Hempstead's Reports

by Samuel Hutchinson Hempstead

REPORTS

OF

CASES ARGUED AND DETERMINED

IN THE

UNITED STATES SUPERIOR COURT

FOR THE TERRITORY OF ARKANSAS,

FROM 1820 TO 1836;

AND IN

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARKANSAS,

FROM 1836 TO 1849;

AND IN

THE UNITED STATES CIRCUIT COURT

FOR THE DISTRICT OF ARKANSAS,

IN THE NINTH CIRCUIT, FROM 1839 TO 1856.

WITH NOTES AND REFERENCES AND RULES OF COURT.

BY

SAMUEL H. HEMPSTEAD, ESQ.

COUNSELLOR AT LAW, LITTLE ROCK, ARKANSAS.

BOSTON:

LITTLE, BROWN AND COMPANY.

1856.

Entered, according to Act of Congress, in the year 1856, by

LITTLE, BROWN AND COMPANY,

In the Clerk's Oifice of the District Court of the District of Massachusetts.

 

CAMBRIDGE:

ALLEN AND FARNHAM, PRINTERS

INTRODUCTION.

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By act of congress of March 26, 1804, (2 Stat. 283,) all that portion of country ceded by France to the United States, April 30, 1803, under the name of Louisiana, lying south of the Mississippi Territory, and of an east and west line to commence on the Mississippi River at the thirty-third degree of north latitude, and extending west to the boundary of the cession, was formed into a territory under the name of the Territory of Orleans. The residue of the cession, embracing Missouri and Arkansas, was called the District of Louisiana, and placed under the government of Indiana Territory. By act of congress of June 4, 1812, this district became the Territory of Missouri. 2 Stat. 743. On March 2, 1821, (3 Stat. 645,) congress provided by joint resolution for the admission of Missouri into the Union, and which admission became complete on the issuing of the president’s proclamation, August 10, 1821. 3 Stat. 797.

By act of congress of March 2, 1819, (3 Stat. 493,) all that part of the Territory of Missouri lying south of a line beginning on the Mississippi River at thirty-six degrees north latitude, running thence west to the river St. Francois; thence up the same to thirty-six degrees thirty minutes north latitude, and thence west to the western territorial boundary line, was erected into a separate territory called Arkansas Territory, to take effect after July 4, 1819; and the seat of government was established at the post of Arkansas until otherwise directed by the territorial legislature.

By act of congress, May 26, 1824, (4 Stat. 40,) the western boundary of Arkansas Territory was fixed at a point forty miles west of the south-west corner of the State of Missouri, and to run south to the right bank of Red River, and thence down that river, and with the Mexican boundary, to the line of the State of Louisiana.

The act of 1819 vested the judicial power of the Territory of Arkansas in a superior court, consisting of three judges, appointed for four years, but subject to removal by the president, and in such inferior courts as the legislative department of the territory should from time to time establish, and in justices of the peace. The superior court had jurisdiction of all criminal and penal cases; exclusive cognizance of all capital cases; original jurisdiction concurrently with the inferior courts; and exclusive appellate jurisdiction in all civil cases, in which the amount in controversy should be one hundred dollars or upwards. Two judges to constitute an appellate, and one judge a court of original jurisdiction.

By act of congress of April 17, 1828, the president was authorized, by and with the advice and consent of the senate, to appoint an additional judge of the superior court, to hold office for four years, and which was accordingly done. The legislature was authorized, and did divide the territory into four judicial districts, and assigned them to the four judges. In addition to circuit duty, the judges were required to hold two terms of the superior court annually, at the seat of government of the territory. And the legislature of the territory was authorized in all cases, except when the United States was a party, to fix the respective jurisdictions of the district and superior court, and it was declared that the United States cases shall be tried in the superior court in the manner said cases are now (1828) tried. A party aggrieved, except in criminal cases, was at liberty, by appeal, writ of error, or certiorari, to remove the suit into the superior court for further trial, and where it was to be tried and heard by not less than two of the judges other than the judge who made the decision in the district court. Writs of error and appeals from the final decisions of the superior court lay to the supreme court of the United States, in the same manner as from the circuit courts of the United States, when the amount in controversy exceeded one thousand dollars. 4 Stat. 261, 262.

The seat of government of the territory was fixed at Little Rock in 1821, where it has ever since remained. The first superior court was held there in that year by Benjamin Johnson and Andrew Scott, judges.

Arkansas was admitted into the Union by act of congress, June 15, 1836. A district court was created therein, and the State declared a judicial district of the United States to be called the Arkansas District. 5 Stat. 50, 51. The court was invested with the same powers and jurisdiction that were conferred on the district court of Kentucky by the Judiciary Act of 1789. Benjamin Johnson was appointed district judge.