1811 1823 Statutes at Large 551-750

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Citation: 3 Stat. 551 1811-1823
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SIXTEENTH CONGRESS. Stss: 1, CH. 24. 1820.
of persons, in their respective districts or territories, as required by this

act, and as the same shall appear from said returns, to the Secretary of
State, within the time limited by this act, shall, for every such offence,
forfeit the sum of one thousand dollars; which forfeitures shall be reco- Forfeitures
verable in the courts of the districts or territories where the said offences recoverable
shall be committed, or within the circuit courts held within the same, by -where
offencestheare
action of debt, infoimation, or indictment; the one half thereof to the committed, &c.
use of the United States, and the other half to the informer; but where Half to the
the prosecution shall be first instituted on behalf of the United States, the informer; un-
whole shall accrue to their use. And, for the more •effectual discovery of Judges
less, &c. to
such offences, the judges of the several district courts in the several give this act in
districts, and of the supreme courts in the territories of the United States, charge to grand
as aforesaid, at their next session, to be held after the expiration of the juries-
time allowed for making the returns of the enumeration hereby directed,
to the Secretary of State, shall give this act in charge to the grand juries And cause
in their respective courts, and shall cause thereturns of the several assist- returns and ag-
ants, and the said attested copy of the aggregate amount, to be laid before gregate amount
to be laid before
them for their inspection, them.
SE.c. 4. And be it further enacted, That every assistant shall receive Compensation
at tht rate of one dollar for every hundred persons by him returned, of assistants.
where such persons reside in the country; and where such persons reside
in a city or town, containing more than three thousand persons, such
assistant shall receive at the rate of one dollar for every three hundred
persons: but where, from the dispersed situation of the inhabitants in
some divisions, one dollar will be insufficient for one hundred persons,
the marshals, with the approbation of the judges of their respective
districts or territories, may make such further allowance to the assistants
in such divisions as shall be deemed an adequate compensation: Pro- Proviso:
vided, The same does not exceed one dollar and twenty-five cents for every limit of com-
pensation.
fiftypersons by them returned; Provided frther,That before any assist- Proviso: as-
ant, as aforesaid, shall be entitled to receive said compensation, he shall sistant to take
take and subscribe the following oath or affirmation, before some judge and subscribe
or justice of the peace, authorized to administer the same, to wit: I, .yA an oath before'
A. compensation.
B. do solemnly swear or affirm, that the number of persons set forth in Form of the
the return made by me, agreeably to the provisions of the act, entitled oath.
"An act to provide for taking the fourth census or enumeration of the
inhabitants of the United States, and for other purposes," have been
ascertained by an actual inquiry at every dwelling-house, or of the head
of every family, in exact conformity with the provisions of said act; and
that I have, in every respect, fulfilled the duties required of me by said
act, to the best of my abilities, and that the return aforesaid is correct
and true, according to the best of my knowledge and belief. The several
marshals shall receive as follows: the marshal of the district of Maine, Compensation
two hundred and fifty dollars; the marshal of the district of New Hamp- of the marshals.
shire, two hundred and fifty dollars; the marshal of the district of Massa-
chusetts, three hundred dollars; the marshal of the district of Rhode
Island, one hundred and fifty dollars; the marshal of the district of Con-
necticut, two hundred dollars; the marshal of the district of Vermont,
two hundred and fifty dollars; the marshal of the southern district of
New York, two hundred and fifty dollars; the marshal of the northern
district of New York, two hundred and fifty dollars; the marshal of-the
district of New Jersey, two hundred dollars; the marshal of the eastern
district of Pennsylvania, three hundred dollars; the marshal of the west-
ern district of Pennsylvania, two hundred dollars; the marshal of the
district.of Delaware, one hundred dollars; the marshal of the district of
Maryland, three hundred dollars; the marshal of the eastern district of
Virginia, three hundred dollars; the marshal of the western district of
Virginia, two hundred dollars; the marshal of the district of Kentucky,
three hundred dollars; the marshal of the district of North Carolina,
HeinOnline -- 3 Stat. 551 1811-1823

SIXTEENTH CONGRESS. Snss. I. Cx. 24. 18W.
three hundred and fifty dollars; the marshal of the district of South Caro-
lina, three hundred dollars; the marshal of the district of Georgia, three
hundred dollars; the marshal of the district of East Tennessee, one hun-
dred and fifty dollars; the marshal of the district of West Tennessee,
one hundred and fifty dollars; the marshal of the district of Ohio, three
hundred dollars; the marshal of the district of Indiana, two hundred
dollars; the marshal of the district of Illinois, one hundred and fifty
dollars; the marshal of the district of Mississippi, one hundred and fifty
dollars; the marshal of the digtrict of Louisiana, one hundred and fifty
dollars; the marshal of the district of Alabama, one hundred and fifty
dollars; the marshal of the district of Columbia, fifty dollars; the mar-
shal of the Missouri territory, one hundred dollars; the marshal of the
Michigan territory, one hundred dollars; the marshal of the Arkansas
territory, one hundred dollars.
Abode, fami- SEc. 5. And be it further enacted, That every person whose usual
or habitinenu- place of abode shall be in any family, on the said first Monday in August,
ly, persons
of
merated, one thofisand eight hundred and twenty, shall be returned as of such
family; and the name of every person who shall be an inhabitant of any
district or territory, without a settled place of residence, shall be inserted
in the column of the schedule which is allotted for the heads of families
in the division where he or she shall be on the said first Monday in
August; and every person occasionally absent at the time of enu-
meration, as belonging to the place in which he or she usually resides in
the United States.
Obligation of SEC. 6. And be it further enacted, That each and every free person
every free per- more than sixteen years of age, whether beads of families or not, belong-
son above 16, to
give informs- ing to any family within any division, district, or territory, made or es-
tion. tablished within the United States, shall be, and hereby is, obliged to
render to the assistant of the division, if required, a true account, to the
best of his or her knowledge, of every person belonging to such family,
respectively, according to the several descriptions aforesaid, on pain of
Or forfeit 20 forfeiting twenty dollars, to fie sued for and recovered, in any action of
dolis.
Half to the debt, by such assistant; the one half to his own use, and the other half
assistant, to the use of the United States.
Assistant to SEC. 7. And be it further enacted, That each and every assistant,
set a correct
copy or previous to making his return to the marshal, shall cause a correct copy
schedule up at signed by himself, of the schedule containing the number of inhabitants
two public within his division, to be set up at two of the mbst public places within
places. the same, there to remain for the inspection of all concerned; for each
of which copies, the said assistant shall be entitled to receive two dol-
Proviso: lars: Provided, Proof of the schedule having been set up and suffered to
proof of setting
up schedute remain, shall be transmitted to the marshal, with the return of the num-
Or forfeiture ber of persons; and in case any assistant shall fail to make such proof
of compensa- to the marshai, as aforesaid, he shall forfeit the compensation allowed him
tion. by this act.
Secretary of Sac. S. Ant be it further enacted, That the Secretary of State shall
State to traus-
mit instruc- be, and hrb
b, hereby is, authorized and required, to transmit to the marshals
tions, forms, of the several districts and territories, regulations and instructions pur-
and interroga- suant to this act, for carrying the same into effect, and also the forms
tories, to the contained therein of the schedule, to be returned, and such other forms
marshals. as may be necessary in carrying this act into execution, and proper in-
terrogatories to be administered by the several persons to be employed
in taking the enumeration.
States with SEc. 9. And be itfdirther enacted, That,in those states composing two
two districts, districts, and where a part of a county may lie in each district, such
&c. county shall be considered as belonging to that district in which the
courthouse of said county may be situate.
Account of SEc. 10. And be it further enacted, That it shall be the duty of the
manufacturing several marshals and their assistants, at the time for taking the said cen-

SIXTEENTH CONGRESS. Sass. I. CH. 25. 1820.
sus, to take, under the direction of the-Secretary of State, and accord- establishments
and manufac-
ing to such instructions as he shall give, and such forms as he shall pre- tures to be
scribe, an account of the several manufacturing establishments, and their taken.
manufactures, within their several districts, territories, and divisions : Assistants to
the said assistants shall make return of the same to the marshals of their make returns,
respective districts or territories; and the said marshals shall transmit and marshals to
transmit re-
the said returns, and abstracts thereof, to the Secretary of State, at the turns, &c. to
same time at which they are, by this act, required, respectively, to make the Secretary
their returns to the Secretary of State: for the performance of which of State.
Additional
additional service, they shall, respectively, receive, as comperisation there- compensation.
for, not exceeding twenty per centum in addition to the sums allowed by
this act, to be apportioned in proportion to the services rendered, under
the direction of the Secretary of State.
SEc. It. And be it further enacted, That in all cases where the Further com-
superficial content of any county or parish shall exceed fbrty miles square, pensation with
approbation of
and the number of inhabitants in said parish or county shall not exceed the judges.
two thousand five hundred, the marshal or assistants shall be allowed,
with the approbation of their judges of theretpective districts or territories,
such further compensation as shall be deemed reasonable: Provided, Proviso.
The same does not exceed three dollars for every fifty persons by them
returned.
Sac. 12. And be it further enacted, That when the aforesaid enu- 1500 copies
meration shall be completed, and returned to the office of the Secretary to be printed
for the use of
of State, by the marshals of the states and territories, he shall direct the Congress.
printers to Congress to print, for the use of the Congress, fifteen hundred
copies thereof
APPROVED, March 14, 1820.
STATUTE I.
CHap." XXV.--n Sct making appropriationsfor the support of the navy of March 17,1820.
the United States, for the year one thousand eight hundredand twenty. .
Be it enacted by the Senate and House of Representatives of the United Appropriations.
States of America, in Congress assembled, That for defraying the ex-
pdnses of the, navy, for the year one thousand eight hundred and twenty,
the following sums be, and the same are hereby, respectively appro-
priated.
For pay and subsistence of the officers, and pay of the seamen, Pay of offi-
nine hundred and eighty-nine thousand three hundred and twenty cers and pay of
dollars. seamen.
For provisions, four hundred and fifteen thousand one hundred and Provisions.
eighty-seven dollars.
For medicines, hospital stores, and all expenses on account of the sick, Medicines,
including the marine corps, thirty-six thousand dollars. hospital stores,
tn &e.
For repairs of vessels, four hundred and eighty-four thousand Repairs of
dollars. vessels.
For store rent, freight, transportation, enlistment of seamen, and Contingent
all other contingent expenses, two hundred and forty thousan~d dollars. expenses.
For improvement of navy yards, docks, and wharves, pay of super- Repairs of
intendents, storekeepers, clerks, and labourers, one hundred thousand navy yards.
dollars.
For payment of contracts made for shells and shot, and for military Contracts for
stores, fifty thousand dollars. shells and shot.
For pay and subsistence of'the marine corps, one hundred and seventy- Marine corps.
seven thousand two hundred and twenty-eight dollars.
For clothing the same, twenty-seven thousand two hundred and five Clothing.
dollars. Contingent ex-
For contingent expenses of the same, twenty thousand dollars, 9 enses.
For military stores, one thousand dollars. Military stores.
VOL. IH.-70 3 4

SIXTEENTH CONGRESS. SEss. 1. Cm 26,.27. 1820.
To be paid SEc. 2. And be it further enacted, That the several appropriations
out of the trea- herein before made, shall be paid out of any money in the treasury, not
Sui .
otherwise appropriated.
STATUTE I.
March 17, 1820. CHAP. XXV.-.Sn .Jetto authorize the Presidentof the United &ate to appoint
a receiver of the public moneys and register of the land ofwe for the districtof
Lawrence county, in the .drkaasstepritory. (a)
The President Be it tngcted by the Senate and House of Representativesof the United
authorized to
appoint a re- States of America, in Congress assembled, That the President of the
ceiver and re- United States be, and he is hereby, authorized to appoint a receiver of
gister fbr Law- the public moneys and register of the land office for the district of
rence county.
Lawrence county, in the Arkansas territory.
Persons hav- SEv. 2. And be it further enacted, That every person having a claim
ing claim to to a right of pre-emption within the said district, shall make known his claim
pre-emption,
&c. to make it and location, according to the provisions of the laws now in force, to the
known to the register, at least six weeks before the time, to be designated by the Pre-
register six sident of the United States, for issuing patents to the soldiers of the late
weeks before
issuing patents army entitled to bounty land in said district.
to soldiers of APPROVED, March 17, 1820.
the late army.
STATUTE I.
March 30, 1820. CHAP. XXVII.-Anfet establishingacircuitcourt within and for the district of
Maine.
Act of March Be it enacted by the Sen'ate and House of Representatives of tde United
3,1801, ch. 32.
Act of March States of America, in Congress assembled, That, from and after the pass-
8, 1802, oh. 8. ing of this act, the districts of Rhode Island, Massachusetts, New Hamp-
Rhode Island, shire and Maine, shall constitute the first circuit; and in addition to the
Massachusetts,
INew Hamp- circuit courts now holden in said circuit, there shall be holden annually
shire, and two circuit courts within and for said district of Maine, by the justice
Maine, the 1st of the Supreme Court residing in said circuit, and by the district judge
circuit.
Two courts
of Maine, at the times and places following, viz: one session of said
in Maine. court shall commence and be holden at Portland, in said district, on the
At Portland. eighth day of May; and the other at Wiscasset, in said district, on the
At Wiscasset. eighth day of October; and when either of said days shall happen to be
Court may be Sunday, the session shall commence on the day next following; and when
held by the only one of the judges hereby directed to hold the said circuit courts
judgemattending. shall be able to attend, such circuit courts may be held by the judge so
attending.
Circuit court SEC. 52.And be it fu-ther enacted, That all acts and parts of acts, grant-
powers of dis- ing said district court of Maine the powers and jurisdiction of a circuit
trict court re- court of the United States, be, and the same are hereby repealed.
pealed.
Circuit court SEC. 3. And be it further enacted, That the circuit court by this act
of Maine may established in and for the district of Maine, shall have power to, and may,
decide upon ac- at its first gession, take cognisance of, and proceed
tions, &o. origi-
to act upon, hear, and
nated in the decide, all actions, causes, pleas, processes, matters, and things which
district court. have originated in said district court, and Which would, by law, be cog-
nisable, and be heard and determined by the circuit court to be holden
in the district of Massachusetts, if this act had never been made and
passed.
Causes de- .SEC.4. And be it further enacted, That those causes which have ori-
pending in the ginated as aforesaid, in said district court, and have been entered at the
circuit court of
Massachusetts, circuit court in the district of Massachusetts, and are now pending
may be trans- therein, on error, appeal, or otherwise, shall be transferred to the circuit
(a) See note of theacts of Congress relating to public lands in Arkansas, Act of May 26, 1824, ch. 154.

SIXTEENTH CONGRESS. Snss. I. CH. 28, 39,40. 1820. 555
court by this act established, and entered on the docket of the same at its ferred to the
first session, in order that the said causes may be heard and decided circuit court of
therein, in the manner provided by the third section of this act.
STATUTE 1.
CHAP. XXVIII.-An Act further to suspend, for a limited time, the sale or for- March 30, 1820.
feiture of lands, for failure in completing the payment thereon.
Be ft enacted by the Senate and House of Representativesof the United Act of March
3, 1819, ch. 74. -
States of America, in Congress assembled, That the operation of the Act of May
sixth condition of the fifth section of the act entitled "An act to amend 10, 1800, ch.55.
the act entitled "An act providing for the sale of the lands of the United -Forfeiture of
lands for non-
States north-west of the Ohio, and above the mouth of Kentucky river," payment sus-
be, and the same is hereby suspended until the thirty-first day of March, pended till 31st
one thousand eight hundred and twenty-one, in favour of the purchasers of March, 1821.
Proviso; bene-
public lands, at any of the land offices of the United States: Provided, fit limited to
That the benefit of this act shall not be extended to any one purchaser purchasers
for a greater quantity than six hundred and forty acres. within 640
acres.
STATUTE I.
CHAP. XXXIX.- An Aet for apportioning the representatives in the seven- April 7, 1820.
teenth Congress, to be elected in the state of Massachusetts and Maine, and for
other purposes. (a)
Be it enacted by the Senate and House of Representatives of the United Act of March
3, 1820, ch. 19.
States of America, in Congress assembled, That, in the election of re- Massachusetts
presentatives in the seventeenth Congress, the state of Massachusetts to choose only
shall be entitled to choose thirteen representatives only; and the state of 13 representa-
tives in the 17th
Maine shall be entitled to choose seven representatives, according to the Congress.
consent of the legislature of said state of Massachusetts, for this purpose And Maine, 7
given by their resolve passed on the twenty-fifth day of January last, and representatives.
In case of the
prior to the admission of the state of Maine into the Union. vacation of the
SEC. 2. And be it further enacted, That if the seat of any of the repre- seat of a repre-
sentatives in the present Congress, who were elected in and under the sentative in the
16th Congress,
authority of the state of Massachusetts, and who are now inhabitants of elected for
.the state of Maine, shall be vacated by death, resignation, or otherwise, Massachusetts,
such vacancy shall be supplied by a successor, who shall, at the time of being an inhab-
itant of Maine,
his election, be an inhabitant of the state of Maine. his successor to
APPROVED, April 7, 1820. he an inhabitant
of Maine also.
STATUTE I.
CHAP. XL.-. An Act making appropriationsfor the supjort of government, April 11, 1820.
for the year one thousand eight hundred and twenty.
Be it enacted by the Senate and House of Representativesof the United Sums appro-
States of America, in Congress assembled, That the following sums be, priated, for---
and the same are hereby, respectively, appropriated; that is to say:
For compensation, granted by law to the members of the Senate and Members of
House of Representatives, their officers and attendants, three hundred Congress, &c.
and eighty-four thousand and ten dollars.
For the expenses of stationery, fuel, printing, and all other contingent Contingent
and incidental expenses, of both Houses of Congress, forty-five thousand expenses.
dollars.
(a) See note to act of January 14, 1802, ch. 1, vol. ii, p. 128, referring to the acts apportioning the
representatives in Congress according to the enumeration of the inhabitants of the United States,
conforming to the returns of the census.

SIXTEENTH CONGRESS. SEss. I. C.. 40. 1820.'
Library of For the expenses of the library of Congress, including the librarian's
Congress. allowance, one thousand nine hundred and fifty dollars.
Books, &c. For the purchase of books, maps, and charts, for the library of Con-
for the library. gress, two thousand dollars.
The President. For compensation to the President of the United States, twenty-five
thousand dollars.
Vice President. For compensation to the Vice President of the United States, five
thousand dollars.
Secretary of For compensation to the Secretary of State, six thousand dollars.
State. For compensation to the clerks in the Department of State, per act of
Clerks. twentieth April, one thousand eight hundred and eighteen, fifteen thou-
1818, ch. 87. sand nine hundred dollars.
Messengers. For compensation to the messengers in said department, including the
messenger to the patent office, nine hundred and sixty dollars.
Contingent For the contingent and incidental expenses of said department, in-
expenses. eluding expenses of printing and distributing copies of the laws of the
first session of the sixteenth Congress, thirty-four thousand four hundred
and fifty dollars.
Secretary of For compensation to the Secretary of the Treasury, six thousand dollars.
the Treasury. For compensation to the clerks in the office of the Secretary of the
Clerks.
1818, ch. 87. Treasury, per act of twentieth April, one thousand eight hundred and
eighteen, ten thousand four hundred dollars.
Messengers. For compensation to the messengers in said office, seven hundred and
ten dollars.
1st comptrol- For compensation to the first comptroller of the treasury, three thou-
sand five hundred dollars.
Clerks. For compensation to the clerks in the office of the first comptroller,
1SI8 ch. 87. per act of twentieth April, one thousand eight hundred and eighteen,
seventeen thousand eight hundred and fifty dollars.
Messenger. For compensation to the messenger in said office, four hundred and
ten dollars.
2d comptrol- For compensation to the second comptroller of the treasury, three
ler. thousand dollars.
Clerks. For compensation to the clerks in said office, per act of twentieth
1818, ch. 87. April, one thousand eight hundred and eighteen, nine thousand seven
hundred and fifty dollars.
ten dollars.
1st auditor. For compensation to the first auditor of the treasury, three thousand
dollars.
Clerks. For compensation to the clerks in the office of the said auditor, per act
1818, ch. 87. of twentieth April, one thousand eight hundred and eighteen, fifteen
thousand two hundred dollars..
ten dollars.
2d auditor. For compensation to the second auditor of the treasury, three thousand
dollars.
Clerks. For compensation to the clerks in the office of said auditor, per act of
1818, ci. 87. twentieth April, one thousand eight hundred and eighteen, seventeen
thousand two hundred dollars.
ten dollars.
3d auditor. For compensation to the third auditor of the treasury, three thousand
dollars.
Clerks. " For compensation to the clerks in the office of said auditor, per act of
1818, ch. 87. twentieth April, one thousand eight hundred and eighteen, twenty-eight
thousand six hundred dollars.
Messengers. For compensation to the messengers in said office, seven hundred and
ten dollars.

SIXTEENTH CONGRESS. SEss. I. Ci. 40. 1820. 557
For compensation to the fourth auditor of the treasury, three thousand 4th auditor.
dollars.
For compensation to the clerks in the office of said auditor, per act of Clerks.
twentieth April, one thousand eight hundred and eighteen, fifteen thou- 1818, ch. 87.
sand and fifty dollars.
For compensation to the messenger in said office, four hundred and Messenger.
ten dollars.
For compensation to the fifth auditor of the treasury, three thousand 5th auditor.
dollars.
For compensation to the clerks in the office of said auditor, per act of Clerks.
twentieth April, one thousand eight hundred and eighteen, ten thousand 1818, ch. 87.
five hundred dollars.
For three clerks to complete the duties of the commissioner of the Clerks.
revenue, three thousand seven hundred dollars.
ten dollars.
For compensation to the treasurer of the United States, three thousand Treasurer.
dollars.
For compensation to the clerks in the office of said treasurer, per act Clerks.
of twentieth April, one thousand eight hundred and eighteen, five thou- 1818, oh. 87.
sand two hundred and fifty dollars.
For compensation to the two additional clerks in the office of the Additional
said treasurer, during the present year, one thousand two hundred clerk to trea-
dollars. surer.
ten dollars.
For compensation to the commissioner of the general land office, three Commissioner
thousand dollars. of general land
For compensation to the clerks in the office of said• commissioner, office.
Clerks.
per act of twentieth April, one thousand eight hundred and eighteen, 1818, oh. 87.
twenty-two'thousand five hundred and fifty dollars.
For compeqsation to the messenger in said office, four hundred and Messenger.
ten dollars.
For compensation to the register of the treasury, three thousand Register of
dollars. treasury.
For compensation to the clerks in the office of the said register, per Clerks.
act of twentieth April, one thousand eight hundred and eighteen, and 1818, ch. 87.
including two hundred dollars to correct an error in stating the total sum,
for one thousand eight hundred and nineteen, twenty-two thousand five
For compensation to the messenger in said office, including the Messenger.
allowance for stamping ships' registers, five hundred dollars.
For compensation to the secretary to the commissioners of the sink- Secretary to
ing fund, two hundred and fifty dollars. sinking fund.
For allowance to the person employed in transmitting passports and sea- Transmitting
letters, for expense of translating foreign languages in the office of the passports,trans-
Secretary of the Treasury, for stationery, printing, fuel, and all other lating, &c. in
the Treasury
contingent and incidental expenses, in the Treasury Department, and the Department.
several offices therein, forty-three thousand seven hundred and fifty
dollars.
For compensation to a superintendent, and four watchmen, employ- Superintend-
ed for the security of the state and treasury buildings, and for repairs of ,ent and watch-
men of State
engines, hose, and fire buckets, and for the purchase of a small fire en- and Treasury
gine, for the State Department, two thousand five hundred and sixty- Departments;
eight dollars. fire engine, &c.
For compensation to the Secretary of War, six thousand dollars. Secretary of
For compensation to the~Clerks.
clerks in the War Department, per act of War.
twentieth April, one thousand eight hundred and eighteen, twenty-five 1818, oh. 87.
thousand -eight hundred dollars.
3A2

SIXTEENTH CONGRESS. SESS. 1. C. 40. 1820.
Contingent For expense of fuel, stationery, printing, and other contingent ex-
expenses. penses, in said department, five thousand dollars.
Maps, &e. For maps, plans, books, and instruments, one thousand dollars.
Messengers. For compensation to the messengers in said department, seven hun-
dred and ten dollars.
Paymaster For compensation to the paymaster general, two thousand five hundred
general. dollars.
Clerks. For compensation to the clerks in the office of the said paymaster, per
1818, ch. 87. act of twentieth April, one thousand eight hundred and eighteen, nine
ten dollars.
Commissary For compensation to the commissary general of purchases, three thou-
general of pur- sand dollars.
chases. For his compensation for the year one thousand eight hundred and nine-
teen, no appropriation having been made for that year, three thousand
dollars.
Clerks. For compensation to the clerks in the office of said commissary, two
thousand eight hundred dollars.
Messenger. For compensation to the messenger in said office, three hundred and
sixty dollars.
Contingent For the contingent expenses of said office, nine hundred and thirty
expenses. dollars.
Clerks. For compensation to the clerks in the office of the adjutant and inspec-
1818, ch. 87. tor general, per act of twentieth April, one thousand eight hundred and
eighteen, two thousand one hundred and fifty dollars.
Contingent For the contingent .expenses of said office, one thousand two hundred
expenses. dollars.
Clerks. For compensation to the clerks in the office of the ordnance deparL-
1818, ch. ment, per act of twentieth April, one thousand eight hundred and eighteen,
87.
two thousand nine hundred and fifty dollars.
Contingent For the contingent expenses of said office, seven hundred and sixty
expenses. dollars.
Clerks. For compensation to the clerks in the office of the commissary gene-
1818, ch. 87. ral of subsistence, two thousand one hundred and fifty dollars.
Contingent For the contingent expenses of said office, one thousand three hun-
expenses. dred and fifty dollars.
Clerks. For compensation to the clerks in the office of the engineer depart-
ment, two thousand one hundred and fifty dollars.
Maps, &c. For expenses of maps, books, and stationery, two thousand five hun-
dred dollars.
Clerk of the For compensation to the clerk in the office of the surgeon general,
surgeon gene- one thousand one hundred and fifty dollars.
ral.F
Contingent For contingent expenses of said office, five hundred and five dollars.
expenses. For compensation to the Secretary of the Navy, six thousand dol-
Secretary of lars.
the Navy. For compensation to the clerks in the office of the Secretary of the
Clerks.
1818, ch. 87. Navy, per act of twentieth April, one thousand eight hundred and eigh-
teen, eight thousand two hundred dollars.
Extra clerk For compensation to an extra clerk in Vhe navy department, during
in Navy Depart- part of the year eighteen hundred and nineteen, three hundred' dollars.
ment.
ten dollars.
Contingent For contingent expenses of said office, two thousand five hundred
expenses. dollars.
Commissioners For compensation to the commissioners of the navy board, tenthou-
of navy board. sand five hundred dollars..
Secretary of For compensation to the. secretary to said commissioners, two thou-
navy board. sand dollars.

SIXTEENTH CONGRESS. Stss. I. Ca. 40. 1820. 559
For compensation to the clerks in the office of said commissioners, Clerks.
per act of twentieth April, one thousand eight hundred and -eighteen, 1818, ch. 87.
three thousand five hundred and fifty dollars.
For additional clerks, for the year one thousand eight hundred and Additional
twenty, in said office, four thousand dollars. clerk hire, &c.
For compensation to the messenger, four hundred and ten dollars. Messenger.
For the contingent expenses, two thousand dollars. Contingent
For compensation to the superintendent, and four watchmen, employed expenses.
Superintend-
for the security of the war and navy buildings, and for repairs of engines, eat of war
hose, and fire buckets, and for the purchase of a small fire engine, two and navy build-
thousand two hundred and sixty-eight dollars. ings.
For compensation to the Postmaster General, four thousand dollars. Postmaster
For compensation to two assistant postmasters general, five thousand general.
dollars. Assistant
postmasters
For compensation to the clerks in the general postoffice, per act of general.
twentieth April, one thousand eight hundred and eighteen, twenty-two Clerks.
thousand seven hundred dollars. 1818, oh.- 87.
For compensation to the messengers in said office, six hundred and Messengers.
sixty dollars.
For the contingent expenses of said office, four thousand dollars. Contingent
expenses.
For compensation to the surveyor general, two thousand dollars. Surveyor gen-
For compensation to the clerks in the office of said surveyor, two eral.
thousand one hundred dollars. Clerks.
For compensation to the surveyor south of Tennessee, two thousand Surveyor
dollars. south of Ten-
nessee.
For compensation to the clerks in the office of said surveyor, one His clerks, &c.
thousand seven hundred dollars.
For compensation to the surveyor in Illinois, Missouri, and Arkansas, Surveyor in
Illinois and
two thousand dollars. Missouri.
For compensation to the clerks in the office of said surveyor, two thou- Clerks.'
sand dollars.
For compensation to the surveyor in Alabama, two thousand dollars. Surveyor in
For compensation to the clerks in the office of said surveyor, one Alabama.
His clerks.
thousand five hundred dollars.
For compensation to the commissioner of public buildings, at Wash- Commission-
ington city, two thousand dollars. er of public
buildings.
For compensation to the officers and clerks of the mint, nine thousand Officers and
six hundred dollars. clerks of the
For wages of persons employed in the different operations of the mint, mint.
PerSons em-
nine thousand and fifty dollars. ployed in the
For incidental and contingent expenses, and repairs, cost of machinery, mint.
and for allowance of wasteage in the gold and silver coinage, of the mint, Cuntiugent
eight thousand one hundred dollars. expenses.
For compensation to the governor, judges, and secretary, of the Mis- Governorc.
souri territory, seven thousand eight hundred dollars. f Missouri.
For the contingent expenses of said territory, three hundred and fifty Contingent
dollars. expenses.
For compensation to the governor, judges, and secretary, of the Governor, &c.
Arkansas territory, including arrearages for the year one thousand eight of Arkansas.
hundred and nineteen, nine thousand seventy-two dollars and twenty-
nine cents.
dollars. expenses.
For compensation to the governor, judges, and secretary, of the Michi- Governor, &c.
gan territory, six thousand six hundred dollars. of Michigan.
dollars. expenses.
For printing and distributing the laws of the Michigan territory, twelve Printing, &c.

SIXTEENTH CONGRESS. SEss. 1. CH. 40. 1820.
Judges of the For compensation to the chief justice, the associate judges, and
United States. district judges, of the United States, including the chief justice and asso-
ciate judges of the district of Columbia, seventy-seven thousand one
hundred dollars.
Attorney gen- For compensation to the attorney general of the United States, three
eral. thousand five hundred dollars.
Clerk. For compensation to the clerk in the office of said attorney general,
1818, ch. 87. per act of twentieth April, one thousand eight hundred and eighteen,
eight hundred dollars.
District
neys and attor-
mar- For compensation to sundry district attorneys and marshals, as granted
shals m by law, including those in the several territories, nine thousand dollars.
Marshal of For compensation to the marshal of the western district of Pennsyl-
western dis- vania, for his services from the twentieth April, one thousand eight
trict of Penn- hundred and eighteen, to the twentieth April, one thousand eight hundred
and nineteen, two hundred dollars.
And district For compensation to the district attorney of the same district, for the
attorney, same time, two hundred dolla'rs.
Reporter of For compensation to the reporter of the decisions of the Supreme
decisions of Su- Court of the United States, one thousand dollars; to be paid upon the
preme Court.
1817,ch. 63. conditions prescribed in the act to provide for reports of the decisions
of the Supreme Court, passed March third, one thousand eight hundred
and seventeen.
Sundry pen- Forthe payment of sundry pensions, granted by the late and present
sions. governments, one thousand six hundred and seventy dollars.
Disabled sea- For a deficiency in the fund for the relief and protection of sick and
men. disabled seamen, as established by the act of the third May, one thou-
1802, ch. 51. sand eight hundred and two, eighty-one thousand three hundred and
nineteen dollars and thirty-four cents.
For complet- For completing the contracts for constructing the road from Washing-
ingcontrats
the road from for ton Pennsylvania, to Wheeling, made during the year one thousand
Washington to eight hundred and seventeen, one hundred and forty-one thousand
Wheeling. * dollars.
Surveying For surveying the public lands of the United States, one hundred and
public lands.
sixty thousand dollars.
Clerks. For additional compensation to the clerks in the office of the superin-
1818, ch. 87. tendent general of Indian trade, per act of twentieth April, one thousand
eight hundred and eighteen, four hundred and fifty dollars.
Balances due For payment of balances due to sundry individuals, relative to prison-
relative to pri- ers of war, eleven thousand eight hundred and twenty-eight dollars and
soners of war. eighty-one cents.
Expense of For defraying the expense of the fourth enumeration of the inhabi-
fourth census. tants of the United States, two hundred and forty thousand dollars.
Claims of in- For discharging the claims of the inhabitants of the late province of
habitants of West Florida, now included within the states of Louisiana, or Mississip-
West Florida. pi, for advances made for the use and benefit of the United States, prior
to, and since, the taking possession of the said portion of the said late
province of West Florida, by the United States, as liquidated by the State
Department, including principal and interest, twenty~four thousand two
hundred and thirty-one dollars fifty-three cents.
Lighthouses, For the maintenance and support of lighthouses, beacons, buoys, and
beacons, public piers, stakeages of channels, bars, and shoals, including the pur-
buoys, and chase and transportation of oil, keepers' salaries, repairs and improve-
piers, &C. ments, and contingent expenses; and including the balances of former
appropriations for erecting lighthouses, at Cape Look Out, Sapelo Island,
Cumberland Island, and on Tybee, which were carried to the surplus
fund, on the thirty-first of December last; one hundred and twenty thou-
sand eight hundred and sixty-three dollars.
Outstanding For the payment of outstanding debentures for internal duties, twenty
debentures, thousand dollars.

SIXTEENTH CONGRESS. SEss. I. C. 40. 1820.
For the discharge of such miscellaneous claims against the United Miscellaneous
States, not otherwise provided for, as shall be admitted in due course of claims.
settlement at the treasury, six tljousand dollars.
For the third payment to John Trumbull, for paintings, agreeably to John Trumbull,
his contract with the Secretary of State, made in pursuance of a resolu- for paintings.
tiQn of Congress, of the sixth of February, one thousand eight hundred
and seventeen, six thousand dollars.
For salaries to the ministers of the United States, at London, Paris, Salaries to
St. Petersburg, Rio Janeiro, and Madrid; with, the salaries of their several Ministers of the
United States
secretaries of Legation, and the salary of a charg6 des affaires at Stock- at foreign
holm and the Hague; and for the salaries for the late ministers at Ma- courts, &U.
drid and Rio Janeiro, during six months of the year one thousand eight
hundred and nineteen, and for the usual allowance of three months' sa-
lary to those ministers, payable on their return home; seventy-seven
For outfits to a minister to St. Petersburg, nine thousand dollars. Minister to
For contingent experikes of those missions, ten thousand dollars. t. Petershurg.
For the contingent expenses of foreign intercourse, thirty thousand expenses of
dollars. missions
reign to and
courts fo.
For the expenses of intercourse with the Barbary powers, forty-two of foreign inter-
thousand dollars. course.
For the expenses, during the present year, for carrying into effect the For carrying
fifth, sixth, and seventh, articles of the treaty of peace, concluded with his into effect
treaty of Ghent.
Britannic majesty, on the twenty-fourth of December, one thousand
eight hundred and fourteen, including the compensation of the commis-
sioners and surveyors, and an agent appointed under the fifth article of
the said treaty, and their contingent expenses, forty-seven thousand three
hundred and thirty-three dollars and thirty-two cents.
For the purpose of holding treaties with the Creek and Cherokee For extin-
tribes of Indians, for the extinguishment of the Indian title to all the guishing Indian
title within the
lands within the state of Georgia, pursuant to the fourth condition of the stateof Georgia.
first article of the Articles of Agreement and Cession, concluded between
the United States and the state of Georgia, on the twenty-fourth day of
April', one thousand eight hundred and two, the sum of thirty thousand-
dollars. And fbr the purpose of procuring a further extinguishment of And in Michi-
Indian title within the territory of Michigan, the sum of twenty thousand gan.
dollars.
For the purpose of negotiating a treaty or treaties with the Indians in For extin-
the state of Mississippi, for the extinguishment of their title to lands in guishing Indian
titles to lands in
that state, twenty thousand dollars. Mississippi.
For salaries of the agents for claims, on account of spoliations, and for Agents of
seamen, at London and Paris, four thousand dollars. claims at Paris
and London.
For the relief and protection of American seamen in foreign coun- Distressed
tries, eighty thousand dollars. American sea-
For the payment of a balance due to M. Poirey, ascertained and men.
For a balance
settled under the law of February twenty-fourth, one thousand eight due M. Poirey.
hundred and nineteen, the sum of three thousand four hundred and 1819, ch. 40.
eighty-six dollars.
For the payment of a balance due M. De'Vienne, ascertained and For a balance
settled under the law of February twenty-fourth, one thousand eight due M. de
Vienne.
hundred and nineteen, nine hundred and ninety-five dollars and forty 1819, oh. 42.
cents.
SEC. 2. And be it further enacted, That the several appropriations
hereinbefore made, shall be paid out of any moneys in the treasury, not
APPROVED, April 11, 1820.
VOL. IIL-71

SIXTEENTH CONGRESS. Sss. I. Ca, 41,45. 1820.
STATUTt 1.
April 11, 1820. CAP. XLI.-An Act making further appropriationsfor continuingthe work
upon the centre building of the Capitol, and other public buildings.
Sums appro- Be it enactedby the Senate and House of Representatives of the United
priated for-
States of America, in Congress assembled, That, for continuing the work
of the centre building of the Capitol, and other public buildings in the city
of Washington, the following sums be, and the same are hereby,'appropria-
ted, viz:
The centre For continuing the work of the centre building of the Capitol, one
building of the
Capitol. hundred and eleven thousand seven hundred and sixty-nine dollars.
Painting. For painting the inside of the north and south wings of the Capitol,
and providing for the expense of making such alterations therein as
have been directed during the present session of Congress, two thousand
eight hundred and sixty-seven dollars.
Graduating * For graduating the ground round the Capitol, and supplying the de-
ground round
the Capitol, &c. ficiency in former appropriations for enclosing and improving the Capitol
square, five thousand five hundred and ninety-one dollars.
Repairs, &c. For making necessary repairs and alterations in the President's house,
in the Presi- one thousand one hundred dollars.
dent's house. For making alterations and improvements in the Senate chamber,
Alterations
and improve- for the better accommodation of the Senate, two thousand four hundred
ments in~the dollars.
Senate cham- SEC. 2. And be it further enacted,That the said several sums be paid
ber.
out of any moneys in the treasury, not otherwise appropriated.
STATUTE t.
April 14, 1820. CHAP. XLV.-Adn act making apropriationsfor the military service of the
United States,for the year one thousandeight hundred and twenty.
Sums for-
priated appro- Be it enacted by the Senate and House of Representativesof the United
States of America, in Congress assembled, That the following sums
be, and the same are hereby, respectively, appropriated:
Pay of the For the pay of the army of the United States, in addition to an unex-
army. -pended balance of one hundred thousand dollars, one million thirty-six
Subsistence. thousand seven hundred and eighty-four dollars.
For subsistence, in addition to the sum of two hundred and twenty
thousand dollars already appropriated, six hundred and two thousand affd
Bounties niId forty-eight
dollars.
premiums. For bounties and premiums for fifteen hundred recruits, twenty-one
thousand dollars.
Other espen- For quarters, fuel, straw, and all other expenses for recruits, until or-
ganized to join regiments and corps, thirty-four thousand one hundred
SClothing. and twenty-five dollars.
For clothing, three hundred thousand dollars.
Medical
hospital and
depart- For the medical and hospital department, forty-two thousand one
rjtia hundred and forty-five dollars.
.eartermas- For the quartermaster's department, four hundred and fifty thousand
ter. - dollars.
Contingencies. For the contingencies of the army, forty thousand dollars.

