Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 371.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
March 29, 1848.
Read twice, and committed to a Committee of the Whole House on the
state of the Union.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary,
reported the following bill:
A BILL
Further to amend the judicial system of the United States.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That, from and after the passing of this act,
the Supreme Court of the United States shall hold one
stated session, annually, at the seat of government, com-
mencing the first Monday of December, and all actions,
suits, appeals, recognizances, processes, writs and pro-
ceedings whatever, pending, or which may be pending, in
said court, or returnable thereto, shall have day therein.
And at such stated session preference in priority of argu-
ment shall be given to cases that shall have been ordered
for re-argument, or in which may be drawn in question

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1 the construction of any clause of the constitution or of a
treaty.
Sec. 2. And be it further enacted, That adjourned
sessions of the Supreme Court shall be held at the seat
of government, from time to time, as often and at such
periods, and of such duration as the state of docket may
require. For such adjourned sessions the court may so
direct and order that particular periods shall be especially
devoted to the hearing of cases which shall have been
brought up from particular sections of the country, thereby
to facilitate the despatch of business, and not to expose
suitors and their counsel to greater delay or more pro-
longed or frequent attendance than may be necessary.
Sec. 3. And be it further enacted, That it shall
be the duty of four of the judges of the Supreme Court
to hold the adjourned sessions aforesaid, of whom three
judges shall be a quorum, for the transaction of any busi-
ness; and the judges not holding such adjourned sessions
of the Supreme Court shall attend the circuit courts, as the
condition of the business in the respective circuits may
require, not withstanding the sitting of the Supreme Court,
and during the sittings of the Supreme Court, if necessary,
as well as at all other times established by law or regu-
lated by adjournment.
Sec. 4. And be it further enacted, That, whenever

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4 upon the hearing of any case, at an adjourned session of
the Supreme Court, there shall not be an unanimous or
concurrent opinion of all the judges before whom the ar-
gument may have taken place, no final judgment or
decree shall be pronounced, if a party against whom there
shall be a majority of the judges present shall desire a re-
argument; and such case shall thereupon be ordered for
re-argument at the next succeeding stated session of the
court.
Sec. 5. And be it further enacted, That, at such
and every stated session of the Supreme Court, it shall be
the duty of the judges to regulate and arrange the times
at which one or more adjourned sessions thereof shall be
held, (whenever any adjourned sessions shall appear to
be necessary,) during the ensuing judicial year: And it
shall, moreover, be the duty of the said judges, at each and
every such stated session, to designate the four judges who
shall attend the next ensuing adjourned session, and also
to designate the four judges who shall respectively attend
each of the other adjourned sessions, if any, of the Su-
preme Court to be held during the ensuing judicial year.
Sec. 6. And br it further enacted, That, until it shall
be otherwise directed by law, the several circuit courts
shall be held at the places, and shall commence at the
times, which are provided by existing statutes. It shall

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11 be the duty of the judges of the Supreme Court to attend
the said circuit courts, as far as may be practicable, in ro-
tation or successively, so that each judge may, from time
to time, visit and preside in the different parts of the United
States where the several circuit courts may be held.
Sec. 7. And be it further enacted, That it shall be
the duty of the judges of the Supreme Court, at each and
every stated session of the same, to assign to the respec-
tive circuits, the judges by whom the courts therein shall
be held, successively, during the then ensuing judicial year,
care being taken, at all times, to assign the particular and
respective duties to such judges as may be able, without
failure or disappointment, to perform them.
Sec. 8. And be it further enacted, That, in addition
to the annual compensation now provided for the judges
of the Supreme Court, they shall be allowed and paid ten
cents per mile for every mile they shall actually and ne-
cessarily travel in the performance of their duties as judges
of the circuit courts, in proceeding to and from the places
where the circuit courts may be held by them; such mileage
to be ascertained by the certificate of the judge entitled to
the same, in which certificate he shall set forth the routes,
character, and distances of the journeys performed by him,
in his attendance upon circuit court duties as aforesaid,

