceed no further in the cause or prosecution, and the bail that shall have been originally taken shall be discharged. And such copies being filed as aforesaid in such court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding. And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered in the court in which the suit or prosecution was commenced. And it Appeals from shall be lawful in any such action or prosecution which may be now pending, or here- final judgments. after commenced, before any state court whatever, for any cause aforesaid, after final judgment, for either party to remove and transfer, by appeal, such case, during the session or term of said court at which the same shall have taken place, from such court (a) See Hodgson v. Millward, 20 Leg. Int. 60. (b) See Hodgson v. Millward, 20 Leg Int. 164. (e) A cause in which a verdict has been rendered, but no judgment entered thereon, is pending within the meaning of the act, and removable into the circuit court under this section. Hodgson v. Millward, 20 Leg. Int. 164, 348. A criminal prosecution cannot be removed, before indictment found. Com. v. Artman, Circuit Court, Penn., Grier, J., 2 Nov. 1863. MS. In the State of Ohio v. Bliss, 10 Pittsburgh Leg. J. 304, this act was held to be unconstitutional But the contrary was decided, in Pennsylvania, in Kulp v. Ricketts, 20 Leg. Int. 268. (d) See Kulp v. Ricketts, 20 Leg. Int. 208. 3 March 1863. Powers of the circuit courts. to the next circuit court of the United States to be held in the district in which such appeal shall be taken in manner aforesaid. And it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the process, proceedings and judgment in such cause; and it shall also be competent for either party, within six months after the rendition of a judgment in any such cause, by writ of error or other process, to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made as aforesaid. And the state court, from which any such action, civil or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall failure to perfect fail duly to enter the removal and transfer as aforesaid, in the circuit court of the United States, agreeably to this act, the state court, by which judgment shall have been rendered, and from which the transfer and removal shall have been made as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made : And provided also, That no such appeal or writ of error shall be allowed in any criminal action or prosecution, where final judgment shall have been rendered in favor of the defendant or respondent by the state court. And if in any suit hereafter commenced the plaintiff is nonsuited or judgment pass against him, the defendant shall recover double costs. Proceedings on removal. Costs. Ibid. 26. Appeals to supreme court. Ibid. 7. Limitation of actions. лв 3 March 1863 2 1. 12 Stat. 762. Bona fide claims of loyal citizens to be paid out of confiscated pro perty. 12 Stat. 820. Agents for captured property, &c. 45. Any suit or prosecution described in this act, in which final judgment may be rendered in the circuit court, may be carried by writ of error to the supreme court, whatever may be the amount of said judgment. 46. No suit or prosecution, civil or criminal, shall be maintained for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the president of the United States, or by or under any act of congress, unless the same shall have been commenced within two years next after such arrest, imprisonment, trespass or wrong may have been done or committed, or act may have been omitted to be done: Provided, That in no case shall the limitation herein provided commence to run until the passage of this act, so that no party shall, by virtue of this act, be debarred of his remedy by suit or prosecution until two years from and after the passage of this act. 47. In all cases now or hereafter pending wherein any ship, vessel or other property shall be condemned in any proceeding by virtue of the acts above mentioned, (a) or of any other laws on that subject, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such ship, vessel or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such ship, vessel or other property, of any bonâ fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such ship, vessel or other property under the laws of the United States or of any loyal state thereof: Provided, That no such claim shall be allowed in any case where the claimant shall have knowingly participated in the illegal use of such ship, vessel or other property: And provided also, That this act shall extend to such claims only as might have been enforced specifically against such ship, vessel or other property in any loyal state wherein such claim arose. 3 March 1863 1. 48. It shall be lawful for the secretary of the treasury, from and after the passage of this act, as he shall from time to time see fit, to appoint a special agent or agents to receive and collect all abandoned or captured property in any state or territory, or any portion of any state or territory, of the United States, designated as in insurrection against the lawful government of the United States by the proclamation of the president of July 1st 1862: Provided, That such property shall not include any kind or description which has been used, or which was intended to be used, for waging or carrying on war against the United States, such as arms, ordnance, ships, steamboats or other water craft, and the furniture, forage, military supplies or munitions of war. Ibid. 2. How appro priated. 