Forage. For forage for officers, in addition to an unexpended balance of twenty
thousand dollars, six thousand four hundred and ninety-six dollars.
Fortifications. For fortifications, eight hundred thousand dollars.
Milita$' For the military academy at West Point, for fuel, maps, plans, books,
academy'.at. and apparatus, and contingent expenses, eighteen thousand three hundred
West Point. and twenty-two dollars. For completing the buildings, two thousand
five hundred dollars.
ArrearageX. ' For arrearages, prior to the year one thousand eight hundred and

eighteen, twenty-one thousand four hundred and twenty-eight dollars and

fifty-seven cents.
For cannon and shot, to fulfil existing contracts, and for the purchase Cannon and
of flints, and timber for travelling carriages, fifty-three thousand dollars. shot, &c.
For the national armories, in addition to the sum of fifty-six thousand National ar-
dollars, already appropriated, three hundred and nineteen thousand dollars. mories.
For the current expenses of the ordnance department, one hundred Ordnance de-
thousand dollars. partment.
For the completion of arsenals, to wit: for completing the arsenal at Completion
Augusta, in Georgia, twenty-seven thousand dollars. For completing the of arsenals.
arsenal at Baton Rouge, twenty-five thousand dollars; and at Watertown,
near Boston, eight thousand six hundred and fifty dollars.
For balances due to certain states, in addition to an unexpended ha- Balances due
lance of one hundred and fifty-three thousand one-hundred and seventy- certain states.
two dollars, three hundred and fifty thousand dollars.
For arrearages, in addition to fifty thousand dollars already appropriated, Arrearages.
one hundred thousand dollars.
For the annual allowance to the invalid pensioners of the United Invalid pen-
States, in addition to an unexpended balance of eighty-four thousand sioners.
nine hundred and eighty-two dollars twenty-nine cents, three hundred
and forty-one thousand eight hundred and sixty-two dollars and seventy-
one cents.
For the annual allowance to the revolutionary pensioners, under the Revolutionary
act of the eighteenth of March, one thousand eight hundred and eigh- pensioners.
teen, two millions seven hundred and sixty-six thousand four hundred
and forty dollars.
For the half-pay pensions of widows and orphans, one hundred thou- Widows and
sand dollars. orphans.
For the current expenses of the Indian Department during the pre- Indian de-
sent year, two hundred thousand dollars. partment.
For surveying and marking boundary lines of Indian cessions, fifteen Indian boun-
thousand dollars. dary 'lines.
For making a survey of the water-courses tributary to, and west of, Surveyjof
the Mississippi, also those tributary to the same river and north-west of water-courses.
the Ohio, four thousand five hundred dollars.
For making a survey, maps, and charts, of the Ohio and Mississippi Survey, maps,
rivers, from the rapids of the Ohio at Louisville, to the Balize, for the and charts of
the Ohio and
purpose of facilitating and ascertaining the most practicable mode of im- Mississippi.
proving the navigation of those rivers, five thousand dollars.
For completing the public road through the Creek nation, between through road
Public the
the states of Georgia and Alabama, three thousand three hundred dollars. Creek nation.
SEC. 2. And be it further enacted, That the several appropriations Out of money
hereinbefore made, shall be paid out of any money in the treasury not in the treasury.
STATUTE I.
CHAP. XLVI.-An .ct to continue in force the act passed on the twentieth day of April 18, 1820.
April, one thousand eight hundred and eighteen, entitled" .n act supplementary
to an act, entitled 'nd act to regulate the collection of duties on imports and
tonnage,' passed the second day of March, one thousand seven hundred and
ninety-nine,!' andfor otherpurposes.
Be it enacted by the Senate and House of Representativesof the United Adt of 20th
States of America, in Congress assembled, That the act passed on the April,1818,con-
tinted in force
twentieth day of April, in the year one thousand eight hundred and until 4th March,
eighteen, entitled " An act supplementary to an act, entitled. An act 1823.
to regulate the collection of duties on imports and tonnage, passed the
second day of March, one thousand seven hundred and ninety-nine,"

564 SIXTEENTH CONGRESS. Sass. I. CH. 47. 1820.
2, Act
1799,of o.
March
22. shall continue in force for two years from the twentieth day of April,
Act 'f chril one thousand eight hundred and twenty, and, from that time, until the
20,1818,ch.79. end of the next session of Congress, thereafter, and no longer.
Twenty days SEC. 2. And be it further enacted, That, in all cases of entry of mer-
from date of chandise for the benefit of drawback, the time of twenty days shall be
clearance for
completing en- allowed, from the date of the clearance of the ship or vessel in which the
try, &e. in same shall be laden, for completing the entry, and taking the oath re-
cases of draw- ed bylaw:
back. quir Provided, That the exporter shall, in every other par-
Proviso. ticular, comply with the regulations and formalities heretofore established
for entries of exportation for the benefit of drawback.
STATUTE L
April 21, 1820. CHAP. XLVII.-Jn Act to establish a district courtin the state of .4labama.(a)
Laws ofthe Be it enactedby the Senate and House of Representativesof the United
United States States of America, in Congress assembled, That all the laws of the United
extended to
Alabama. States, which are not locally inapplicable, shall be extended to the state
of Alabama, and shall have the same force and effect within the same as
elsewhere within the United States.
Alabama a SEC. 2. And be it further enacted, That the said state shall be one
district, district, and be called the Alabama district; and a district court shall be
A district court
of one jusge. held therein, to consist of one judge, who shall reside in the said district,
Four stated and be called thedistrictjudge. He shall hold, alternately, at the towns of
sessionsannual- Mobile and Cahawba, beginning at the first, four stated sessions annually;
ly, at Mobile
and Cahawba. the first to commence on the fir'st Monday in April next, and the three
other sessions, progressively, on the first Monday of every third calendar
Powers of the month thereafter. He shall, in all things, have and exercise the same
Judge. jurisdiction and powers which were by law given to the judge of the Ken-
Act of 1789, tucky district, under an act entitled "An act to establish the judicial
oh. 20. courts of the United States," and an act entitled "An act in addition to
1793, ch. 22. the act, entitled ' An act to establish the judicial courts of the United
States,"' approved second March, one thousand seven hundred and ninety-
Clerks of the three. He shall appoint clerks for the said district, who shall reside,
court, and keep the records of the court, at the places of holding the same, and
shall receive, for the services performed by them, the same fees to which
the clerk of the Kentucky district is entitled for similar services.
Causes, &c. SEc. 3. And be it further enacted, That all causes, actions, indict-
in the territorial ments, libels, pleas, processes, and proceedings, whatsoever, returnable,
general court commenced, depending, or in any manner existing, in the general court
transferred to
the district established by an act, entitled "An act to establish a separate territo-
court. rial government for the eastern part of the Mississippi territory," by vir-
3,
Act of March
1817, oh. 89.
tue of the federal jurisdiction by that act granted, be, and the same are
hereby, transferred to the said district court,and may be proceeded
in, shall
exist, and have like incidents and effects, as if they had been originated
and been proceeded in, in the said district court.
(a) The acts which have beenpassed relating to the district court of Alabama are:
An act to establish a district court in the state of Alabama, April 21, 1820, ch. 47.
An act to alter the terms of the district court of Alabama, Nov. 27, 1820, oh. 1.
An act for the better organization of the district courts of the United States in the state of Alabama,
March 10, 1824, oh. 28.
An act fixing the times and places of holding the district courts of the United States in the district of
Alabama, May 22, 1826, ch. 149.
An act to alter.the times of holding the district courts of the United States for the districts of Maine,
illinois, and Alabama, Jan. 27, 1831, ch. 10.
An act to alter the time of holding the district courts of the United States for the southern district
of AlabamaMarch 2, 1827, ch. 41.
An act respecting the jurisdiction of certain district courts, Feb. 19, 1831, ch. 28.
An act supplementary to an act, entitled "An act to amend the judicial system of the United States,
March 3, 1837, ch. 34, sec. 3, 4.
Anactto re-organize the district courts of the United States in the state of Alabama, Feb. 6, 1839,
oh. 20.
Acts of 1822, ch. 23; 1832, ch. 58; 1842, oh. 123.

SIXTEENTH CONGRESS. SEss. L CH. 48,50. 1820.
SEC. 4. And be it further enacted, That the dockets, books, records, Dockets, &c.
and papers, belonging to the said general court, arising out of, and ap- of the general
territorial court
pertaining to, its federal jurisdiction, shall be transferred to, and to become the
become the dockets,- books, records, and papers, of the said district dockets, &c.
court. of the district
court.
SEc. 5. And be it further enacted, That there shall be allowed to the Compensation
judge of the said district court, the annual compensation of fifteen hun- of the judge
dred dollars, to commence from the date of his appointment; to be paid 1500 dollarsper
annum.
quarter yearly at the treasury of the United States.
SEC. 6. And be it further enacted, That there shall be appointed, in A district
attorney.
the said district, a person learned in the law, to act as attorney for.the
United States;. who shall, in addition to his stated fees, be paid by the Compensation.
United States two hundred dollars annually, as a full compensation for
all extra services.
SEC. 7. And be it further enacted, That a marshal shall be appoint- A marshal.
ed for the said district, who shall perform the same duties, be subject to
the same regulations and penalties, and be entitled to the same fees, as Compensation.
are prescribed to marshals in other districts; and shall, moreover, be en-
tided to the sum of two hundred and fifty dollars annually, as a com-
pensation for all extra services.
STATUTE I.
CHAP. XLVM.-An Ace rdative to the Arkansas territory. (a) April 21, 1820.
Be it enacted by the Senate and House of Representativesof the United Act of 4th
States of America, in Congress assembled, That the act of Congress June, 1812, pro-
viding for the
passed on the fourth day of June, one thousand eight hundred -and government of
twelve, providing for the government of the territory of Missouri, as Missouri, &c. in
modified by the act of Congress passed on the twenty-ninth day of April, force in the ter-
ritory of Arkan-
one thousand eight hundred and sixteen, entitled an act to alter certain sas, &c.
parts of the act aforesaid, shall be considered as applicable to the go- Act of June
vernment of the territory of Arkansas, and shall have reference to the 4, 1812, ch. 9b.
Act of April
proceedings of the said territory, in the organization of the second 29, 1816, oh.
grade of the territorial government assumed, by said territory, under an 155.
act of Congress of the second of March, one thousand eight hundred Act of March
and nineteen, establishing the territory of Arkansas; and all and every 2, 1819, oh. 49.
step taken under the last-mentioned act, shall be considered valid, if
not inconsistent with the three before-recited acts taken together.
STATUTE I.
CHAP. L.-An Sorto authorize the Secretary of State to cause the laws of the April 24, 1820.
.Tichigan territoryto be printed and distributed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United The laws of
States of America, in Congress assembled, That the laws of the Michigan Michigan in
territory in force, shall be printed, under the direction of the Secretary of force, to be
printed under
State; and that a competent number of copies thereof shall be distribut- the direction of
ed among the people of said territory, as the governor and judges thereof the Secretary
shall direct: Provided, That the expense of such printing shall not of State, &c.
Proviso.
exceed twelve hundred and fifty dollars.
SEc. 2. And be it further enacted, That fifteen sets of the laws of the
Fifteen sets
United States, which were compiled by order of Congress, and publish- of the laws of
ed by Bioren and Duane, in one thousand eight hundred and fifteen, shall the United
be transmitted by the Se6retary of State, to said territory to be distri- States to be
transmitted to
buted therein, as the local government thereof may direct. Michigan, &c.
(a) See notes to act of March 2, 1819, ch. 49.

3B

SIXTEENTH CONGRESS. - Szss. L Cit. 51. 18M20.
STATUTE I.
April 24, 1820. CHAP. LI. - An Act making further provision for the sale f the public lan.
Act of March Be it enacted by the Senate and House of Representativesof the United
3, 1819, ch. 92. States of America, in Congress assembled, That from and after the first
Act of March
2, 1821,ch.12. day of July next, all the public lands of the United States, the sale of
Act of March which is, or may be authorized by law, shall, when offered at public sale,
3, 1823, oh. 57. to the highest bidder, be offered in half quarter sections; and when
Public sale of
lands in half offered at private sale, may be purchased, at the option of the purchaser,
quarter sec- either in entire sections, half sections, quarter sections, or half quarter
tions, after 1st sections; and in every case of the division of a quarter section, the line
July, 1820.
At private for the division thereof shall run north and south, and the corners and
sale, in entire, contents of half quarter sections which may thereafter be sold, shall be
halt', quarter, or ascertained in the manner, and on the principles directed and prescribed
half quarter,
sections. by the second section of an act entitled, "An act coneerning the mode of
Act of Feb. surveying the public lands of the United States," passed on the eleventh
11, 1805, ch. 14. day of February, eighteen hundred and five; and fractional sections, con-
Fractional taining one hundred and sixty acres, or upwards, shall, in like manner, as
sections, less
than 160 acres, nearly as practicable, be sub-divided into half quarter sections, under
to be sold en- such rules and regulations as may be prescribed by the Secretary of the
tire.
Treasury; but fractional sections, containing less than one hundred and
Proviso. sixty acres, shall not be divided, but shall be sold entire : Provided,That
this section shall not be construed to alter any special provision made by
law for the sale of land in town lots.
No credit on SEC. 2. And be it further enacted, That credit shall not be allowed'
sales of public for the purchase money on the sale of any of the public lands which shall
lands, after 1st be sold after the first day of July next, but every purchaser of land sold at
July, 1820.
public sale thereafter, shall, on the day of purchase, make complete pay-
Purchasers at ment therefor; and the purchaser at private sale shall produce, to the
private sale to register of the land office, a receipt from the treasurer of the United
produce a re- States, or from the receiver of public moneys of the district, for the
ceipt for the
money before amount of 'the purchase money on any tract, before he shall enter the
entry. same at the land office; and if any person, being the highest bidder, at
public sale, for a tract of land, shall fail to make payment therefor, on the
day on which the same was purchased, the tract shall be again offered at
public sale, on the next dayof sale, and such person shall not be capable
of becoming the purchaser of that or any other tract offered at such
public sales.
Price of lands SEc. 3. And be it further enacted, That from and after the first day of
I dollar 25 cts. July next, the price at which the public lands shall be offered for sale, shall
per acre after
1st July, 1820. be one dollar and twenty-five cents an acre; and at every public sale, the
highest bidder, who shall make payment as aforesaid, sh'll be the pur-
No sales for chaser; but no land shall be sold, either at public or privatc sale, for a
less than 1 dol- less price than one dollar and twenty-five cents an acre; and all the pub-
lar 25 qts. per lic lands which shall have been offered at public sale before the first day
acre.
of July next, and which shall then remain unsold, as well as the lands
Lands offered that shall thereafter be offered at public sale, according to lay), and retnain
at public sales, unsold at the close of such public sales, shall be subject to be sold at
and unsold,sub- private sale, by entry at the land office, at one dollar and twenty-five
ject to private
sale, at 1 dollar cents an acre, to be paid at the time of making such entry as aforesaid;
25 cts. per acre. with the exception, however, of the lands which may have reverted to
Exceptions. the United States, for failure in payment, and of the heretofore reserved
sections for the future disposal of Congress, in the states of Ohio and
Indiana, which shall be offered at public sale, as hereinafter directed.
Lands revert- Sec. 4. And be it further enacted, That no lands which have reverted,
ed, &c. to be or which shall hereafter revert, and become forfeited to the United States
offered at pub-
lie, before pri- for failure in any manner to make payment, shall, after the first day of
vate sales. July next, be subject to entry at private sale, nor until the same shall
Sale of lands have been first offered to the highest bidder at public sale; and all such

SIXTEENTH CONGRESS. Srss. L Ct 52. 1820.
lands which shall have reverted before the said first day of July next, and reverted, &c.
which shall then belong to the United States, together with the sections, before the Ist
and parts of sections, heretofore reserved for the future disposal of Con- reserved
July, 120, see-
and
gress, which shall, at the time aforesaid, remain unsold, shall be offered tions.
at public sale to the highest bidder, who shall make payment therefor,
irt half quarter sections, at the land office for the respective districts, on
such day or days as shall, by proclamation of the President of the United
States, be designated for that purpose; and all lands which shall revert Sale of lands
and become forfeited for failur of payment after the said first - day of July revetng, &c.
ft.;tilet July,
next, shall be offered in like manner at public sale, at such time, or times, 1820.
as the President shall by his proclamation designate for the purpose:
Provided,That no such lands shall be sold at any public sales hereby
authorized, for a less price than one dollar and twenty-five cents an acre,
nor on any other terms than that of cash payment; and all the lands All lands un-
offered at such public sales, and which shall remain unsold at the close sold at public,
may-be entered
thereof, shall be subject to entry at private sale, in the same manner, at private sale.
and at the same price with the other lands sold at private sale, at the
respective land offices.
SEC. 5. And be it further enacted, That the several public sales au- Public sales
thorized by this act, shall, respectively, be kept open for two weeks, and for two weeks.
no longer; and the registers of the land office and the receivers of public
money shahl, each, respectively, be entitled to five dollars for each day's
attendance thereon.
SEC. 6. And be it further enacted,That, in every case hereafter, where Preference to
two or more persons shall apply for the purchase, at private sale, of the be given to the
same tract; at the same time, the register shall determine the preference, highest bidder.
by forthwith offering the tract to the highest bidder.
APPROVED, April 24, 1820.'
STATUTE I.
CHAP. LII-AnAct in additionto the severalactsfor the establishment and regula- May 1, 1820.
tion of the Treasury, War, andNavy Departments.
Be it enacted by the Senate and House of Representativesof the United Act of March
States of America, in Congress assembled, That it shall be the duty of 2, 1809, ch. 28.
the Secretary of the Treasury, to cause to be carried to the account of Unexpended
the surplus fund, any moneys appropriated for the Department of War, moneys to be
or of the Navy, which may remain unexpended in'the treasury, or in carried to the
surplus fund.
the hands of the treasurer, as agent for those departments, whenever he
shall be informed, by the secretaries of those departments, that the object
for which the appropriation was made has been effected. And it shall Balances of
be the duty of the Secretaries of War and Navy Departments, to cause moneys drawn,
after the object
any balance of moneys drawn out of the treasury, which shall remain has been effect.
unexpended, after the object for which the appropriation was made shall ed, to be repaid
be effected, to be repaid to the treasury of the United States; and such to the treasury,
moneys, when so repaid, shall be carried to the surplus fund. &8c.
SEC. 2. And be it further enacted, That it shall be the duty of the Secretaries of
Secretaries of the War and Navy Departments, to lay before Congress, War and Navy
to lay before
on the first day of February, of each year, a statement of the appropria- Congress, an-
tions of the preceding year, for their departments respectively, showing nually, a state-
the amount appropriated under each specific head of appropriati6n, the ment of appro-
priations, &c.
amount expended under each, and the balance remaining unexpended,
either in the treasury, or in the treasurer's hands, as agent 9f the War or
Navy Departments, on the thirty-first December preceding: And it shall Secretaries
be further the duty of the Secretaries aforesaid, to estimate the probable to estimate the
probable de-
demands which may remain on each appropriation, and the balance shall mands, and the
be deducted from the estimates of their departments, respectively, for the balance to be
service of the current year; and accounts shall also be annually rendered, deducted, &c.
in manner and form as aforesaid, exhibiting the sums expended out of Accounts to
be annually ren-
the estimates aforesaid, and the balanie, if any, which may remain on dered.

568 SIXTEENTH CONGRESS. Snss. I. C. 52. 1820.
hand, together with such information, connected with the same, as shall
Unexpended be deemed proper. And whenever any moneys, appropriated to the De-
hands oa te partment of War, or of the Navy, shall remain unexpended in the hands
treasurer, as of the treasurer, as agent of either of those departments, for more than
agent of War two years after the expiration of the calendar year in which the act of ap-
and Navy De- propriation shall have been passed, or to which it refers, it shall be the
partments, for
more than two duty of the Secretary of such department to inform the Secretary of the
years, &c. to be Treasury of the fact, and the Secretary of the Treasury shall thereupon
carried to the
surplus fund. cause such moneys to be carried to the account. of the surplus fund: Pro
Proviso. vided, That when an act making an appropriation, shall assign a longer
duration for the completion of its object, no transfer of any unexpended
balance, to the account of the surplus fund, shall be made until the ex-
piration of the time fixed in such act.
Expenditures SEc. 3. And be itfurther enacted, That in the settlement of theaccounts
for services, &c. of the War Department, for services or supplies accruing prior to the, first
under the War
Department, of July, one thousand eight hundred and fifteen, the expenditures shall be
and balances to charged to arrearages, and the balances ofpublic money hereafter recovered
be returned and out of advances made in the War Department, for services or supplies prior
carried to the
surplus fund. to the date aforesaid, shall be returned to the treasury, and, by the Secre-
I tary of the Treasury, be carried to the surplus fund.
nppropriations SEC.4. And be it further enacted, That nothing contained in the act
for theyelar
of one service
not of March third, one thousand eight hundred and nine, entitled "An aft
to be further to amend the several acts for the establishment and regulation of
transfeot
red to another the Treasury, War, and Navy Departments," shall be so construed, as to
branch of ex- allow any appropriation whatever for the service of one year to be trans-
penditurent year' ferred to another branch of expenditure in a different year, nor shall any
under act of 3d appropriations be deemed subject to be transferred, under the provisions
March, 1809. of the above-mentioned act, after they. hall have been placed in the hands
Act of 3d
March, 1809, of the treasurer, as agent of the War or Navy Departments.
ch. 28. amend- SEC. 5. And be it further enacted, That the above-mentioned act
ed. of the third of March, one thousand eight hundred and nine, shall be, and
Branhes
expenditure in
the same is hereby, so amended, that the President shall be authorized to
the War De- direct a portion of the moneys appropriated for any one of-the following
partment. branches of expenditure in the military department, viz : For the subsist-
ence of the army, for forage, for the medical and hospital department, tot
the quartermaster's department; to be applied to any other of the above-
mentioned branches of expenditure in the same department: And that
the President shall he also further authorized, to direct a portion of the
Branche's of. moneys appropriated for any of the following branches of expenditure in
expenditure in the Naval Department, viz: For providions, for medicine and hospital
the Navy De- stores, for repairs of vessels, for clothing; to be applied to any other of
partment. the above-mentioned branches of expendituire in the same department:
and that no transfers of appropriation, from or to other branches of ex-
penditure, shall be hereafter made.
No contracts SEc. 6. And be it further enacted, That no contract shallhereafter be
to be made ex- made by the Secretary of State, or of the Treasury, or of the Department
cept under of War, or of the Navy, except under a law authorizing the same, or
authority of a under an appropriation adequate to its fulfilment; and excepting also, con-
Jaw, or an ade-
quate appro- cts for the subsistence and clothing of the army or navy, and contracts
priation. by the quartermaster's department, which may be made by the Secretaries
Exceptions. of those departments.
No landto be SEC. 7. And be it further enacted, That no land shall be purchased on
purchased for account of the United States, except under a- law authorizing such
the United purchase.
States except
under authority SEc. 8. And be ifarther enacted, That it shall be the duty of the
of a law. Secretary of the Treasury to annex to the annual estimates of the
Secretary of appropriations required for the public service, a statement of the ap-
the toeaual propriations f6r the service of the year wic may have been made y
estimates, a furmer acts; and, also, a statement of the sums remaining in the

SIXTEENTH CONGRESS. SEss. 1. Cm. 53. 1S40.
treasury, or in the hands of the treaiurer, as agent of the War and statement of ap-
propriatIons for
Navy Deparments, from the appropriations of former years, estimating the service of
the amount of those sums which will not be required to defray ex- the year, &c.
penses incurred in a previous year, and showing the whole amount
which will be subject to the disposition of the executive government
in the year to which the estimates apply.
SEC. 9. And be it further enacted, That the second section of the act, The 2d sec-
entitled "An act making appropriations for the payment of the arrear- tion of the ap-
propriation act
ageswhichhavebeen incurred for the support of the military establish- for military ar-
ment previous to the first day of January, one thousand eight hundred rearagea of the
and seventeen," passed on the sixteenth day of February, one thousand 16th Feb. 1818,
ch. 10, repealed.
eight hundred and eighteen, be, and is hereby, repealed.
APPROVED, May 1, 1820.
STATUTE I.
CuP. LIlt-n Act in additionto an act, entitled "An act to provide for certain May 1, 1820.
persons engaged in the land and naval service "f the United States in the
revolutionary war," passed the eighteenth day of March, one thousand eight
hundred and eighteen.
Be it enacted by the Senate andHouse of Representativesof the United Act of March
$tates of America, in Congress assembled, That no person who now is, 18,No1818, ch. 19.
person to
or hereafter may be, placed on the pension list of the United States, receive a pen-
by virtue of the act, entitled "An act to provide for certain persons sion after pay-
engaged in the land and naval service of the United States in the ment of that
due on 4th
revolutionary war," passed on the eighteenth day of March, one thou- March, 1820,
sand eight hundred and eighteen, shall, after the payment of that part unless he ex-
of the, pension which became due on the fourth day of March, one hibits a sche-
thousand eight hundred and twenty, continue to receive the pension dule of his
whole estate
granted by the said -act, until he shall have exhibited to some court and income.
of record, in the county, city, or borough, in which he residesi a
schedule, subscribed by him, containing his whole estate and income,
(his necessary clothing and bedding excepted) and shall have (before
the said court, or some one of the judges thereof,) taken and subscribed, Oath or affir-
and produced to the said court, the following oath or affirmation, to wit: mation to be
I, A. B. do solemnly swear or affirm, (as the case may be) that I was a taken and sub-
resident citizen of the United States on the eighteenth day of March, scribed. Form of the
one thousand eight hundred and eighteen, and that I have not, since that oath, &c.
time, by gift, sale, or in any manner whatever, disposed of my property,
or any part thereof, with intent thereby so to diminish it as to bring my-
self within the provisions of an act of Congress, entitled "An act to pro-
vide for certain persons engaged in the land and naval service of the
United States in the revolutionary war," passed on the eighteenth day of
March, one thousand eight hundred and eighteen; ana that I have not,
nor has any person in trust for me, any property, or securities, contracts,
or debts, due to me; nor have I any income, other than what is contain.
ed in the schedule hereto annexed and by me subscribed: Nor until such A certified
person shall have delivered, or caused to be delivered, to the Secretary of copyofsehedule
War, a copy of the aforesaid schedule and oath or affirmation, certified and oath, and
opinion of the
by the clerk of the courtto which the said chedule was delivered, together court, to be de
with the opinion of the said court, also certified by their clerk, of the livered to the
value of the property contained in the said schedule: Provided,That in Secretary of
War.
every case in which the pensioner may be insane, or incapable of taking Proviso.
an oath, the court may receive the said schedule, without the aforesaid
oath or affirmation, from the committee, or other person authorized to
take care of such person.
SEC. 2. And be it further enacted, That the original schedule and Original sche-
oath or affirmation shall be filed in the clerk's office, of the court to dule, &c. to be
filed in the office
which the schedule and oath or affirmation aforesaid shall be exhibited:
VOL. IL.-712 3 B2

SIXTEENTH CONGRESS. Sass. I. Cn. 54,62,75. 1820.
of the clerk of And any person who shall swear or affirm falsely in the premises,
the court, &c.
Persons swear- and be thereof convicted, shall suffer as for wilful and corrupt per-
ing falsely. jury.
The Secretary Ste. 3. And be it further enacted, That on the receipt of the copy of
of War may
strike from the the schedule and oath, or affirmation aforesaid, it shall be the duty of the
pension list the Secretary of the War Department to cause to be struck from the list of
names of per- pensioners under the said act, the name of such persbn, in case the said
sons, who, in person shall not, in his opinion, be in such indigent circumstances as to
his opinion, are
not in indigent be unable to support himself without the assistance of his country:
circumstances, Provided, That every person, who shall have been placed on the pen-
&c. sion list in consequence of disability, from known wounds received in
Proviso.
the revolutionary war, and who shall have relinquished such pension in
order to avail themselves of the benefit of the provisions of the act, to
which this is an amendment, who, by virtue, of this section, may be
stricken from the pension list, shall be forthwith restored to the pension
so relinquished.
. APPROVED, May 1, 1820.
STATUTE I.
May 1, 1820. CHAP. LIV.-.n ct to increase the allowance of the judges of the Orphans' Court
in the counties of Washington and Alexandria.
Each judge Be it enacted by the Senate and House of Representatives of the United
of the orphans'
court in the States of America, in Congress assembled, That from and after the pass-
District of Co- ing of this act, the judge of the orphans' court for the county of Washing-
lumbia, allowed ton, in the District of Columbia, and the judge of the orphans' court for
6 dollars for
each day he at- the county of Alexandria, in the same district, shall each be entitled to
tends, &c. receive, in lieu of his present compensation, the sum of six dollars for
every day he shall attend in the&execution of his office: to be paid in the
same manner as is now by law directed.
STATUTE I.
May 4, 1820. CHA..LXII.-AnAct concerningthe banks of the district of Columbia.

Charters of Be it enacted by the Senate and House of Representatives of the United
the banks in the States of America, in Congress assembled, That the charters of the several
District paying
specie, and as incorporated banks in the District of Columbia, now paying specie,
long as they and during such time only as such banks respectively shall continue to
pay specie con- pay specie, be, and the same are hereby extended to the first day of June,
tinued until let one thousand eight hundred and twenty-two, any thing in the said char-
June, 1822.
Charter of ters to the contrary notwithstanding; and the charter of the Bank of
Bank of Colum- Columbia, be, and the same is hereby declared to be limited in its dura-
bia limited to
1st June, 1822.
tion to the said first day of June, one thousand eight hundred and twen-
Proviso. ty-two: Provided, That this act shall be of no force or effect to extend
any charter aforesaid, till a majority in interest of the stockholders of the
several banks whose charters may be hereby extended, shall file their
declarations in writing, in the office of the Secretary of the Treasury,
assenting to, and accepting the benefit of this act.
STATUTE I.
May 8, 1820. CHAP. LXXV.-An Act further to regulate the medical department of the army.
Act of April Be it enacted by the Senate and House of Representativesof the United
24, 1816, ch. 69,
sec. 1. States of America, in Congress assembled, That the apothecary general
Apothecary and assistant apothecaries general, shall severally give bonds to the United
and assistant States, with good and sufficient security, for the faithful performance of

SIXTEENTH CONGRESS. Sms. 1. Cu. 84. 1820.
their duties, in such sums as shall be required bythe Surgeon General apothecaries
of the Army, under the direction of the War Department. general with
bonds, to give
se-
APPROVED, May 8, 1820. curity, &c.
STATUTS I.
Crtp. LXXXIV.-.qn it to estab i; additional land o9fees in the states of May 11,1820.
X~abama and Ili,ois.
Be it enacted by the Senate andHouse of Representatives of the United
.tates of America, in Congress assembled, That for the sale of the
unappropriated public lands in the state of Alabama, the following dis-
tricts shall be fornmed, and land offices therefor established : All the public land
District and
office at
lands, as aforesaid, bounded on the north by the line which separates Tuscaloosa.
townships numbered fourteen and fifteen, in the district of Huntsville; on
the south, by the line which separates townships twenty-two and twenty-
three, in the district of Cahawba, and the district east of Pearl river; and
on the east and west, by the lines of the state of Alabama ; shall form a
district, for which a land office shall be established at Tuscaloosa. And District and
all the public lands, as aforesaid, bounded on the south by the southern land office at
boundary of the state of Alabama; on the west, by the line separating Coaecu Court-
bonayhouse.
ranges four and fie, east of the basis ineridian, to the line separating
townships five and six north, in the district of Cahawba ; thence, east,
with said line, to the lind separating ranges twenty and twenty-one; thence
north, with the said line, to the line separating townships eleven and
twelve; thence, east, with said line, to the eastern boundary of the state of
Alabama, and bounded on the east by the eastern boundary of said state;
shall forn a district, for which a land office shall be established at Cone-
cah Courthouse.
SEc. 2. And be it further enacted, That so much of the pullic lands, Part of Shaw-
hereto'fore included in the Shawneetown land district, as lies east of the neetown d!5-
trictto form a
third principal meridian, north of the base line, and west of the range. separate land
line, between ranges numbered eight and nine, east of the said third prin- district.
cipal meridian, shall enstitute a separate land'district; and, for the sale Land office at
of the public lands therein, there shall be a land office established at Van- Vandalia.
dalia, the seat of government for the state of Illinois.
Svc. 3. And be it further enacted, That so much of the public land Another land
as lies north of the base line, east of the aforesaid range line, and west district at Ifli-
of the Big Wabash river, as lies in the state of Illinois, shall also consti-
lute a separate land district; and for the sale of the public lands, there Land office at
shall be a land office established at the town of Palestine, on the said Palestine.
Wabash river.
SFc. 4. And be it further enacted, That there shall be a register and A register and
receiver appointed to each of the aforesaid land offices, to superintend receiver' for
the sales of the public lands in their respective districts, who shall~offices,
reside each ofitheland
with
at the places designated in their respective districts, at which the offices compensation,
are fixed, give security in the same manner, in the same sums, and whose &c.as in other
compensation, emoluments, and duties, and authority, shall, in every cases.
respect, be the same, in relation to the lands which shall be disposed of
at their offices, as are or may be by law provided in relation to the regis-
ters and receivers of public moneys in the several offices established for
the sale of the public lands.
SEc. 5. And be it further enacted, That the provisions of the second, -'2d, 3d and 5th
third, and fifth sections of the act, entitled "An act to designate the boin- sections of the
e lact of 3d March,
daties of districts, and establish land offices for the disposal of the public 1819, ch.9 2 ,ap-
lands, not heretofore offered for sale, in the states of Ohio and Inidiana," plicabte, &c., so
approved March the third, eighteen hundred and nineteen, be, and the far as they have
same are hereby, made applicable to the aforesaid districts and offices, so not been
changed, &a.
far as they are not changed by subsequent laws of the United States.
APePovED, May 11, 1820.

572 SIXTEENTH CONGRESS. Sess. I. Cit. 85. 1820.
STATUTE 1.
May 11, 1820. CHAP. LXXXV.-Sn .Ret to revive the powers of the commissioners for ascertain-
ing and deciding on claims to land in the district of Detroit, and for settling
1823, ch. 10 § 1. the claims to land at Green Bay and Prairie des Ciens, in the territory of
Michigan.
Powers of the Be it enacted by the Senate and House of Representatives of the United
commissioners
for deciding on States of America, in. Congress assembled, That the powers of the corn-
ofCnrsThtfte
claims to lands missioners for ascertaining and deciding on the rights of persons claim-
in the district ing lands in the district of Detroit, as defined by the second section of
t'Detroit, un- an act, entitled "An act to authorize the granting of patents for land
deract of 23d
April, 1812, oh. according to the surveys that have been made, and to grant donation
62, revived. rights to certain claimants of land in the district of Detroit, and for other
purposes," passed on the twenty-third of April, one thousand eight hun-
Commissioners dred and twelve, shall be, and are hereby, revived. And the said com-
to perform the
duties prescrib- missioners shall perform the duties therein prescribed, in relation to the
ed. claims which have been filed with the register of the lnd office for the
Act of March said district, in pursuance of the act, entitled " An act allowing further
3, 1817, ch. 99. time for entering donation rights to lands in the district of Detroit."
And to exam- And the said commissioners shall also have power to examine and decide,
ine and decide according to the laws respecting the same, the claims which have been
on claims filed, filed with the register of the land office, and not heretofore decided on;
&c.
Report and and they shall transmit their report, and transcripts of their decisions, to
transcripts to the Secretary of the Treasury, to be laid before Congress, in the manner
be transmitted y
to the Secretary directed by former Jaws providing for the adjustment of such claims.
of the Treasu- Sue. 2. And be it further enacted, That the said commissioners shall
ry, &c. be, and they are hereby, authorized to employ, with the approbation of
An agent capa- the Secretary of the Treasury, a person capable of translating the
ble of translat-French language, as an agent, for the purpose of ascertaining the titles
ing the French and claims to land at the settlements of Green Bay, and Prairie des
language. . Chiens. It shall be the duty of the said agent to give public notice at
Agent to give
notice, and at- each of the said settlements, of the time and place therein, at which he
tend, &c. shall attend for the purpose of receiving notices and evidence of tides
Claimants to and claims to lands within the same. And every person having title or
produce evi-
dence, &c. claim to lands within the settlements aforesaid, shall produce the evidence
of his title or claim to the said agent, who shall record the same in books
Agent to re- to be kept for that purpose. And after the said agent shall have remain-
port to the com- ed at the places aforesaid, a time sufficient for the inhabitants to produce
missioners, &c. the evidence of their claims, he shall make his report thereof to the said
Commission- commissioners, who shall have power to examine and decide on the claims
ers to and
report transmit
tran- so reported to them, according to the laws for adjusting and settlink the
scriptsan tnhe claims to land in the district of Detroit, except, that which relates to dona.
Secretary of the tions of vacant land adjacent to the land confirmed shall not be consi-
rreasury, &c. dered applicable to claims in the settlements aforesaid. And the said
commissioners shall transmit their report, and transcripts of their decis-
ions, to the*Secretary of the Treasury, on or before the first of October,
in the year one thousand eight hundred and twenty-one, to be laid before
Congress at their next session thereafter, in the same manner as was
directed by law in respect to tie claims to lands in the district of
Detroit.
Agent to take SEC.'3. And be it further enacted, That the agent aforesaid shall take
an oath. an oath for the faithful discharge of the duties enjoined on him; and he
shall conform, in discharging the said duties, to such general instruc-
tions as shall be given him by the Secretary of the Treasury; and the
500 dollars said commissioners and agent shall each receive five hundred dollars, as
for each con- full compensation for the services to be performed under this act, together
missioner and
agent, with fees with the recording fees to the agent, and allowance to the register, for a
to agent and certificate of confirmation for donation rights provided for by former
register. laws.

