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2d Session.

CLERKS OF COURTS SOUTHERN DISTRICT OF NEW YORK
AND SOUTHERN DISTRICT OF MISSISSIPPI.S

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The information required by the resolution of the House of Representa

tives respecting the clerks of the district and circuit courts of the southern district of New York, and of the southern district of Mississippi. El 1847 o r in 1919.01: 37 18:13

MAY 10. 1842-1, Read, and committed to the Committee of the Whole House on the state of the Union.

TREASURY DEPARTMENT, May 6, 1842, SIR: In answer to the resolution of the House of Representatives, calling for information “ whether, since the passage of the civil and diplomatic appropriation bill, of March, one thousand eight hundred and forty-one, the office of clerk of the district and circuit courts of the southern district of New York, and of the southern district of Mississippi, has not been divided, so that there is now, in each of said districts, a clerkship of the district court held by one person, and a clerkship of the circuit court held by another; and whether, before the passage of said act, both offices were not held by one individual ;" I have the honor to transmit, here with, the replies of the district attorneys for those districts, with a copy of the proceedings of the circuit court of the United States for the southern district of New York.

I am, sir, your obedient servant,

: W. FORWARD,

. Secrelary of the Treasury. Hon. J. WHITE, Speaker of the Ho. of Reps. i o

UNITED STATES ATTORNEY'S OFFICE,

New York, April 4, 1842. SiR : I have the honor to acknowledge the receipt of your communi. cation of the 20 of April, instant, requesting me to furnish dhe information required by the following resolution of the House of Representatives, as follows: " whether, since the passage of the civil and diplomatic ap.

propriation bill, of March, one thousand eight hundred and forty-one, the office of clerk of the district and circuit courts of the southern district of New York, and of the southern district of Mississippi, has not been divided, so that there is now, in each of said districts, a clerkship of the district court held by one person, and a clerkship of the circuit court held by another; and whether, before the passage of said act, both offices were not held by one individual.”

In reply, I beg to state that, by the 2d section of the act passed Febru. ary 28, 1839, Congress provided that all the circuit courts of the United States shall have the appointment of their own clerks; and, in case of a disagreement between the judges, the appointment shall be made by the presiding judge of the court."

This act, I believe, grew out of the difficulties which had arisen in New Orleans, between the district and circuit judges, in the case of Duncan W. Hennen, which case is reported in 13 Peters, 230, exparte Duncan W. Hennen.

In pursuance of the provisions of this act, Frederick J. Betts, the then district clerk, and who also acted as clerk of the circuit court, was ap. pointed clerk of the circuit court, with the understanding, I am informed, that the appointment was only to be temporary, until Judge Thompson should make up his mind as to whom he would appoint his successor,

Mr. Betts having declared his intention to resign both offices. On the 11th of March, 1841, F. J. Betts having resigned, Charles D. Betts was appointed clerk of the district court, to fill the vacancy, and, on the 12th of same month, James W. Metcalf was appointed clerk of the circuit court. I have had extracts made from the minutes, copies of which I have the honor to enclose. I have the honor to be, sir, very respectfully, your obedient servant,

0. HOFFMAN, U. S. Attorney. Hon. WALTER FORWARD, Secretary of the Treasury.

Friday, May 3, 1839. The court met pursuant to adjournment, and was opened by proclamation.

Present: The Hon. Smith Thompson and the Hon. Samuel R. Betts. 1

Circuit court of the United States for the southern district of New York, in the second circuit :

Extract from the minutes. Ordered, that Frederick J. Betts, clerk of the district court, be appointed clerk of the circuit court of the United States for the southern district of New York, pursuant to the act of Congress of February 28, 1839.

SMITH THOMPSON,

SAMUEL R. BETTS. NEW YORK, May 1, 1839.

1, Frederick J. Betts, do solemnly swear that I will support the Constitution of the United States, and that I will faithfully perform the duties

of clerk of the circuit court of the United States for the southern district of New York according to the best of my knowledge and abilities.

Sworn, this 2d day of May, 1839, before me,

SMITH THOMPSON.

At a stated term of the district court of the United States of America for

the southern district of New York, held at the city hall, in the city of
New York, on Thursday, the eleventh day of March, in the year of our
Lord one thousand eight hundred and forty-one.
Present: The Hon. Samuel R. Betts.

Frederick J. Betts, Esq., having this day resigned the office of clerk of the district court of the United States for the southern district of New York, I hereby appoint Charles D. Betts clerk of the said court, to fill the vacancy aforesaid.

SAMUEL R. BETTS. NEW YORK, March 10, 1841.

1, Charles D. Betts, being appointed clerk of the district court of the United States for the southern district of New York, do solemnly swear that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God.

CHARLES D. BETTS.

Sworn before me this 11th day of March, A. D. 1841.

SAMUEL R. BETTS.

d I, Charles D. Betts, appointed clerk of the district court of the Unitel States for the southern district of New York, do solemnly swear that I wil support the Constitution of the United States.

CHARLES D. BETTS.

Sworn, this 10th day of March, A. D. 1841, before me.

SAMUEL R. BETTS.

At a special session of the circuit court of the United States for the south

ern district of New York, in the second circuit, held at the city hall, in the city of New York, Friday, the 12th day of March, in the year of our Lord one thousand eight hundred and forty-one, pursuant to the second section of the act of Congress entitled an act in addition to the acts respecting the judicial system of the United States, approved July 4, Present: The Hon. Smith Thompson and Samuel R. Betts.

Extract from the minutes.

s, Esq., havin in and for clerk of

Frederick J. Belts, Esq., having resigned the office of clerk of the circuit court for the second circuit in and for the southern district of New York, we hereby appoint James W. Metcalf clerk of this court, to fill the vacancy aforesaid.

SMITH THOMPSON,

SAMUEL R. BETTS. New YORK, March 12, 184

Whereupon the said James W. Metcalf subscribed the following oath:

1, James W. Metcall, being appointed clerk of the circuit court of the second circuit in and for the southern district of New York, do solemnly swear that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially perform all the duties of iny said office, according to the best of my abilities and understanding, and that I will support the Constitution of the United States. So help me God.

JAMES W. METCALF.

Sworn to this 12th day of March, in the year of our Lord one thousand eight hundred and forty-one.

GEORGE W. MORTON, Deputy Clerk.

Whereupon it was ordered, that the said clerk file a bond of similar amount to the bond filed by the clerk of the district court.

District ATTORNEY'S OFFICE,

Natchez, April 21, 1842. Sir: Your letter of the 2d instant, giving me a copy of a resolution of the House of Representatives calling for information whether the office of clerk of the district and circuit courts of this district has not been di. vided, so that there is now a clerkship of the district court held by one person, and a clerkship of the circuit court held by another, and whether, before the passage of the civil and diplomatic appropriation bill of March, 1841, both otfices were not held by one individual, is duly received.

In reply, I have the honor to state that the office of clerk of the district and circuit courts of this district has been divided, in consequence of the resignation, by the clerk, at the last term, of the office of clerk of the cir. cuit court, upon which that court appointed another person to that office, and the old clerk retains the office of clerk of the district court. Before that time, and before the passage of the act referred to, both offices were held and exercised by the same individual. Very respectiully, your most obedient,

R. M. GAINES, U. S. Allorney, Southern District of Mississippi. Hon. W. FORWARD,

Secretary of the Treasury.

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