49. Any part of the goods or property received or collected by such agent or agents may be appropriated to public use on due appraisement and certificate thereof, or forwarded to any place of sale within the loyal states, as the public interests may require; (a) Acts 13 July 1861 and 6 August 1861, supra 1, 15. and all sales of such property shall be at auction to the highest bidder, and the proceeds 3 March 1863. thereof shall be paid into the treasury of the United States. Ibid. 23 may reclaim. 50. The secretary of the treasury may require the special agents appointed under this act to give a bond, with such securities and in such amount as he shall deem necessary, Bonds of agents. and to require the increase of said amounts and the strengthening of said security, as circumstances may demand; and he shall also cause a book or books of account to be kept, showing from whom such property was received, the cost of transportation and proceeds of the sale thereof. And any person claiming to have been the owner of any When owner such abandoned or captured property, may, at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof in the court of claims; and on proof to the satisfaction of said court of his ownership of said property, of his Jurisdiction of right to the proceeds thereof, and that he has never given any aid or comfort to the court of claims. present rebellion, to receive the residue of such proceeds, after the deduction of any purchase-money which may have been paid, together with the expense of transportation and sale of said property, and any other lawful expenses attending the disposition thereof. Ibid. 4. surrectionary Proceedings for condemnation. 51. All property coming into any of the United States not declared in insurrection as aforesaid, from within any of the states declared in insurrection, through or by any Property other person than any agent duly appointed under the provisions of this act, or under brought from ina lawful clearance by the proper officer of the treasury department, shall be confiscated districts to be to the use of the government of the United States. And the proceedings for the con- confiscated. demnation and sale of any such property shall be instituted and conducted under the direction of the secretary of the treasury, in the mode prescribed by the 89th and 90th sections of the act of March 2d 1799, entitled "An act to regulate the collection of duties on imports and tonnage." And any agent or agents, person or persons, by or Punishment of through whom such property shall come within the lines of the United States unlaw- agents. fully, as aforesaid, shall be judged guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisoned for any time not exceeding one year, or both, at the discretion of the court. And the fines, Remission of penalties and forfeitures accruing under this act may be mitigated or remitted in the penalties. mode prescribed by the act of March 3d 1797, or in such manner, in special cases, as the secretary of the treasury may prescribe. Ibid. 26. All captured property to be de livered up. 52. It shall be the duty of every officer or private of the regular or volunteer forces of the United States, or any officer, sailor or marine in the naval service of the United States upon the inland waters of the United States, who may take or receive any such abandoned property, or cotton, sugar, rice or tobacco, from persons in such insurrectionary districts, or have it under his control, to turn the same over to an agent appointed as aforesaid, who shall give a receipt therefor; and in case he shall refuse or Penalty for reneglect so to do, he shall be tried by a court martial, and shall be dismissed from the fusal or neglect. service, or, if an officer, reduced to the ranks, or suffer such other punishment as said court shall order, with the approval of the president of the United States. 53. None of the provisions of this act shall apply to any lawful maritime prize by the naval forces of the United States. The manner in which the army and navy are to be employed, in the suppression of an insurrection, is left to the discretion of the president, guided by the usages and principles of civilized war; among which are the institution of a blockade and the capture of enemy's property at sea. The Amy Warwick, 24 Law Rep. 335-6. The Revere, Ibid. 277. The inhabitants of states in rebellion against the government Ibid. 7. are to be considered as alien enemies, and, as such, disqualified from suing in the courts of the loyal states. Bouneau v. Dinsmore, 24 Law Rep. 381. s. c., 19 Leg. Int. 108. Nor can they appear as claimants in a case of prize. United States v. The Isaac Hammett, 10 Pittsburgh Leg. J. 97. United States v. The Allegheny, Ibid. 276. Interior Department. 1. Secretary to receive, keep and distribute public documents. Room to be provided in the patent office. Delivery of documents. 2. Removal from other places of deposit. Appropriation. 3. Register to be kept. Reports to congress. 4. On whose requisition documents to be delivered. Expenses. 5. Duties of the secretary. Resolution of 1858 repealed. Reso lution of 1857 amended. 