SIXTEENTHCONGRESS. "Smsi I. CH; 86,,87. 1820.
STATUTE I.
CRAP. LXXXV.---Shn ct for the relief of certainsetlers in the sate of Illinois May 11, 1820.
who reside within the Iincennestlanddistrict. [Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Persons who
States of America, in Congress assembled, That every person, who would would have
been entitled to
have been entitled to the right of pre-emption, according to the provisions right of pre-
of the act, entitled "An act giving the right of pre-emption in the pur- emption, to be
chase of lands to certain settlers in the Illinois territory," passed'Febru- entitled to cer-
tificate for the
ary the fifth, one thousand eight hundred and thirteen, provided said act excess paid
had been so construed as to embrace those who were living within above 2 dollars
the limits of the Vincennes land district, and who became the pur- per acre, &c.
. Act of Feb.
chaser, at public sale, of the said land, to which the right of pre-emp- 5, 1813, ch. '20.
tion would have so attached, at more than two dollars per acre, shall be Certificate re-
entitled to a certificate for the amount, so paid or to be paid, exceeding ceivable in pay-
ment of debt to
two dollars per acre, from the register of the land office at Vincennes; United States
which certificate shall be receivable in payment of any debt due to the for land.
United States on account of the sale of public land: Provided,however, Proviso.
That it shall be-the duty of every person claiming the benefit of this act,
to prove, to the satisfaction of the register and receiver of the land office
at Vincennes, that they are entitled thereto, according to its true intent
and meaning.
SEC. 2. And be it further enacted, That every person who would have Persons who
been entitled to .the tight of pre-emption in the said Vincennes district, would have
been entitled,
according to the provisions of the said recited act, passed the fifth day of &c. who were
February, eighteen hundred and thirteen, had it been so construed not purchasers,
as to embrace them, and who did not become the purchaser of any tract allowed till Ist
Sept., 1820, to
of land to which such right of pre-emption would have attached, shall be prove, &c.
allowed till the first day of September next, to prove, to the satisfaction
of the register and receiver at Vincennes, that they would have been so en-
Register, on
titled ; and it shall be the duty of the register, when the satisfaction afore- satisfaction, to
said shall be made, to grant a certificate to every such person, or their le- grant a certifi-
gal representatives, stating therein that such person would have been en- cate, &c.
titled to such right of pre-emption, and that he did not become the pur- Every person,
chaser thereof, neither at public nor private sale. And every such per- upon certificate
son, or his legal representatives, shall, upon producing such certificate to allowed to en-
the register of any land office in the state of Illinois, be allowed to enter ter a quarter
section, at mini-
one quarter section of land, each, at the minimum price fixed by the mum price, &c.
Uiited States, of any land which may be surveyed previous to the first
day of September next, whether the same shall have beenoffered atpub-
lic sale or not.
o ApptovED, May 11, 1820.
STATUTE I.
CHAP. LXXXVT.-I n Act supplementary to the several acts for the adjustment May 11, 1820.
of land claims in the state of Louisiana.
Act of March
Be it enacted by the Senate and House of Representatives of the United 3, 1819, eh. 100.
States of America, in Congress assembled, That the claims for lands Claims for
within the eastern district of the state of Louisiana, described by the re- lands in the
eastern district
gister and receiver of the said district, in their report to the commission- of Louisiana,
er of the general land office, bearing date the twentieth day of November, confirmed.
one thousand eight Wundred and sixteen, and recommended in the said
report for confirmation, be, and the same are hereby, confirmed against
any claim on the part of the United States.
SEC. 2. And be it further enaced,That any person or persons, claiming Persons claim-
ing lands west
lands within that part of Louisiana lying west of the river Mississippi, in- of the Missis-
cluding the island of New Orleans, founded upon any Spanish grant, sippi, founded
concession, or order of survey, and whose claims have not heretofore

SIXTEENTH CONGRESS. Sass. I. Ca 87. 1820.
upon Spanish been filed in the proper office, may, from and after the first day of July
grants, &c. next, and until the thirty-first day of December thereafter, deliver no-
Notices, &e. tices, in writing, and the written evidences, oftheirclaims, to the
register
to be recorded, of the land district within which such lands may be situate, within the said
state, and the said notices and evidences, so delivered, within the time
limited by this act, shall, by the said registers, be recorded, in books to be
Twenty-five kept for that purpose; for which service a compensation shall be received,
cents for every from such claimants at the rate of twenty-five cents for every hundred
hundred words
recorded, words. And the rights of such persons as shall neglect so doing, within
Persons neg- the time limited by this act, shall, so far as they are derived from, or
lecting forfeit founded on, any act of Congress, ever after be barred, and become void,
their rights, &c. and the evidences of their claims never after admitted as evidence in any
court of the United States, against any grant derived -from the United
States.
Registers to SEC. 3. And be it further enacted, That the said registers shall on the
report to the first day of January next, make, to the Secretary of the Treasury, a report
Secretary of the of all the claims fied in their respective offices, in pursuance of the pro-
Treasury. visions of this act, together with the substance of the eyidence in sup-
port thereof, with their opinion of the credit to which such evidence is
entitled.
Persons claim- Sac. 4. And be it further enacted, That every person or persons,
ing lands under claiming lands within that part -of Louisiana described in the preceding
Spanish grants, section, founded upon any Spanish grant, concession, or orderof survey,
&c. who had filed their notices, of claims in the proper office, according to
former laws, and whose claims have not been confirmed, may, at any time
before the thirty-first day of December next, deliver additional written
evidence, or other testimony, in support of their claims, the notice of
Evidence to which had been filed as aforesaid, to the said registers; and the evidence,
be recorded. so delivered, or offered, shall be recorded in books to be kept for that
purpose; for which service a compensation shall be received, from such
claimants, at the rate of twenty-five cents for every hundred words.
Rights of per- And the rights of such persons as shall neglect so doing within the time
sonsneglecting, limited by this act, shall, so far as they are derived from, or founded on,
barred, &c. any act of Congress, ever after be barred, and become void, and the
evidences of their claims never after admitted as evidence n any court
of the United States, against any grant derived from the United States.
Registers, on SEc. 5. And be it further enacted, That the said -registers shall, on the
the 1st of Jan., first day of January next, make, to the Secretary of the Treasury, a re-
1821, to report
claims in which port of the claims in which additional evidences shall have been filed in
additional evi- their respective offices, together with the substance of the evidence so
dence has been filed, with their opinion of the credit to which such evidence is entitled,
filed, &c. and such other information as the examination of such cases, under any
former law, may have placed in their power or possession.
Secretary' of SEe. 6. And be it further enacted, That it shall be the duty of the
the Treasury to Secretary of the Treasury, as soon as the reports'of the said registers
examine, and
report to Con- shall be received, to proceed to the examination of the claims aforesaid,
gress. and to report to the two houses of Congress a list of the cases, which, in
his opinion, ought to be confirmed, together with the reasons upon which
Proviso. his opinion may be founded: Provided,nevertheless, That no claim shall
be so recommended for confirmation, which contains more than the
quantity contained in a league square.
The 5th sec- SEc. 7. And be it further enacted, That the fifth section of the act
tion of the act 'f the third day of March, eighteen hundred and eleven, entitled "An
of 3d March, eihte
181t, ch. 46, re- act providing for the final adjustment of claims to lands, and for the sale
vived and con- of the public lands, in the territories of Orleans and Louisiana, and to
tinued until
l1th May, 1822. repeal the act passed for the same purpose, and approved February six-
1823, oh. 18. teenth, one thousand eight hundred and eleven," be and the same is
hereby revived and continued, for the term of two years, from and after the
passing of this act.

SIXTEENT H CONGRESS. -Sgsm 1. Ca. 8% 89. 1820. 5
SEC. 8. And be itfurthre enacted, That the said registers, in addition Additional
•compensation
to the' compensation herein prescribed, shall receive, in fall for the ser- to the registern,
vices required of them, respectively, by this act, the sum of six hundred in full, &c.
dollars, which shall be paid out of any money in the treasury not other- '
wise appropriated.
ST.TUTE 1.
C~p. LXXXVII.-An Act extending the time allowed for the redemption of May ILI,1820.
land sold for dired taxes, in certaincases.
Be it enacted by the Senate andHouse of Representativesof the United . Act of May
States, of America, in Congress assembled, That the time allowed for the 16,1826, h. 59.
The time al-
redemption of lands which have been, or'may be sold for the payment of lowed for re-
taxes, under the act passed the ninth. day of January, one thousand eight demption under
hundred and fifteen, so far as the same regards the dire6ttax of six m1- acts of 9th Jan.
lions of dollars, laid in that year, or• Under the act passed the fifth day of March,
8ac, and1818,"
5t
March, one thousand eight hundred and sixteen, so far as the same extended three
regards the direct tax of three millions of dollars, laid in that year, and years.
Act of Jan.
purchased on behalf of the United States, be extended three years 9, 1815, ch. 21.
beyond the time heretofore allowed: Provided,That such extension of Act of March
time shall not be beyond the first of June, one thousand eight hundred 5,1816, oh. 24.
and twenty-one, and that on such redemption interest be paid at the
Prviso.
rate of twenty per centum per annum, on. the taxes aforesaid, and addi-
tions of twenty percenum chargeable thereon; and the right to redeem Rights to re-
shall enure as well to persons holding an equitable or reversionary inte- deemreversion-
and equitable
rest in lands so purchased on behalf of the United. States, as to the origi- ary interests.
nal owners thereof.
SEc. -. And be itfurther etacted, That where any person or persons, Where the
who his or have purchased lands or tenements sold for the non-payment collector
dead or has
is
•
of the direct tax, shall be entitled to have a deed for tAe same, but, from been removed,
the death or removal of the collector, or from any other cause, there is on district to
the petition
no officer who, by the- existing laws, i$ authorized to make a deed, it judge, he is re-
shall be -lawful for such person or persons to apply, by petition, to the quired to di-
district judge of the district in which suich lands or tenements are situate, rect the marshal'
setting forth the circumstances of the case, and upon due proof being Sc.akeadeed,
made, to the satisfaction of such judge, that such person or persons, is or
are a purchaser, oi purchasers as aforesaid, and has or have fully complied
with all the conditions of sale, and is or are entitled to have a deed, and
that there is no officer who, by the existing laws, is authorized to make
such deed, it shall be lawful for such judge, and he is hereby authorized
and required, to order and direct the marshal of the district. to make-a
deed to the purchaser or purchasers, which deed, being acknowledged in
open court, and entered of record, shall have the same effect as if it had
been made by the collector or other officer authorized by the laws here-
tofore or now in force.
STATUTE L.
CHAP. LXXXIX.-4An Ad authorizingthe sale of thirteen sections of land,lying May 11, 1820.
within the land district of Canton, in the state of Ohio.
Be it enacted by the Senate and Houseof Representatives of te United,trictLandofin Canton,
the dis-
States of America, in Congress assembled, That the thirteen sections of reserved by act
land lying within the land distriet'of Canton, in the state of Ohio, which of March 33,
were reserved for the use of certain persons of the Delawate tribe of 18137, sub-
and coed-
aequently
Indians, by an act of Congress, passed on -the third day of March, one e; 8e. to ,(-
thousand eight hundred and seven, and were subsequently ceded to the offered fr sale

SIXTEENTH CONGRESS. Sss. L Cn. 92,93. 4820.
at Woostei\ &c. United [States] by the eighteenth article of the treaty concluded on the
Act of March
3, 1807, ch. 49,
twenty-ninth day of September, one thousand eight hundred and seven-
see. 2. teen, shall be offered to public sale, by the register and receiver of the
public moneys at the land office at Wooster, on such day, or days, as the
President shall designate for that purpose, in the same manner, and on
the same conditions and terms, as are provided by law for the sale of the
public lands of the United States.
STATUTE I.
May 11, 1820. CHAP. XCII.-An Set to amend the act, entitled "S.n act to provide for the
psublieation of the laws &fthe United States, and for other purposes."
Act of. April Be it enacted by the Senate and House of Representativesof the United
20,1818, ch.80.
The Secreta- States of America, in Congress assembled, That the Secretary of State
ry of State to shall, as soon as conveniently may be, after he shall receive any order,
cause orders, resolution, or law, passed by Congress, except such orders, resolutions,
resolutions, and
laws, except and laws, as are of a private nature, cause the same to be published in a
those ofa pri- number of public newspapers, not exceeding one-in the District of Co-
vate nature, to lumbia, andin not more than three newspapers in each of the several states
be published.
And public and territories of the United States. And he shall also cause to be'pub-
treaties. lished, in like manner, in the said newspapers, all public treaties entered
Indian tiea- into and ratified by the United States, except Indian treaties, which shall
ties only, in
states, &c. to be published only in one newspaper, and that to be within the limits of
which they re- the state, or territory, to which the subject matter of such treaty shall
late. belong.
First section of SEc. 2. And be it further enacted, That the first section of the act,
the act of 20th entitled "An act to provide for the publication of the laws of the United
April, 1818, ch.
80, repealed. States, and for other purposes," approved the twentieth of April, one
thousand eight hundred and eighteen, be, and the same is hereby,repeal-
Proviso. ed: Provided, That such repeal shall not be construed to prevent the
payment of any compensation that may be due for the publication of the
laws, previous to the promulgation of this act.
STATUTE I
May 11, 1820. CHAP. XCIII.-Sn act to alter the times of the session of the circuit and district
Post, p.
6 11
.
courts in the Districtof Columbia.
Session of Be it enacted by the Senate and House of Representativesof the United
circuit court. States of America, in Congress assembled, That from and after the first
For Washing-
day of January next, instead of the times now provided by law, for the
ton county, 1st session of the circuit court in the District of Columbia, the same shall
Monday in Oct. be holden at the times and places following, that is to say: At Wash,
and 2d Monday ington, in and for the county of Washington, on the first Monday in
in April.
For Alexan- October, and on the second Monday in April, in every year: And in
dria, 1st Mon- Alexandria, in and for the county of Alexandria, on the first Mondays
days in Nov. and in November and May, in every year.
May.
District court SEc. 2. And be it further enacted, That from and after the first day
to be held on of July next, instead of the times now provided by law for the session
the first Mon- of the district court for the District of Columbia, the same shall be holden
days of Dee.
and June. on the first Mondays in Decerxber and June in every year.
.APPROVED, May 11, 1820.

SIXTEENTH CONGRESS. Sfts. I. Cia. 94,97,99.- 1820.
STATTE I
CHAP. XCIV.--.n Jct to annex certain lands within the territry of Michigan May 11, 1820.
to the district of Detroit.
Be it enacted by the Senate and House of Representatives of the United Public lands,
States of America, in Congress assembled, That all the public lands of the to which the In-
'lian title was
United States within the territory of Michigan, to which the Indian title extinguished by
was extinguished by the treaty held and concluded at Saguina, in the the treaty of Sa-
guina, at-
said territory, on the twenty-fourth day of September, in the year one tached to the
thousand eight hundred and nineteen, shall be, and hereby are, attached district of De-
to, and made part of, the district of Detroit, in the said territory. troit.
SEc. 2. And be it farther enacted, That the lands aforesaid, to which The lands not
reserved or ap-
the Indian title has been extinguished, and which have not been reserved propriated, to
or appropriated by existing laws or treaties, shall be surveyed, and offer- be surveyed and
ed for sale, under the direction of the President of the United States, in offered for sale,
&c.
the same manner, with the same reservations and exceptions, and upon
the same terms and conditions iti every respect, both at public and pri-
vate sale, as are or may be provided by law, for the disposal of the other
piublic lands within the said district.
STATUTE 1.
CHAP. XCVII.-n Act to establish an uniform mode of discipline and field May 12, 1820.
exercises for the militia of the United Mtates. Act ofMarch
2, 1821, ch. 13,
Be it enacted by the Senate and House of Representativesof the United sec. 14.
States of America, in Congress assembled, That the system of discipline The system
of discipline
and field exercise which is and shall be ordered to be observed by the and field exer-
regular army of the United States, in the different corps of infantry, artil- cise observed
lery, and riflemen, shall also be observed by the militia, in the exercises by the regular
army to be ob-
and discipline of the said corps, respectively, throughout the United served by the
States. militia.
SEc. 2. And be it further enacted, That so much of the act of Con- The Baron do
gress, approved the eighth of May, one thousand. seven hundred and Steuben's rules
and discipline.
ninety-two, as approves and establishes the rules and discipline of the Act of May 8,
Baron de Steuben, and requires them to be observed by the militia 1792, ch. 33,
sec. 7.
throughout the United States, be, and the same is hereby, repealed.
STATUTE -I.
CHAP. XCX..dn dt to alter and establish certainpost-roads. -May 13, 1820.
Be it-enactedby the Senate and House of Representativesof the United Post-roads
States of America, in Congress assembled, That the following post-roads discontinued,
be, and the same are hereby, discontinued, that is to say:
From Lilly Point to Halcyonville, in Virginia.
From Dublin to Jacksonville, in Georgia.
From Westport to Brunerstown, in Kentucky.
From Whitfield to Jefferson; in Maine.
From Clickasaw Agency to St. Stephens, in Mississippi.
From Choctaw Agency to Monticello; and from Natchez to Lake
Pontchartrain, in the same state.
From Rhea Courthouse, Tennessee, to Fort Jackson, in Alabama.
From Haysville to Oxford, in North Carolina.
From Walterborough to Barnwell Courthouse, in South Carolina.
From St. Charles, by Montgomery Courthouse, to Howard Courthouse.
From Franklin, Howard county, to Chariton.
From St. Charles, by Murphey's,'in St. John's settlement, to Howard
Courthouse, in the Missouri territory.
From Vassalborongh to Harlem, in Maine.
VoL.. Il.-73 3C

.578 SIXTEENTH CONGRESS., SE.ss A C .%' 182).
Post-rads From Alna to Parlermo.
discontnued. From Dunstable to Piscataguog bridge, in New Hampshire.
From Cahaba to St. Stephens.
Post-roads SEC. 2. And be it further enacted, That the following be established
established, post-roads, that is to say:
New Hamp- In New Hampshire.-FromAmherst, by Lyndborough, and Greenfield,
shire, to Hancock.
That the post-road from Keene to Richmond pass by Winchester.
From Keene, by Surry, Drew'ville, and Langdon, to Charlestown.
From Dunstable, through Merrimack, by Bedford Meeting-house and
Piscataguog bridge, to Isle Hookset.
Vermont. In Vtrmont.-From Danville to Montpelier, by Cabot, Marshfield, and
Plainfield.
From Vergennes, by Panton, to Westport, in the state of New York.
From Stockbridge to Randolph.
Maine. In Maihe.-From Alna, by East Pittston, to Whitfield
From Alna to Gardiner.
From Sedgwick to Deer Island.
From Ellsworth, by Jordon's River School-house, in Trenton, to the
towns of Eden and Mount Desert.
From Waldoborough, by Union, Hope, Searsmont, and Belmont, to
Belfast.
From Gardiner, by Pittston, Whitfield, Malta, and Jefferson, to Waldo-
borough.
From New Portland, by Kingfield, to Freeman.
From Hallowell, by'Malta, to Harlem.
Masmachu- In .ilassachsetts.-From Springfield, by Wilbraham, to Stafford
Bette. Springs, in Connecticut.
From Sandwick, by Coatuit village, in West Barnstable, Thomas D.
Scudder's, Yarmouth, and Dennis, to Harwick, on the south side of Cape
Cod.
From Gloucester, by Essex, to Ipswich.
From Hanover, by Hanson, to East Bridgewater.
From Northfield, by Vernon, to Brattleboroftgh, in Vermont.
From Salisbury to Amesbury.
From Taunton, by Raynham, to East Bridgewater.
Connecticat. In Connecticut.-From Derby, by Huntington, to Newtown.
From Woodbury, by Roxbury, to Warren.
From Hartford, by East Windsor, Ellington, Somers, Wilbraham, and
Ludlow, to Belchertown, in Massachusetts.
From Ne, Haven, by Oxford, Southbury, Woodbury, and Washing-
ton, to Warren.
From Norwick to Colchester.
New York. In New York.-From Batavia to Ridgeway.
From Windham, by Roxbury, to Stamford.
From Hopkinton to Keene.
From Mount Hope to Bloomingsburg.
From Moscow, by York, Caledonia, and Scottville, to Rochester.
From Dover to Sharon, in Connecticut.
From Porter, by Twelve Mile creek, to Eighteen Mile creek.
From Skeneatelas, on the east side of Skeneatelas lake, by Spafford,
and Scott, to Courtland village.
From Luzerne, by Edinburg to Galway.
From Newton, by Catharine, and Cayuta, to Ithica.
From Bath, by Upper Addison, Troupsburgh, Deerfield, and Elkland,
to Batchelorville, in Pennsylvania.
From Constantia, by Cicero, and Salina, to Onondago.
From Reading to Dresden, on Seneca lake, thence, along the lake, by
Benton, to Geneva.

SIXTEENTH CONGRESS. Szss. I. CH. 99. 1820. 579
From Goshen, by Scotchtown, to Bloomingsburgh. Post-roeads

From Poughkeepsie, by New Paltz, and Bruynville, to Bloomings- established.
burgh.
From Sullivan, by Cazenovia, and Woodstock, to De Ruyter.
In Pennsylvania.-Thatthe post route froln Philadelphia to Athens, Pennsylvania.
pass by Romig's Ferry, and the mouth of Durham creek, to Easton.
From Bedford to Somerset.
From Harrisburg, by Corbert's Mills, Jonestown, and Rohrersburg, to
Hamburg.
From Catawissee, by Mifflinburg, to Nescopeck.
From I~verpool, by Mount Pleasant Mills, Freeburg, Middleburg, and
New Berlin, to Miflinburg.
From Reading, by Morgantown, to Downington.
From Emaus to MilLerstown.
From White Horse, by Berlin, Connelsville, Middletown, Merritts-
town, Jefferson, Waynesburg, and Morrisvile, to Grav,; Creek Flatts, in
Virginia.
From Stroudsburg to Orwigsburg.
From New Hope, by Lumberville, and Erwinna, to Romig's Ferry,
near the mouth of Durham Creek.
From Kutztown, by Martztown, New Goshenhoppen, Seemanytown,
Joseph Williams', and Centre Square, to White Marsh.
In Maryland.--From Chesapeake, by Port Deposite, to Conewingo. Maryland.
From Charlotte Hall, by the Three Notched Road, to Fenwick's
tavern.
From Havre de Grace to Woodlawn.
In Virginia.-From Bath Courthouse, by M'Clintock's, and Antho- vilrnia.
ny's creek, to Lewisburg.
From Staunton, by Greenville, and Faiffield, to Lexington.
Froin Shepherdstown, by Leetown, and Smithfield, to Winchester.
From West Liberty to Wellsburg.
From Lexington, by the Calf Pasture, to Faucett's, in Bath county.
From Timber Ridge, by North river, to Moorfield.
From Petersburg, by Southerland's Tavern, Lombardy, and Dennis's
Tavern, to Jenning's Old Ordinary.
I North Carolina.-FromWilliamsborough, by Lynnsville, to Clarks. North Caro-
ville, in Virginia. lina.
From Fayetteville, by Waynesbarough, to Stantonburg.
From Wadesborough, by Edward Winfield's, Culpepper's store, Jacob
Austin's, Charles T. Alexander's, and Maxwell's store, to Charlotte.
From Charlotte, by Azrai Cockburn's, and William Taylor's, to Wades-
borough.
From Newbern, by Streets' Bridge, Croom's Ferry, Hookerstown,
Snowhill, and Stantonburgh, to Smithfield.
From Lawrenceville, by M'Neill's store, and Nich9las Nail's, to Pitts-
borough.
From Pittsborough, by D. Moffitt's, to Lawrenceville.
From Oxford, by Cannon and Young's store, to Clarksville, in Vir-
ginia.
From Danville, by William Rawling's, and Troublesome Iron Works,
to Salem.
From Haysville, by Hawkins' Mills, and Chalk Level, to Williamsbo-
rough.
In South Carolina.-From Columbia, by Richard Harrison's store, to south Caro.
Bechamsville. linab
From Georgetown, by Black river, Bull creek, and Pee Dee Ferries,
to Conwayborough.
From Conwayborough, by Little river, and Smithville, to Wilmington,
in North Carolina.

580 SIXTEENTH CONGRESS. SEss. L Cn. 99. 1820.
Post-roads From Chester Courthouse, by Cedar Shoals, and M'Donald's Ferry, to
established. Lancaster Courthouse.
From John Thompson, junr's, by Richard Howard's, to Godfrey's
Ferry, on Big Pee Dee river, or near the same.
That the mail from Lumberton, to Marion Courthouse, pass by the
most eligible route, omitting Barfield's if necessary.
Georgia. In Georgia.-From Hartford, by Jacksonville, to Perry's Mills, in
Tatnal county.
That the mail route from Augusta to Savannah shall pass by Waynes-
borough.
From Powelton, by Mount Zion and Eatonton, to Monticello.
Ohio. In Ohio.-From Coshocton to Wooster.
From Neville to Bethel.
That the mail from Marietta to Woodfield, go by Regnier's Mills, in
the town of Aurelius.
From Feestown, by Bethel, Williamsburg, Lebanon, and Ridgeville, to
Dayton.
Fro i Lebanon, by Springsborough and Ridgeville, to Xenia.
From West Union, by Decatur, Ripley, Bridgewater, Bethel, and New-
town, to Cincinnati.
From Greenville to Winchester, in Indiana.
From Irville to Mount Vernon.
From Piketon, by Robert Bennett's and Asa Boynton'g, to Burlington,
on the north side of the Ohio river.
From Norwalk, in the county of Huron, to Lower Sandusky, in the
state of Ohio.
Kentucky. In Kentucky.-From Falmouth, by Theobald's, to Fredericksburg.
From Whitley Courthouse, by Col. Ross's, to Monticello.
That the post-road from Mount Sterling to Prestonburg, pass by the
Olympian Springs, and Beaver Iron Works, in Bath county.
That the post-road from the Great Crossings to the mouth of Cedar,
pass by Hesslersville, in Owen county.
From Richmond to Estill Courthouse.
From Smithland, by America, in Illinois, to Cypress, in Kentucky.
From Richmond, by Big Hill, to Hazle Patch.
From Estill Courthouse, to Patrick's Salt Works, on the north fork of
Kentucky river.
From Newcastle, by Westport, and Bethlehem, to Charlestown in
Indiana.
From Stamping Grounds to Heslersville.
From Frankford, by Heslersville, to Port William.
From Shelbyville to New Castle.
Tennessee. In Tennessee.-From Knoxville, by Morgan Courthouse, to Overton
Courthouse.
From Morgantown, by Pumpkintown, by the town of Calhoun, to
Ross's, on the south side of Tennessee river.
From Murfreesborough to Shelbyville.
From Carthage, by Lancaster, and Harmony Grove, to Statesville.
From Kingston, by William White's on Popular Creek, to Clinton.
From Monroe, by Gainesborough, Wiliamsburg, and Beech Hill, to
Carthage.
From Reynoldsburg to the Lower Chickasaw Bluffs.
From Nashville, by Harpeth, and New Hope, to Fayetteville.
From Greenville to Greenville College, in the county of Greene.
From Sparta, by Allen's Ferry, and Liberty, to Statesville.
From Chickasaw Lower Bluff to the posNt-f Arkansas.
Indiana. In Indiana.-From Palestine, by Hindostan, to P6rtersville.
From Madison to Versailles.
From Lawrenceburg, by Aurora, Hanover, and"Rising Sun to Vevay.

SIXTEENTH CONGRESS. Sss. I. Cn. 101. 1820.
In Iflinois.-From Kaskaskias, by the Irish Settlement, Covington, llinois.

Carlisle, and Perrysville, to Vandalia.
From Illinois Saline, in Gallatin, to Golconda.
From York by Aurora, by Terre Haute.
From Montgomery, by Brownsville, and Gill's Ferry, to Jackson, in
Missouri territory.
The mail from Cape Girardeau to Salem, Kentucky, shall pass by
America.
From Carmi, by Mount Vernon, to Carlisle.
From Carmi to Wayne Courthouse and Jefferson Courthouse.
From Palmyra, by Wayne Courthouse, Jefferson Courthouse, and Cov-
ington, to Belleville.
From America to Jonesborough.
In MWssissippi.-From Natchez, by Franklin, Monticello, Covington, Mississippi.
Wayne, and Winchester, to Fort St. Stephens.
From Fordsville to Shieldsborough.
In Alabama.-From Tuscaloosa, by Marion County Courthouse, to Alabama.
Columbus.
.Prom Burnt Corn Spring, by Conecuh Courthouse, to Fort Craw-
ford.
From Huntsville, by Jackson Courthouse, and Lawrie's Ferry, to Ross's
.and Washington, in Tennessee.
From Cahawba, by Portland, Canton, Prairie Bluff, Black's Bluff, and
Foster's, to Fort Claiborne.
From Mooresville, by Milton's Bluff, Courtland, Bainbridge, and Big
Spring, to Russellville, in Franklin county.
From Cahawba, by Joseph Britton's, Old Town, Falls of Cahawba,
King and Smith's store, Shelby Courthouse, David M'Laughlin's, St.
Clair Courthouse, Vincent Bennett's, the Cherokee Nation, by Ross's
and Jamaes Patterson's, to Washington, in Tennessee.
From the town of Cahawba to the Falls of Cahawba, and to
Tuscaloosa.
From Courtland to Moulton.
From St. Clair Courthouse to Carolsville.
In the Missouri Territory.-From New Madrid to Point Pleasant. Missouri.
From Louisiana, by Hannibal, to Palmyra.
From Louisiana to New London.
That the post-road from Cape Girardeau to Winchester pass by Edward
Tanner's.
From St. Charles, by Marthasville, Montgomery Courthouse, Loutre
Island, Cote Sans Dessein, Nashville, Smithton, John Grayum's, Franklin,
Spanish Needle Prairie, Chareton, William W. Monroe's, Grand River,
Bloomfield, Missouriton, and Bluffton, to Fort Osage.
From Fort Osage, by Mount Vernon, Tabbo, Little Osage Bottom,
and Jefferson, to Chareton.
In Michigan Territory.-From Detroit, by Pontiac, to Mount Cle- Michigan.
mens.
CaP. CI.-.An .actfixing the time for the ne=1 meeting of C-ongress. May 13, 1820.
Be it enacted by the Senate and House of Representatives of the United The next
States of America, in Congress assembled, That after the adjournment meeting of
of the present session, the next meeting of Congress shall be on the Congress
on the 2d to be
Mon-
second Monday of November next. day of Nov.,
APPROVED, May 13, 1820. 1820.
3c2

82 SIXTEENTH CONGRBSS. SEss. I. C. 102, 103. -M0.
STATUTE I.
May 15, 1820. CHAP. CII.--.s Sat to limit the term of office of certain officers therein named,
and for other purposes.
District at- Be it enacted by the Senate and House of Representatives of the, United
torneys,
tosof
ollec- ,States of America, in Congress assembled,That from and after the passing
customs,
naval officers, of this act, all
district attorneys, collectors of the customs, naval officers
for ap- and surveyors
&c.foited
to be of the customs, navy agents, receivers of. public moneys
years, re- for lands, registers of the land offices, paymasters in the army, the apo-
urn
movableatplea- thecary general, the assistant apothecaries general, and the commissary
sure. general of purchases, to be appointed under the laws of the United
States, shall be appointed for the term of four years, but shall be re-
movable from office at pleasure.
Commissions SEC. 2. And be it further enacted, That the commission of each and
of oficers,when every of the officers named in the first section of this act, now in office,
to cease. unless vacated by removal from office, or otherwise, shall cease, and ex-
If dated be- pire in the manner following: All such commissions, bearing date on or
fore Sept. 30, before the thirtieth day of September, one thousand eight, hundred and
1814, at their fourteen, shall cease and expire on the day and month of their respective
dates ensuing
Sept. 30, 1820. dates, which shall next ensue after the thirtieth day of September next;
If after 30th all such commissions, bearing date after the said thirtieth day of Septem-
Sept. 1814,
before and ber, in the year one thousand eight hundred and fourteen, and before the
1st Oct.,
1816, at their- first day of October, one thousand eight hundred and
sixteen, shall cease
aates ensuing and expire on the day and month of their respective dates, which sll
30th Sept.,1821. next ensue after the thirtieth day of September, one thousand eight hun-
All others, dred and twenty-one. And all other such commissions:shall cease and
four years from
their dates. expire at the expiration of the term of four years from their respective
dates.
The President SEC. 3. And be it further enacted, That it shall be lawful for the Pre-
authorized, sident of the United States, and he is hereby authorized, from time to time
from time to
time, to regu- as in his opinion the interest of the United States may require, to regulate
late and in- and increase the sums for which the bonds required, or which may be re.
crease the sums quired by the laws of the United States, to be given by the said officers, and
in bonds re-
ouired. by all other officers employed in the disbursement of the public moneys
under the direction of the War or Navy Departments, shall be given;
and all bonds given in conformity with such regulations shall be as valid
and effectual, to all intents and purposes, as if given for the sums respec-
tively mentioned in the laws requiring the same.
Commissions SEC. 4. And be it further enacted, That the commissions of all offi-
of officers em- mployed
ployed in col- cers emd in levying or collecting the public revenue shall be made
efcting re- out and recorded in the Treasury Department, and the seal of the said
venue recorded department affixed thereto; any law to the contrary notwithstanding:
at the Treasury Provided,That the said seal shall not be affixed to any such commission
Department.
Proviso. before the same shall have been signed by the President of the United
States.
STATUTE I.
May 15, 1820. CHAP. CM.---n .tet to authorize the PresidentV the United States to borrow a
sum not-nceeding three millions of dollars.
The'President
empowered to Be it enacted by the Senate andHouse of Representativesof the United
borrow States of America, in Congress assembled, That the President of the
3,000,000 dol- United States be, and he is 'hereby, empowered to borrow, on. the credit
lars on the
credit of the of the United States, a sum not exceeding three millions of dollars, at a
United States., rate of interest, payable quarter yeaxly, not exceeding five per centum
per annum, and reimbursable at the will of the government, at any time
after the first day of January, one thousand eight hundred and thirty-two:
Rates of in- or at a rate of interest, payable in like manner, not exceeding six per
terest. centurn per annum, and reimbursable at the pleasure of the United States;

SIXTEENTH CONGRESS Sss. L Ca. 104. 1820. 583
to be applied, in addition to the moneys now in the treasury, or whidh
may be received therein from other sources, during the present year, to
defray any of the public expenses, which are, or may be authorized, by
law. The stock thereby created shall be transferable in the same man- Stock trans-
ner as is provided by law for the transfer of the public debt. ferable.
SEC. 2. And be it further enacted, That it shall be lawful for the Bank The bank of
of the United States to lend the said sum, or any part thereof; and it the United
is hereby further declared, that it shall be deemed a good execution of the States may lend
the money.
said power to borrow, for the Secretary of the Treasury, with the appro The Secretary
bation of the President of the United States, to cause to be constituted of the Treasury
certificates of stock, signed by the register of the treasury; or by a cc m- may cause cer-
missioner of loans, for the sum to be borrowed, or for any part thereof tificate of stoki
bearing an interest of five per centum per annum, transferrable and reim- tuted at 5 per,
bursable as aforesaid, and to cause the said certificates of stock to be cen.
sold: Provided,That no stock be sold under par.
SEC. 3. And be it further enacted, That the Secretary of the Treasury Secretary of
be, and he is hereby, authorized, with the approbation of the President the Treasury
6f the United States, to employ an agent or agents, for the purpose of oh- may employ an
taining subscriptions to the loan authorized by this act, or of selling any agent, &O.
part of the stock to be created by virtue thereof. A commission, not ex-
ceeding one eighth of one per cent, on the amount thus sold, or for One eighth of
which subscriptions shall have been thus obtained, may, by the Secre- one per cent. to
tary of the Treasury, be allowed to such agent-or agents; and a sum not the agent.
exceeding four thousand dollars, to be paid out of any moneys in the 4000 dollars
treasury, not otherwise appropriated, is hereby appropriated for that ob- appropriated
jeer, and also for -defraying the expenses of printing, and issuing the sub- for the expenses
scription certificates, and certificates of stock, and other expenses inci-
dent to the due execution of.this act.
SEC. 4. And be it furthier enacted, That so much of the funds consti- So much of
the annual ap-
tuting the annual appropriation of ten millions of dollars, for the payment propriatin of
of the principal and interest, of the public debt of the United States, as i0,000,00o dol-
may be sufficient for that purpose, after satisfying the sums necessary lars as may be
for the payment of the interest, and of such part'of the principal, of the propriated ap-
sufficient, for
said debt, -as the United States are now pledged annually to pay or reim- redemption -or
burse, is hereby pledged and appropriated for the payment of the interest, stock, and in-
and for the reimbursement of the principal, of the stock which may be terest, of this
loan.
created by virtue of this act. It shall, accordingly, be the duty of the
commissioners of the sinking fund to cause to be applied and paid, out of Commissioners
the said fund, yearly, such sum and sums as may annually be necessary of the sinking
to discharge the 'interest accruing on the said stock, and to reimburse fund to apply
the sums neces-
the principal, as the same may become due, and may be discharged, in sary out of the
conformity with the terms of the loan. And they are further authorized fund, &c.
to apply, from time to time, such sum or sums, out of the said fund, as
they may think proper, towards discharging, by purchase, and at a price, And to pur-
'not above par, the principal of the said stock, or any part thereof. And chase at a price
not above par,
the faith of the United States is hereBy pledged to establish sufficieit re- &c.
venues for making up any deficiency that may hereafter take place in the
funds hereby appropriated for paying the said interest, and principal
sums, or any of them, in manner aforesaid.
STATUTE .
Can. CIV.-n Set to incorporatethe inhabitantsof the city of Washington,and May 15, 1820.
to repeal all acts heretoorepassedfor thatpurpose.(a)
Be it enacted by the Senate and House of Representativesof the United ofFormer acts
incorporation
States of America, in Congressassembled, That the act, entitled "An act &c. inconsistent
(a) Parts of this act are repealed by the act of May 26, 1824, ch. 195.