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2 and payment thereof shall be made by the Treasury of the
United States.
Sec. 9. And be it further enacted, That the sixth
section of the act, approved twenty-ninth April, eighteen
hundred and two, entitled “An act to amend the judicial
system of the United States,” be, and the same is hereby,
repealed; and whenever any question, necessary for the
decision of a cause, shall occur before a circuit court,
upon which the opinions of the judges shall be opposed,
the point on which the disagreement may happen shall
reserved for decision at the next subsequent session of
the circuit court, at which subsequent session another
judge of the Supreme Court may, as hereinbefore pro-
vided. attend, and the judgment or decree of the circuit
court shall be entered according to the opinion of such
other judge.
Sec. 10. And be it further enacted, That, in the
event of failure on the part of the judges of the Supreme
Court, at any stated session, to assign, as hereinbefore pro-
vided, to the respective circuits the judges by whom the
courts therein shall be held during the then ensuing judi-
cial year, such assignment shall be made by the Presi-
dent of the United States.
Sec. 11. And be it further enacted, That it shall be
the duty of the judges of the Supreme Court, from time to

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11 time, to make and enforce, and they are hereby fully au-
thorized and empowered so to do, all such rules of practice
as in their judgment, or in the judgment of a majority of
them, will tend to facilitate an early hearing and prompt
disposition of business, and thereby effectually prevent a
denial or unnecessary delay of justice.
Sec. 12. And be it further enacted, That no final
judgment or decree whatever in civil actions, (except in
cases cognizable by the Supreme Court of the United
States, of final judgments or decrees in the highest courts
of law or equity of a State,) shall be re-examined, and re-
versed or affirmed in the Supreme Court, unless the mat-
ter in dispute exceeds the sum or value of two thousand
dollars.
Sec. 13. And be it further enacted, That the act of
Congress, entitled “An act concerning the Supreme Court
of the United States,” approved June seventeenth, eighteen
hundred and forty-four, be, and the same is hereby, re-
pealed. And the Supreme Court is hereby authorized
and empowered to adjudicate and finally dispose of any and
every suit and other proceeding, which at the time of the
passing of this act, may be depending therein, or in due
course of removal thereto by virtue of already existing
laws, anything herein contained to the contrary in anywise
notwithstanding.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That, from and after the passing of this act, the Supreme Court of the United States shall hold one stated session, annually, at the seat of government, com- mencing the first Monday of December, and all actions, suits, appeals, recognizances, processes, writs and pro- ceedings whatever, pending, or which may be pending, in said court, or returnable thereto, shall have day therein. And at such stated session preference in priority of argu- ment shall be given to cases that shall have been ordered for re-argument, or in which may be drawn in question
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13 14 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1	the construction of any clause of the constitution or of a treaty. Sec. 2. And be it further enacted, That adjourned sessions of the Supreme Court shall be held at the seat of government, from time to time, as often and at such periods, and of such duration as the state of docket may require. For such adjourned sessions the court may so direct and order that particular periods shall be especially devoted to the hearing of cases which shall have been brought up from particular sections of the country, thereby to facilitate the despatch of business, and not to expose suitors and their counsel to greater delay or more pro- longed or frequent attendance than may be necessary. Sec. 3. And be it further enacted, That it shall be the duty of four of the judges of the Supreme Court to hold the adjourned sessions aforesaid, of whom three judges shall be a quorum, for the transaction of any busi- ness; and the judges not holding such adjourned sessions of the Supreme Court shall attend the circuit courts, as the condition of the business in the respective circuits may require, not withstanding the sitting of the Supreme Court, and during the sittings of the Supreme Court, if necessary, as well as at all other times established by law or regu- lated by adjournment. Sec. 4. And be it further enacted, That, whenever