6. Wilkes's Exploring Expedition excepted. 7. Copyright publications to be sent to secretary of the interior. 8. Documents not to be removed from places of deposit. 9. Assistant secretary. Salary. 11 Stat. 379. 1. The secretary of the interior is hereby charged with receiving, arranging, safe- 5 Feb. 1859 3 1. keeping and [with the] distribution of all printed journals of the two houses of congress, and all other books and documents, of every nature whatever, already or hereafter directed by law to be printed or purchased for the use of the government, except of such as are directed to be printed or purchased for the particular use of congress, or of either house thereof, or for the particular use of the executive or of any of the departments; and for this purpose the secretary of the interior is hereby directed to set apart a proper Secretary to receive, keep and distribute public documents. 2 Feb. 1859. room or rooms in the patent office building to be used for this and no other purpose; and the superintendent of public printing, public printer, binder or contractor, or any other vided in the pa- person whose duty it shall be by law to deliver any of the same, shall deliver the same to him there. Room to be pro tent office. Delivery of documents. Ibid. 2. Removal from other places of deposit. Appropriation. Ibid. 23. Register to be kept. Reports to congress. Ibid. 4. to be delivered. 2. It shall be the duty of the secretary of the interior to obtain and remove from the other departments and offices and from the congressional library, and other places where the same are now kept, all such journals, books and other documents now on hand and described in the foregoing section; and for this purpose, so much as is necessary of the appropriation made in the following clause of the act, entitled "An act making appropriations for certain civil expenses of the government for the year ending the 30th of June 1858," approved March 3d 1857, to wit: "For expenses of packing and distributing the congressional journals and documents, in pursuance of the provisions contained in the joint resolutions of congress approved 28th January 1857, twenty-two thousand dollars," as remains unexpended, is hereby appropriated. 3. A register of such journals, books and other documents shall be kept under the authority of the secretary of the interior, showing the quantity and kind of each at any time received by him in pursuance of this act; and it shall be his duty to be caused to be entered in such register, at the proper time, when, where and to whom the same, or any part of them, have been distributed and delivered, and to report the same to congress at the first session of each congress. 4. The same shall be delivered out by the secretary of the interior only on the written On whose requi- requisition of the heads of departments, secretary of the senate, clerk of the house of sition documents representatives, librarian of congress, and other officers and persons, private and corporate, who are by law authorized to receive the same, except where by law the secretary of the interior is required, without such requisition, to cause the same to be sent and delivered; and in either of such cases it shall be the duty of the secretary of the interior to cause the same to be sent and delivered, the expenses thereof, except when otherwise directed, to be charged on the contingent fund of the department. Expenses. Ibid. 5. Duties of the secretary. Resolution of 1858 repealed. Resolution of 1557 amended. Ibid. 27. Wilkes's exploring expedition excepted. Ibid. 28. Copyright publi cations to be sent to secretary of the interior. Ibid. 2 10. 14 Mar. 1862 26. 12 Stat. 369. 5. All such journals, books and other documents shall hereafter be distributed according to and for the purposes now prescribed by law, except that the distribution of the same to the governors of the states and territories, and to the judges of the courts of the United States, and other officers and public bodies within the states or territories, shall be wholly under the control of the secretary of the interior; and the joint resolution, approved March 20th 1858, supplementary to the joint resolution approved January 28th 1857, respecting the distribution of certain documents, is hereby repealed; and the third section of said joint resolution of January 28th 1857, is hereby amended by striking out the words "by him" in the last line, and inserting the words "to him, by each of the senators from the several states, respectively, and by the representative in congress from each congressional district, and by the delegate from each territory in the United States." And provided, That such distribution shall first be made at the instance of the representatives in congress from districts in which such public documents have not already been distributed, so that the quantity distributed to each congressional district and territory shall be equal. 6. By this act the distribution of all works mentioned in the first section as public documents is intended and directed to be made, except the "Exploring Expedition" conducted by Commander Wilkes. 