584 SIXTEENTH CONGRESS. Szss. I. CH. 104. 1820.
with this act re- to' incorporate the inhabitants of the city of Washington, in the District
pealed.
Act of May of Columbia," and the act supplementary to the same, passed on the
3, 180,2, cb. 53. twenty-fourthofFebruary, in the year one thousand eight hundred and
Act of Feb. four, and the act, entitled "An act further to amend the charter of the
24,1804; cb 14. city of Washington," and all other acts, or parts of acts, inconsistent with
May 4, 1812,
ch. 75. the proVisions of this act, be, and the same are hereby, repealed: Pro-
Proviso. videdilwwever, That the mayor, the members of the board of aldermen,
Mayor and
aldermen to and the members of the board of common council, of the corporation of
continue, the said city, shall.and may remain and continue as such, for and during
the terms for which they have been respectively appointed, subject to the
terms and conditions in.such cases legally, made and -provided; and
And their all acts or things done,- or which may be done, by them in pursuance of
acts, not ineon- the provisions, or by virtue of the authority, of the said acts, or either of
sistettwith this them, and not inconsistent with the provisions of this act, shall be valid,
act, tobe valid.and of as full force and effect as if the said acts had not
been repealed.
Inhabitants of SEc. 2. And be it further enacted, That the inhabitants of the city of
Washington to Washington shall continue to be a body politic and corporate, by the
continue to be name of the "Mayor, board of aldermen,and board of common council, of
a body politic
and corporate. the city of Washington," to be elected by ballot, as hereinafter directed,
and, by their corporate name, may sue and be sued, implead and be im-
pleaded, grant, receive, and do all other acts, as natural persons; and may
purchase and hold real, personal, and mixed, property, or dispose of the
A cityseal, same, for the benefit of the city; and may have and use a city seal, and
&c. break and alter the same at pleasure.
Election of SEc. 3. And be itfurtlhrenacted, That the mayor of the said city shall be
mayor, on the elected on the first Monday in June next, and on the same day in every
first Monday of
June every second year thereafter, at the same time and place, in the same manner,
second year, and by the persons qualified to vote for members of the board of alder-
after June, 1820. men and the board of common council. That the commissioners herein-
Certificates of
the result of after mentioned shall make out duplicate certificates of the result of the
theolection,&c. election of mayor; and shall return one to the board of aldermen and the
other to the board of common council, on the Monday next ensuing the
election; and the pershn having the greatest number of votes shall be
In case of an the mayor : but in case two or more persons, highest in vote, shall have
equal number
of votes for an equal number of votes, then it shall be lawful for the board of alder-
mayor, the men and the board of common council to proceed forthwith, by ballot,
boards to de- in joint meeting, to determine the choice between such persons. The
termine.
Mayor to take mayor shall, on the Monday next ensuing his election, before he enters
an oath, before on the duties of his office, in the presence of the boards of aldermen and
a justice of the common council, in joint meeting, take an oath, to be administered by a
peace. justice of the peace, "lawfully to execute the duties of his office, to the
best of his skill and judgment, without favour or partiality." He shall,
Powers and ex officio, have and exercise all the powers, authority, and jurisdiction, of
duties of the
mayor. a justice of the peace for the county of Washington, within the said
county. He shall nominate, and with the consent of the board of al-
dermen, appoint to all offices under the corporation, (except commis-
sioners of election,) and may remove any such officer from office at his
will and pleasure. He shall appoint persons to fill up all vacancies which
may occur during the recess of the board of aldermen, to hold such ap-
pointments until the end of the then ensuing session. He may convene
the two boards when, in his opinion, the public good may require it; and
he shall lay before them, from time to time, in writing, such alterations
in the laws of the corporation as he may deem necessary and proper; and
Compensation lie shall receive, for his services, annually, a just and reasonable com-
of the mayor to pensation, to be allowed and fixed by the two boards, which shall neither
be fixed, be increased nor diminished during his continuance in office. Any per-
Qualifications son shall be eligible to the office of mayor who is a free white male citi-
necessary for zen of the United States, who shall have attained to the age of thirty
mayor. years, who shall have resided in the said city for two years immediately pre-

SIXTEENTH CONGRESS. SEss. t CH, 104. 1820.
ceding his election, and who shall be the bona fide owner of a freehold
estate in the said city; and no other person shall be eligible to the said
office. In case of the refusal of any person to accept the office of may- In case of re-
or, upon his election thereto, or of his death, resignation, inability, or tl ehdards
death, &c.
removal from the city, the said boards shall assemble and elect another in elect anotherto
his place, to serve for the remainder of the term, or during such inability, mayor.
SEC. 4. And be it further enacted, That the board of aldermen shall Board of al-
consist of two members to be residents in, and chosen from, each ward, dermen to con-
by the qualified voters therein, and to be elected for two years, from the aist of two
members from
Monday next ensuing their election: and the board of common council each ward, to
shall consist of three members, to be residents in, and chosen from, be elected for
each ward, by the qualified voters therein, and to be elected for one two years, &c.
and hoard of
year, from the Monday next ensuing their election; and each board common coun-
shall meet at the council chamber, on'the second Monday in June next, cil of three
for the despatch of business, at ten o'clock in the morning, and at the members from
each ward, for
same hour on the second Monday in June, in every year thereafter; and one year, &c.
at such other times as the two boards may, by law, direct. A majority Meetings of
of each board shall be necessary to form a quorum to do business, but a the boards.
less number may adjourn from day to day; they may compel the attend- Organization,
ance of absent members, in such manner, and under such penalties, and proceedings,
allow such compensation for• the attendance of the members, as they tion of
and the
co'pnsa-
may, by law, provide; each board shall appoint its own President, who boards.
shall preside during its sessions, and who shall be entitled to vote on all
questions; they shall settle their rules of proceedings, appoint their
own officers, regulate their respective compensations, and remove them
at pleasure; and may, with the concurrence of threb-fourths of the
whole, expel any member for disorderly behaviour or malconduct in
office, but not a second time for the same offence; each board' shall
keep a journal of its proceedings, and the yeas and nays shall be
entered thereon, at the request of any member; and their deliberations
shall be public. All ordinances or acts, passed by the two boards, shall Ordinances,
be sent to the mayor for his approbation, and, when approved by him, &c. to be sent
shall be obligatory as such. But, if the mayor shall not approve of any for the
tr mayor
approbation.
ordinance or act, so sent to him, he shall return the same, within five Ifahedoesnot
days, with his reasons in writing therefor; and if two thirds of both approve, &Q.
boards, on reconsideration thereof; agree to pass the same, it shall be in
force, in like manner as if he had approved it; but, if the two boards
shall, by their adjournment, prevent its return, the same shall not be
obligatory.
SEC. 5. And be itfurther enacted, That no person shall be eligible ofQualifications
the members
to a seat in the board of aldermen, or board of common council, unless of the board of
he shall be more than twenty-five years of age, a free white male citizen aldermen and
of the United States, and shall have been a resident of the city of Wash- board of com-
ington for one year next preceding the day of election, and shall, at the mon council.
time of his election, be a resident of the ward for which he shall be
elected, and be then the bona fide owner of a freehold estate in the said
city, and shall have been assessed on the books of the corporation, for
the year ending on the thirty-first day of December next preceding the
day of election. And every free white male citizen of the United States, Qualifications
of lawful age, who shall have resided in the city of Washington for one for voters.
year next preceding the day of election, and shall be a resident of the
ward in which he shall offer to vote, and who shall have been assessed on
the b.-oks of the corporation, for the year ending on the thirty-first day
of December next preceding the day of election, and who shall have
paid all taxes legally assessed and due on personal property, when legally
required to pay the same, and no other person shall be entitled to vote at
any election for members of the two boards. And it shall be the duty of City register
the register of the city, or such officer as the corporation may hereafter to furnish corn-
direct, to furnish the commissioners of election in each ward, previous to
VOL. II.-74

586 SIXTEENTH CONGRESS. SEss. L Cu*.404. 1820.
missioners of' opehing the polls at every election, a list of the personshaving a right to
election with a e letion, personscton
list of persons vote, agreeably to the provisions of this section.
having a right Sue. 6. And be it further enacted, That an election for members of the
to vote. board of aldermen and board 6f common council shall be held on the first
Elections for
members of the Monday of June next, and on the first Monday in June annually there-
two boards. after; and all elections shall be held by three commissioners to be appoint-
Commissioners ed in each ward by the two boards in joint meeting, which appointment
o electin. shall be at least ten days previous to the day of each election. And it
Notice of shall be the duty of the commissioners so appointed, to give at least five
elections. days' previous notice of the place in each ward where such elections
Commissioners are to be held. The said commissioners shall, before they receive any
to take an oath. ballot, severally take an oath or affirmation, to be administered by some
justice of the peace for the county of Washington, "truly and faithfully
-to receive and return the votes of such persons as are by law entitled to
vote for members of the board of aldermen and board of common coun-
cil, in their respective wards, according to the best of their judgment
and understanding; and not knowingly to receive or return the vote
the and of any person who is not legally entitled to the same."
Opening
closing The polls shall
polls be opened at ten o'clock in the morning, and be closed at seven
o'clock in the evening of the same day. Immediately on closing the
Counting the polls, the said commissioners for each ward, or a majority of them, shall
ballots. count the ballots, and make out, under their hands and seals, a correct
Return of return of the persons having the greatest numbers of legal votes for
members, members of the board of aldermen and for members of the board of
common council, respectively, together with the number of votes
given to each person voted for; and the persons having the greatest
number of votes for the two boards, respectively, shall be duly elected ;
In case of and, in all cases of an equality of votes, the commissioners shall decide
equality ot the choice by lot. The said returns shall be delivered to the mayor, on
votes, commis- ecoe
sioners to de- the day succeeding the election, who shall cause the result of the elec-
cide by lot. tion to be published in some newspaper printed in the city of Washing-
Result of
the election to ton; a duplicate return shall, together with a list of the persons who voted
be published, at such election, also to be made, on the day succeeding the election, to
Duplicate re- the register of the city, who shall preserve and record the same; and
turn to the city Shall, within two days thereafter, notify the several persons, so returned,
register.
Members elect of their election. And each board shall judge of the legality of the elec-
to he notified.tions, returns, and qualifications of its own members, and shall supply va-
Each board to cancies in its own body, by causing elections to be held to fill the same,
judge of the le-ow
gality of elec- and appoint commissioners to hold the same, and such commissioners shall
tions, and to give at least five days' public notice of the time and place of holding such
suppy vacan- elections; each of the members of either board, shall, before entering on
cies by new
elections, the duties of his office, take an oath or affirmation, "faithfully to execute
Each mem- the duties of his office, to the best of his knowledge and ability ;" which
ber of the oath or affirmation shall be administered by the mayoi or some justice
board to take
.an oath. of the peace for the county of Washington.
Specific pow- SEc. 7. Andbe it further enacted, That the corporation aforesaid shall
ers of the cor- have fall power and authority to lay and collect taxes upon the real and
poration. personal property within the said city; provided that no tax shall be laid
upon real property, at a gher rate than three quarters of one per centum
on the assessment valuation thereof, except for the special purposes here-
inafter provided; and that no tax shall be laid upon the wearing apparel,
or necessary tools and implements used in carrying on the trade or occu-
pation, of any person; nor shall the same be subject to distress and sale
for any tax; and, after providing for all objects of a general nature, the
taxes raised on the assessable property in each ward shall be expended
therein, and in no other; to establish a board of health, with competent
authority to enforce its regulations, and to establish such other regulations
as may be necessary to prevent the introduction of contagious diseases,
and for the preservation of the health of the city; to prevent and remove

SITEFNTH CONQRESS. "Sss. 1, Ci. 10". 1820.
nuisances; to establish night watches or patols, and erect lamps in the Specific pow-
streets; to preserve the navigation of the Po Omac and Anacostia rivers ers of the cor-
and to poration.
adjoining the city; to erect, repair, and regulate, public wharves,
deepen creeks, docks, and basins; to regulate the manner of erecting,
and the rates of wharfage, at private wharves;. to regulatp the statiponing,
anchorage, and mooring of vessels; to provide for licensing, taxing, and
,regulating, auctions, retailers, ordinaries, -and taverns, hackney carriages,
wagons, carts, and drays, pawn-brokers, .venders of lottery tickets, money-
changers, and hawkers and pedlars; to provide for licensing, taxing, regu-
lating, or restraining, theatrical or public shows. and amusements; to
restrain or prohibit tippling houses, lotteries, and all -kinds of gaming: to
regulate and establish markets; to erect and repair bridges; -to open and
keep in repair streets, avenues, lanes, alleys, drains, and sewers, agreea-
bly to the plan of the city, to supply the city with water; to provide for
the safe-keeping of the standard weights and measures as fixed by Con-
gress, and for the regulation of all weights and measures used in the
city; to regulate the sweeping of chimneys, and fix the rates or fees
therefor; to provide for the prevention and extinguishment of fires; to
regulate the size of bricks to be made or used; "and provide for the in-
spection of lumber and other building materials to be sold in the city; to
regulate, with the approbation of the President of the United States, the
manner of erecting, and the materials to be used in the erection, of houses;
to regulate the inspection of tobacco, flour, butter, and lard, in casks
or boxes, and salted provisions; to regulate the gauging of casks and
liquors; the storeage-of gunpowder,,and all naval and military stores, not
the property of the United States; and the weight and quality of bread;
to impose and appropriate fines, penalties, and forfeitures, for the breach
of their laws or ordinances; and to provide for the appointment of in-
spectors, constables, and such other officers, as may be necessary to exe-
cute the laws of the corporation.
SEc. S. And be it further enacted, That the said corporation shall Further spe-
have full power and authority to lay taxes on particular wards, parts, or ihc powers of
and, upon
sections, of the city, for their particular local improvements;
application of the owners of more than one half of the property upon
any portion of a street, to cause the curb-stones to be set, and the foot-
ways to be paved, on such portion of a street, and to lay a tax on such
property, to the amount of the expense thereof: Provided,That such tax
shall not exceed three dollars per front foot; and, upon a like application
to cause the carriage-way of any portion of a street to.be paved, or lamps
to be erected therein, and light the same, and lay a tax, not exceeding,
the whole expense thereof, in due proportion, on the lots fronting on
such portion of a street; and, also, to impose an addition or interest on
the amounts of any such taxes, not exceeding ienper centum per annum,
when the same shall not have been, paid within thirty days after the same
shall have become due. The said corporation shall also have power and
authority to provide for the establishment and superintendence of public
schools, and to endow the same; to establish and erect hospitals or pest-
houses, watch and work-houses, houses of correction, penitentiary, and
other public buildings, and tn lay and collect taxes for the expenses there-
of; to regulate party or other walls and fences, and to determine by
whom the same shall be kept in repair;: to cause new alleys to be opened
through the squares, and to exttind those already laid out, upon- the appli-
cation of the owners of more than one half the property in such squares:
Provided, That the damages'which may accrue thereby, to any individual Pronso.
or individuals, shall be first ascertained by a jury, to be summoned and Marshal to
impannelled by the marshal of the District of Columbia, (and it ishereby summon a jury
made his duty to summon and impannel the same, in all such cases, upon to ascertain
damages.
application to him in writing by the mayor of the city,) and such dam-

SIXTEENTH CONGRESS. Snss. I. CH. 104. 1820.
Further spe- ages to be paid by the corporation; the amount thereof, and the expenses
cific powers of
the corporation, accruing, shall be levied, in due proportion, upon the individuals whose
property on such squares shall be benefited thereby, and collected as
other taxes are; to occupy and improve, for public purposes, by and with
the consent of the President of the United States, any part of the public
and open spaces and squares in said city, not interfering with any private
rights; to regulate the admeasurement and weight by which all articles
brought into the city for sale shall be disposed of; to provide for the ap-
pointment of appraisers and measurers of builders' work and materials,
and also of wood, coal, grain, and lumber; to restrain and prohibit the
nightly and other disorderly meetings of slaves, free negroes, and mulat-
toes, and to punish such slaves by whipping, not exceeding forty stripes,
or by imprisonment, not exceeding six months, for any one offence;
and to punish such free negroes and mulattoes, by penalties, not exceed-
ing twenty dollars for any one offence; and in case of the inability of
any such free negro or mulatto to pay any such penalty and cost thereon,
to cause him or her to be confined to labour for any time not exceeding
six calendar months; to cause all vagrants, idle or disorderly persons,
all persons of evil life or ill-fame, and all such as have no visible means
of support, or are likely to become chargeable to the corporation as
paupers, or are found begging or drunk in or about the streets, or
loitering in or about tippling houses, ojrwho can show no reasonable
cause of business or employment in the city, and all suspicious persons
who have no fixed place of residence, or who cannot give a good account
of themselves; all evesdroppers and nightwalkers; all who shall be guilty
of open profanity, or grossly indecent language or behaviour publicly in
the streets; all public prostitutes, and such as lead a notoriously lewd or
lascivious course of life, and all such as keep public gaming tables, or
gaming houses, to give security for their good behaviour for a reasonable
time, and to indemnify the city against any charge for their support; and,
in case of their refusal or inability to give such security, to cause them
to be confined to labour until such security shall be given, not exceeding,
however, one year at a pme; but if they shall be found again offending,
the like proceedings may be again had, and from time to time, as often
as may be necessary to enforce the departure of such vagrants and pau-
pers as may come into the city to reside, unless they shall give ample
security that they will not become chargeable on the corporation for their
support; to provide for the binding out. as apprentices of poor orphan
children, and the children of drunkards, vagrants, and paupers; to pre-
scribe the terms and conditions upon which free negroes and mulattoes
Lirhitation of may reside in the city; to authorize, with the approbation of the Presi-
the sum to be dent of the United States, the drawing of lotteries for the erection of
raised by lot- bridges and effecting any important improvements in the city, which the
tery annually, ordinary revenue thereof will not accomplish, for the term of ten years:
Proviso. Provided,that the amount so authorized to be raised in each year shall
not exceed the sum of ten thousand dollars, clear of expenses; to take
care of and regulate burial grounds; to provide for the registering of
births, deaths, and marriages; to punish corporeally any coloured servant
or slave for a breach of any of their laws or ordinances, unless the owner
or holder of such servant or slave shall pay the fine in such cases provi-
General pow- ded; and to pass all laws which shall be deemed necessary and proper
er to pass all for carrying into execution the powers vested by this act irthe said cor-
necessary laws. poration or its officers.
Marshal to SEC. 9. And be it further enacted, That the marshal of the District
keep persons in of Columbia shall receive and safely keep within the jail for the county
jail committed of Washington, at the expense of the said corporation, all persons corn-
under the act, mitted thereto under or by authority of the provisions of this act. And
in all cases where suit shall be brought before a justice of the peace, for

SIXTEENTH CONGRESS. SEss . Cf. 104. 1820. 589
the recovery of any fine or penalty arising or incurred for a breach of Execution for
any law or ordinance of the corporation, execution shall and may be is- city fines.
sued, as in all other cases of small debts.
SEc. 10. And be it further enacted, That real property, whether im- Real property,
the taxes on
proved or unimproved, in the city of Washington, on which two or which have re-
more years' taxes shall have remained due and unpaid, or on which mained unpaid
any special tax, imposed by virtue of authority of the provisions of- for two years,
this act, shall have remained unpaid for two or more years after the may be sold.
same shall have become due, or so mtrch thereof, not less than a lot,
(when the property upon which the tax has accrued is not less than
that quantity,) as may be necessary to pay any such taxes, with all
legal costs and charges arising thereon, may be sold at public sale to
satisfy the corporation therefor: Provided, That public notice be given Proviso.
of the time and place of sale, by advertising once a week in some Ronkendorf
newspaper printed in the city of Washington, for at least six months, v. Taylor, 4
where the property is assessed to persons residing out of the United Peters' Re-
States; for three months, where the property is assessed to persons ports, 340.
residing in the United States, but without the District of Columbia;
and for six weeks, where the property is assesied to persons residing
within the District of Columbia; in which advertisement shall be stated
the number of the lot or lots, (if the square has been divided into
lots,) the number of the square or squares, or other sufficient or definite
description of the property selected for sale, the name of the person or
persons to whom the same may have been assessed, for the respective
years' taxes due thereon, as also the name of the person to whom the
same is assessed, and the aggregate amount of taxes due. The purchaser Purchaser to
or purchasers of any such property shall pay, at the time of such sale, pay the amount
of taxes, &ic.at
the amount of the taxes due on the property so purchased by him, her, or the time of sale:
them, respectively, with the amount of the expenses of sale ; and he, And the resi-
she, or they, shall pay the residue of the purchase money within ten days due in ten days
after two years,
after the expiration of two years from the day of sale, to the collector of a t r
taxes, or other officer of the corporation authorized to receive the same; Amount of
and the amount of such residue shall be placed in the city treasury, residue to be
where it shall remain, subject to the order of the original proprietor or deposited in
the city treasury
proprietors, his, her, or their, legal representatives; and the purchaser or subject tothe
purchasers shall receive a title in fee simple, in and to the lot or lots so order of the
sold and purchased, under the hand of the mayor and seal of the corpo- proprietor, &c.
Title in fee to
ration, which shall be deemed good and valid in law and equity: Provid- the purchaser.
ed nevertheless, That if, within two years from the day of any such sale, Proviso.
or before such purchaser or purchasers shall have paid the residue of the
purchase money as aforesaid, the proprietor or proprietors of any property
which shall have been sold as aforesaid, his, her, or their, heirs, agents,
or legal representatives, shall repay to such purchaser or purchasers the
moneys paid for the taxes, and expenses as aforesaid, together with ten
per centum per annum, as interest thereon, or make a tender thereof, or
shall deposit the same in the hands of the mayor of the city, or other
officer of the corporation appointed to receive the same, for the use of
such purchaser or purchasers, and subject to his, her, or their, heirs, or
legal representatives' order, of which such purchaser, his heirs or legal Netice to pur-
representatives, shall be immediately informed, by notice in some news- chaser in case
paper printed in the city of Washington, or otherwise ; he, she, or they, of redemption.
shall be reinstated in his, her, or their, original right and title, as if no such
sale had been made. And if any such purchaser shall fail to pay the Purchaser
residue of the purchase money as aforesaid, within the time required by failing to pay
residue, to pay
this section, for any property so purchased by him, he shall pay ten per ten per cent.
centum per annum, as interest thereon, and in addition to such residue, per annum, &c.
to be computed from the expiration of the two years as aforesaid, until
the actual payment of such residue, and the receiving of a conveyance
3D

SIXTEENTH CONGRESS. SEss. I. CH. 104. 1829.
from the corporation; and the said interest shall alike be subject to the
order of the original proprietor or proprietors, as the residue of the pur-
Proviso. chase money as aforesaid: Provided, also, That no sale shall be made,
in pursuance of this section, of any improved property whereon there is
A year allow- personal property of sufficient value to pay the said taxes: and that minors,
ed to minors mortgagees, orothers havingequitable interest in real property, which pro-
and mortgagees perty shall be sold for taxes asaforesaid,shall be allowed oneyear after such
and others withpetsa so rasarsaan
equitable inter- minors' coming to, or being of full age, or after such mortgagees, and others
est to redeem, having equitable interests, obtaining possession of, or a decree for the sale
of, such property, to redeem the property so sold from the purchaser or
purchasers, his, her, or their, assigns, on paying the amount of puirchase
money so paid therefor, with ten per cent. interest thereon as aforesaid,
and all the taxes that have been paid thereon by the purchaser, or his as-
signs, between the day of sale and the period of such redemption, with
ten per cent. interest on the amount of such taxes, and also the full ialue
of the impiovements which may have been made or erected on such pro-
perty, by the purchaser, or his assigns, while the same was in his or their
Proviso, possession. And provided,moreover, That where the estate of the ten-
ant in default, as for years, or for life or lives, shall be sufficient to defray
the taxes chargeable thereupon, such estate only shall be liable to be sold
under the provisions of this act.
The collector SEc. 11. And be it further enacted, That it shall be lawful for the
may postpone
sale far want collector or other officer (duly authorized) to postpone, aftet such adver-
of bidders, &c. tisement, the sale of any property advertised according to the provisions
of the foregoing section, to any future day, for the want of bidders, he giv-
*ing public notice of such postponement, and the sale made at such post-
poned time shall be equally valid as if made on the day stated in the ad-
vertisement.
Collector may SEC. 12. And be it further enacted, That the person or persons ap-
proceed by dis- pointed to collect any tax imposed by virtue of the powers granted by this
tress and sale, act, shall have authority to collect the same by distress and sale of the
on ten days' no-
tice, &c. goods and chattels of the person chargeable therewith ; but no such sale
shall be made unless ten days' previous notice thereof be given in some
Acts of Mary- newspaper printed in the city of Washington. And the provisions of
land, pro- to the acts of Assembly of Maryland, now
relative
personal
in force within the county of
perty taken by Washington, relating to the right of replevying personal property taken
-distress for in execution for public taxes, shall apply to all cases of personal pro-
taxes, &c. perty taken by distress to satisfy taxes imposed by virtue of this act.
Levy court of SEc. 13. And be it further enacted, That the levy court of the
Washington county of Washington, in theDistrict of Columbia, shall not possess
Ependitures the power of assessing any tax on property in the city of Washington;
by levy court, to nor shall the corporation of the said city be obliged to contribute, in
which the cor- any manner, towards the expenses or expenditures of said court, except
poration must
contribute, for the one-half part of the expenses incurred on account of the orphans?
court, the office of coroner, the jail of said county, and the opening
and repairing of roads in the county of Washington, east of Rock creek,
leading directly to the city of Washington, but the said corporation shall
have the sole control and management of the bridge across or over Rock
creek, at the termination of K street north; and shall be chargeable
*with the expense of keeping the same in repair, and rebuilding it when
necessary.
The clerk of 8Ec. 14. And be it further enacted, That the clerk of the, circuit
the cirouit court court, and the register of wills for the county of Washington, respective-
and register ofite
wills to furnish ly, shall furnish the register of the city, or other officer of the corpora-
the city register tion, appointed to receive the same, on or about the first Monday in
with lists of the anuary and July, inevery year, correct lists of the transfers of real pro.
transfers of real
propeity semi- perty in the city, during the next preceding half year, so far as can be
aunually. ascertained by the records in their respective offices; and the said corpo-

SIXTEENTH CONGRESS. Sms L Cu. 104. 1820.
ration 'shall make to the said clerk and register of wills such compensa-
tion therefor as shall be agreed on betwee, the respective parties, not ex-
ceeding six cents for each transfer on such lists.
Sac. 15. And be it further enacted, That the commissioner of the Commissioner
public buildings, or other person appointed to superintend the United of public build-
ings, &c. to re-
States' disbursements in the city of Washington, shall reimburse to the imburse to the
said corporation a just proportion of any expense which may hereafter be corporation a
incurred, in laying open, paving, or otherwise improving any of the streets just proportion
of expense in
or avenues in front of, or adjoining to, or which may pass through or be- opening and im-
tween any of the public squares or reservations, which proportion shall proving streets,
be determined by a comparison of the length of the front, or fronts, of passing through
between pub-
the said squares or reservations of the United States, on any such street or lic squares, &c.
or avenue, with the whole extent of the two sides thereof; and he shall Proportion to
causx the curb stones to be set, and foot ways to be paved, on the side or be determined
by comparison,
sides of any such street or avenue, whenever the said corporation shall, &c.
by law, direct such improvements to be made by the proprietors of the
lots on the opposite side of any such street or avenue, or adjacent to any
such square or reservation; and he shall cause the footways to be paved,
and the curb stoies to be set, in front of any lot'or lots belonging to the
United States, when the like improvements shall be ordered by the cor- Expenses to
poration in front of the lots adjoining, or squares adjacent thereto; and be defrayed by
he shall defray the expenses direqted by this section, qut of any moneys commissioner
out of money
arising from the sale of lots in the city of Washington, belonging to the from sale of
United States, and from no other fund. (a) public lots.
SSc. 16. And be it further enacted, That the present boards of alder- The boards
men and common council shall, before the last Monday in May next, may divide the
city into wards
divide the said city into as many wards as in their opinion shall be most &e.
conducive to the interests of the city; 'and the boards of aldermen and
common council, may, from time to time, as the interests of the city shall
require, alter the number and boundaries of the said wards: Provided, Proviso.
That the said wards shall, at all times, be so laid off, altered, and bounded,
that each ward shall comprise, as near as may be, an equal number of
the inhabitants of the said city: And provided, however, That if such Proviso.
division shall not be made prior to the said last Monday in May, then
the said city shall be divided into six wards, in manner following, to wit:
All that part of said city to the westward of Sixteenth street west, shall First ward.
constitute the first : that part to the eastwardof Sixteenth streetwest, and
to the westward of Tenth street west, shall constitute the second; that Second ward.
part to the eastward of Tenth street west, to the westward of First street
west, and to the northward of E street south, shall constitute the third; Third ward;
that part to the eastward of First street west, to the westward of Eighth
street east, and to the northward of E street south, shall constitute the
fourth ; that part to the eastward of Tenth street west, to the west- Fourth ward.
ward of Fourth street east, and to the southward- of E street south, shall Fifth ward.
constitute the fifth; and the residue of the city shall constitute the sixth Sixth ward.
ward. The expenses which may be incurred in improving and repairing Expenses of
the streets which form the boundaries of the several wards, shall be de- improving
streets bound-
frayed out of the taxes raised in the wards which adjoin the same, re- ing wards, to
spectively, in equal proportions ; and the present boards of aldermen and be defrayed out
common council shall, before the first Monday in June next, apportion, of taxes raised in
the wards ad-
by law, such portions of the debt of the city, as have been heretofore joining, &e.
chargeable to the existing wards, amongst the wards established by this Board of al-
section, upon just and equitable principles. And the board of aldermen dqrmen to be
divided into two
shall, so soon as the same shall have been organized, on the second Mon- classes.
(a) By an act supplementary to the act, entitled "An act to incorporate the inhabitants of the city
of Washington, and to repeal all acts heretofore passed for that purpose,"2 passed 15th May, 1820;
May 20, 1826, ch. 130; this section " shall be construed so as to extend the provisions of said section
As well to public open spaces as to public squares or reservations."

SIXTEENTH CONGRESS. SEss. I. Cn. 107. 1820.
day in June next, divide the members into two classes, in manner follow-
ing, to wit: Those members who are now in office, and, by virtue of their
election in June last, shall be entitled to take their seats in the new board,
as members from the wards in which they shall, respectively, reside, shall
First class. be placed in the first class; and those members who shall be elected
Second class. from the same wards in June next, shall be placed in the second class;
Others by lot. and the other members shall be placed in their respective classes by lot;
and the seats of the first class shall be vacated at the end of the first year,
Vacation of and the seats of the second class shall be vacated at the end of the second
aldermen's
seats. year; so that one member shall be elected in each ward every year there-
Aldermen are, after. And the members of the board of aldermen shall be hereafter, ex-
ex officio, jus- officio, justices of the peace for the county of Washington, unless hold-
tices of the
peace unless ing commissions in the army or navy of the United States.
holding military SEC. 17. And be it further enacted, That this act shall continue in force
or naval com- for and during the term of twenty years, and until Congress shall, by law,
missions.
determine otherwise.
STATUTE I.
May 15,1820.
Act of March CHAP. CVII.-n act providing for the better organization tf the Treasury
3, 1817, ch. 45. Department.
Act of March
3, 1797, oh. 20. Be it enacted by the Senate and House of Representatives of the United
An officer to States of America, in Congress assembled, That it shall be the duty of
be designated such officer of the Treasury Department as the President of the United
by the Presi-
dent, as agent States shall, from time to time, designate for that purpose, as the agent
of the treasury. of the treasury, to direct and superintend all orders, suits, or proceedings,
in law or equity, for the recovery of money, chattels, lands, tenements,
or hereditaments, in the name, and for the use of the United States.
Officers receiv- SEc. 2. And be itfurtder enacted, That from and after the thirtieth
ing public mo-
ney before it is
day of September next, if any collector of the revenue, receiver of public
paid into the money, or other officer who shall have received the public money before
treasury, failing it is paid into the treasury of the United States, shall fail to render his
to account- account, or pay over the same in the manner, or within the time required
The I st comp- by law, it shall be the duty of the first comptroller of the treasury to cause
troller to state to be stated the account of such collector, receiver of public money, or
and certify the
amount due- other officer, exhibiting truly the amount due to the United States, and cer.
The agent to tify the same to the agent of the treasury, who is hereby authorized and re-
issue a warrant quired to issue a warrant of distress against such delinquent officer and
of distress a-
gainst delin- his sureties, directed to the marshal of the district in which such delin-
quent and sure- quent officer and his surety or sureties shall reside; and where the said
ties to the mar- officer and his surety or sureties shall reside in different districts, or
shal.
where they, or either of them, shall reside in a district other than that in
which the estate of either may be situate, which may be intended to be
taken and sold, then such warrant shall be directed to the marshals of
such districts, and to their deputies respectively; therein specifying the
Marshal or de- amount with which such delinquent is chargeable, and the sums, if any,
puty to proceed which have been paid. And the marshal authorized to execute such
to levy and col- warrant, shall, by himself or by his deputy, proceed to levy and collect
lect by distress
and sale of the sum remaining due, by distress and sale of the goods and chattels of
goods and chat- such delinquent officer; having given ten days' previous notice of such
tels of delin- intended sale, by affixing an advertisement of the articles to be sold at
quent.
Ten days' no- two or more public places in the town and country where the said goods
tice of sale, at or chattels were taken, or in the town or county where the owner of such
two .or more goods or chattels may reside; and if the goods and chattels be not suffi-
public places,
&c. cient to satisfy the said warrant, the same may be. levied upon the person
Goods, &c. of such officer, who may be committed to prison, there to remain until

SIXTEENTH CONGRESS. SEss. I. Ca. 107. 1820.
discharged by due course of law. Notwithstanding the commitment of being insuffi-

cient, the per-
such officer, or if he abscond, or if goods and chattels cannot be found son of the offi-
sufficient to satisfy the said warrant, the marshal or his deputy may, and cer is liable,
shall proceed to levy and collect the sum which remains due by such de- &c.
Warrants re-
li.nquent officer, by the distress and sale of the goods and chattels of the maining unsat-
surety or sureties of such officer; having given ten days' previous notice isfied by pro-
of such intended sale, by affixing an advertisement of the articles to be ceediugs against
sold, at two or more public places in the town or county where the said delinquent.
Ten days' no-
goods or chattels were taken, or in the town or county where the owner tice of sale, at
of such goods or chattels resides. And the amount due by any such two or more
officer as aforesaid, shall be, and the same is hereby declared to be, a lien public places,
&c.
upon the lands, tenements, and hereditaments of such officer and his Amount due
sureties, from the date of a levy in pursuance of the warrant of distress by delinquent
issued against him or them, and a record thereof, made in the office of officer, a lien
upon lands, &c.
the clerk of the district court of the proper district, until the same shall of himself and
be discharged according to law. And for want of goods and chattels of sureties.
such officer, or his surety or-sureties, sufficient to satisfy any warrant of For want of
goods, &c.
distress issued pursuant to the provisions of this act, the lands, tenemehts, lands, &c. may
and hereditaments of such officer and his surety or sureties, or so much be sold.
thereof as may be necessary for that purpose, after being advertised for at
least three weeks in not less than three public places in the county or Three weeks'
notice of sale
district wlhere such real estate is situate, prior to the time of sale, may of lands, &c.
. Conveyance.
and shall be sold by the marshal of such district or his deputy ; and for
all lands, tenements, or hereditaments sold in pursuance of the authority of the marshal
to give a valid
aforesaid, the conveyance .of the marshals or their deputies, executed in title to lands
due form of law, shall give a valid title against all persons claiming under sold, &c.
such delinquent officer, or his surety or sureties. And all moneys whidh
may remain of the proceeds of such sales, after satisfying the said- war-
rant of distress, and-paying the reasonable costs and charges of the sale,
shall be returned to such delinquent officer or surety, as the case may be:
Provided, That the summary process herein directed shall not affect any
surety of any officer of the United States, who became bound to the
United States before the passing of this act; but each and everysuch
officer shall, on or before the thirtieth day of September next, give new
and sufficient sureties for the performance of the duties required of such
officer. (a)
(a) The cases decided upon the provisions of this section are:
The Treasury Department of the United States, on the 14th of July, 1829, issued a warrant ofdis-
tress, directed to the marshal of the District of Columbia, commanding him to levy and collect, by
distress and sale of his goods and chattels, a sum of money alleged to be due to the United States, on
a treasury transcript, by Joseph Nourse late register of the treasury. This warrant was issued in pur-
suance of the 2d, 3d, and 4th sections of the act of May 15th, 1820, " providing for the better organization
of the Treasury Department.', Under the provisions of the 4th section of the act, Mr. Nourse
obtained an injunction from the chiefjustice of the District of Columbia to stay all further proceedings
on the said warrant. The bill presented by Mr. Nourse to the chief justice of the District of Columbia
asserted that the United States was indebted to him for compensation f6r extra services he had rendered
to the United States, in a sum exceeding the amount claimed by theUnited States: which claim was
denied in the answer filed by the district attorney of the United States, both as to the legality and the
amount of the claim.
The'court determined that Mr. Joseph Nourse was entitled to compensation for the extra services
he had rendered to the government, in the agencies mentioned in the bill ; and appointed auditors to
ascertain the value of his services and compensation, and to report thereon without delay. The re-
port of the auditors allowed to the complainant a commission of two and a half per cent. on the sum
of nine hundred and forty-three thousand three hundred and eight dollars, and eighty-three cents, dis-
bursed by him in the several agencies in which he had been employed, leaving a balance due to him
from the United States. The report was confirmed, and the injunction made perpetual.
The United States then instituted their suit against Joseph Nourse in the circuit court for the District
of Columbia, in the county of Washington, on an account authenticated according to law, by the pro-
per accounting officers, being the same account, and claiming the same amount as in the warrant of
distress, and on which the decree of the Chief Justice was pronounced. It was agreed that the de--
fendant should have the benefit of theproceedings in that case, as if the same had been pleaded and
given in evidence. The circuit court adjudged the proceedings in the former action abar to thisaction.
By the Court. It is a rule to which no exception is recollected, that the judgment of a court of
competent jurisdiction, while unreversed, concludes the subject-matter as between the same parties.
They cannot again bring it into litigation. The United States v. Nourse, 9 Peters' Rep. 8.
VOL. I1I.-75 3D 2