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2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4	upon the hearing of any case, at an adjourned session of the Supreme Court, there shall not be an unanimous or concurrent opinion of all the judges before whom the ar- gument may have taken place, no final judgment or decree shall be pronounced, if a party against whom there shall be a majority of the judges present shall desire a re- argument; and such case shall thereupon be ordered for re-argument at the next succeeding stated session of the court. Sec. 5. And be it further enacted, That, at such and every stated session of the Supreme Court, it shall be the duty of the judges to regulate and arrange the times at which one or more adjourned sessions thereof shall be held, (whenever any adjourned sessions shall appear to be necessary,) during the ensuing judicial year: And it shall, moreover, be the duty of the said judges, at each and every such stated session, to designate the four judges who shall attend the next ensuing adjourned session, and also to designate the four judges who shall respectively attend each of the other adjourned sessions, if any, of the Su- preme Court to be held during the ensuing judicial year. Sec. 6. And br it further enacted, That, until it shall be otherwise directed by law, the several circuit courts shall be held at the places, and shall commence at the times, which are provided by existing statutes. It shall
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5 6 7 8 9 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11	be the duty of the judges of the Supreme Court to attend the said circuit courts, as far as may be practicable, in ro- tation or successively, so that each judge may, from time to time, visit and preside in the different parts of the United States where the several circuit courts may be held. Sec. 7. And be it further enacted, That it shall be the duty of the judges of the Supreme Court, at each and every stated session of the same, to assign to the respec- tive circuits, the judges by whom the courts therein shall be held, successively, during the then ensuing judicial year, care being taken, at all times, to assign the particular and respective duties to such judges as may be able, without failure or disappointment, to perform them. Sec. 8. And be it further enacted, That, in addition to the annual compensation now provided for the judges of the Supreme Court, they shall be allowed and paid ten cents per mile for every mile they shall actually and ne- cessarily travel in the performance of their duties as judges of the circuit courts, in proceeding to and from the places where the circuit courts may be held by them; such mileage to be ascertained by the certificate of the judge entitled to the same, in which certificate he shall set forth the routes, character, and distances of the journeys performed by him, in his attendance upon circuit court duties as aforesaid,
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12 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 1 2	and payment thereof shall be made by the Treasury of the United States. Sec. 9. And be it further enacted, That the sixth section of the act, approved twenty-ninth April, eighteen hundred and two, entitled “An act to amend the judicial system of the United States,” be, and the same is hereby, repealed; and whenever any question, necessary for the decision of a cause, shall occur before a circuit court, upon which the opinions of the judges shall be opposed, the point on which the disagreement may happen shall reserved for decision at the next subsequent session of the circuit court, at which subsequent session another judge of the Supreme Court may, as hereinbefore pro- vided. attend, and the judgment or decree of the circuit court shall be entered according to the opinion of such other judge. Sec. 10. And be it further enacted, That, in the event of failure on the part of the judges of the Supreme Court, at any stated session, to assign, as hereinbefore pro- vided, to the respective circuits the judges by whom the courts therein shall be held during the then ensuing judi- cial year, such assignment shall be made by the Presi- dent of the United States. Sec. 11. And be it further enacted, That it shall be the duty of the judges of the Supreme Court, from time to
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3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11	time, to make and enforce, and they are hereby fully au- thorized and empowered so to do, all such rules of practice as in their judgment, or in the judgment of a majority of them, will tend to facilitate an early hearing and prompt disposition of business, and thereby effectually prevent a denial or unnecessary delay of justice. Sec. 12. And be it further enacted, That no final judgment or decree whatever in civil actions, (except in cases cognizable by the Supreme Court of the United States, of final judgments or decrees in the highest courts of law or equity of a State,) shall be re-examined, and re- versed or affirmed in the Supreme Court, unless the mat- ter in dispute exceeds the sum or value of two thousand dollars. Sec. 13. And be it further enacted, That the act of Congress, entitled “An act concerning the Supreme Court of the United States,” approved June seventeenth, eighteen hundred and forty-four, be, and the same is hereby, re- pealed. And the Supreme Court is hereby authorized and empowered to adjudicate and finally dispose of any and every suit and other proceeding, which at the time of the passing of this act, may be depending therein, or in due course of removal thereto by virtue of already existing laws, anything herein contained to the contrary in anywise notwithstanding.