7. All books, maps, charts and other publications of every nature whatever heretofore deposited in the department of state according to the laws regulating copyrights, together with all the records of the department of state in regard to the same, shall be removed to and be under the control of the department of the interior, which is hereby charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner and to the same extent that the department of state is now charged with the same; and hereafter all such publications of every nature whatever shall, under present laws and regulations, be left with and kept by him. 8. All such books and documents, when received at the proper offices, libraries, and so forth, as provided by law, shall be kept there and not removed from such places. 9. The president shall appoint in the department of the interior, by and with the advice and consent of the senate, a competent person, who shall be called the assistant Assistant secre- secretary of the interior, whose salary shall be three thousand dollars, payable in the same manner as the salary of the secretary of the interior, who shall perform such duties in the department of the interior as shall be prescribed by the secretary, or may be required by law, and who shall act as the secretary of the interior in the absence of that officer. tary. Salary. 11 Stat. 437. trials. 1. For the purpose of trying all issues of fact triable by jury in the district court of 3 March 1859 25. the United States for the district of Iowa, said district shall be divided into three divisions as follows, namely: The counties of Clinton, Jones, Linn, Benton, Tama, Marshall, Divisions for jury Grundy, Hardin, Webster and all the counties north of the same, and cast of Calhoun, Pocahontas, Palo Alto and Emmett, shall constitute the northern division; and two Northern diviregular terms of said court for the same shall be held annually at Dubuque, to commence on the third Tuesdays of April and October. sion. Ibid. 26. 2. The counties of Scott, Cedar, Johnson, Iowa, Powasheik, Mahaska, Marion, Lucas, Clark, Decatur and all the counties south and east of the same, shall constitute the Southern divisouthern division; and two regular terms of said court shall be held annually for said sion. division at Keokuk, to commence on the third Tuesdays of March and September. 3. All the remaining counties of the state shall constitute the western division; and one regular term of said court shall be held on the second Tuesday of November in Western division. each year at Des Moines. 4. The provisions of the several acts of congress, regulating the courts in the several divisions as heretofore organized shall, as far as the same are applicable, apply to the courts of said district under the present division. 5. The judge of said district court shall have power to make such rules and orders as may be necessary to carry into effect the changes provided for in this act. Ibid. 7. Ibid. 28. Former laws to be applicable. Ibid. 9. Power of the judge. 2 March 1863 32. 12 Stat. 699. 6. Instead of the times heretofore provided by law, the terms of the circuit and district courts for the district of Iowa, to be held at Des Moines, shall be held on the second Tuesday of May and third Tuesday in October in each year; and the fall term of the district court for said district, to be held at Dubuque, shall be held on the third and district Tuesday in November. Terms of circuit courts. 1. Disloyal practices to be cause of challenge. 2. Additional oath to jurors. Juries. 3. False swearing to be perjury. 1. In addition to the existing causes of disqualification and challenge of grand and petit jurors in the courts of the United States, the following are hereby declared and established, namely: without duress and coercion to have taken up arms or to have joined any insurrection and rebellion against the United States; to have adhered to any rebellion, giving it aid and comfort; to have given, directly or indirectly, any assistance in money, arms, horses, clothes or anything whatever, to or for the use or benefit of any person or persons whom the person giving such assistance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or to be about to resist with force of arms, the execution of the laws of the United States, or who he had good ground to believe had joined, or was about to join, any insurrection or rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States; and to have counselled and advised any person or persons to join any insurrection and rebellion, or to resist with force of arms the laws of the United States. 17 June 1862 § 1. 12 Stat. 430. Disloyal prac tices to be cause of challenge. Ibid. 2. 2. At each and every term of any court of the United States, the district attorney, or other person acting for and on behalf of the United States in said court, may move, Additional oath and the court in their discretion may require the clerk to tender to each and every per- to jurors. son who may be summoned to serve as a grand or petit juror or venireman or talesman in said court, the following oath or affirmation, viz.: “You do solemnly swear (or affirm, as the case may be) that you will support the constitution of the United States of America; that you have not, without duress and constraint, taken up arms or joined any insurrection or rebellion against the United States; that you have not adhered to any insurrection or rebellion, giving it aid and comfort; that you have not, directly or indirectly, given any |