594 SIXTEENTH CONGRESS. Sxss. 1 Cn. 107. 120.
SEc. 3. And be it further enacted, That, from and after the thirtieth
day of September next, if any officer employed, or who has heretofore
been employed, in the civil, military, or naval, departments of the govern-
ment, to disburse the public money appropriated for the service of those
An execution is the end of the law. It gives the successful party the fruits of his judgment, and the
distress warrant is a most effective execution. It may act on the body and estate of the individual
against whom it is directed. Ibid.
It would excite some surprise if, in a government of laws and of principle, furnished with a de-
partment whose appropriate duty is to decide questions of right, not only between individuals, but
between the government and individuals, a ministerial officer might, at his discretion, issue this power-
ful process, and levy on the person, lands, and chattels of the debtor, any sum he might believe to be
due, leaving to that debtor no remedy, no appeal to the laws of his country, if he should believe the
claim to be unjust. But this anomaly does not exist ; this imputation cannot be cast on the legislature of
the United States. Ibid.
Under the act of Congress the chief justice of the District of Columbia had full jurisdiction over
the case. Ibid.
After a reference to auditors, according to the course of courts of chancery in matters of account, a
final decree was pronounced against the United States, and a perpetual injunction awarded. This de-
cree is now in full force, and was in force when this suit was instituted.- The act of Congress gave
jurisdiction in the specific case to the district judge. He might have enjoined the whole or a part of
the warrant. His decree might have been for or against the United States forthe whole or a part of
the claim. On the sum which he found to be due, he is directed to asgess the lawful interest ; he may
add such damages, as with the interest, shall not exceed the rate of ten per cent. per annum on the
principal sum. Had the district judge finally enjoined a part of the sum claimed by the United States,
and decreed that the residue should be paid with interest, all would perceive the unfitness of asserting
a claim in a new action to that portion of the debt which had been enjoined by the decree of the court.
And, yet between the obligation of a decree, against the whole claim, and against a part of it, no dis-
tinction is perceived. bid.
The relief which is given by the act of Congress on which the warrant of distress may be issued, by
application to any district judge of the United States for an injunction to stay proceedings on such
warrant, is not confined to an officer employed in the civil, military, or naval departments of the
government, to disburse the public money appropriated' for the service of those departments respec-
tively, who shall fail to render his accounts, or pay over in the manner required by law, any sum of
money remaining in the hands of such officer. Ibid.
When the legislature turns its attention to the individual against whom the warrant may issue, the
language of the law is immediately changed. The word person is substituted for officer; and it declares,
"that if any person should consider himself aggrieved' by any warrant issued under thib act, he may
prefer a bill of complaint, &c.," and thereupon the judge may grant an injunction, &c. Ibid.
The character of the individual against whom the warrant may be issued is entirely disregarded by
that part of the law. Be he whom he may, an officer or not an officer, a debtor or not a debtnr; if
the warrant be levied on his person or property, he is permitted to appeal to the laws of his country,
and to bring his case before the district judge, to be adjudicated by him. Ibid.
The district judge had full'jurisdiction over the case, and hisdecision is final. The judgment on the
warrant of distress, and the proceedings upon it are, consequently, a bar to any subsequent action for
the same cause. Ibid.
A party was arrested and held in custody, by virtue of a distress warrant, issued from the Treasury
Department, under an act of Congress passed the 15th of May, 1820, "4 to provide for the better organiza-
tion of the Treasury Department.", The act provides, in substance, for the issuing of this w.rant by the
agent of the treasury, against all military and naval officers, &c., charged with the disbursement of the
public moneys, who shall fail to pay and settle their accounts at the Treasury Department. The party
in custody, was a lieutenant in the navy of the United States, and had officiated as acting purser of a
national ship, supplying a vacancy occasioned by the death of the regularly commissioned purser of
the ship, on the Mediterranean station, and had executed no official bond as purser. On his return to
the United States, he had settled his account at the proper department, viz., in 1828 ; and in 1833, the
then fourth auditor, opened and re-stated his account, on the ground that it had been erroneously set-
tled in the first instance, and the account as re-stated, exhibited a large balance against the party, due
to the United States. Upon this re-stated account, the distress warrant was issued, by virtue whereof,
the party was arrested and was brought before the circuit court under a writ of habeas corpus, directed
to.the officer, who .executed the warrant, and held the petitioner in custody. Held, That the account
of the petitioner as acting purser, having been once stated, and settled at the Treasury Department, the
law invests the auditor with no power to open and re-settle it, of his own mere authority. The act
creates a special and limited jurisdiction ; and after the accounts of any class of officers, on whom it
was intended to act, have been adjusted, however erroneously, that special jurisdiction is functus
officio, and any process issued upon a re-establishment of such accounts, is absolutely null and
void.
BARBOUR, J. That, assuming that the act, under which this arrest was made, does not violate
the Constitution of the United States, which declares, that " the judicial power of the United States
shall be vested in one supreme court, and in such inferior courts as Congress shall, from time to time,
ordain and establish ; the judges, both of the supreme and inferior courts, shall hold their offices dur-
ing good behaviour," and extends the judicial power to " controversies to which the United States
shall be a party :" yet, -the authority vested by this law in certain agents of the treasury, and all acts
done in pursuance thereof, are purely ministerial. The statement or certificate, authorized by the act,
is not a judgment, and the warrant which coerces payment, is not judicial process. They are minis-
terial acts, (for, otherwise, they could not be sustained,) and the general principles of construction re-
quire, that the authority vested by the act, shall be strictly and literally pursued. Per MARSHALL,

SIXTEENTH CONGRESS. Sass. 1. Ci. 107. 1820. 595
departments respectively; shall fail to render his accounts, or to pay over, Officers
in the manner, and in the times, required by law, or the regulations of employed to
disburse pub-
the department to which he is accountable, any sum of money remaining lic moneys,
in the hands of such officer, it shall be the duty of the first or second being delin-
comptroller of the comptollerdering
treasury, as the case may be, who shall be charged with juent, inaccount
ron-
the revision of the accounts of such officer, to cause to be stated and cer- or paying over,
tified, the account of such delinquent officer, to the agent of the treasury, &c., the 1st or
2d comptroller
who is hereby authorized and required immediately to proceed against to stateand er.
such delinquent officer, in the manner directed in the preceding section, tify the ac-
all the provisions of which are hereby declared to be applicable to every counts, and the
officer of the government charged with the disbursement of the public agent of to
treasury tbepro-
money, and to their sureties, in the same manner, and to the same extent, eed against
as if they had been described and enumerated in the said section: Pro- them by war-
vided, nevertheless, That the said agent of the treasury, with the appro- rant ordistress,
&c.
bation of the Secretary of the Treasury, in cases arising under this or proviso.
the preceding section, may postpone, for a reasonable time, the institu-
tion of the proceedings required by this act, where, in his opinion, the
public interest will sustain no injury by such postponement.
SEc. 4. And be it further enacted, That if any person should cbnsi- Persons ag-
der himself aggrieved by any warrant issued under this act, he may pre- grieved may
prefer a bill of
fer a bill of complaint to any district judge of the United States, setting complaint to a
forth therein the nature and extent of the injury of which he complains; district judge,
and thereupon the judge aforesaid may, if in his opinion the case requires &c.
The judge
it,grant an injunction to stay proceedings on such warrant altogether, may grant an
or for so. much thereof as the nature of the case requires ; but no in- injunction. '
junction shall issue till the party applying for the same shall give bond, No injunction
and sufficient security, conditioned for the performance of such judg- until bond and
security.
ment as shall be awarded against the complainant, in such amount Injunction not
as the judge granting the injunction shall prescribe; nor shall the issu- to impair the
ing of such injunction in any manner impair the lien produced by the lion qfthe war-
issuing of such warrant. And the same proceedings shall be had on-
such injunction as in other cases, except that no answer shall b; neces-
sary on the part of the United States; and if, upon dissolving the in- Damages, if
j.nction, it shall appear to the satisfaction of the judge who shall decide application for
upon the same, that the application for the injunction was~was merely for the merely
injunction
for
delay, in addition to the lawful interest which shall be assessed on all delay.
sums which may be found due againist the complainant, the said judge is
hereby authorized to add such damages as that, with the lawfiil interest,
it shall not exceed the rate of ten per centum per annum on the princi-
pal sum.
SEc. 5. And be it further enacted,That such injunctions may be grant- Injunction,
ed or dissolved by such judge, either in or out of court. &c., either inor
SE 6. And be it Sac.Persons
further enacted, That if any person shall consider out of court. "ag-
himself aggrieved by the decision of such judge, either in refusing tb grieved by the
issue the injunction, or, ifgranted, on its dissolution, it shall be competent district judge,
jdejudge apply
for such person tolay a copy of the proceedings had before the district judgemay of to
'thea
before a judge of the Supreme Court, to whom authority is hereby given, Supreme Court,
C. J. The act does not apply, in sound construction, to every commissioned officer of the army
or navy of the United States, to whose hands any public money may be intrusted, but only to those
regularly appointed disbursing officers, who have given official bonds, with sureties for the faithful dis-
charge of the duties of their office; it does not embrace a mere acting purser in the navy. The
construction put by the court upon this act does not affect the responsibility of a temporary acting
disbursing officer of the army or navy, but simply denies his liability to the particular process
authorized by the act. The responsibility of such an officer is precisely the same with that of the
regularly appointed officer, who has given his official bond with surety; and if his account has been
erroneously settled, it may be opened, and any balance remaining due from him to the United States,
may be recovered in a regular course of legal proceeding. Per Curim. In case of an erroneous
settlement, a bill in equity would lie to surcharge and falsify, as in the case of a settled account between
individuals. If even at law, though the settled account would be prima face evidence, might not the
true balance be recovered upon proving mistakes and omissions ? Per BARBOU a, J. Ex parteRandolph,
2 Brockenb. C. C. R. 447.

596 SIXTEENTH CONGRESS. SEss. I. CH. 108, 109. 1820.
who may grant either to grant the injunction, or permit an appeal, as the case may be,
relief. if,inthe opinion of such judge of the Supreme Court, the equity of the
case requires it; and thereupon the same proceedings shall be had upon
such injunction in the circuit court, as are prescribed in the district court,
and subject to the same conditions in all respects whatsoever.
Attorneys of SEC. 7. And be it further enacted, That the attorneys of the United
the United
States to con- States, for the several judicial districts of the United States, in the prose.
form to instruc- cution of all suits in the same, in the name and for the benefit of the
tions from the United States, shall conform to such directions and instructions, touch-
agent of the
treasury, t ing the same, as shall, from time to time, be given to them, respectively,
Attorneys, at by the said agent of the treasury. And it shall, moreover, be the duty of
the end of every each of the said attorneys, immediately after the end of every term of the
term, to forward
a statement of district and circuit courts, or of any state court, in which any suit or action
cases decided, may be pending, on behalf of the United States, under the direction of any
&c. and infor- district attorney, to forward to the said agent of the treasury a statement
mation, to the of the cases which have been decided during the said term, together with
agent, &c. o ae hc
suchh information aebe
touching may not haveem
sucheiecases asuigtesi beenoehrwt
decided, as
may be required by the said officer.
Clerks of cir- SEC. S. And be it further enacted, That it shall be the duty of the
cuit and district clerks of the district and circuit courts, within thirty days after the ad-
courts, within-
3fl days after journment of each successive term of the said courts, respectively, to for-
term, to forward to the said agent of the treasury a list of all judgments and decrees
ward a list of which have been entered in the said courts, respectively, during such
judgments and tr
decrees enter- term, to which the United States are parties, showing the amount which
ed,totheagent, has been so adjudged or decreed for or against the United States, and
showing the stating the term to which execution thereon will be returnable. And it
amount, &c. shall, in like manner, be the duty of the marshals of the several judicial
Marshals,
within 30 days districts of the United States, within thirty days before the commence-
before terms, to ment of the several terms of the said courts, to make returns, to the said
make returns, agent, of the proceedings which have taken place upon all writs of exe-
to the agent,
of proceedings cution or other process which have been placed in his hands for the col-
on writs of ex- lection of the money which has been so adjudged and decreed to the
ecution, &c. United States in the said courts, respectively.
Nothing in
thisactto impair SEC. 9. And be it further enacted, That nothing in this act contained
any right or shall be construed to take away or impair any right or remedy which the.
remedy, under United States now have, by law, for the recovery of taxes, debts, or de-
preceding laws. mands.

STATUTE I.
May 15, 1820. CHAP. CVIII.---n .Set authorizingthe building of a certain number of small
[Obsolete.] vessels of war.
The President
authorized to Be it enacted by the Senate andHouse of Representatives of the United
cause to be States of America, in Congress assembled, That the President of the
built, &c.not United States is hereby authorized to cause to be built and equipped,
exceeding five
vessels of war, any number of small vessels of war (not exceeding five) which, in his
of not morethan judgment, the public service may require; the said vessels to be of a
12 guns each. force not more than twelve guns each, according to the discretion of the
60,000 dolls. President. And, for carrying this act into effect, the sum of sixty thou-
appropriated for sand dollars is hereby appropriated, to be paid out of any money in the
the object. treasury not otherwise appropriated.
STATUTE L
May 15, 1820. CHAP. CIX.-dn Set to revive and continue inforce an act, entitled ",ilnact to
provide for persons who were disabledby known wounds received in the revolu-
[Expired.] tionary war," andfor other purposes.
Act of April. Be it enacted by'the Senate andHouse of Representatives of the United
10, 1806, ch. 25, States of America, in Congress assembled, That the act, entitled "An

SIXTEENTH CONGRESS. Sass. L CH.110. 1820. 597
act to provide for persons who were disabled by known wounds received continued in
in the revolutionary war," passed on the tenth of April, one thousand eight force to 15th
hundred and six, and limited, as in said act declared, to the term of six
years, and afterwards revived and continued in force by an act, entitled
"An [act] to revive and continue in force ' An act to provide for per- Act of Aprl
sons who were disabled by known wounds received in the revolutionary 25,1812, ch.69.
war,' and for other purposes," for and during the term of six years, as
in the said act is declared, shall be, and the same is hereby, revived, and
is continued in force for one year, and no longer, from the passing of
this act: Provided,That this act shall not be construed to repeal or make Proviso; this
void the fourth section of an act, entitled "An act concerning invalid act not to make
pensions," passed the third of March, one thousand eight hundred and void of
tion the the
4thsec
act
nineteen; but the said fourth section of the said last-mentioned act shall of 3d March,
be, and hereby is declared to be, in full force and effect, any thing in the 1819, ch. 99.
said act hereby revived and made perpetual to the contrary notwithstand-
ing.
SEC. 2. And be it further enacted, That the right any person now The right to
has, or may hereafter acquire, to receive a pension in virtue of any law of receive a pen-
Sion to corn-
the United States, be considered to commence at the time of comple- mence at the
ting his testimony, pursuant to the act hereby revived and continued in time of corn-
force. pleting the tes-
timony.
SEC. 3. And be it further enacted, That the agents for the payment of Agents for
invalid pensioners of the United States shall, in future, be required to paying pensions
give bond, with two or more sureties, to be approved by the Secretary tontgive bond, in
exceeding
for the Department of War, in a sum not exceeding five thousand dol- not exceedin
to them, respec-
lars, for the faithful discharge of the duties confided
tively.
STATUTE I.
CHAP. CX.-An Act designating the ports within which only foreign armed May 15, 1820.
vessels shall be permitted to enter. [Expired.]
Be it enacted by the Senate and House of Representativesof the United After let July,
States of America, in Congress assembled, That, after the first day of July, 1820, foreign
one thoursand eight hundred and twenty, it shall not be lawful for any armed vessels
to enter cer-
foreign armed vessels to enter any harbour belonging to the United States, tain ports only,
excepting only those of Portland, Boston, New London, New York, Phila- unless forced in
delphia, Norfolk. Smithville, in:North Carolina,
- Charleston,
- by distr"s,dan-
and Mobile; -gets of the
unless when such vessels shall be forced in by distress, by the dangers of sea, or an ene-
the sea, or by being pursued by an enemhy, and be unable to make any of my, &c.
the ports above mentioned; in which cases, the commanding officer
shall immediately report his vessel to the collector of the district, stating
the object or causes of his entering such harbour; shall take such posi-
tion therein as shall be assigned him by such collector, and shall con-
form himself to such regulations as shall be signified to him by the said
collector, under the authority and direction ofthe President of the United
States.
SEC. 2. And be it further enacted, That it shall be lawful for the The President
President of the United States to employ such part of the land and naval may employ
land and naval
forces of the United States, or the militia thereof, as he may deem neces- forces and mili-
sary to enforce the provisionsof the first section of this act; and the Presi- tia, to enforce
dent shall also be authorized to employ such forces to prevent any foreign this aqt.
armed vessel from entering or remaining within any waters within the
jurisdiction of the United States, except such as shall lie in her direct
course in entering from sea, or leaving, to proceed to sea, either of the
harbours above mentioned.
SEC. 3. And be it further enacted, That this act shall continue in force

SIXTEENTH CONGRESS. Sus. L Cu. 11-1, 112.' 1820.
This act in until the first day of July, one thousand eight hundred and twenty-two.
force until 1st
July, 1822. and no longer.
STTvm 1.
CHAP. CXI.-An Act for altering the times for holding the court of the United
May 15, 1820. States for the western district of Pennsylvania, and for other purposes. (a)
The terms to Be it enacted by the Senate and House of Representatives of the United
be hereafter
holden on the States of America, in Congress assembled, That the terms of the district
first Monday in court for the western district of Pennsylvania, which are now directed
May and by law to be holden on the first Mondays of the months of June and
second Monday December, in each year, shall hereafter be bolden, for the said district,
in October.
on the first Monday in May, and second Monday in October, in each year.
Suits, &c. SEc. 2. And be it further enacted, That all actions, suits, process,
commenced and pleadings, and other proceedings, commenced or, pending in the said
pending, made
valid to the district court, shall be as good and valid to the said first Monday in May,
times fixed. and second Monday in October, in each year, as if this change had not
been made, any law to the contrary notwithstanding.
Appeals and SEc. 3. And be it further enacted, That appeals and writs of error
writs of error shall lie from decisions in the said district court for the western district
to the Supreme of Pennsylvania, when exercising the powers of a circuit court, to the
Court, as from
circuit courts. Supreme Court of the United States, in the same manner as from circuit
Act of April courts; and that so much of the fourth section of the act, entitled "An
20, 1818, ch. act to divide the state of Pennsylvania int6 two judicial districts," passed
108.
on the twentieth day of April, one thousand eight hundred and eighteen,
as provides that writs of error shall lie from decisions in the said district
court to the circuit court in the eastern district of Pennsylvania, be,
and the same is hereby, repealed.
Salaries SEc. 4. And be it further enacted, That there shall be allowed to the
to the district district attorney, and to the marshal of the said western district of Penn-
attorneys and sylvania, and the northern district of New York, the yearly sum of
marshals of the
western district two hundred dollars each; to commence from the twentieth day of
of Pennsylva-, April, one thousand eight hundred and nineteen; to be paid quarterly,
nia and north- at the treasury of the United States.
ern district of
New York. APPROVED, May 15, 1820.
STATUTE I.
CHAP. CXI.-dn Act to authorize the erection of a lighthouse on one of the Isles
May 15, 1820. of Shoals, near Portsmouth, in New ampshire,and for other purposes
Be it enacted by the Senate and House of Representatives df the United
The Secretary States of America, i Congress assembled, That, as soon as the juris-
of the Treasury
to provide, by diction of such one of the Isles of Shoals, in the state.of New Hamp-
contract, for a shire, in the state of Massachusetts, or in the state of Maine, as the
lighthouse on President of the United States shall select for the site of a lighthouse,
(a)Ads relatingto the courts of the United States in the western districtof Pennsylvania:
An act to divide the state of Pennsylvania into two judicial districts, April 20, 1818, ch. 108.
An act concerning the western district court of Pennsylvania, Dec. 16, 1818, ch. 4.
An act foraltering the times for holding the court of the United States for the western district of
Pennsylvania, May 15, 1820, ch. 111.
An act to alter the judicial districts of Pennsylvania, and for other purposes, May 26, 1824, ch. 170.
An act supplementary to an act entitled " An actto amend the judicial system of the United States,",
March 3, 1837, ch. 34, see. 4.
An act respecting the jurisdiction of certain district courts, Feb. 19, 1831, c'h. 28.
An act altering the time of holding the district court of the United States for the western district of
Pennsylvania, May 8, 1840, ch. 23.
An act to authorize the judge of the district court for the western district of Pennsylvania, to hold a
special session of said court, March 19, 1842, ch. 6.
An act to amend " An act for altering the time of holding the district court of the United States, f1r
the western district of Pennsylvania at Williamsport," approved May 8, one thousand eight hundred
and forty, July 27, 184,2, ch. 68.

SIXTEENTH CONGRESS. Spss. I. Co. 112. 1820. 599
shall be ceded to, and the property thereof vested in, the United States, the Islesas soon
Shoals, of
it shall be the duty of the Secretary of the Treasury to provide, by con- as the jurisdic-
tract, which shall be approved by the President, for building-a lighthouse tion has been
on such island, to be so lighted as to be distinguishable from other light- And &c.
ceded, to agr(e
houses on the east and west of the same; and, also, .to agree for the sala- for salaries, &c.
ries, wages, or hire, of the person or persons to be appointed by the or superinten-
President for the superintendence of the same. dents.
SEC. 2. And be it further enacted, That the sum of five thousand Appropriation
dollars be, and the same is hereby, appropriated, for the purpose or for the light-
house on the
building such lighthouse, to be paid out of any moneys in the treasury, Isles of Shoals.
not otherwise appropriated.
SEc. 3. And be it further enacted, That the Secretary of the Treasury The Secretary
of the
be, and he is hereby, authorized to provide, by contract, for building light- to Treasury
provide, by
houses, erecting piers, beacons, or land marks, and building and placing contract, for
light vessels, or boats, and buoys, on the following sites or shoals, to wit: building other
A pier at the mouth of Kennebunk river, in the state of Maine; two light- lighthouses,
piers, &c.
houses, one on Tenpound island, at the entrance into Gloucester harbour, Kenuehunk
and the other on Baker's island, near Salem, in the state of Massachusetts; river.
a lighthouse at a proper site near the mouth of Genessee river, in the state of Tenpound
Island.
New York; a buoy on Southwest Ledge, and another on Adams' Fall, in Baker's Island.
or near to the harbour of New Haven, in the state of Connecticut: A light Genessee
vessel at the end of Smith's Point Shoals, in the Chesapeake bay, in the river.
South-west
state of Virginia: A lighthouse on Shell Castle Island, in the state of North Ledge.
Carolina: or, in lieu thereof, a light vessel, to be moored in a proper Adams' Fall.
place, near the said island, if, in the opinion of the Secretary of the Smith'sPoint.
h rShell Castle
Treasury, latter shall be preferred: A beacon and two buoys on island.
Ithe
proper ites in the channel leading to the harbour of Charleston, in the Charleston.
state of South Carolina: A lighthouse on a proper site in Mobile bay, in Mobile bay.
the state of Alabima, or, in lieu thereof, a light vessel in the said bay; if Mouth of the
the same shall be preferred: A light vessel, should the same be deemed ,ississippi.
necessary by the Secretary of the Treasury, at the mouth of the Missis-
sippi, in the state of Louisiana.
SEC. 4. And be it further enacted,That there be appropriated, out of Sums appro-
priated for ob-
any moneys in the treasury not otherwise appropriated, the following sums j fthis act.
of.
of money, to accomplish the objects specified in this act, to wit: for
erecting a pier at the mouth of Kennebunk river, a sum-not exceeding
five thousand dollars; for placing a bell near the lighthouse on West
Quody Head, a sum not exceeding one thousand dollars; for erecting
two lighthouses, one on Tenpound Island, and the other on Baker's
Island, and placing three buoys on the rocks and flats near Salem, a sum
not exceeding nine thousand dollars ; for defraying the expense of light-
ing the lighthouse on the south side of the harbour of Nantucket, and
superintending the same, a sum not exceeding three hundred dollars for
a lighthouse near the mouth of Genessee river, a sum not exceeding five
thousand dollars; for placing two buoys, one on Southwest Ledge, and
the other on Adams' Fall, in or near the harbour of New Haven, a sum
not exceeding three hundred dollars ; for a light vessel, and placing the
same at the end of Smith's Point Shoals, a sum ni.)t exceeding eight thou-
sand dollars; for a lighthouse on Shell Castle Island, or a light vessel, if
preferred, a sum not exceeding fourteen thousand dollars; for a beacon and
two buoys on proper sites in or near to the channel leading to Charles-
ton harbour, a sum not exceeding six thousand five hundred dollars; fora
lighthouse, or light vessel, for Mobile bay, a sum not exceeding nine
thousand dollars; for a light vessel at the mouth of the Mississippi, a sum
not exceeding fi!teen thousand dollars.
SEc. 5. And be it further enacted, That the Secretary of the Treasury diehgthousen
be, and he is-hereby, authorized, if he shall deem it expedient and proper, Sparrow's Point
to build the lighthouse directed to be built on Sparrow's Point, in the may be built
state of Maryland, on North Point in said state; and also to substitute a on North Point.

SIXTEENTH CONGRESS. Sss. Ca, 113, 1820.
A light vessel light vessel for the lighthouse directed to be built on Craney Island,
may be substi-
toted for a light- at the mouth of Elizabeth river, in the state of Virginia.
house on Craney SEC. 6. And be it further enacted, That, to complete the lighthouses
Island. and light vessels heretofore directed to be built, there be appropriated,
Additional
sums. appropria- out of any moneys in the treasury not otherwise appropriated, the follow-
ted, for lighting additional sums, to wit : for the lighthouses in the state of Maryland,
houses and-
light vessels a sum not exceeding six thousand six hundred dollars: for the lighthouse
heretofore di- directed to be built between the mouth of Grand River, in. the state of
rected. Ohio, and the mouth of Detroit River, in the territory of Michigan, five
thousand dollars: and for the lighth6uses or light vessels for the state
of Virginia, a sum not exceeding six thousand six hundred dollars.
No lighthouse, : Sic. 7. And be it further enacted, That no lighthouse, beacon, nor
&c. previous to
cession of juris- landmark, shall be built or erected on any site previous to the cession
diction. of jurisdiction over the same being made to the United States.
STATUTE 1. - " "
May 15, 1820. CR1AP. CXIII.-An Act to continue in force " An act to protect the commerc of
. the United States, and punish the crime of piracy," and also to make further
1823, ch. 7. provisions for punishing the crime of piracy.
Be it enacted by the Senate and House of Representatibesof the
First, 2d, 3d United States of America, in Congress assembled, That the first, second,
and 4th sections thi td, and fourth, sections of an act, entitled "' An act to protect the corn-
of act of 3d
March, 1819, merce of the United States and punish the crime of piracy," passed on
ch. 77, continued the third day of March, one thousand eight hundred and nineteen, be,
for two years, and the same are hereby, continued in force, from the passing of this
act for the term of two years, and from thence to the end of the next
session of Congress, and no longer.
Fifth section SEC. 2. And be it further enacted, That the fifth section of the said
of the act of 3d act be, and the same is hereby, continued in force, as to all crimes
March, 1819,
continued as made punishable by the same, and heretofore committed, in all respects
to crimes here- as fully as if the duration of the said section had been without limitation.
tofore commit- SEC. 3. And be it further enacted, That, if any person shall, upon the
ted.
Persons corn- high seas, or in any open roadstead, or in any haven, basin, or bay, or in
mitting robbery, any river where the sea ebbs and flows, commit the crime of robbery, in
on any shio. uoanshp vseayfte
a ip
essel, or or upon any ship or vessel, or upon any of the ship's company of any
company, &e. ship or vessel, or the lading thereof, such person shall be adjudged to
or on the high be a pirate: and, being thereof convicted before the circuit court of the
seas, ins road.
stead, &c. United- States for the district into which he shall be brought, or in which
he shall be found, shall suffer death. , And if any person nkaged in any
Conviction in piratical cruise or enterprise, or being of the crew or ship's company of
circuit court
where brought or any pirdtical ship or vessel, shall land-from such ship or vessel, and,.on
found. shore, shall commit robbery, such person shall be adjudged a pirate: and
Persons en- on conviction thereof before the circuit court of the United States for the
gatged in any p- district into which he shall.be brought, or in which he shall be found,
prise, &c. and shall suffer death: Provided,That nothing in this section contained shall
committing rob- be construed to deprive any particular state of its jurisdiction over such
hery on shore,
declared pirates, offences, when committed within the body df a county, or authorize the
and to suffer courts of the United States to try any such offenders, after conviction
death.
or acquittance, for the same offence, in a state court.
Persons land- SEc. 4. And be it further enacted, That if any citizen of the United
ing o- a foreign States, being of the crew or ship's company of any foreign ship or ves-
shore, and seiz- sel engaged in the slave trade, or any person whatever, being of the crew
ing negroes or
mulattoes, not or siastcompany of any ship or vessel, owned in the whole or part, or
held to service, navigated for, or in behalf of, any citizen or citizens of the United
&c. with intent States, shall land, from any such ship or vessel, and, on any foreign
to make them
slaves, or de- shore, seize any negro or mulatto, not held to service or labour by the
coying, forcibly laws of either of the states or territories of the United States, with in-
bringin cr t to make sucar-
ryieg, rc,. them ten ch negro or mulatto a slave, or shall decoy, or forcibly
on board, &c. bring or carry, or shall receive, such negro or mulatto on board any

SIXTEENTH CONGRESS. S,ss I. CH. 117,118. 1820. G1l
such ship or vessel, with intent as aforesaid, such citizen or person declareil pirates,
shall be adjudged a pirate ; and,-on conviction thereof. before the and to suffer
circuit court of the United States for the district wherein he may be death.
brought or found, shall suffer death.
S c. 5. And be it further enacted, That if any citizen of the United Persons for-
States, being of the crew or ship's company of any foreign ship or vessel eibly confinog,
engaged in the slave trade, or any person whatever, being of the crew or aiding to con-
ship's company of any ship or vessel, owned wholly or in part, or navi- fine or detain
negroes, &c. on
gated for, or in behalf of, any citizen or citizens of the United States, board vessels,
shall forcibly confine or detain, or aid and abet in forcibly confining or &c.declared
detaining, on board such ship or vessel, any negro or mulatto not held pirates, and to
to service by the laws of either of the states or territories of the United suffer death.
States, with intent to make such negro or mulatto a slave, or shall, on
board any such ship or vessel, offer or attempt to sell, as -a slave, any
negro or mulatto not held to service as aforesaid, or shall, on the high
seas, or any where on tide water, transfer or deliver over, to any other
ship or vessel, any negro or mulatto, not held to service as aforesaid, with
intent to make such negro or mulatto a slave, or shall land, or deliver on
shore, from on board any such ship or vessel, any such negro or mulatto,
with intent to make sale of, or having previously sold, such negro or mu-
latto, as a slave, such citizen or person shall be adjudged a pirate; and,
on conviction thereof before the circuit court of the United States for
the district wherein he shall be brought or found, shall suffer death.
STATUTE L
CHAP. CXVII. -. 4n dct for the relief of persons holding confirmed unlocate4 May 15, IBM1.
claims for lands in the state of Illinois.
Be it enacted bylhe Senate and House of Representatives of the
United States of America, in Congress issembled, That all persons law- Persons hold.
fully holding confirmed unlocated claims for land within the tract ing confirmed
unlocated
reserved by the third section of the act, entitled "An act confirming claims for latdd
certain claims to land in the Illinois territory and providing for their within the
act reserved
location," passed the sixteenth day of April, in the year one. thousand trba rsection of
eight hundred and fourteen, be allowed until the first day-of Novem- act of 16th
ber, one thousand eight hundred and'twenty, to register the same. April, 1814, &e.
Act of 1814,
and the said claims shall be receivable in payment for public lands ch. 61.
within the said reserved tract, conformably with the provisions of the Claims to be
said act, and of the act, entitled " An act making further provision for ecvable,.
settling claims to land in the territory of Illinois," passed the twenty- Act of 1816,
sixth day of April, one thousand eight hundred and sixteen, at any ch. 101.
time before the first day of November, one thousand eight hundred
and twenty.
APPROvED, May 15, 1820.
STATuT1. L
CnAP. CXVIII. -An Act in addition to the act, entitled "AAn ad making appro- May 15, 1820.
priationsfor the support of government for the year one thousand eight hundred
and twenty," and for other purposes.
Be it enacted by the Senate and House of Representatives of the Act of April
United States of America, in Congress assembled, That the following 11, 1820, ch. 40.
sums be, and the same
sums are hereby, appropriated, that is to say: Sums appro-
propriaed-
For compensation granted by law to the members of the Senate and For compen-
House of Representatives, in addition to the appropriation heretofore sation of meml-
made fo r that object, twenty-three thousand three hundred and forty bers of Congress.
dollars.
For public
For rebuilding the public whaf, and repairing the public warehouses, wharf, &c. on
on Staten Island, fifteen thousand dollars. Staten Island.
For graduating the Capitol square, putting the grounds in order, and For eraduating
planting trees within the same, two thousand dollars. planlitr., square,
Capitol trees,
VoT.. 1I1. - 76 3E &C.

602 SIXTEENTH CONGRESS. Sass. I. Cii. 119, 121 1,22.- 1820.
SEC. 2. And be it further enacted, That the several appropriations

hereinbefore made, shall be paid out of any moneys in the treasury not
SEc. 3. And be it further enacted, That the arrearages of the Depart-
Arrearages. ment of War, from the first of July, one thousand eight hundred and
fifteen, to the first of July, one thousand eight hundred and seventeen,
be paid out of the sum of one hundred hnd fifty thousand dollars already
appropriated for arrearages prior to the first of July, one thousand eight
Act of May I, hundred and fifteen; any thing in the act entitled "1An act in addition
1820, ch. 52. to the several acts for the establishment and regulation of the Treasury,
War, and Navy Departments," passed the first of May, one thousand
eight hundred and twenty, to the contrary notwithstanding.
APPROVED, May 15; 1820.
STATUTE 1.
May 15, 1820. CHAP. CXIX.- An Aet to provide for the building an addition to the custom-
house now erecting in the city of N~ew Orleans, for the use of the district court
of the United States for the state of Louisiana.
Be it enacted by the Senate and House of Representatives f the
United States of America, in Congress assembled, T-hat the Secretary
An built to the of the Treasury cause to be built an addition to the custom-house nov
custom-house at erecting in the city of New Orleans, which shall contain rooms suitable
New Orleans. for the use of the district court of the United Siates for the state of
Louisiana; and that so much of the appropriation for the erection of
custom-houses and public warehouses as shall be sufficient for that pur-
pose, be, and the same is hereby declared to be, applicable to that object.
When the SEC. 2. And be it further enacted, That, as soon as the said building
new building is shall be completed, the Secretary of the Treasury shall be authotized
completed, the and required to cause to be sold, at public sale,-upon such terms, and
present house
and lot, &c. in such manner, ashe shall judge to be expedient, the bouse and lot in
are to be sold, which the district court is now held, and to cause the amount for which
&c. they shall be sold to be paid into the treasury of the United States.
STATUTE I.
May 15, 1820. CHAP. CXXI. An Act to authorize the governor~of IlIygis to obtain certain
-.
abstracts of lands from certain public qoles.
The register Be it enacted by the Senate and House of Representatives of the
of the land of- United States of America, in Congress assembled, That it shall be the
fice at Vincen- duty of the register of the United States' land office at Vincenneg, in the
nes to furnish state of Indiana, to furnish to the governor of the state of Illinois, when
a complete ab-
stract of lands he shall apply for the same, a complete abstract of all the lands which
purchased
lying and have been purchased at that office, or which may hereafter be purchased,
&. in Illinois, which lie within the state of Illinois, designating the name of each pur-
Ten cents to chaser, and the time of making the purchase; for which he shall be
the register for entitled to receive, from such applicant, at the rate of ten cents for each
each enatry.
Proviso. separate entry, a copy whereof is required; Provided, however, That all
the expense incurred by virtue of this act, shall be defrayed by said state.
Secretary of SEc. 2. And be it further enacted, That it shall be the duty of the
the Treasury to Secretary of the Treasury, upon the -application of the governor of said
cause a coln-
pete abstract to state, to cause a complete abstract to be made out, for the use of said
be made out, ofst
military bounty state, of all the military bounty lands which have been patented to the
lands patented soldiers of the late army, lying within the same, designating the name
to soldiers, ly- of each patentee.
leg in Illinois. APPROVaD May 15, 1820.
STATUTE 1.
May 15, 1820. CHAP. CXXII. - An Act supplementary to an act, entitled " An act concerning
navigation."
Act of April Be it enacted by the Senate and Ho se of Representatives of the United
18, 1818, ch. 70.
After 30th " States of America, in Congress assembled, That, from and after the thir-

tieth day of September next, the ports of the United States shall be and Sept., 1220,
remain closed against every vessel owned wholly, or in part, by a subject ports of United
States closed
or subjects of his Britannic najesty, coming, or arriving by sea, from against British
any port or place in the province of Lower Canada, or coming or arri- vessels coming
ving from any port or place in the province of New Brunswick, the from Lower
Canada, New
province of Nova Scotia, the -islands of Newfoundland, St. Johns, or Brunswick, &c.
Cape Breton, or the dependencies of any of them, the islahds of Ber-
muda, the Bahama islands, the islands called Caicos, or the dependencies
of any of them, or from any other port or place in any island, colony,
territory, or possession, under the dominion of Great -Britain in-the
West Indies, or on the continent of America, south of the southern
boundary of the United States, and not included within the act to which
this act is supplementary. And every such vessel, so excluded from the Vessel and I
cargo forfeited
ports of the United States, that shall enter, or attempt to enter, the same, on attempting
in violation of this act, shall, with her tackle, apparel, and furniture, to- to enter.
gether with the cargo on hoard such vessel, be forfeited to the United
States.
Svc. 2. And be it further enacted, That from and after the thirtieth Bonds to be
day of September next, the owner, consignee, or agent, of every vessel, given by the
owner, &e. of
owned wholly, or in part, by a subject or subjects of his Britannic ma- British vessels,
jesty, which shall have been duly entered in any port of the United after 30th Sept.,
States, and on board of which shall have been there laden, for exporta- 1820, laden
with articles of
tion, any article or articles of the growth, produce, or manufacture, of the growth, &c.
the United States, other than provisions and sea stores, necessary for the of the United
voyage, shall, before such vessel shall have been cleared outward at States for ex-
portation, not
the custom-house, give bond in a sum double the value of such to land them in
article or articles, with one or more sureties, to the satisfaction of the prohibited
the collector, that the article or articles so laden on board such vessel, places.
for exportation, shall be landed in some port or place other than a
port, or place in any province, island, colony, territory, or possession,
belonging to his Britannic majesty, that is mentioned or described
in this act, or in the act to which this act is supplemetary. And Vessels and
every such vessel that shall sail, or attempt to sail from any port of articles forfeit-
ed for attempt-
the United States, without having complied with the provisions aforesaid, ing to sail be--
by giving bond as aforesaid, shall, with her tackle, apparel, and furniture, fore bond given.
together with the article or articles aforesaid, laden on board the same
as aforesaid, be forfeited to the United States: Provided, That nothing
herein contained shall be leemed or construed so as to violate any pro- Proviso.
vision of the convention to regulate commerce between the territories of
the United States and of his Britannic majesty, signed the third day of
July, one thousand eight hundred and fifteen.
Sac. 3. And be it further enacted, That from and after the thirtieth No goods,
day of September next, no- goods, wares, or merchandise, shall be im- wares, or mer.
chandisee to
ported into the United States of America from the province of Nova be imported
Scotia, the province of New Brunswick, the islands of Cape Breton, St. from the pro-
Johns, Newfoundland, or their respective dependencies, from the Ber- hibited places,
muda islands, the Bahama islands, the islands called Caicos, or either or except they are
wholly of the
any of the aforesaid possessions, islands, or places, or from any other pro- growth, &c.
vince, possession, plantation, island, or place, under the dominion of of the colony
Great Britain in the West Indies, or on the continent of America, south where laden
and whence di-
of the southern boundaries of the United States, except only such goods, rectly iinported.
wares, and merchandise, as are truly and wholly of the growth, produce,
or manufacture, of the province, colony, plantation, island, possession, or
place aforesaid, where the same shall be laden, ad from whence such
goods, wares, or merchandise, shall be directly imported into the United Vessel and
States; and all goods, wares, and merchandise, imported, or attempted goods forfeited
to be imported, into the United States of America, contrary to the pro- in case of im-
portations con-
visions of this act, together with the vessel on board of which the same trary o this act.
shall be laden, hor tackle, apparel, and furniture, shall be forfeited to the
United States.

