Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 226.
IN THE HOUSE OF REPRESENTATIVES.
February 21, 1848.
Mr. Phelps, on leave, introduced the following bill: which was read
twice; and referred to the Committee on the Judiciary.
A BILL
To establish another judicial district in the State of Missouri,
and for other purposes.

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3 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That all that portion of the State of Missouri
lying west of the eastern boundaries of the counties of
Ozark, Wright, Dallas, Hickory, Benton, Pettis, Saline,
Chariton, Livingston, Grundy, and Mercer, and the Indian
country lying west of said State and north of the southern
boundary line of the Osage nation, shall constitute a judi-
cial district, to be called the western district of Missouri,
and the residue of said State shall constitute the eastern
district of Missouri.
Sec. 2. And be it further enacted, That the district
court for the eastern district shall have the same jurisdic-
tion which the district court of Missouri now has, and

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law for holding the district court of Missouri; and the dis-
trict courts for the western district shall be held at Lex-
ington, in the county of Lafayette, on the first Mondays of
May and November in each year, and at such other times
as the judges may order; and the district judge for the
State of Missouri is hereby required to hold the courts
aforesaid.
court for the western district of Missouri shall have the
ordinary jurisdiction and powers of a district court of the
United States, and within the limits of said district shall
have jurisdiction of all cases except appeals and writs of
error, which now are, or hereafter may be, by law cogniza-
zable in a district court of the United States, and shall
proceed therein in the same manner as a circuit court.
Sec. 4. And be it further enacted, That in all cases
where said district court for the western district shall exer-
cise jurisdiction, appeals may be taken from the judgments,
orders, and decrees of said court to the Supreme Court of
the United States, in the same manner as appeals may now,
or hereafter may, be taken from the circuit courts of the
United States, and causes tried and determined in said dis-
trict court may be taken by writ of error to the Supreme
Court of the United States, in the same manner as they

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2 now are, or may be hereafter, taken from the circuit court
of the United States.
Sec. 5. And be it further enacted, That in all suits,
not of a local nature, hereafter to be brought in either of
the district courts aforesaid, shall be brought only in the
district where the defendant shall reside; but if there be
more than one defendant, and one or more of them reside
in the western district, and one or more of them reside in the
eastern district, the plaintiff may sue in either district court
and send a duplicate writ to the other, on which he shall
endorse, that it is part of a suit brought in the district
from which it is sent, and the said writs, when executed
and returned, shall constitute one suit, and be proceeded
in accordingly.
judge of Missouri shall appoint a clerk of the district court
for the western district, who shall hold his office during the
pleasure of the judge, and who shall reside and keep his
office and the records of said court at the place of holding
said court, and who shall be entitled to the same fees now
allowed by law to the clerk of the district court of Mis-
souri, perform the like duties, and be subject to the same
liabilities and penalties.
attorney, heretofore appointed for the district of Missouri,

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9 shall be the district attorney for the eastern district afore-
said, and a district attorney for the western district afore-
said shall be appointed, who shall receive a salary of two
hundred dollars per annum, and the same fees as are now
allowed by law to the attorney for the district of Missouri.
Sec. 8. And be it further enacted, That the marshal
heretofore appointed for the district of Missouri, shall be
the marshal of the said western district, and a marshal for
the eastern district aforesaid shall be appointed, who shall
execute the process and orders of said court authorized by
law in said eastern district, and shall receive a salary of
two hundred dollars per annum, and the same fees as are
now allowed by law to the marshal for the district of
Missouri.

1 2 3 4 5 6 7 8 9 10 11 1 2 3	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That all that portion of the State of Missouri lying west of the eastern boundaries of the counties of Ozark, Wright, Dallas, Hickory, Benton, Pettis, Saline, Chariton, Livingston, Grundy, and Mercer, and the Indian country lying west of said State and north of the southern boundary line of the Osage nation, shall constitute a judi- cial district, to be called the western district of Missouri, and the residue of said State shall constitute the eastern district of Missouri. Sec. 2. And be it further enacted, That the district court for the eastern district shall have the same jurisdic- tion which the district court of Missouri now has, and
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4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9	shall be holden at the times and places now provided by law for holding the district court of Missouri; and the dis- trict courts for the western district shall be held at Lex- ington, in the county of Lafayette, on the first Mondays of May and November in each year, and at such other times as the judges may order; and the district judge for the State of Missouri is hereby required to hold the courts aforesaid. Sec. 3. And be it further enacted, That the district court for the western district of Missouri shall have the ordinary jurisdiction and powers of a district court of the United States, and within the limits of said district shall have jurisdiction of all cases except appeals and writs of error, which now are, or hereafter may be, by law cogniza- zable in a district court of the United States, and shall proceed therein in the same manner as a circuit court. Sec. 4. And be it further enacted, That in all cases where said district court for the western district shall exer- cise jurisdiction, appeals may be taken from the judgments, orders, and decrees of said court to the Supreme Court of the United States, in the same manner as appeals may now, or hereafter may, be taken from the circuit courts of the United States, and causes tried and determined in said dis- trict court may be taken by writ of error to the Supreme Court of the United States, in the same manner as they
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10 11 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 1 2	now are, or may be hereafter, taken from the circuit court of the United States. Sec. 5. And be it further enacted, That in all suits, not of a local nature, hereafter to be brought in either of the district courts aforesaid, shall be brought only in the district where the defendant shall reside; but if there be more than one defendant, and one or more of them reside in the western district, and one or more of them reside in the eastern district, the plaintiff may sue in either district court and send a duplicate writ to the other, on which he shall endorse, that it is part of a suit brought in the district from which it is sent, and the said writs, when executed and returned, shall constitute one suit, and be proceeded in accordingly. Sec. 6. And be it further enacted, That the district judge of Missouri shall appoint a clerk of the district court for the western district, who shall hold his office during the pleasure of the judge, and who shall reside and keep his office and the records of said court at the place of holding said court, and who shall be entitled to the same fees now allowed by law to the clerk of the district court of Mis- souri, perform the like duties, and be subject to the same liabilities and penalties. Sec. 7. And be it further enacted, That the district attorney, heretofore appointed for the district of Missouri,
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3 4 5 6 7 1 2 3 4 5 6 7 8 9	shall be the district attorney for the eastern district afore- said, and a district attorney for the western district afore- said shall be appointed, who shall receive a salary of two hundred dollars per annum, and the same fees as are now allowed by law to the attorney for the district of Missouri. Sec. 8. And be it further enacted, That the marshal heretofore appointed for the district of Missouri, shall be the marshal of the said western district, and a marshal for the eastern district aforesaid shall be appointed, who shall execute the process and orders of said court authorized by law in said eastern district, and shall receive a salary of two hundred dollars per annum, and the same fees as are now allowed by law to the marshal for the district of Missouri.