604 SIXTEENTH CONGRESS. SEss. 1. CH. 123. 1820.
This act to be SEC. 4. And be it further enacted, That the form of the bond afore-
carried into ef-
feet as act of said shall be prescribed, and the-same shall be discharged, and all penal-
18th April, ties and forfeitures, incurred under this act, shall be sued for, recovered,
1818, ch. 70. distributed, and dcoounted for, and the same may be mitigated, or remit-
ted, in the manner, and according to the provisions, of the act to which
this act is supplementary.
STATUTE I.
May 15, 1820. CHAP. CXXlIl.--#n .&t to authorize the appointment of commissioners to lay
- out the road therein mentioned. (a)
Whereas, by the continuation of the Cumberland road from Wheeling
in the state of Virginia, through the states of Ohio, Indiana, and Illi-
nois, the lands of the United States may become more valuable-
Be it enacted by the Senate and House of Representatives of the United
The President States of America, in Congress assembled, That the President of the
to appoint three United
commissioners, States be, and he is hereby, authorized to appoint three impartial
djuiosben
not citizens of and judicious persons, not being citizens of any of the states aforesaid,
Ohio, Indiana, to be commissioners, and, in case of the death or resignation of any of
or Illinois, to them, to appoint other and like persons in their place, who shall -have
examine the
country be- power carefully to examine the country, between Wheeling, in the state
tween Wheel- of Virginia, and a point on the left bank of the Mississippi river, to be
ing and a point chosen by said commissioners, between St. Louis and the mouth of the
on the Missis- Illinois and to out a road from hto the
sippi, &e. and river, lay Wheeling aforesaid, point
lay out a road. so to be chosen on the left bank of the river Mississippi; the said road
to be on a straight line, or as nearly so as, having a due regard to the
condition and situation of the ground and water-courses over which the
Surveyors, same shall be laid out, shall be deemed expedient and practicable. And
chain-bearers, said commissioners shall have power to employ able surveyors, chain-
&c. bearers, and other necessary assistants, in laying out said road ; and so
Lands for the
road reserved much of the lands of the United States as may be included within the
from sales, same, shall be, and is hereby, reserved and excepted from the sales of
Road to be the public lands. The said road to be eighty feet wide, and designated
80 feet wide, by marked trees, stakes, or other conspicuous monuments, at the distance
&c. of every quarter of a mile, and at every angle of deviation from a straight
A plan of the line. And the said commissioners shall cause to be made, and delivered
road to be made
out. to the President of the United States, an accurate plan of said road,
so laid out by them as aforesaid, with a written report of their proceed-
ings, describing therein the state lines crossed, and the marks, monuments,
courses, and distances, by which the said road shall be designated; de-
scribing also, the water-courses, and the nature and quality of the ground
Roads to be over which the same shall be laid out; they shall, moreover, divide said
divided into
sections, with road into sections of not more than ten, nor less than five, miles long,
notice of ma- noticing the materials that may be used in making, and giving an
terials for mak- estimate of the expense of making, each section of the road afore-
ing each, and
expense. said.
Commissioners, SEc. 2. And be it further enacted,That the commissioners, surveyors,
&c. to take an chain-bearers, and other necessary assistants, to be appointed in pursuance
oath. of this act, shall severally take an oath, or affirmation, faithfully and dili-
gently to perform their respective duties, and shall receive, in full com-
Compensation. pensation for their services and expenses, each commissioner six dollars,
each surveyor three dollars, and each other necessary assistant one dol-
lar, for each day in which they shall be necessarily employed in the ser-.
plroiiso. vice aforesaid: Provided -always, and it is hereby enacted and declared,
That nothing in this act contained, or that shall be done in pursuance
thereof, shall be deemed or construed to imply any obligation on the
part of the United States to make, or to defray the expense of mak.
ing, the road hereby authorized to be laid out, or of any part thereof
(a) For the acts of Congress relating to the Cumberland road, see vol. ii. p. 357.

SIXTEENTH CONGRESS. Snss. L Cm. 125, 126. 1820.
SEe. 3. And be it further enacted, That ten thousand dollars, to be 10,000 dolls.
paid out of any money in the treasury not otherwise appropriated, be, appropriated
fr laying out
and are hereby, appropriated to defray the expense of laying out the road the road.
aforesaid.
STATUTE t.
CHAP. CXXV.-n &t for the relief of the inhabitantsof the tillage f Peoria, May 15, 1820.
in the state of ilinois. 1823, ch. 68.
Be it enacted by the Senate and House of Representativesof the United Persona claim-
ing lots in Peo-
States of America, in Congress assembled, That every person, or the ria to deliver
legal representatives of-every person, who claims a lot or lots in the village notice in
of Peoria, in the State of Illinois, shall,'on or before the first day of writing to the
register at Ed-
October next, deliver to the register ,of the land office, for the district of wardsville, be-
Edwardsville, a notice, in writing, of his or her claim; and it shall be fore Oct. 1,
the duty of the said register to make to the Secretary of the Treasury a 1820.
report of all claims filed with the said register, with the substance of Register to
report to the
the evidence in support thereof; and also his opinion and such remarks Secretary of the
respecting the claims as. he may think proper to make; which report, Treasury.
together with a list of the claims which, in the opinion of the said Report, &c.
to be laid be-
register, ought to be confirmed, shall be laid by the Secretary of the fore Congress.
Treasury before Cbngress for their determination. And the said register
shall be allowed twenty-five cents for each claim 6a which a decision
shall be made, whether such decision shall be in favour or against the
claims; which allowance shall be in full for' his services under this act.
STATUTE I.
CHP. GXXVI.--JAn Set to impose a new tonnge duty on French ships and May 15, 1820.
vessels. [Repealed.)
3, 1815, ch. 77.
States of America, in Congress assembled, That, in lieu of the tonnage Act of March
duty now paid on French ships or vessels, there shall be pAul a duty O4 3, 1821, ch. 46.
eighteen dollars per ton, on all French ships or vessels winch shall be Act of May
6, 1822, ch. 56.
entered in the United States, any act to the contrary notwithstanding : Act of March
Provided,however, That nothing contained in this act, shall be so con- 3, 1823, ch. 25.
strued as to prevent the extension of the provisions of the act, entitled Eighteen
dollars per ton
"An act to repeal so much of the several acts imposing duties on the on French
tonnage of ships and vessels, and on goods, wares, and merchandise, im- ships or vessels,
ported into the United States, as imposes a discriminating duty on ton- in lieu of pre-
sent duty,
nhge- between foreign vessels and vessels of the United States, and be-
tween the goods imported into the United States in foreign vessels, and
vessels of the United States," to French ships or vessels, and the goods
imported therein, whenever the government of France shall accede to
the provisions of the act above referred to.
SEC. 2. And be it further enacted, That the tonnage dity laid, and The duty to
directed to be paid, by this act, shall he collected and paid according to be collected
according to act
the provisions of the act, entitled "An act to regulate the collection of of 2d March,
duties on imports and tonnage," passed tie second day of March, one 1799, ch. 22.
thousand seven hundred and ninety-nine.
SEC. 3. And be it further enacted, That this act shall commence, and This act in
be in force, from and after the first day of July, one thousand eight hun- force from 1st
July, 1820.
dred and twenty.
3n2

606 SIXTEENTH CONGRESS, SESS. I. Cu. 127, 131, 132, 133. 1820.
STAT TV 1.
May 15, 1820. CHAP. CXXVI.-sn .2ct to provide for the expense of surveying certain parts
of the coast of North Carolina,and for other purposes.
5000 dollars Be it enacted by the Senate and House of Representatives of the United
appropriated for States of America, in Congress assembled, Tat,for carrying into effect
surveying cer-
tainparts ofthe a resolution directing a survey of certain parts of the coast of North
coast of North Carolina, passed on the nineteenth day of January, in the year one thou-
Carolina. sand eight hundred and nineteen, the sum of five thousand dollars be,
and the same is hereby, appropriated, to be paid out of any unappropria-
ted money in the treasury.
Appropriation SEc. 2. And be it further enacted, That the sums respectively ne-
of sums to pay cessary to carry into effect the "Act for the relief of certain persons
persons who
paid dutis o who have paid duties on certain goods imported into Castine," approved
goods at Cas- the eleventh day of April, in the present year, and also the "Act for the
tine, and for relief of Walter Channing," approved the eleventh day of April aforesaid,.
relief of W. shall be paid out of any moneys in the treasury not otherwise appro-
Channing.
1820, oh. 42. priated.
APPROVED,May 15, 1820.
STATUTE I.
May 15, 1820. CHAP. CXXXI.-An dct to continue in force the act, entitled "An act to provide
for reports of the decisions of the Supreme Court," approved the third ofMarch,
one thousand eight hundred and seventeen. (a)
A~ .C r O
March, 1817, Be it enacted by the Senate and House of Representatives of the United
ch. 63, continu- States of America,. in Congress assembled, That the act, entitled "An
ed for three act to provide for reports of decisions of the Supreme Court," approved
years.
Act of Feb. the third day of March, one thousand eight hundred and seventeen, be,
22, 1827, ch. 18. and the same is hereby, continued in force for three years and no
Act of August
29, 1842, ch. longer.
264. APPROVED, May 15, 1820.
STATUTE 1.
May 15, 1820. CHAP. CXXXII.--in .Set to amend the act, entitled ".4n act to amend the act
allthorizingthe employment of an additional naval force."
Second see. Be it enacted by the Senate and House of Representatives of the United
of the act of
31st Jan., 1809,
States of America, in Congress assembled, That the second section of
ch. 11, amend- the act, entitled "An act authorizing the employment of an additional
ed- naval force," passed on the thirty-first day of January, eighteen hundred
and nine, be, and the same is hereby, amended, so far as to authorize
So as to au- the enlistment of able seamen, ordinary seamen, and boys, during the
thorize enlist-
ments for the continuance of the service or cruise for which they shall be enlisted ; not,
service or the however, to exceed the period of three years.
cruise. APPROVED, May 15, 1820.
STATtUF- I.
May 15, 1820. CHAP. CXXXIII.-an Sct to provide for repairing the rof of the generalpost-
q7ce, and to procure an engine for the protection of said building.
The Post-
master General Be it enacted by the Senate and House of Representativesof the United
to cause the States of 4merica, in Congress assembled, That the Postmaster General
roof of the be, and he hereby is, directed to cause the roof of the general post-office
building to be
repaired and to be repaired and covered with slate; and also to procure and keep, for
slated, 'and to the protection of said building, an engine and apparatus for extinguish-
procure a fire ing fire, and to cause to be built a suitable house for the safe keeping of
engine.
such engine.
(a) See notes to the act of March 3, 1817, ch. 63.

SIXTEENTH iCONGRESS. SEss. I. Cu. ,11 135, 13& 1820.
SEc. 2. And be it further enacted, That there be, and there is hereby, 6020 dollars
appropriated
appropriated, to be paid out of the moneys arising from the postage of for the objects,
letters and packets, such. sum as may be necessary for the purposes afore- out of postages.
said, not exceeding six thousand and twenty dollars.
APPROVED, May 15,1820.
STATUTE I.
CH&P. CXXXIV.--dn et to increase tk number tf clerks in the Djartment qf May 15, 1820.
war.
[Expired.]
Be it eracted by the Senate and House of Representativesof the United The Secretary
of War autho-
States of America, in Congress assembled, That the Secretary of the rized to employ
Department of War be, and he is hereby, authorized and empowered to six additional
employ six additional clerks in his Department; and that the sum of six clerks,
thousand dollars be, and the same is hereby, appropriated, for their com- 6000 dollars
appropriated
penpation; to be paid out of any money in the treasury, not otherwise tr their com-
appropriated. This act to continue in force for one year, and no pensation.
This act in
longer. force for a
APPROVED, May 15, 1820. year.
STATUTE I.
CHAP. CXXXV.-An Jct granting to the state of Ohio the right of pre-ention May 15, 1820..
to certainquarter sections of land.'
Be it enacted by the Senate and House of Representatives of the United Right of pre-
emption at min-
States of America, in Congress assembled, That there be granted to the imum price, to
state of Ohio, at the minimum price for which the public lands re sold, one quarter sec-
the right of pre-emption to one quarter section, in or near the centre of tion, in the ben-
tre of each
each county, included in the purchase recently made of the Indians, by county, in the
the treitty concluded at St. Mary's, on the twentieth day of September, purchase by the
one thousand eight hundred and eighteen, for the establishment of a seat Indian treaty of
St. Mary's
of justice in the said counties: Provided, The purchase be made before granted to Ohio,
the commencement of the public sales: And provided also, That the for a seat ofjus-
proceeds of the sale of each quarter section, which may-be made under tice.
Proviso.
the authority of the state of Ohio, shall be appropriated for the purpose
of erecting public'buildings in said counties, respectively, after deducting
therefrom the sums originally paid by the state aforesaid: And provided
further, That the seat of justice for said counties, respectively, shall be.
fixed on the lands so selected.
STATUTE I.
CH"u. CXXXV.--An Act to amend "4 qn act making reservationof certainjublic May 15,1920.
lands for naval purposes," passed first March, one thousand eight hundred
and seventeen.
Be it enacted by the Senate and House of Representatives of the United Act of 1st
March, 1817,
States of America, in Congress assembled, That, so much of the first eh. 22.
section of the act of Congress passed on the first day of March one Power of the
A n Secretary ofthe
thousand eight hundred and seventeen, entitled "1 act making reserva- Navy toajpoint
tion of certain public lands for naval purposes," as empowers the Secre- agents and sur-
tary of the Navy to appoint an agent or agents and surveyor, be, and the veyor, repeal-
same is hereby, repealed; and the duties and the services required by ed.
Duties to be
said seetion be performed in future by such surveyors of public lands as performed b5
may be designated by the President.of the United States. surveyors of
APPROVED, May 15, 1820. public lands.

SIXTEENTH CONGRESS. SEiss. I. ,C. 137. REs. 1. 1820.
STATUTE I.
May 15, 1820. CHAP. CXXXVIL-n ,8ct making appropriationsfor carrying iito efect the
treaties concluded with the Chip'pewa and Kickapoo nations of Indians.
Appropriation Be it enacted by the Senate and House of Representativesof the United
tor carrying States of America, in Congress assembled, That for the purpose of
into effect thecarrying into effect the-stipulation contained in the fourth article of the
4th article of
the treaty withtreaty concluded between the United States and the Chippewa nation of
the Chippewas Indians, on the twenty-fourth of September, one thousand eight hundred
of Sept. 24th, and nineteen, and which was. ratified by the President of the United
1819. States, by and with the advice and consent of the Senate, on the twenty-
fifth day of March, one thousand eight hundred and twenty, there be, and
hereby is, appropriated the sum of one thousand dollars, to be paid in
silver, annually, forever, to the said Chippewa nation.
Further ap- SEc. 2. And be it further enacted, That there be, and hereby is,
propriation. appropriated, the sum of two thousand dollars, to carky into effect any
other stipulations contained in the said treaty.
SEC. 3. And be it further enacted, That, the sums herein appropriated
be paid out of any moneys in the treasury, not otherwise appropriated.
For carrying SEc. 4. And be it further enacted, That for the purpose of carrying
into effect the into effect the stipulations contained in the third article of the treaty
3d article of the
treaty with the concluded between the United States and the tribe of Kickapoo Indians,
Kickapoos, of of Vermilion, on the thirtieth day of August, one thousand eight
Aug. 30th, hundred and nineteen, and which was ratified by the President of the
1819. United States, by and with the advice and consent of the Senate, on the
tenth day of May, one thousand eight hundred and twenty, there be, and
2000 dollars is hereby, appropriated the sum of two thousand dollars, to be paid
apprqpriated
annually, for
annually, for ten years, out of any money in the treasury, not otherwise
ten years. appropriated.
RESOLUTION.
Dec. 14, 1819. I. RESOLUTIoN declaring the admission of the state of .8labama into the Union.
Act of March WHEREAS, in pursuance of an act of Congress, passed on the second
2, 1819, ch. 47. day of March, one thousand eight hundred and nineteen, entitled "An
act to enable the people of the Alabama territory to form a constitution
and state government, and for the admission of such state into the Union,
The people on an equal footing with the original states," the people ofthe saidterritory
of Alab ina did, on the second day of August, in the present year, by a convention
have formed a called for that purpose, form for themselves a constitution and state
constitution and
state govern- government, which constitution and state government, so formed, is re-
ment, &c. publican, and in conformity to the principles of the articles of compact
between the original states and the people and states in the territory
north-west of the river Ohio, passed on the thirteenth day of July, one
Vol. i. 61. thousand seven hundred and eighty-seven, so far as the same have been
extended to the said territory by the articles of agreement between the
United States and the stiite of Georgia:-
Alabama ad- Resolved by the Senate and House of Representatives of the United
mitted into the States of America, in Congress assembled, That the state of Alabama
Union on an
qith footing shall be one, and is hereby declared to be one, of the United States of
with the origi- America, and admitted into the Union on an equal footing with the
nal states.., original states, in all respects whatever.
APPRoVwD, December 14, 1819.

SIXTEENTH CONGRESS. SEss. L REs. 2, 3,4, 5. 1820. 609
I1. RESOLUTION for the furthe'distributionof the journalof the convention which Jan. 19, 1820.
formed the Constitutionof the United States.
Resolved by the Senate and House of Representatives of the United The Secretary
of State to fur-
States of America, in Congressassembled, That the Secretary of State be nish each mem-
instructed to furnish to each member of the present Congress and the bpr ofCongress,
delegates from territories, (who may not be entitled to the same, under nt entitled by
resolution of
the resolution of Congress of the twenty-seventh of March, one thousand 27th March,
eight hundred and eighteen,) the President and Vice President of the 1818, the Presi-
United States, the executive of each state and territory, the attorney dent, Vice-
President, &c.
general and judges of the courts of the United States, and the colleges with copies of
and universities in the United States, each one copy; for the use of each the journal,
of the departments, viz: State, Treasury, War, and Navy, two copies &c. of the Fed-
eral conven-
each; for the use of the Senate, five copies; and for the use of the House tion.
o( Representatives, ten copies of the volumes containing the journal, acts
and proceedings of the convention which formed the present Constitution
of the United States ; and that the residue of the copies of said journal
be deposited in the library of Congress, for the use of the members.
ArPPRovED, January 19, 1820.
Ill. RESOLUTION to authorize the publication of part of the secret journalof April 21, 1820.
Congress, under thA articles of confederation.
Resolved by the Senate and House of Representatives of the United The secret
States of America, in Congress assembled, That the secret journal, to- journal, pa-
pers, &c. ofthe
gether with all the papers and documents connected with that journal, old Congress,
and all other papers and documents heretofore considered confidential, of heretofore con-
the old Congress, from the date of the ratification of the definitive treaty sidered confi-
dential, from
of peace between the United States and Great Britain, in the year one the year 1783
thousand seven hundred and eighty-three, to the formation of the present to the year
government, now remaining in the office of the Secretary of State, be 1789, to be pul
lished, under
published under the direction of the President of the United States, and the direction ox
that a thousand copies thereof be printed and deposited in the library, the President,
subject to the disposition of Congress. and 1000 copies
printed, &c.
ApptOVD, April 21, 1820.
IV. RE sLUTION for the distribution of certain copies of the journal of the May 8, 1820.
convention whichformed the Constitution.
States of America, in Congress assembled, That the Secretary of State be, of State to trans-
mit a copy of
and he is hereby, directed to transmit one copy of the journal of the the Journal to
Federal convention at Philadelphia, in one thousand seven hundred and each of the sur-
eighty-seven, which formed the Constitution of the United States, to viving members
of the Conven-
each of the members, now alive, of the said conventiom. tion.
V. RESOLUrON giving the consent of Congress to a compact concluded between the May 12, 1820.
states of Kentucky and Tennessee, for the settlement of their boundary line.
Resolved by the Senate and House of Representatives of the United The consent
States of America, in Congress assembled,That the c'onsent of Congress of Congress
given to the
be, and the same is hereby, given to a compact or agreement, made and be-
a.compact
conclded, by and between the states of Kentucky and Tennessee, at tweed Ken-
Frankfort, in Kentucky, on the second day of February, one thousand tucky and Ten-
eight hundred and twenty, to adjust and establish the boundary line be-
nesee.
tween them, and for other purposes,
APPROv D, May 12, 1820.
VOL. III.-77

ACTS OF THE. SIXTEENTH CONGRESS
o0 VW
UNITED STATES,
Passed at the kecbnd session, which was begun and held at the City of
Washington, in the District of Columbia, on Monday the thirteenth
day of November, 1820, and ended on the third day of March, 11.
JAESs MONROE, President; DANIEL D. TOMPKINS, Vice President of the

United States and Pregident of the Senate; JoHN GAILLARD, President
of the Senate pro tempore; JOHN W. TAYLOR, Speaker of the House
of Representatives.
STATUTE IT.
Nov. 27, 1820. CHAP. 1.-dn klct to alter the terms of the district court in S2labama. (a)
First session Be it enacted by the Senate and House of Representativesof the United
to he holden' at S
Mobile, 3d' States of America, in Congress assembled, That the first session of the
Monday of Feb. district court for the district of Alabama, shall be holden at Mobile, on
921. the third Monday of February, eighteen hundred and twenty-one; and
Stated see- thereafter, the stated sessions of said court, instead of the times .hereto-
AiOns at Mobile fore appointed, shall be holden, annually, as-follows: At Mobile, on the
and Cehawba. first -Mondays of January and June; and at Cahawba, oh the first
Mondays of April and November; any law to the contrary notwith-
standing.
Process re- SEc. 2. And be it further enacted, That all process which may have
turnable ac- issued, or may hereafter issue, returnable to the next succeeding terms, as
cordingly. heretofore established, shall be held returnable, and be returned, to those
terms to which they are severally changed by this act.
But one clerk SEC. 3. And be it further enacted, That there shall be but one clerk
and one set of for the district, who shall keep only one set of records, any law to the
records,.h contrary itit h hl epol
notwithstanding.
oesto eodayJwt h
APPROVED, November 27, 1820,
STATUTE II.
Dec. 12, 1820. CHAP. I.-An Sct to provide for paying to the state of Illinois three per cent. of
the net proceeds arisingfrom the sale of the public lands within the same.
The Secreta- Be it enacted by the Senate and House of Representatives of the United
ry of the Trea-
sury to pay
States of America, in Congress assembled, That the Secretary of the
three per cent. Treasury shall, from time to time, and whenever the quarterly accounts
of the net proof public moneys of the several land offices shall be settled, pay three
ceeds of public
lands sold in II- per cent. of the net proceeds of the lands of the United States, lying
linois after 1st within the state of Illinois, which, since the first day of January, one
Jan., 1819, to thousand eight hundred and nineteen, have been, or hereafter may be,
the agent of the
state, sold by the United States, after deducting all expenses incidental to the
same, to such person or persons as maybe authorized by the legislature
(a) See notes to the "Act to establish a district court in the state of Alabama," April 21, 1820, ch.
47, Cor a reference to the acts which have been passed relating to the district court of Alabama.
610

SIXTEENTH CONGRESS. SESS. II. CH. 3,6. 1821.
To he applied
of the said state to receive the same; which sums, thus paid, shall be for the encou-
applied to the encouragement of learning within said state, in conformity ragement of
to the provisions on this subject, contained in the act, entitled "An act to learning.
Act of April
enable the people of the Illinois territory to form a constitution and state 18, 1818, ch. 67.
government, and for the admission of such state into the Union on an
equal footing with the original states," approved April eighteenth, one Annual ac-
thousand eight hundred and eighteen, and to no other purpose; and an count of the
application of
annual account of the application of the same shall be transmitted to the the moneys to
Secretary of the Treasury, by such officer of the state as the legislature be transmitted
thereof shall direct; and in default of such return being made, the Secre- to the Secreta-
tary of the Treasury is hereby required to withhold the payment of any ry of the Trea-
sury, or pay-
sums that' may then be due, or which may thereafter become due, until ment may be
a return shall be made, as herein required. withheld.
. APPROVED, December 12, 1820. 1831, ch. 2.
STATUTE II.
CHAP. II.--n Act to amend the act, entitled "A2n act to alter the times of the Dec. 29, 1820.
session of the circuit and district courts in the Districtof Columbia."
Act of May
Be it enactedby the Senate and House of Representatives of the United 11, 1820, ch.93.
States of America, in Congress assembled, That the act, passed on the The act of
eleventh day of May last, to alter the times of the session of the circuit 1lth May, 1820,
to have fall
and district courts in the Disticz of Columbia, instead of being limited effect from the
to take effect on the first day of January next, shall have full operation date of this
and effect from and after the passing hereof; and that all the writs and act.
Writs and
process of the circuit court of the District of Columbia, for the county process to be
of Washington, shall be returned and continued in like manner as if the returned and
said act had taken effect from and after the thirtieth day of July last. continued ac-
APPROVED, December 29, 1820. cordingly.
STATUTE H.
CaH". VI.-!n Act to alter the time of kelding the district court in the district of Jan. 11, 1821.
Mississop. (a)
Be it enacted by the Senate andHouse of Representatives of the United The regular
terms to be
States of America, in Congress assembled, That the district court, in holden only on
the district of Mississippi, heretofore holden on the first Mondays in the 1st Monday
May and December, shall hereafter hold its regular terms only on the in January and
first Monday in January and July; any law to the contrary notwithstand- July.
ing.
S c, 2. And be it further enacted, That every writ, process, subpcuna, Writs, pro-
or recognisance, returnable, according to law, or the tenor thereof, to cess, &c., to be
returned ac-
either of the aforesaid terms, holden on the first Mondays in May and cordingly.
December, shall be returnable to the next succeeding term of said court,
to be holden on the first Monday in January and July.
APPROVED, January 11, 1821.
(a) The acts relating to the district courts in Mississippi aret
An act to provide for the due execution of the laws of the United States, within the state of Mis-
sissippi, April 3, 1818, ch. 29.
An act to alter the time of holding the district court in the state of Mississippi, Jan. 11, 1821, oh. 6.
An act to change the time of holding the court of the United States for the district of Mississippi,
and the circuit court of the United States in the district of Ohie, May 5, 1830, ch. 89.
An act to change the place of holding the district court of the United States for the district of Missis-
sippi, March 3, 1835, oh. 34.
An act to reorganize the district courts of the United States, in the state of Mississippi, June 18, 1838,
eh. 115.
Acts of 1822, ch. 32; 1839. ch. 27.

612 SIXTEENTH CONGRESS. Sas. IL Cu. S, 11,12. 1821.
STATrT IL
Jan. 17, 1821. CHAP. VIII.-Sn Set maling a partialappropriationfor the military -serviceof
[Obsolete.] the United &atesfor the year an thousand eight hundred and twentv-one.
Sums appro- Be it enacted by the Senate and House of Representatives of the United
priated,- tates of America, in Congress assembled, That the following sums be,
and they are hereby, appropriated, on account of the military service for
the year one thousand eight hundred and twenty-one, to wit:
For subsist- For subsistence of the army of the United States, one hundred and
ence. fifty thousand dollars.
Arrearages. For arrearages on the settlement of outstanding claims, twenty thou-
sand dollars.
Quartermas- For the quartermaster's department, one hundred and fifty thousand
ter's depart- dollars.
meat. SEC. 2. And be it further enacted, That the said sums be paid out of
any moneys in the treasury, not otherwise appropriated.
STATUTE IL
Feb. 9, 1821. CHAr. X.-Sn Act to extend the time for locating Virginia military land
[Obsolete.] warrants, and returningsurveys thereon to the general land office. (a)
Time allowed
until 4th Jan., Be it enacted by the Senate and House of Representatives of the United
1823, to obtain States of America, in Congress assembled, That the officers and soldiers
warrants and of the Virginia line on continental establishment, their heirs or assigns,
complete loca- entitled to bounty lands within the tract of country reserved by the State
tions; and until
4th Jan., 1826, of Virginia, between the little Miami and Sciota rivers, shall be allowed
to return sur- a further time of two years, from the fourth day of January, one thousand
veys and war- eight hundred and twenty-one, to obtain warrants and complete their
rants to procure
patents. locations, and the further time of four years, from the fourth day of Jan-
uary, one thousand eight hundred and twenty-two, to return their sur-
veys and warrants, or certified copies of warrants, to the general land
office, to obtain patents.
SEc. 2. And be it further enacted, That the provisions of the act, en-
Act of March titled "An act authorizing patents to issue for lands located and sur-
3, 1807, ch. 31. veyed by virtue of certain Virginia resolution warrants," passed the third
The provisions
of the act of 3d day of March, one thousand eight hundred and seven, shall be revived
Maicb, 1807, and in force, with all its restrictions, except that the respective times
revived, with allowed for making locations, and returning surveys thereon, shall be
limitation, as to
time, as in the limited to the terms prescribed by the first section of this act, for the lo-
preceding sec- cation and return of surveys on other warrants, and that the surveys shall
tion, &c. be returned to the general land office: Provided, That no locations as
Proviso; no
location on aforesaid, in virtue of this or the preceding section of this act, shall be
-tracts previous- made on tracts of land for which patents had previously been issued, or
ly patented or which had been previously surveyed; and any patent which may, never-
surveyed.
theless, be obtained for land located contrary to the provisions of this
act, shall be considered null and void.
APPROVED, February 9,1821.
STATUTE 1I.
March 2, 1821. CHAP. XII.-Sn Act for the relief of the purchasers of public lands prior to the
first day of July, eighteen hundred and twenty. (b)
Lands pur-
chased prior to Be it enacted by the Senate and House of Representativesof the United
1st July, 1820, States of America, in Congress assembled, That in all cases where lands
(a) Acts relating to Virginia resolution land warrants, and sale of lands north-west of the river Ohio,
vol. i. 464.
(b) Act of March 3, 1819, ch. 92. Act of April 24, 1820, ch. 51. Act of March 3, 1823, ch. 57. Act
of May 18, 1824, oh. 88. Act of May 4, 1826, oh. 34. Act oftApril 20, 1822, oh. 30.

SIXTEENTH CONGRESS. Sss. I. CH.12. 1821. 613
have been purchased from the United States, prior to the first day of July, and not wholly
and twenty, it shall be lawful for any such purchaser,
eighteen hundredeihtenrelinquished palidfor, maybe
by
or other person or persons, being the legal holder of any certificate or the legal holder
certificates of land, on or before the thirtieth day of September, eighteen Of the Certifi-
hundred and twenty-one, to file, with the register of the land office, in. cate
ice, filing a no-
in writing,
where any tract of land has been purchased, a relinquishment, inwriting, with the regis-
of any section, half section, quarter section, half quarter section, or legal ter, &c.
subdivision of any fractional section, of land so purchased, upon which the
w'hole purchase money has not been paid, and all sums paid on' account Sums paid on
of the part relinquished, shall be applied to the discharge of any instalments account of the
which may be, or shall hereafter become, due and payable upon such part relinquish-.
land, so purchased, as shall not have been relinquished, and shall be so to to
ed be applied
discharge in-
applied and credited as to complete the payment on some one or more stalments due
half-quarter sections where the payments by transfer are sufficient for that on lands not re-
purpose: Provided, That all divisions and subdivisions, contemplated linquished.
by this act, shall be made in conformity with the first section of an act 1820, ch. 51.
making further provision for the sale of public lands, passed the twenty-
fourth day of April, one thousand eight hundred and twenty: And, pro- Proviso.
vided, also, That the right of relinquishment hereby given shall, in no
case, authorize the party relinquishing to claim any repayment from the
United States: And, provided, also, That where any purchaser has pur- Proviso.
chased, at the same time, two or more quarter sections, he shall not be
permitted to relinquish less than a quarter section.
SEC. 2. And be it further enacted, That the interest which shall have Interest re-
accrued before the thirtieth day of September next, upon any debt to the mitted.
United States, for public land, shall be, and the same is hereby, remitted
and discharged.
SEC. 3; And be it furtlher enacted, That the persons indebted to the Debtors di-
UnitedStates, as aforesaid, shall be divided into three classes ; the first class vided into three
to include all such topersons as shall have paid to the United States only classes.
1st class.
one fourth part of the original price of the land by them respectively pur- 2d class.
chased or held; the second class to include all such persons as shall have
paid to the United States only one-half part of such original price; and 3d class
the third class to include all such persons as shall have paid to the
United States, three-fourth parts of such original price; and the debts of
the persons included in the first class shall be paid in eight equal annual Payment of
the debts by the
instalments ; the debts of the persons included in the second class shall respective
be paid in six equal annual instalments; and the debts of the persons in- classes, in in-
cluded in the third class shall be paid in four equal annual instalments, stalments.
Times of pay-
the first of which instalments, in each of the classes aforesaid, shall be ig the first in-
paid in manner following, to wit: of the third class, on the thirtieth day stalment.
of September next; of the second class, on the thirty-first day of Decem- anDebt to of6
interest bear
ber next; and of the first class, on the thirty-first day of March,one thou- per cent.per
sand eight hundred and twenty-two; and the whole of the debt aforesaid, annum.
shall bear an equal annual interest at the rate. of six per cent.: Provided Proviso.
always, That the same shall be remitted upon each and every of the in-
stalments aforesaid which shall be punctually paid when the same shall
become payable as aforesaid.
SEC. 4. And be it further enacted, That in all cases where complete Deduction of
payment of the whole sum due, or which may become due, for any tract 37. per ceqt.of
an payment
of land purchased from the United States, as aforesaid, shall be made on the whole su
or before the thirtieth dAy of September, one thousand eight hundred and due Sept. 30,
twenty-two, a deduction at the rate of thirty-seven and a half per cent- 1822.
um, shall be allowed upon the sum remaining unpaid: Provided,That Proviso.
nothing herein -contained shall authorize any discount upon payments
made by a transfer of former payments under the provisions of the first
section of this act. Those who
SEC. 5. And be it further enacted, That each and every individual or have laidpart
"towns, off or
company that has laid off, on any lands by him or them purchased of the thewholeofthe
3F

014 $IXTEENTH CONGRESS. Sas, H. Cu. 12. 1821.
lots whereof United States, any town, a part or the whole of the lots whereof have
baeen sold,been sold, shall be, entitled to the benefits of this act in relation to any
the benefits of half quarter, or quarter section of laud, on which such town may be situ-
this act. ated, and of all land by him or them owned, contiguous to, and adjoin-
ing said half quarter, quarter section, or section, on which said town-is
situated, upon condition only, that each and every person who has pur-
chased of him, or them, a town lot, or part of a lot, or land in and ad-
joining the same, shall be entitled to a remission of all interest that has
accrued, and to a discount of twenty per centum on the amount' unpaid,
and to discharge their debt by bonds, with security, in equal annual in-
stalments of four years from the thirtieth day of December next. Nor
Proviso. shall the provisions of this act be construed to extend to any person or
Act of Mareh persons claiming title to land under the provisions of an act passed the
3, 1817, ch. 61. third day of March, one thousand eight hundred and seventeen, entitled
"An apt to set apart and dispose of certain public lands for the encourage-
ment 6f the cultivation of the vine and olive."
The lands are SEC. 6. And be it fzirther enacted, That, for failure to pay the
forfeited on fail- several debts aforesaid, in manner aforesaid, and for the term of three
ure to pay, &e. months after the day appointed for the payment of the last instalment
thereof, in each of the classes aforesaid, the land so purchased or held
by the respective persons indebted to the United States as aforesaid,
shall, ipso facto, become forfeited, and revert to the United States.
No person is SEc. 7. And be it further enacted, That no person shall be deemed
entitled to the to be included within, or entitled to, the benefit of any of -the provisions
benefit of thisof this act, who shall not, on or before the thirtieth day of September
act who does
next, sign, and file in, the office of the register of the land office of the
not file his writ-
ten consent be-district where the land was purchased, or where the residue of the pur-
fore Sept. 30, chase money is payable, a declaration i0 writing, expressing his consent
1821. to the same; and shall pay to the register, for receiving, recording, and
filing the same, fifty cents.
Duty of re- SEc. S. And be it further enacted, That it shall be, and hereby is
gisters an-re th
gstersar- made, the duty of the several registers and receivers of the land offices
of the United States, according to the forms and instructions which shall
be given in that behalf by the Treasury Department, to assist in carry-
ing this act in[to] execution, to keep full and faithful accounts and
Report to be records of all proceedings under the same; and, within the term of
made to the three months after the said thirtieth day of September next, to transmit
treasury depart- to the. said department a correct report of the quantity of land relinquish-
ment three
months after ed to the United States; the quantity on which full payment shall have
the 30th Sept., been made; and the quantity on which a further credit shall have been
1821. given, distinguishing the amount of the debt. on which a further credit
Fees to the shall have been allowed; and the registers and receivers, respectively,
xegister and re- shall be entitled to receive fifty cents from the party relinquishing, for
ceiver. each half quarter section, quarter section, half section, section, or legal
No lands pur- subdivision of a fractional section, so relinquished.
chased prior to SEC. 9. And be it further enacted, That no lands purchased from the
Ist of July, United States on or before the first day of July, eighteen hundred and
1820, not
ready al-
forfeited, twenty, which are not already forfeited, shall be considered as forfeited to
to be forfeited the government, for failure in completing the payment thereon, until the
befbre Sept. said thirtieth day of September next; and all the lands which shall be
18l
ns relinquished to the United States, as aforesaid, shall be deemed and held
quished to be tobe forfeited, and, with all other lands which nfay become forfeited un-
deemed forfeit- der this act, shall be sold according to the provisions of the act, entitled
ed. "An act making further provision for the sale of the public lands," passed
24,8,ch. the twenty-fourth day of April, eighteen hundred and twenty.
rl
Lands sur- SEc. 10. And be it further enacted, That no land which shall be sur-
rendered not to rendered under the provisions of this act, shall be offered for sale for the
be sold for two of two year thereof.
years after sur- term s after the surrender
render. APPROVED, March 2, 1821.

SIXTENTH CONGRESS. SEss I. C .-I3. 1821. 615
STATU IH.
CHAp. XIII.-.In Jc to redce and fix te military peace establishmert of the March 2, 182!.
United States.
Be it enacted by the Senate and House of Representativesof the United Act of April
States of America, in Congress assembled, That, from and after the first 14, 1818,.cl. 61.
we - Act of May
day of 'June neN, the military peace establishment of the United States 12, 820, ch. 97.
shall be composed of four regiments of artillery, and seven regiments of Military
infantry, with such officers of engineers, of ordnance, and of the staff, peace establish-
as are hereinafter provided for.
SEc. 2. And be it further enacted, That each regiment of artillery Artillery.
shall consist of one colonel, one lieutenant colonel, one major, one ser-
geant major, one quartermaster sergeant, and nine companies, one of
which shall be designated and equipped as light artillery; and that there Light artil-
lery.
shall be attached to each regiment of artillery one supernumerary cap- A supernu-
tain to perform ordnance duty; and that each company shall consist of merary captain
one captain, two first lieutenants, two second lieutenants, four sergeants, for ordnance
four corporals, three artificers, two musicians, and forty-two privates.
That each regiment of infantry shall consist of one colonel, one lieu- Infantry.
tenant colonel, one major, one sergeant major, one quartermaster sergeant,
two principal musicians, and ten companies; each of which shall con-
sist of one captain, one first lieutenant, one second lieutenant, three
sergeants, four corporals, two musicians, and forty-two privates; and that Adjutant to
to each regiment of artillery-and infantry there shall be one adjutant, each regiment.
who shall be taken from the subalterns of the line.
SEc. 3. And be it further enacted, That the corps of engineers, (born- Engineers re-
bardiers excepted,) and the topographical engineers, and their assistants, tared, except
shall be retained in service as at present organized. bombardiers.
SEC. 4. Andbe it further enacted, That the ordnance department shall be Ordnance de
merged in the artillery; and that the President of the United States be, and partment
merged into be
the
he is hereby, authorized to select, from the- regiments of artillery, such mrginthe
officers as may be necessary to perform ordnance duties, who, while so
detached, shall receive the pay and emoluments now received by ordnance
officers, and shall be subject only to the orders of the War Department;
and that the number of enlisted men in the ordnance department be re-
duced to fifty-six.
SEc. 5. And be it further enacted,That there shall be one major gene- One major
general with
ral, with two aids-de-camp, two brigadier generals, each with one aid-de- two aid, wad
camp; and that the aids-de-camp be taken from the subalterns of the two brigadiers
line, and, in addition to their other duties, shall perform the duties of with an aid
assistant adjutant general. each.
SEc. 6. And be it farther enacted, That there shall be one adjutant One adjutant
general, and two inspectors general, with the rank, pay, and emoluments, and two inspec-
ankpaytors
withthe general,
of colonels of cavalry. &c.
SEc. 7. And be it further enacted, That there shall be one quarter- A quarter-
master general; that there shall be -wo quartermasters, with the rank, master general.
Two quarter-
pay, and emoluments, of majors of cavalry; and ten assistant quartermasters.
masters, who shall, in addition to their pay in the line, receive a sum not Ten assistant
less than ten dollars, nor more than twenty dollars, per month, to be &C.
quartermasters,
regulated by the Secretary of War.
Sac.S. And be it further enacted, That there shall be one commis- A commissa-
ry general of
sary general of subsistence; and that there shall be as many assistant subsistence.
commissaries as the service may require, not exceeding fifty, who shall 1829, ch. 42.
be taken from the subalterns of the line, and shall, in addition to their
pay in the line, receive a sum not less than ten, nor more than twenty,
dollars per month; and that the assistant quartermasters, and assistant Assistant
commissaries of subsistence, shall be subject to duties in both depart- commissaries.
ments under the orders of the Secretary of War.
SEc. 9. And be it further enacted, That there shall be one paymaster A paymaster
and
general, with the present compensation, and fourteen paymasters, with general

616 SIXTEENTH CONGRESS. SEss. II. CH. 14. 1821.
fourteen pay- the pay and emoluments of regimental paymasters; and that there shall be
masters., onecommissary of purchases, and two military storekeepers, to be attached
Commissary t m
of purchases. to the purchasing department.
Military store SEC. 10. And be it further enacted, That the medical department shall
keepers. consist of one surgeon general, eight surgeons, with the compensation
A surgeon
general. of regimental surgeons, and forty-five assistant surgeons, with the com
Eight sur- pensation of post surgeons.
geons. SEC. 11. And be it further enacted, That the officers, non-commis-
Forty-five as-
sistant sur- sioned officers, artificers, musicians, and privates, retained by this act,
geons. except those specially provided for, shall have the same rank, pay, and
Rank, pay, &c. emoluments, as are provided, il like cases, by existing laws; and that
The force
subject to rules the force authorized and continued in service under this act, shall be
and articles of subject to the rules and articles of war.
war. SEC. 12. And be i/further enacted, That the President of the United
The President
to cause the States cause to be arranged the officers, non-commissioned officers, artifi-
force retained cers, musicians, and privates, of the several corps now in the service of the
to be formed United States, in such manner as to form and complete; out of the same,
and completed
out ofthecorps the force authorized by this act, and cause the supernumerary officers,
now in service, non-commissioned officers, artificers, musicians, and privates, to be dis-
charged from the service of the United States.
Three months' SEc. 13. And be it further enacted, That there shall be allowed and
additional pay, paid to each commissioned officer who shall be discharged from the
on discharge. service of the United States in pursuance of this act, three months' pay,
in addition to the pay and emoluments to which he may be entitled by
law at the time of his discharge.
General regu- SEC. 14. And be it further enacted, That the system of "General
latious, &c. of regulations for the army," compiled by Major General Scott, shall be,
GeeaSc regt.
and the same is hereby, approved and adopted for the government of the
army of the United States, and of the militia, when in the service of the
United States. (a)
STATUTE 11.
March 2, 1821. CHAP. XIVo-.n aet further to regulate the entry of merchandise imported into
the United States from any adjacent territory.
Act of March Be it enacted by the Senate and House of Representatives of the United
3, 1823, ch. 58. States of America, in Congress assembled, That it shall be the duty of the
Persons
coining into the master of any vessel, except registered vessels, and of every person
United States having charge of any boat, canoe, or raft, and of the conductor or driver
from adjacent of any carriage or sleigh, and of every other person, coming from any foreign
foreign territory
with merchan- territory adjacent to the United States, into the United States, with mer-
dise subject to chandise subject to duty, to deliver, immediately on his or her arrival within
duty, are to de- the United States, a manifest of the cargo or loading of such vessel, boat,
liver manifests,
of the cargo or canoe, raft, carriage, or sleigh, or of the merchandise so brought from
loading, at the such foreign territory, at the office of any collector or deputy collector
office ofcollec-
nearest the .wbich shall be nearest to the boundary line, or nearest to the road or
tor, &c. waters by which such merchandise is brought; and every such manifest
Manifests to shall be verified by the oath of such person delivering the same; which
be verified by oath shall be taken before such collector or deputy collector; and such
oath before the
collector, &c. oath shrill state that such manifest contains a full, just, and true, account,
of the kinds, quantities, and values, of all the merchandise, so brought
from such foreign territory; and if the master, or other person having
charge of such vessel, boat, canoe, or raft, or thp conductor or driver of
Mserchaise, such carriage or sleigh, or other person, bringing merchandise as afore-
&c, forfeited, said, shall neglect or refuse to deliver the manifest herein required, or
pass by, or avoid, such office, the merchandise subject to duty, and so
imported, shall be forfeited to the United States, together with the vessel,
(a) This section is repealed by the act of May 7, 1822, ch. 88.

SIXTEENTH CONGRESS. Siss. H. CH. 15,16. 1821.
Master con-
boat, canoe, or raft, the tackle, apparel, and furniture of the same, or the ductor, &c. sub-
carriage or sleigh, and harness and cattle, drawing the same, or the ject to penalty.
horses with their saddles and bridles, as the case may be; and such mas-
ter, conductor, or other importer, shall be subject to pay a penalty of four
hundred dollars.
SEC. 2. And be-it further enacted, That any deputy collector stationed Deputy col-
lector autho-
in any district of the customs contiguous to a foreign territory, to whom rized to require
a manifest of merchandise, subject to duty, shall be delivered as afore- the payment of
said, is hereby authorized to require of the importer of such merchan- the duties, &c.
dise the payment of the duties thereon, or good and ample security, either
by bond, with one or more sufficient sureties, for the payment thereof, or
by the deposit of a portion of such merchandise, equal, at least, to Bond or de-
double the amount of the duties on the whole importation; which bond posit to be
shall be cancelled, or the merchandise, so deposited, shall be delivered to cancelled or
the owner, on the producing io the deputy collector a certificate, of the delivered up,
&c.
collector of the district, that the duties have been duly paid.
SEc. 3. And be it further [enacted,]That all penalties and forfeitures Penalties and
forfeitures to he
incurred by force of this act, shall be sued for, recovered, distributed, and recovered, &c.
accounted for, in the manner prescribed by the act, entitled "An act to according to the
regulate the collection of duties on imports and tonnage," passed on the act of2d March,
1799, ch. 22.
,second day of March, one thousand seven hundred and ninety-nine, and
may be mitigated or remitted in the manner prescribed by the act, entitled And may be
"An act to provide for the mitigating or remitting the forfeitures, penal- mitigated or re-
mitted accord-
ties, and disabilities, accruing in certain cases therein mentioned," passed ing to act of 3d
on the third day of March, one thousand seven hundred and ninety-seven. March, 1797.
APPROVED, March 2, 1821. Act ofMarch
3, 1797, ch. 13.
STATUTE II.
CHAP. XV.-An .ct extending the time for issuing and locating military land March 2, 1821.
warrantsto officers and soldiers of the revolutionary army.
[Expired.]
States of America, in Congress assembled, That the time limited, by 3, Act
1823, ch. 46.
of May
the second section of the act approved on the twenty-fourth day of Febru- 26,1824, ch.
ary, one thousand eight hundred and nineteen, for issuing military land 177.
warrants to the officers and soldiers of the revolutionary army, shall be 20,Act of May
1826, ch.
extended to the fourth day of March, one thousand eight hundred and 138.
twenty-three; and the time for locating the unlocated warrants shall be Act of March
extended to the first day of October thereafter. 2, 1827, ch. 35.
Act of Feb.
APPROVED, March 2, 1821. 24, 1819, ch.41.
STATUTE II.
CHAP. XVI.-Sn dct to establish the district of Pearlriver. March 2, 1821.
Be it enacted by the Senate and House of Representatives of the United Bays, shores,
States of America, in Congress assembled, That, from and after the first &c. on Lake
Borgne, &c. to
day of July next, all the bays, waters, and shores, on Lake Borgne and the be a collection
Gulf of Mexico, and all the rivers emptying into the same, within the district, after
limits of the state of Mississippi, shall be a collection district, to be July 1, 1821.
called the district of Pearl river; of which a port near the mouth of A port of en-
Pearl river, at such place as the President of the United States shall try near the
designate, shall be the port of entry; and a collector for the district shall mouth of Pearl
be appointed, to reside at such place as the President shall direct, at river.
or near the said port, who shall be entitled to receive in addition to the A collector
fees and other emoluments established by law, the annual salary of two for the district.
APPROVEDb, March 2, 1821.
VOL. 1l1.-78 3 F2

618 SIXTEENTH CONGRESS. SESS. H. CH. 17,18. 1821.
STATUTE II.
March 2, 1821. CHAP.XVII.-An Act confirming the location of the seat of government of the
state of Illinois, andfor other purposes.
Act of March Be it enacted by the Senate andHouse of Representatives of the United
3, 1819, oh. 95.
Four sections States of America, in Congress assembled, That the four sections of land,
of land, &c., including the section number sixteen, in township .number six north,
selected by range number one east, of the third principal meridian, heretofore se-
commissioners
for the seat-of lected by commissioners appointed for that purpose, for the seat of
government of government of the state of Illinois, be, and the same are hereby declared
Illinois, con- to be, confirmed to, and vested in, the said state, for the purpose afore-
firmed to the
state. said.
The governor SEc. 2. And be it further enacted, That the governor of said state
authorized to be, and he is hereby, authorized to select any unappropriated section in
select a section
in lieu of No. said township, for the use of the inhabitants thereof, which shall be in
16. lieu of the said sixteenth section.
STATUTE fit.
March 2, 1821. Ac to
CHAP. XVIH.-add. extend the charters of certain banks in the District of
[Obsolete.] Columbia.
The charters Be it enacted by the Senate and House of Representativesof the
o United
rtn
of the Bank "of St
Alexandria, the States of America, in Congress assembled, That the acts-incorporating
Farmers' Bank the several banks in .the District of Columbia, herein named, that is to
of Alexandria, say: The Bank of Alexandria, and the Farmers'- Bank of Alexandria, in
Bank of Wash- the-town of Alexandria; the Bank of Washington, the Bank of the Me-
ington, Bank of
the Metropolis, tropolis, and the Patriotic Bank of Washington, in the city of Washing-
the Patriotic ton; the Union Bank of Georgetown, the Farmers' and Mechanics'
Bank, the Far- Batik of Georgetown, and the Bank of Columbia, in the town of George-
mers' Bank of
Georgetown, town; be, and the same are hereby, extended and limited to the third
the Bank of day of March, which shall be in the year of our Lord one thousand eight
Columbia ex- hundred and thirty-six, under, and subject to, such limitations, modifica-
tended. tions, and conditions, as are hereinafter enacted.
Interest at SEc. 2. And be it further enacted, That if any one of the banks
the rate of 12 herein named, shall, at any time, fail or refuse to pay, on demand, any
per cent. per bill, note, or obligation
annum, for o issued by such hank, in lawful currency of the
failure or refu- United States, when required, or shall neglect or refuse to pay, on de-
sal of the banks mand, in like currency, if required, any moneys received by such bank
to inyr
their on deposit, to the person or persons entitled to receive the same; then,
notes in lawfuil ette eev h
currebcy. and in such case, the holder of any such note, bill, or obligation, or the
person or persons demanding such deposit as aforesaid, shall, respec-
tively, be entitled to receive and recover interest on the same, at the rate
of twelve per centum per annum, from the time of the demand until the
And Congress same be fully paid and satisfied.. And further, It shall be lawful for
may revoke Congress, forthwith, to revoke the charter of such bank, and to pro-
their charters. vide for liquidating and settling the accounts and affairs thereof, in such
manner as to their judgment may seem expedient.
Officers and SEC. 3. And be it further enacted, That any president, director,
,directors of the cashier, teller, clerk, or other officer, or servant, of any of the said banks,
banks liable to or of the Bank of Potomac, hereinafter named, who shall withhold, with-
prosecution, by
indictment, for draw, conceal, or embezzle, or connive at the withholding, withdrawal,
fraudulent concealment, or embezzlement, of the money or other property .of the
practices: bank whereof he is an officer or servant, with intent to defraud the said
bank, shall be subject to prosecution therefor, in the name of the United
States, by indictment, on presentment or information, in the circuit court
And to be of the county wherein such offence shall have been committed, and, on
adjudged felons conviction thereof, shall be adjudged a felon, and suffer an imprisonment
on conviction, of not less than one year, nor more than ten years, and forfeit and pay

SIXTEENTH CONGRESS. Sms. II. Cn. 18. 1821.
a sum not less than one thousand, nor more than twenty thousand, dol- and suffer fine
and imprison-
'
lars, one moiety whereof shall go to the United States, and the other to m ist.
the informer.
SEc. 4. And be itfurter enacted,That, unless the president and di- Right to ex-
rectors, for the time being, of each of the banks respectively, whose tension of char-
ter forfeited.
charters are hereby extended, shall on behalf of their stockholders, and
in virtue of an authority from them, or a'majority in interest and number
of them, file their declaration, in writing, in the office of the Secretary of Assent in
the Treasury, within six months from the passage of this act, assenting writing in the
office of the Se-
to, and iccepting, the extension of charter hereby granted under the cretary of the
terms, conditions, and limitations, contained in this act, such bank shall Treasury.
forfeit all title to such extension of charter.
Sxc. 5. And be it further enacted,That every stockholder of the bank Citizen stock-
of Alexandria, of the Farmers' Bank of Alexandria, and of the Bank of holders in the
bank of Alex-
Washington, being a citizen of the United States, and not otherwise, andria, Farm-
shall be entitled to vote by himself, his agent, or proxy, appointed under ers' Bank of
his hand and seal, at all elections, in virtue of this act, and shall have as Alexandria, and
Bank of Wash-
many votes as he has shares, as far as thirty shares, and not more than ington may vote
one vote for every five shares thereafter. by agent or
SEc. 6. And be itfurther enacted, That a meeting of the stoekholders proxy.
Annual meet-
of the Bank of Alexandria, in the town of Alexandria, shall be held on ing of the stock-
the third Monday of January in every year, during the continuance of holders of the
this act; previous notice whereof shall be published in some newspaper Bank of Alex-
andria in Janu-
printed in Alexandria or the city of Washington, for the space of four ary.
weeks successively; and the stockholders assembled in consequence of
such notice, shall choose by ballot from among themselves, by a majority
of votes of Such as shall be present, or by proxy, ten directors being citi- Ten citizen
zens of the United States, for the term of one year thereafter, and on the ballot, for by
directors, a
same day annually, for and during the continuance of this act, a like year.
election shall be made; and in case of death, resignation, refusal, or dis-
qualification, of any director, the remaining directors, at their next meet- Remaining
ing, or as soon as convenient thereafter, shall elect, by ballot, another directors to fill
vacancies.
person,. qualified as aforesaid, in his place, for the residue of the year. Election of a
The directors, or any seven of them, shall, at their next meeting after President.
every general election, elect, by a majority of members present, by
ballot, from among themselves a president, who shall retain all the pow-
ers and privileges of a director ; and in case of refusal, death, resignation,
or disqualification, of the president, the directors shall meet as soon as
conveniently can be thereafter, and after filling the vacancy in the num-
ber of directors required by this act, elect another person for president,
in manner before directed.
SEC. 7. And be it further enacted, That it shall not be lawful for any No note
of the said banks, after the first day of January next, to make issue, or re- under five dol-
issue, any bill, note, or obligation, payable to bearer or order, of a denomi- Jars after
Jan. 1, 1822.
nation under five dollars.
SEC. S. And be it further enacted, That the fourteenth section of the The 14th
act incorporating the Bank of Columbia, aforesaid, passed the twenty- section of the
eighth day of December, one thousand seven hundred and ninety-three, act incorporat-
ing the Bank of
be, and the same is hereby, repealed and annulled: (a) Provided, That Columbia, re-
the said fourteenth section shall remain in full force and effect in relation pealed.
to all debts contracted with the said bank previous to the passing of this Proviso.
act.
SEC. 9. And be it further enacted, That it shall be lawful for the Cen- Central Bank
tral Bank of Georgetown and Washington to proceed forthwith, to liqui- of Georgetown
date and close all the concerns of the corporation, and after paying and and Washing-
ton authorized
satisfying the debts, contracts, and obligations, of the corporation, to di- to liquidate and
(a)The fourteenth section, here annulled, authorized this bank to enforce the payment of debts by a
summary process to execution. The Bank of Columbia was chartered by an act of the general assem-
bly of Maryland.

SIXTEENTH CONGRESS. SEss. II. CH.18. 1821.
close its con- vide the capital and profits which may remain among the stockholders,
cerns.
in proportion to their respective interests; and for this purpose, and for
Forwhich no other intent or purpose whatever, all the necessary powers, as fully as
purpose only they are now enjoyed by the said corporation, shall be, and the same
the corporatiox are hereby, continued to the said corporation, for the term of five years
is continued.
from the first day of January next, and no longer.
The stock- SEC. 10. And be it further enacted, That it shall and may be lawful
holders of the for the stockholders of the Central Bank of Georgetown and Washington
Central Bank
may reduce, aforesaid, at their next annual meeting for the election of directors, to
&c. reduce the board of directors, for the said Central Bank, to any number
not less than six.
The corpora- SEC. 11. And be it further enacted, That the corporation of the Bank
tion of the
Bank of Poto- of Potomac be, and the same is hereby, continued and extended to the
mac continued third day of March, in the year of our Lord one thousand eight hundred
to March 3, and thirty-six, during which time it shall hold and be possessed of all the
1836.
rights, privileges, and immunities, now secured to it by an act passed on
Act of Feb. the sixteenth day of February, one thousand eight hundred and eleven,
16, 1811,ch. 18.
entitled "An act to incorporate the Bank of Potomac," and shall be subject
to all die restraints and limitations expressed in the said act, except so
far as the same shall be altered by any provisions hereinafter contained.
Election of SEC. 12. And be it further enacted, That an election for directors of the
directors of the
Bank of Poto- Bank of Potomac shall be held in the town of Alexandria, on the first
mac annually Monday in November in each year, of which notice shall be given in one or
in November, more newspapers published in said town, for four weeks at least before the
on notice in the
newspapers. day of election; and the stockholders shall choose, by ballot, to be given
in person or by proxy, by a majority of votes, from amongst the stockhold-
Thirteen diers, thirteen directors, for the term of one year thereafter, and on resigna-
rectors, by bal-
lot, for a year. tion, disqualification, or removal, of any director out of the county of Alex-
Directors may andria, jr out of the county of Fairfax, in Virginia, the other directors, at
fill vacancies. their next meeting thereafter, may elect by ballot another person, qualified
as aforesaid, in his place, for the residue of the year. The directors, of
said bank shall, at the first-meeting after every general election, elect, by
Election of a
President. ballot, from among their own number, by a majority of their whole num-
ber, a president; and in case of his death, resignation, or removal, out
of the county of Alexandria, or out of the county of Fairfax, or of his
refusal to accept his office, the directors shall meet' as soon as conve-
niently can be thereafter, and elect another person as president, in the
manner before described.
Citizen stock- SEC. 13. And be it further enacted, That every stockholder of the Bank
holders may of Potomac, being a citizen of the United States, shall be entitled to
vote according vote at all elections to he holden by the stockholders of said bank, in
to shares.
pursuance of this act, and shall have as many voles in proportion to the
stock he may hold, as follows, that is to say: For every share, from one
to twenty, one vote for each share; from twenty to fifty shares, one vote
for two shares; from fifty to one hundred, one vote for four shares; above
Proviso one hundred shares, one vote for six shares: Provided,That no share, or
shares pledged
confer no right number of shares, pledged to the said bank as security for any debt due,
to vote. or to beconie- due, to it, shall be considered as conferring any right to
vote at the said elections.
Consolidation SEC. 14. And be it further enacted, That it shall be lawful for the
o the Union president of the Union Bank of Alexandria, at any time before the first
Bank of Alex-
andria and the day of April next. with the consent of a majority in interest of the stock-
Bank of Poto- holders thereof, to subscribe to the said Bank of Potomac the full amount
mac. of the capital stock of the said Union Bank, and, on such subscription
being made, to deliver over and transfer to the said Bank of Potomac, all
the books, papers, money, property, and evidences of debts, belonging
to the said Union Bank, and to convey to the said Bank of Potomac, the
real estate belonging to said Union Bank, for passing the title of which
bank, in the said estate, to the said Bank of Potomac, the deed of the

SIXTEENTH CONGRESS. Sss. II. CH. 18. 1821.
President of the said Union Bank shall be effectual; on which subscrip-

tion, delivery, transfer, and conveyance, being made, the stockholders
of the said Union Bank shall, forthwith, become ;stockholders in the
said Bank of Potomac, and shall be entitled to the same privileges
and advantages, and the stock of the said Union Bank shall, to all intents
and purposes, be considered as forming a part of the capital of the said
Bank of Potomac; and the proper officers of the said Bank of Potomac
shall forthwith issue to the stockholders of the said Union Bank, certifi-
cates of stock in the said Bank of Potomac, at the'rate of one share, or
one hundred dollars of Potomac bank stock, for every hundred dollars of
the Union Bank stock so subscribed, according to the respective interests
of the said stockholders in the stock so subscribed.
SEc. 15. And be it further enacted, That on the said union being The union
made as aforesaid, all contracts legally made by the said Union Bank being effected,
the Bank of Pc-
shall, forthwith, become obligatory on the said Bank of Potomac, and all tomac becomes
debts due by the said Union Bank on notes issued by it, or otherwise, bound by the
shall become chargeable on, and payable by the said Bank of Potomac: legal contracts
of the Union
and the parties to such coitracts, and the creditors of the said Union Bank of Alex-
Bank, shall have the same remedies to enforce the performance of such andria.
contracts,-and the payment of such debts, against the said Bank of
Potomac, its property and effects, as are now, by law, given to them of And the Bank
against the said Union Bank; and that the said Bank of Potomac may, fPotomac
may enforce the
in its own name, sustain all actions and suits which may be necessary payment of
to enforce the payment of debts due to, and the performance of con- debts due, &c.
tracts made with the said Union Bank, and for the recovery of any lands,
tenements, goods, and chattels, belonging to and improperly withheld
from, the said Union Bank. -
SEC. 16. And be it further enaoted, That all bonds, bills, notes, or Bonds, bills,
other securities for money, which, by the terms thereof, have been, or ing due&c.,
notes, fall-
at the
shall be, made payable at the said Union Bank, which shall fall due after Union Bank of
the said union shall have been carried into effect, shall, from thenceforth, Alexandria,
be considered as if the same had been made payable at the said Bank of made payable at
Potomac; and that a demand of payment at the said Bank of Potomac the Bank of Po-
shall, to all intents and purposes, be as effectual in law as if the same
were made at the said Union Bank.
SEC. 17. And *be it further enacted, That from the time the said Upon the
union of the said banks shall be carried into effect, the twenty-seventh nion of the
two banks, the
section of an act of Congress, passed on the third of March, one thousand 27th section of
eight hundred and seventeen, entitled "An act to incorporate the sub- the act of
scribers to certain banks in the District of Columbia, and to• prevent
. , the
. March
is 3, 1817,
repealed.
circulation of the notes of unchartered associations, within the said Dis- Act of March
trict," shall be, and the same is hereby repealed: Provided,That such 3, 1817, ch. 93.
repeal shall not, in any way, impair the right of the said Bank of Poto- Proviso.
mac to the money, property, debts, and effects, which shall be transferred
or conveyed to it, as aforesaid, nor its remedies in its own name for the
recovery thereof; nor shall any suit now brought in the name of the said Suits not to
Union Bank, thereby abate, but the same may be carried on and prose- abate.
cuted for the benefit of the said Bank of Potomac to final judgment Proceedings
and execution; and the proceedings on such judgments or executions in the name of
the Union Bank.
may be instituted and carried on in the name of the said Tnion Bank,
against the bail, securities, and all other persons bound in such suits, for
the defendants therein.
SEC. IS. And be it further enacted, That, if any stockholder or stock- Dissatisfied
holders in either of the said banks, who has not heretofore assented to stockholders
de-
may file awithin
the union aforesaid, shall, within three months from. the passing of this claration
act, file his declaration, in writing, in the said Bank of Potomac, decla- three months.
ring himself dissatisfied with the said union, and his determination to If the parties
cannot agree,
withdraw hd interest from the same; and if the said bank cannot agree circuit court on
with such stockholder or stockholders on the amount of such interest, petition may

622 SIXTEENTH CONGRESS. Sass. II. Ca. 25, 31. 1821.
appoint three and shall not forthwith pay the same, then it shall be lawful for the circuit
commissioners
to ascertain the court of the District of Columbia, at Alexandria, on the petition in writ-
value, of the ing of such stockholder or stockholders, to appoint three 'commissioners,
stockholders, whose duty it shall be to ascertain the value of the interest of such stock-
interest, &c. holder or stockholdersfin the bank to which he or they may belong at .he
time of the said union, for which purpose such commissioners shall, under
the direction of the said court, have access to the books, papers, and ac-
Decree of counts, of the said banks, and, on the report of the said commissioners,
the commis- and such other evidences, as may be laid before them, then said court
sioners may be shall proceed to ascertain the value of the stock of such stockholder or
enforced by
execution.
stockholders, and shall decree the value, so ascertained, to be paid to
him or them by the said Bank of Potomac, and shall have power to en-
force such decree by execution, attachment, or other legal process.
Any twb or SEC. 19. And be it further enacted, That it shall and may be lawful
more of the
hacks whose
for any
an two or more of the banks, whose charters are hereby extended,
charters are ex- by their respective presidents and directors, with the consent of a ma-
tended may jority in interest of their respective stockholders, to agree, under written
unite and form articles of association, to unite and form one bank, by a style and name to
a bank, &c. be prescribed in such articles; and the subscribers thereto, and their legal
representatives, shall, from the day fixed for that purpose in the said ar-
ticles, be incorporated under the style and name set forth in the said ar-
ticles, and thenceforth subject to the same rules, duties, regulations, con-
ditions, provisions, and impositions; and be vested with the same rights,
privileges, and immunities, as a body corporate, as by this act appertains
to the Bank of Potomac, and are prescribed for the union of the Union
Bank of Alexandria with the Bank of Potomac.
This act de- SEC. 20. And be it further enacted, That this act be, and the same is
dlared a public
act, hereby declared to be, a public act, and that so much, and such parts, of
Repugnant the said acts, incorporating the several banks aforesaid, as may be re-
parts of former pugnant to this act, be, and the same are hereby, repealed and annulled.
acts repealed. APPROVED, March 2, 1821.
STATUTE II.
March 2, 1821. CHAP. XXV.-Sn Set authorizing the President of the U7nited Rates to remove
the land office in the district of Lawrence county, in the territory f .drkansas.
Part of an act Be it enacted by the Senate and House of Representatives of the United
of Feb. 17,
IS]8, ch. 12,re- States of America, in Congress assembled, That, so much of the act,
pealed. entitled "An act making provision for the establishment of additional land
offices in the territory of Missouri," as requires that the land office for
the district of Lawrence county shall be established at the seat of justice
in said county, shall be, and the same is hereby, repealed; and the Pre-
establish sident of the United States is hereby authorized to remove and establish
The President
may
the office at any said office at any suitable place, within the said district.
suitable place. APrROVEn, March 2, 1821.
STATUTE II.
March 2, 1821. CHAP. XXXI-.n SCt for the reliqf of the family of the late Oliver Hazard
Perry, Esquire.
From the SOd Be it enacted by the Senate andHouse of Representatives of the United
of Aug., 1819, States of America, in Congress assembled, That, from and after the twenty-
the sums men-
tioned are to third day of August, in the year of our Lord one thousand eight hun-
be settled on dred and nineteen, the following sums be, and the same hereby are, set-
the persons
named, &c.
tled, by way of annuity, payable, under the direction of the Secretary of
the Treasury, half yearly, at the treasury of the United States, or at the
On the widow loan office at Providence, at the option of the annuitants, on the widow
of the late 0. and children of the late Oliver Hazard Perry, Esquire, of the United
H. Perry, 400 States' navy; that is to say: On Elizabeth Perry, dowager of the afore-
dollars during
her natural life, said Oliver Hazard Perry, four hundred. dbllars during her natural life :

SIXTEENTH CONGRESS. Szss. I. CH. 32,.33. ,1821.
Provided, That the said annuity shall cease and determine on the deter- continuing a
mination of her widowhood: on Christopher Grant Perry, his eldest son, widow. Sons and
one hundred and fifty dollars: on Oliver Hazard Perry, his second son, daughter of
one hundred and fifty dollars: and on Christopher Raymond Perry, his Oliver H.Perry.
third son, one hundred and fifty dollars: until the said Christopher Grant,
Oliver Hazard, and Christopher Raymond, shall arrive at full age of
twenty-one years respectively : and on Margaret Perry, only daughter, and
youngest child, of the said Oliver Hazard Perry, deceased, the sum of
one hundred and fifty dollars, until she shall arrive at the age of twenty-
one years, aforesaid: Provided, That, in case the said Margaret shall
have contracted any marriage on or before she shall reach the age of
twenty-one years aforesaid, then the said pension or annuity shall cease and
determine on the day whereon the said marriage shall have been con-
tracted, as aforesaid: Provided always, That in case the said Margaret
shall not have contracted any marriage on that day, or prior thereto, then
the said pension or allowance shall continue to be paid until the marriage
or natural demise of the said Margaret; And provided further, That in Any child dy-
case any of the said children of the said Oliver Hazard Perry, deceased, ing before the
times specified,
shall die under lawfil age as aforesaid, then, and in that case, the pen- his annuity
sion or annuity granted by this act, shall, in such case, cease and deter- ceases.
mine, in respect to such child, so deceasing.
STATUTE II.
CrAp. XXXII.--i Sct to alter the times of holding the district court in the March 2, 1821.
northern district of New York. (a)
Be it enacted by the Senate and House of Representativesof the United District court
States of America, in Congressassembled, That the district court of the to be hereafter
United States'of America, for the northern district of New York, directed holden at Utica
by law to be holden at Utica, shall hereafter he holden at the same place, on the last
Tuesday of
on the last Tuesday of August, instead of the third Tuesday of May, August, and the
in each year; and that the court directed by law to be holden at Albany, court at Albany
on the last
on the second Tuesday of November, shall, instead thereof, hereafter be Tuesday of
holden at the same place, on the last Tuesday of January, in each January.
year.
Szc. 2. And be it further enacted, That all actions, suits, process, Proceedings,
proceedings, commenced, or to be commenced, or now pending in said &c., continued
district court, and liable to be discontinued or suffer prejudice from the accordingly.
foregoing alterations, may be returned to, and shall be continued to, the
district court to be holden in pursuance of this act, in such manner as
that the same shall suffer no discontinuance or prejudice by virtue of
this act.
STATUTE II.
Can'. XXXIII.-An act to alter and establishcertain post-roads.
March 3, 1821.
States of America, in Congress assembled, That the following post- Post-roads
discontinued.
roads be, and the same are hereby, discontinued, that is to say:
From Concord, in Rockingham county, by Salisbury, Andover, New
Chester, Bridgewater, and Plymouth, thence by New Holderness, New
Hgmpton, Sanbornton, and Salisbury, to Concord, and
From Farmington to Middleton, in New Hampshire.
From Carver to Wareham.
(a) See note to act of April 3, 1818, oh. 32, for the acts which have been passed relating to the dis-
trict court of the northern district of New York.

624 SIXTEENTH CONGRESS. Sass. I. CH. 33. 1821.
Post-roads dis- From Northampton, by Southampton, to Springfield, in Massa-
continued. chusetts.
From Herkimer, by Woodworth's, Columbia, by Underwood's, Litch-
field, to Laghwaite.
- From Vernon to Delhi.
From Little Falls by Fairfield, Newport, and Russia, to Remsen, in

New York.
From Liberty Corner, by Doughty's Mills, and New Providence, to
Springfield, in New Jersey.
From Morgantown, by Crab Orchard, to Kingwood, in Virginia.
From Milledgeville, to Greensborough, in Georgia.
From Pocataligo, by Hickory Hill, to Augusta, in South Carolina.
From Clinton, in Tennessee, to Pulaski, in Kentucky.
From Washington to Cincinnati; and
From Lancaster to Washington, in Ohio.
From Falmouth to Grant's Lick, on the east side of the river in Ken-
tucky.
From Smithton to John Graham's, in Missouri.
Post-roads" SEc. 2. And be it further enacted, That the following be established
established, post-roads, that is to say:-
Maine. In Afaine.-From Brunswick, by Topsham, Lisbon,Wales, Monmouth,
Leeds, Wayne, and Fayette, to Jay; and thence, by Livermore, Turner,
and Durham, to Brunswick.
From Green, by Leeds and Wayne, to Winthrop.
From Bangor, by Levant, Corinth, New Charleston, Atkinson, Sebec,
Brownsville, Williamsburg, Foxcroft, Guilford, and Sangerville, to
Bangor.
From Warsaw, by Hartland, And St. Albin's, to Palmyra.
From Bethel, by Gilead, Shelburne, Durand, Kilkenny, and Jefferson,
to Lancaster, in New Hampshire.
New Hamp-
shire.conyth In New Hampshire.-FromConcord, in Rockingham county,-bi the
M'Crillis tavern, in Canterbury, Northfield meeting house, Sanborn-
ton, Smith's village on the turnpike, across the river near Pine Hill, and
Bridgewater, to Plymouth.
From Smith's village on the turnpike, by New Hampton meeting
house, and the paper mill in Holderness, to Plymouth.
From Concord, by Boscowan, Salisbury village, Andover, New Ches-
ter, Bristol, and the Mayhew turnpike, to Rumney.
From Rochester, by Chesnut Hill, in Farmington, to Middleton.
That the post-route from Centre Harbour to Plymouth, and the post-
route from Portsmouth, by Meredith, and New Hampton to Plymouth,
shall be by the post-office in Holderness.
Massachu- In lfassachusetts.-From Greenfield, by Bernardstown, Northfield,
Betts. Warwick, Orange, New Salem, Shutesbury, Leverett, Sunderland, and
Montague, to Greenfield.
From Richmond to West Stockbridge.
From North Hampton, by East Hampton, South Hampton, Westfield,
Southwick, and East Granby, to Hartford, in Connecticut.
From Worcester to Groton.
From Boston, by a turnpike road, to Taunton; and thence by Welling-
ton, Dighton, Swanzey, Warren, Bristol, Portsmouth, and Middleton, to
Newport, in Rhode Island.
From South Hadley, by Granby, to Belohertown.
Connecticut. In Connecticut.-From Mansfield to Willington.
From Stafford, by Union, to Woodstock.
From Brooklyn, by South Killingly, to Thompson.
From Bridgeport, by Long Hill, Trumbull, Levi Edwards', in Hunting-
ton, Newtown, and Brookfield, to New Milford.

SIXTEENTI1 CONGRESS. SFss. II. Cn. 33. 1821. 625
In New York.-From Utica, by Whitesborough, Floyd, Steuben, and Post-roads
Western, to Rome. established.
From Cayuga to Montezuma. New York.
From Turin, by Harrisburg, Copenhagen, Tylersville, Pinkney, and
Rodman, to Adams.
From Newburgh, by Middletown, Marlborough, Milton, and New Paltz,
to Poughkeepsie.
From Upper Red Hook Landing, to the present post-road from New
York, to Albany.
From Watertown, by Le Raysville, to Antwerp.
From Mooresville, by Bovina, in Delaware county, to Delhi.
From Bergen, by Riga and East Riga, to Rochesterville.
From Ellicottville, by Little Valley, Conewongo Creek, and Gerry, to
Mayville.
From Caledonia to Riga.
From Whitehall, in Washington county, by Putnam, to Ticonderoga.
From Southold, in Suffolk, to the village of Oysterponds.
From Utica, in the county of Oneida, to Bainbridge, in the county of
Chenango, by New Hartford, Paris Furnace, Bridgewater, Brookfield, Co-
lumbus, New Berlin, Norwich, and Guilford.
From Lisle, in the county of Broome, through the towns of Berkshire
and Caroline, on the Susquehannah, and Bath turnpike road, to Ithica, in
the county of Tompkins.
From Manlius, by Oran, Delhi,_Fabius, Pompey, and thence to
Manlius.
From Utica, by Rome, to Montezuma, and thence to Rochester, upon
and near the Great Canal.
From Bennington, Vermont, by White Creek, Cambridge,. Easton
and Greenwich, to Saratoga Springs, New York.
From Ritchfield by Peltrie's, in Columbia, by Underwood's, in Litch-
field, to Utica.
From Peltrie's, in Columbia, by Elie Palmer's, to Herkimer.
From Little Falls, Herkimer county, by Eaton's Bush, Middleville,
Newport, Naham Daniel's, Russia post-office, to Trenton, with a side
mail from Middleville to Fairfield post-office.
From Canandaigua, in the state of New York, by Manchester, to
Palmyra; from thence by South Williamson and Williamson, to Puitney-
Ville.
In New Jersey.-From Chester to Flanders. New Jersey.
From Liberty Corner to Somerville.
From Trenton, by Croswick's tavern, Rickle's Town, Julius, and
Amy's, to New Egypt.
In Pennsylvania.-FromEaston, by Stockertown, to Roscommon. Pennsylvania.
From Chester, by Village Green, Wilcoxe's mills, Concord meeting
house, and Dilworthtown, to West Chester.
From Clark's Ferry, by Landisburg, Douglas's Mills, and Concord, to
Fannellsburg.
From Somerset, by Connelsville, Union, Smithfield, Germantown, and
Geneva, to Morgantown, in Virginia.
From Hanover, by Berlin, to Dillstown.
From Lambpeter square to Cochransville.
From Gettysburg, by Petersburg, and Dillstown, to Harrisburg.
From Berwick, on the Tioga and Susquehanna turnpike, to Meansville.
From Lancaster, by New London Cross Roads, Newark, and Chris-
tiana.Bridge, to New Castle, in Delaware.
From Gettysburg, by Lughtersburg, to Hagerstown, in: Maryland.
From Leditz, in Lancaster county, by Elizabeth Furnace, and Shuef-
ferston, to Lebanon.
From Beavertown, by Jeffriestown and Noblestown, to Cannonsburg.
VOL. III.-79 3G

626 SIXTEENTH CONGRESS. SEss. I. CH. 33. 1S21,
Post-roads In Delaware.-From Milford to the village of Milton; a new
established, route.
Delaware. In ilaryland.-That the mail-route from Easton to Princess Anne,
Maryland. shall pass over Dover Bridge, and by New Market and Cambridge;
the route from Easton, by the Trappe, ,to Cambridge, shall nevertheless
be continued.
From Easton to the Trappe, in Talbot county.
From Harford to Michael's store.
Virginia. In Virginia.- -From Kingwood, by Crab Orchard, Hagan's store, to
Smithfield, in Pennsylvania.
From Lewis Courthouse, by French Creek Settlement, Flatwood's,
and Elk river, to Nicholas Courthouse.
From Woodring's mill, in Preston county, by Goff's Ferry, on Cheat
river, to Leading Creek, in Randolph county.
From the mouth of Fishing Creek, on Ohio river, by Buffalo, Barnes'
mills, Prickett's Settlement, and Smithfield, to Kingwood.
From Springfield to Romney, in Hampshire county.
From Morgantown, by Jackson's Iron Works, Carlisle's Furnace, to
Sandy Creek Glades.
From Charlottesville, by Warren, to Buckingham Courthouse.
From Culpepper Courthouse, by State mills, to Woodville.
From Staunton, by Little River, to the-Panther Gap.
From Jacksonville, in Wood county, by Murphy's Settlement, to Lewis
Courthouse.
That the mail-route from Marietta to Wheeling, pass by Sisterville
and the mouth of Fishing Creek.
That the mail-route from the Warm Springs, in Bath county, by
Anthony's creek, to Lewisburg, shall, in returning, pass by Frankford,
Locust creek, Barnes' Mill, Cackley's, Bradshaw's, andGatewood's, to the
Warm Springs.
North Caro- In North Carolina.-FromSalisbury -to-Fayetteville.
lina. From Wilkesborough, by Mock's old fields, Salisbury, Skeen's Ferry,
Lawrenceville, Wadesborough,.and Sneedsborough, to Cheraw, formerly
Chatham, in South Carolina.
From Charlotte, by Chester Courthouse, and Newberry Courthouse,
to Edgefield Courthouse, in South Carolina.
That the mail-route from Fayetteville to Wilmington, pass by David
Wright's store, in Duplin county.
From Salisbury, by Fulton, to Huntsville.
South Caro- In South Carolina.-FromColumbia, by Ashville and Warm Springs,
lina. in North Carolina, to Lexington, in Kentucky.
From Coosawatchie, by Robertsville and King creek, to Augusta.
Georgia. In .Georgia,-FromMonticello, by Monroe in Walton county, and
Lawrenceville, in Gwinnett county, to Hall Courthouse.
From Jefferson to Fairfield, in Camden county.
From Carnesville, by Habersham Courthouse, to Rabun Court-
house.
From Powelton, in Hancock county, by Greenshorough, to Madison,
in Morgan county.
From Carnesville, by Bushville, to Hall Courthouse.
Kentucky. In Kentucky.-From Franklin to Nashville, in Tennessee,
From Eddyville, by Iron banks, to New Madrid, in Missouri.
That the post-route from Burkesville to Monticello shall pass by Robert
Poage's, in Stockton's Valley.
That the post-route from Columbia to Glasgow shall pass by Edmon.
ton, in Barren county.
From Scottsville to Cairo, in Tennessee.
From Falmouth, in Pendleton county, passing the three forks of Grassy
creek and Gains's, to Burlington, in Boone county.

SIXTEENTH CONGRESS. Sass. II. CH. 33. 1821.
From Bowling Green, by Litchfield and Hardinsburg, to Corydon in Post-roads

Indiana. established.
In Tennessee.-From Clinton to Burkesville, in Kentucky. Tennessee.
From Washington, in Rhea county, by Hamilton Courthouse, and the
new turnpike road, to Morganton, at the mouth of Sequatebee, by Marion
Courthouse, and Jackson Courthouse; to Huntsville, in Alabama.
From McMinville, by Shelbyville, to Columbia.
From Sparta, by Co~keville, Gainesborough, and Meigsville, to Tomp-
kinsville, in Kentucky.
From Kingston, by Washington, to Huntsville, in Alabama.
That the route from Springfield to Russelville, in Kentucky, shall pass
Fort's mills, on Red river
From Murfreesborough to Statesville.
From Vernon, by Perry Courthouse, to Reynoldsburg. Ohio.
In Ohio.-From Lebanon, by Monroe, to Hamilton.
From Washington, in Pennsylvania, by Wellsburg, in Virginia, Steu.
benville, New Salem, New Philadelphia, Wooster, and Norwalk, to Lower
Sandusky.
From Canton, in Stark county, by New Portage, Norton, and Wads-
worth, to Medina, in Medina county.
From Lancaster, by Circleville, to Chillicothe.
From Granville, in Licking county, by Worthington, to Dublin, in
Franklin county.
From Urbana, by Troy, to Granville, in Dark county.
From Dover, in Tuscarawas county, by Shanesville and Berlin, to
Millersburg, in Coshocton county.
From Dresden, in the county of Muskingum, to Mansfield, in the
county of Richland, by the way of West Carlisle, in Coshocton county.
From Aurelius, by Duck creek salt works, in Morgan county, by
Senecaville, to Guernsey salt works, and to Washington, Guernsey
0o0nty.
In Indiana.-From Brownstown to Indianapolis. Indiana.
From Vernon to Indianapolis.
From Connersville to Indianapolis.
From Lawrenceburg, by Aurora, Hanover, and the Rising Sun, to
Versailles; and to return by the way of Vaughan's, in Manchester township.
From Richmond, by Salisbury and Centreville, to Indianapolis.
From Brookville to Indianapolis.
-In lllit'ois.-From Golconda, by Franklin Courthouse, and Hinds', to Illinois.
Vandalia.
From Golconda to Belgrade.
From Shawneetown to Golconda.
The mail from Vincennes, Indiana, to St. Louis, Missouri, shall pass by
Vandalia.
From Vandalia, by the seats of justice of such counties as may be
established by the legislature prior to the next session of Congress, north
of Madison county, to Edwardsville.
From Fairfield, by John G. Fitch's, to Vandalia.
From Palestine to Vandalia.
The mail from Golconda, by Bloomfield, to Jonesborough, to pass
bv Vienna.
In Afssssippi.-From Columbia, by Fort Alford's, to Monticello. Mississippi.
From Green Courthouse, by New Augusta and Monroe, to Covington
Courthouse.
In Alabama.-From Blakely to Mobile Point. Alabama.
From Fort Hawkins, by Fort Gaines and Butler Courthouseto Conecuh
Courthouse.
In MAssour.-From Shawneetown, by Road's, Jonesborough, in II- Missouri.
linois, and Bainbridge, in Cape Girardeau county, to Jackson.

SIXTEENTH CONGRESS. SFss. II. CH. 34. 18 21.
From St. Charles, by James Journey's, John Biven's, Isaac Vanbib-
ber's, John Grayum's, and Augustus Thrall's, to Franklin.
From Franklin, by the mouth of Arrow Rock and Mount Vernon, to
Fort Osage.
From St. Genevieve, by the Saline, Amos Bird's, John F. Henry's, and
Bainbridge, to Cape Girardeau.
From Franklin to Boonsville.
From Smithton to Augustus Thrall's.
From Alton, by the house of Levi Roberts, John Shaw, and Leonard
Ross, to Louisianaville, in Missouri.
STATUTE II.
March 3, 1821. CHAP. XXXIV.-An Set making ajpropriationsfor the support of government,
[Obsolete.] for the year one thousand eight hundred and twenty-one.
priated, for- States of America, in Congress assembled, That the following sums be,
and the same are hereby, respectively, appropriated for the service of the
year one thousand eight hundred and twenty-one; that is to say:
Congress and For compensation, granted by law to the Senate and House of Re-
their officers. presentatives, their officers and attendants, three hundred fourteen thou-
sand eight hundred and sixty-six dollars.
Senators, &c. For the compensation of the senators and representatives, elected by
of Missouri. Missouri, six thousand dollars.
Contingent - For the expenses of firewood, stationery, printing, and all other con-
expenses. tingent expenses, of the two Houses of Congress, forty-nine thousand
dollars.
Library of For the expenses of the library of Congress, including the librarian's
Congress. allowance for the year, one thousand nine hundred and fifty dollars.
Books, &c. For the purchase of books for the library of Congress, comprehend-
for the library. ing the statutes and the reports of the decisions of the courts of law and
chancery of the different states, with the latest maps of the several
states and territories of the United States, one thousand dollars.
The President. For compensation to the President of the United Stdtes, twenty-five
thousand dollars.
Vice President. For compensation to the Vice President of the United States, five
thousand dollars.
Secretary of For compensation to the Secretary of State, six thousand dollars.
State. For compensation to the clerks in the Department of State, by the act
Clerks. of twentieth April, one thousand eight hundred and eighteen, fifteen thou-
1is, ch. 87. sand nine hundred dollars.
Messengers. For compensation to the messengers in said Department, including the

messenger to the patent office, nine hundred and sixty dollars.
Contingent For the contingent and incidental expenses of the department of
expenses. State, including expenses of distributing copies of the laws of the second
session of the sixteenth Congress, twenty-two thousand seven hundred
dollars.
Secretary of For compensation to the Secretary of the Treasury, six thousand dollars.
the Treasury. For compensation to the clerks in the office of the Secretary of the
Clerks.
1818, ch. 87. Treasury, per act of twentieth April, one thousand eight hundred and
eighteen, ten thousand four hundred dollars.
messengers. For compensation to the messengers in said office, seven hundred and
ten dollars.
1st comptrol- For compensation to the first comptroller of the treasury, three thou-
ler. sand five hundred dollars.
Clerks. For compensation to the clerks in the office of the first comptroller,
1818, eh. 87. per act of twentieth April, one thousand eight hundred and eighteen,

SIXTEENTH CONGRESS. Ss2. II. C. 34. 1821. 629
ten dollars.
For compensation to the second comptroller, three thousand dol- 2d comptrol-
ler.
lars.
For compensation to the clerks in the office of the second comptroller, Clerks.
per act of twentieth April, one thousand eight hundred and eighteen, 1818, ch. 87.
nine thousand seven hundred and fifty dollars.
For compensation to the messenger in said-office, four hundred and Messenger.
ten dollars.
For compensation to the first auditor of the treasury, three thousand 1st auditor.
dollars.
For compensation to the clerks in the office of the first auditor, per act Clerks.
of twentieth April, one thousand eight hundred and eighteen, fifteen 1818, ch. 87.
ten dollars.
For compensation to the second auditor of the treasury, three thousand 2d auditor.
dollars.
For compensation to the clerks in the office of the second auditor, per Clerks.
act of twentieth April, one thousand eight hundred and eighteen, seven- 1818, crh. 87.
teen thousand two hundred dollars.
ten dollars.
For compensation to the third auditor of the treasury, three thousand 3d auditor.
dollars.
For conipensation to the clerkb in the office of the third auditor, per act Clerks.
of twentieth April, one thousand eight hundred and eighteen, twenty- 1818, ch. 87.
eight thousand six hundred dollars.
For compensation to the messengers in said office, seven hundred and Messengers.
ten dollars.
dollars.
For compensation to the clerks in the office of the fourth auditor, per Clerks.
act of twentieth April, one thousand eight hundred and eighteen, 1818, bh. 87.
fifteen thousand and fifty dollars.
ten dollars.
dollars.
For compensation to the clerks in the office of the fifth auditor, per Clerks.
act of twentieth April, one thousand eight hundred and eighteen, ten 1818, ch. 87.
For three clerks to complete the duties of the commissioner of the Clerks.
revenue, transferred to the office of the fifth auditor, three thousand
seven hundred dollars.
ten dollars.
dollars.
For compensation to the clerks in the office of the treasurer, per act Clerks.
of twentieth April, one thousand eight hundred and eighteen, five thou- 1818, ch. 87.
sand two hundred and fifty dollars.
For compensation to an additional clerk, as allowed by act of ap- Additional
propriation of one thousand eight hundred and nineteen, and one thou- clerk to trea-
surer, 1819, ch.
sand eight hundred and twenty; and, also, for an assistant to the chief 54.
clerk, one thousand two hundred dollars. 3820, ch. 40.
ten dollars.
3G2

SIXTEENTH CONGRESS. SEss. II. CH. 34. 1821.
Commissioner For compensation to the commissioner of the general land office, three
of general land thousand dollars.
office.
Clerks. For compensation to the clerks in the office of said commissioner,
18is, ch. 87. per act of twentieth April, one thousand eight hundred and eighteen,
twenty-two thousand five hundred and fifty dollars.
ten dollars.
Register of 'For compensation to the register of the treasury, three thousand
treasury. dollars.
Clerks. For compensation to the clerks in the office of the register, per act
1818, ch. 87. of twentieth April, one thousand eight hundred and eighteen, twenty-
two thousand three hundred and fifty dollars.
Messenger. For compensation to the messenger in said office, including the
allowance for stamping ships' registers, five hundred dollars.
Secretary to For compensation to the secretary of the commissioners of the sink-
sinking fund. ing fund, two hundred and fifty dollars.
Transmitting For allowance to the person employed in transmitting passports and
passports,trans- sea-letters, for expense of translating foreign languages in the office of
lating, &C. in the Secretary of the Treasury, for stationery, fuel, printing, and all other
the treasury, contingent and incidental expenses, in the Treasury Department, and
the several offices therein, forty-eight thousand seven hundred and
forty dollars.
Superintend- For allowance to the superintendent, and four watchmen, employ-
ent and watch- ed for the security of the state and treasury buildings, one thousand nine
men of State
and Treasury hundred dollars.
Departments. For compensation to the Secretary of War, six thousand dollars.
Secretary of For compensation to the clerks in the War Department, per act of
War.
Clerks. twentieth April, one thousand eight hundred and eighteen, twenty-three
1818, ch. 87. thousand four hundred dollars.
Messengers. For compensation to the messengers in said department, seven hun-
dred and ten dollars.
Contingent For expense of fuel, stationery, printing, and other contingent ex-
expenses. penses, in said department, five thousand dollars.
Maps, books,
&c.
For maps, plans, books, and instruments, one thousand dollars.
general. dollars.
Clerks. For compensation to the clerks in the office of the paymaster general,
1818, ch. 87. per act of twentieth April, one thousand eight hundred and eighteen,
nine thousand two hundred dollars.
ten dollars.
general. sand dollars.
Clerks. For compensation to the clerks in the office of said commissary, two
thousand eigit hundred dollars.
Messenger. For compensation to the messenger in said office, three hundred and
sixty dollars.
Adjutant gene- For compensation to the clerks in the office of the adjutant and inspec-
ral's clerks. tor general, per act of twentieth April, one thousand eight hundred and
Isis, ch. si. eighteen, two thousand one hundred and fifty dollars.
Clerks of the For compensation to the clerks in the office of the ordnance, per act
Ordnance. of twentieth April, one thousand eight hundred and eighteen, two thou-
1818, ch. 87. sand nine hundred and fifty dollars.
Clerks of com- For compensation to the clerks in the office of the commissary gene-
missary general ral of subsistence, two thousand one hundred and fifty dollars.
of subsistence.
Clerks in the For compensation to the clerks in the engineer office, two thousand
engineer office. one hundred and fifty dollars.
Clerks. For compensation to the clerks in the surgeon general's office, one
thousand one hundred and fifty dollars.

SIXTEENTH CONGRESS. SEss. II. CH. 34. 1821. 631
For the tontingent expenses of the said office, five hundred dollars. Contingent
For compensation to the Secretary of the Navy, six thousand dollars. expenses. of
For compensation to the clerks in the office of the Secretary of the the Navy.
Navy, per act of twentieth April, one thousand eight hundred and eigh- Clerks.
teen, eight thousand two hundred dollars. 1818, ch. 87.
For compensation to the messengers in said office, seven hundred and Messengers.
ten dollars.
For the contingent expenses of said office, two thousand dollars. Contingent
For compensation to the commissioners of the navy board, ten thou- expenses.
Commissioners
sand five hundred dollars. of navy board.
For compensation to the secretary of the commissioners of the navy Secretary (f
board, two thousand dollars, navy board.
For compensation to the clerks in the office-of the commissioners of Clerks.
the navy board, per act of twentieth April, one. thousand eight hundred 1818, ch. 87.
and eighteen, three thousand five hundred and fifty dollars.
For compensation to three clerks, and a draftsman, as allowed by acts of Other clerks,
appropriation for one thousand eight hundred and nineteen, and one thou- &O. 1819, oh. 54.
sand eight hundred and twenty, in the office of said commissioners, four 1820, oh. 40.
thousand dollars. For compensation to the messenger, in said office four
hundred and ten dollars. Messenger.
For the .contingent expenses of said office, two thousand dollars. Contingent
For allowance to the superintendent, and four watchmen, for the secu, expenses.
rity of the war ahd navy buildings, and for the repairs of engine, hose, Security of
and buckets, one thousand nine hundred dollars. bar adings.
For compensation to two assistant postmasters general, five thousand general.
Assistant
dollars. p.M. general.
For compensation to the clerks in the general post-office, per at of Clerks.
twentieth April, one thousand eight hundred and eighteen, twenty-two 1818, oh. 87
For compensation to the messengers in said office, ix hundred and Messengers.
sixty dollars.
For contingent expenses of said office, four thousand dollars, Contingent
For corppensation to the surveyor general, two thousand dollars. expenses.
For compensation to the clerks in the office of the surveyor general, general.
two thousand one hundred dollars. Clerks.
For compensation to the surveyor south of Tenn4ssee, two thousand Surveyor
south of Ten-
dollars, nessee.
For compensation to the clerks in the office of said surveyor, one Clerks.
tw6 thousand dollars. Illinois and
Missouri.
For compensation to the clerks in the office of said surveyor, two thou- Clerks.
sand dollars.
For compensation to the clerks in the office of the surveyor, in Alabama.
Clerks.
Alabama, one thousand five hundred dollars.
For compensation to the commissioner of puablic buildings, at Wash- erCommission-
of public
ington city, two thousand dollars, buildings.
For compensation to the officers and clerks in the mint, nine thousand Officers and
six hundred dollars, clerks in the
mint.
For wages of persons employed in the different operations of the mint, Persons em-
-nine thousand and fifty dollars, ployed in the
For incidental and contingent expenses, and repairs, cost of machinery, mint.
and for allowance of wasteage in the gold and silver coinage of the mint, Contingent
eight thousand one hundred dollars. eopens.
For compensation to the governor, judges, and secretary, of the
Arkansas territory, six thousand six hundred dollars.
of Arkansas.
expenses,
dollars.

632 SIXTEENTH CONGRESS. SESS. II. Cn. 34. 1821.
Governor, &c. For compensation to the governor, judges, and secretary, of the Michi-
of Michigan. gan territory, six thousand six hundred dollars.
Contingent For the contingent expenses of said territory, three hundred and fifty
expenses.
dollars.
United States. district judges, of the United States, including the chief justice and asso-
ciate judges of the district -of Columbia, seventy-eight thousand two
hundred dollars.
Attorney gen- For compensation to the attorney general of the United States, three
Clerks. For compensation to the clerk in the office of the attorney general,
1818, ch. 87.
per act of twentieth April, one thousand eight hundred and eighteen,
Contingent For contingent expenses of said office, including compensation to the
expenses. messenger, five hundred dollars.
decisions of Su- Court, one thousand dollars.
preme Court.
District attor- For compensation to sundry district attorneys and marshals, as granted
neys and mar- by law, including those in the several territories, eight thousand nine
shals. hundred and fifty dollars.
Sundry pen-
sions. For the payment of sundry pensions, granted by the late and present
governments, onethousand five hundred and ninety dollars.
Disabled sea- For making good a deficiency in the fund for the relief and protection
men. of sick and disabled seamen, fifty thousand dollars.
Lighthouses. For the support of lighthouses, and other establishments for the pro-
tection of navigation, one hundred and two thousand three hundred and
forty-one dollars and twenty-eight cents.
Surveying For surveying the public lands of the United States, ofle hundred and
public lands.
fifty thousand dollars.
Clerks in the For additional compensation allowed by the act of the twentieth April,
office of super- one thousand eight hundred and eighteen, to the clerks in the office of the
intendent of In- superintendent general of Indian trade, four hundred and fifty dollars.
dian trade.
Bringing For bringing on the votes of President and Vice President, three
votes, &c. thousand one hundred and ninety-five dollars and fifty cents.
Ships' regis-
ters. For expenses of ships' registers, three thousand seven hundred and
fifty dollars.
Miscellaneous For the discharge of such miscellaneous claims against the United
claims. States, not otherwise provided for, as shall be admitted in due course of
settlement at the treasury, six thousand dollars.
Salaries of For -the salaries of the ministers of the United States to London,
ministers of the Paris, St. Petersburg, and Madrid, with the salaries of their several
United States
in foreign secretaries of legation, and the salaries of the charge d'affaires at the
places. Hague, Rio Janeiro, and at Stockholm, fifty-seven thousand five hundred
Outfit for dollars.
minister at
Paris. For an outfit to a minister at Paris, nine thovsand dollars.
Contingencies For the contingent expenses of those missions, ten thousand dollars.
of foreign mis- For the contingent expenses of. foreign intercourse, thirty thousand
sions.
Foreign inter- dollars.
course. For the expenses of intercourse with the Barbary powers, forty-two
Barbary thousand dollars.
powers.
Agents for For salaries of the agents for claims on account of spoliations and for
claims and seamen, at London and Paris, four thousand dollars.
seamen. For the relief and protection of American seamen in foreign countries,
Relief of
seamen. forty thousand dollars.
Opening a For opening, under the direction of the Secretary of War, within the
road inthe In- Indian country, a road from a point at or near Turner Brashears' stand,
dian country.
on the old Natchez road, to a point at or near Columbus, on the military
road, the sum of five thousand dollars, which, by an act of the twenty-
seventh of March, one thousand eight hundred and eighteen, was appro-

SIXTEENTH CONGRESS. SEss. II. Cu. 35. 1821.
priated for keeping in repair said old road from Natchez to Columbia, in 1818, oh. 24.
Tennessee, and which remains unexpended.
SEc. 2. And be it further enacted, That the several appropriations Out of moneys
STATUTE 111.
CHAP. XXXV.-n .et i making appropriationsfor the military service of the March 3,1821.
United States, for the year on thousand eight hundred and twenty3-one. lObsolete.]
Be it enacted by the Senate and House of Representatives of the United Sums appro-
States of America, in Congress assembled, That the following sums be, priated,for-
and the same are hereby, respectively, appropriated for the military ser-
vice of the United States, for the year one thousand eight hundred and
twenty-one, to wit:
For the pay of the army and subsistence of the officers, nine hundred Pay and sub-
and fifty-four thousand five hundred and fifty-five dollars eighty-six cents, sistence of' ofi-
in addition to an unexpended balance of the year one thousand eight
hundred and twenty, of one hundred and eighty thousand eight hundred
and eighty dollars and seventy-eight cents.
For three months' gratuitous pay for disbanded officers and soldiers, Pay of dis-
including travelling allowances for the same, sixty thousand dollars. banded officers.
For subsistence, one hundred and four thousand six lundred and fifty- Subsistence.
four dollars and sixty-seven cents, in addition to the sum of one hundred
and fifty thousand dollars already appropriated.
For forage for officers, forty-one thousand five hundred and forty-one Forage.
dollars.
For clothing, two hundred and seventy-six thousand five hundred and Clothing.
sixty-five dollars and twenty-five cents, in addition to an unexpended
balance of thirteen thousand nine hundred and three dollars and seventy-
two cents.
For the medical aund hospital department, twenty-four thousand five Medical and
hundred and five dollars, in addition to an unexpended balance of nine hospital depart-
thousand eight hundred and eighty-one dollars and sixty-five cents. meat.
For the quartermaster general's department, two hundred and two Quartermaster
thousand eight hundred and sixty-eight dollars, in addition to the general's de-
sum of one hundred aid fifty thousand dollars already appropriated, partment.
to wit:
For regular supplies, transportation, rents, and repairs, postage and Suppiies,
eourts martial, and contingencies of the department, and pay of soldiers transportation,
employed in the erection and repairs of barracks, surveys, roads, and rents, &c.
other labour, three hundred and seventeen thousand eight hundred and
sixty-eight dollars.
To complete the barracks at Baton Rouge, twenty thousand dollars; Barracks a,
and for the transportation of ordnance, fifteen thousand dollars. Baton Rouge.
For arrearages in the quartermaster general's department, twenty thou- Arrearages.
sand dollars.
For the military academy, seventeen thousand and thirty-six dollars and Military
twenty-two cents. academy.
For fortifieations, two hundred and two thousand dollars, in addition Fortifications.
to an unexpended balance of one hundred thousand dollars; to be applied
to the following fortifications, to witi
Fort Delaware, fifty-five thousand dollars, to complete the same. Fort
FortDelaware.
Wash.
Fort Washington, twenty-two thousand dollars. ingon.
i tMonroe.
Fort Monroe, sixty-five thousand dollars.
Fort Calhoun, fifty thousand dollars. Fort Calhoun.
Rigolets, sixty thousand dollars. Rigolets.
MobiJe Point.
Mobile Point-, thirty thousand dollars.
VOL. 11.-80 ,

634 SIXTEENTH CONGRESS. Srss. H1. CH36 . 1821.
Repairs, &c. Repairs and contingencies, twenty thousand dollars.
Contingencies. For the contingencies of the army, forty thousand dollars.
National For the national armories, three hundred and forty thousand dollars,
in addition to an unexpended balance of twenty thousand dollars.
Ordnance For the current expenses of the ordnance service, an unexpended
balance of twenty-three thousand six hundred and sixty-three dollars and
seven cents.
Contracts, &c. For the fulfilment of existing contracts for cannon, shot, and shells,
and for the purchase of one thousand sword belts, and of timber for gun
carriages, fifty-three thousand two hundred and fifty dollars.
Invalid pan- For the annual allowance to the invalid pensioners of the United
sioners. States, two hundred and thirteen thousand three hundred and twenty-
four dollars, in addition to an unexpended balance of one hundred and
one thousand six hundred and seventy-six dollars and seventy-five cents.
Widows and For the half-pay pensions of widows and orphans, thirty thousand
orphans. dollars,
Arrearages. For arrearages, prior to the first of January, eighteen hundred and
seventeen, fifty thousand dollars, in addition to a former appropriation of
twenty thousand dollars.
in Arrearages
Indian de- For arrearages in the Indian department, one hundred and thirty
partment. thousand two hundred and five dollars and forty-four cents.
Indian depart- For the current expenses of the Indian department, one hundred
ment. thousand dollars.
Revolutionary For the annual allowance to the revolutionary pensioners of the United
pensioners. States, one million two hundred thousand dollars, being part of the un-
expended balance of a former appropriation.
Creek treaty. For carrying into effect the treaty concluded with the Creek nation,
on the eighth of January, one thousand eight hundred and twenty-[one,]
and ratified by and with the advice and consent of the Senate, on the
twenty-fourth of February, one thousand eight hundred and twenty-one,
forty-eight thousand five hundred dollars.
Choctaw treaty. For carrying into effect the treaty concluded with the Choctaw nation
1823, ch. 27 §3. of Indians, on the eleventh of October,_one thousand eight hundred and
twenty, sixty-five thousand dollars ; and for payment of one year's annuity
to Mushulatubba, a Choctaw chief, one hundred and fifty dollars.
Road in the For completing the road in the state of Georgia, through the Creek
stateofGeorgia. nation, under the acts of the twenty-seventh April, one thousand eight
1816, ch. 112. hundred and sixteen, twenty-seventh March, one thousand eight hundred
IS18, ch. 24.
1820, ch. 45. and eighteen, and fourteenth April, one thousand eight hundred and
twenty, one thousand dollars.
Arsenal at For discharging arrearages incurred in building the arsenal at Augusta,
Augusta. in Georgia, forty thousand dollars.
Out of money Sac. 2. And be it further enacted, That the several appropriations,
in the treasury. hereinbefore made, shall be paid out of any money in the treasury not
STATUTE II.
March 3, 1821. CHAP. XXXVI.-.An Yct making appropriations for the support of the navy of
[Obsolete.] the United States,for the year one thousand eight hundred and twenty-one.
Sums appro- Be it enacted by the Senate and House of Representativesof the United
priated, for- States of America, in Congress assembled, That, for defraying the ex-
penses of the navy, for the year one thousand eight hundred and twenty-
one, the following sums be, and the same are hereby, respectively appro-
priated :
Pay and sub- For the pay and subsistence of the officers, and pay of the seamen,,
sistence of offi- nine hundred and eighty-three thousand three hundred and twenty-five
cers. dollars and twenty-five cents.

SIXTEENTH CONGRESS. Snss. I. Cia. .7, 38. 1821.
For provisions, three hundred and thirty-seven tholsandi eight hun- Provisions.
dred and thirty-one dollars.
For medicines, hospital stores, and all expenses on account of the sick, Medicines.
thirty-two thousand dollars.
For repairs of vessels, three hundred and seventy-five thousand dollars. Repairs of
For improvement of navy yards, docks, and wharves, pay of superinten- vessels.
Navy yards,
dents, storekeepers, clerks, and labourers, twenty-five thousand dollars. &.
For ordnance and ordnance stores, twenty-five thousand dollars. Ordnance, &c.
For contingent expenses, two hundred thousand dollars. Contingent
For pay and subsistence of the marine corps, one hundred and sixty- expenses.
nine thousand three hundred and ninety-three dollars. Marine corps.
For clothing the same, thirty thousand six hundred and eighty-six dol-
lars and thirty-one cents.
For fuel for the same, six thousand eight hundred and fifty-seven dol-
lars and fifty cents.
For contingent expenses of the same, fourteen thousand dollars.
For completing the equipment. of the vessels constructed in pursuance Equipment of
of the act authorizing the building of a certain number of small vessels small vessels of
war.
of war, ten thousand dollars. 1820, ch. 108.
For the purpose of enabling the Secretary of the Navy to remove ob- Removing
structions placed in the river Thames, in Connecticut, by the comman- obstructions in
der of the American ships, during the late war, one hundred and fifty river Thames.
dollars.
SEc. 2. And be it further enacted, That the several appropriations Outofmoneys
hereinibefore made, shall be paid out of any money in the treasury not in the treasury.
STATUTE II.
CRAP. XXXVIL-9n Act making appropriationsfor the publUc buildings. March 3, 1821.
Be it enacted by the Senate and House of Representativesof the United [Obsolete.]
States of America, in Congress assembled, That, for continuing the work Sums appro-
priated,for-
on the centre building of the capitol, and other improvements on the
public buildings, the following sums of money be, and hereby are, ap-
propriated:
F.-r continuing the Work on the centre building, the sum of eighty Centre building.
thousand dollars.
For covering the roof of the President's house with copper, seven President's
thousand eight hundred and forty-five dollars. house.
For graduating and improving the ground around the Capitol, two Ground round
thousand dollars. the Capitol.
For improvements in the Senate chamber, and in the hall of the House Senate cham-
of Representatives, and in the library, seven hundred dollars. ber, hall, and
SEc. 2. And be it further enacted, That the unexpended balances library.
Unexpended
of appropriations to other public buildings, are hereby appropriated to the balance to the
centre building. centre building.
Src. 3. Ant be it frrther enacted, That the said several sums of money Out of moneys
be paid out of any moneys in the treasury not otherwise appropriated. in the treasury.
APeRovEO, March 3, 1821.
STATUTE II.
CHAP. XXXVIII.--n At to authorize the Presidentof the United Ntutes to March 3, 1821.
borrow a sum nwt exceedingfive millions of dollars.
[Obsnlcte.]
Be it enacted bjythe Senate and House of Representativrs of the United The President
SItates -o( America, in Congress assembled, That the President of the empow ered to
United States be, and he is hereby, empowered to borrow, on the credit horrow not more
than 5,000,000
of the United States, a sum n6f exceeding five millions of dollars, at a dollars lit not

636 SIXTEENTH CONGRESS. Sass. II. Cm. 38. 1821.
exceeding five rate of interest, payable quarter-yearly, not exceeding five per centum per
per centum.
Reimbursable annum, and reimbursable, at the will of the government, at any time after
after 1st Jan., the first day of January, one thousand eight hundred and thirty-five; to
1835. be applied, in addition to the moneys now in the treasury, or which may
be received therein from other sources, during the present year, to defray
Stock trans- any of the public expenses which are, or may be, authorized by law.
ferable. The stock thereby created shall be transferable in the same manner as is
provided by law for the transfer of the public debt.
The Bank of SEC. 2. And be it further enacted,That it shall be lawful for the Bank
the United of the United States to lend the said sum, or any part thereof; and it is
States may led hereby further declared, that it shall be deemed a good'execution of the
said power to borrow, for the Secretary of the Treasury, with the appro-
bation of the President of the United States, to cause to be constituted
Certificates ofcertificates of stock, signed by the register of the treasury, or by a corn-
stock may and
constituted be missioner of loans, for the sum to be borrowed, or for any part thereof,
sold. bearing an interest of five per centum per annum, transferable and re-
imbursable as aforesaid, and to cause the said certificates of stock to be
Proviso. sold: Provided, That no stock be sold under par.
The Secretary SEc. 3. And be it further enacted, That the Secretary of the Treasury
of Treasury may be, and he is hereby, authorized, with the approbation of the President
employ agents uf the United States, to employ an agent, or agents, for the purpose of
to obtain sub-
scriptions, or to obtaining subscriptions to the loan authorized by this act, or of selling
sell the stock. any part of the stock to be created by virtue thereof. A commission of
Commissions not exceeding one-eighth of one per centum on the amount thus sold, or
to agents. for which subscriptions shall be obtained, may, by the Secretary of the
Treasury, be allowed to such agent or agents; and a sum not exceeding four
thousand dollars, to be paid out of any moneys in the treasury not other-
wise appropriated, is hereby appropriated for that object, and subscription
certificates, and certificates of stock, and other expenses incident to the
due execution of this act.
Surplus of the SEC. 4. And be it further enacted, That so much of the funds con-
annual appro- stituting the annual appropriation of ten millions of dollars, for the pay-
priation of ment of the principal and interest of the public debt of the United States,
10,000,000 dot-
lars pledged for as may be sufficient for that purpose, after satisfying the sums necessary
the payment of for the payment of the interest, and of such part of the principal, of the
the principal of said debt, as the United States are now pledged annually to pay and re-
the
loanstock of the
thimburse, is hereby
interest, and for the pledged and appropriated
reimbursement for theof payment
of the principal, the stock of the
which
Commissioners may be created by virtue of this act. It shall, accordingly,

be the duty of
or the sioing the commissioners of the sinking fund to cause to be applied, and paid out
fund authorized of the said fund, yearly, such sum and sums as may annually be necessary
to apply the to discharge the interest accruing on the said stock, and to reimburse the
sums necessary. principal, as the same may become due, and may be discharged in con-
formity with the terms of the loan. And they are further authorized to
apply, from time to time, such sum or sums towards discharging, by pur-
chase, and at a price not above par, the principal of the said stock, or any
Vaith of the part thereof; and the faith of the United States is hereby pledged to es-
lnited States tablish sufficient revenues for making up any deficiency that may here-
pledged after take place in the funds hereby appropriated for paying the said
interest and principal sums, or any of them, in manner aforesaid.

SIXTEENTH CONGRESS. S Css.II.
On. 39. 1821. 637
STATUTE I.
CHAP. XXXIX.-,An Act for carrying into execution the treaty between the March 3, 1821.
United States and Spain, concluded at Washiigtonon the twenty-second day of
February,one thousand eight hundred and nineteen. (a)
President
Be it enacted by the Senate and )1ouse of Representatives of the United thorized an-
to take
States of America, in Congress assembled That the President of the possession of
(a) See note to act of Mar. 3, 1819, ch. 93, for the acts passed relating to the territory of Florida.
The decisions of the Supreme Court upon the treaty between the United States and Spain of 22d of
February, 1819, by which Florida was ceded to the United States, and upon the act of March 3, 1821,
have been :
By the stipulations of a treaty, are to be understood its language and apparent intentions, manifested
in the instrument; with a reference to the contracting parties, the subject matter and persons on whom
it is to operate. United States v.Arredondo et al., 6 Peters, 710.
The judiciary is not that department of the government to which the assertion of its interest against
foreign powers is confided; and its duty, commonly, is to decide upon individual rights according to
those principles which the political departments of the nation have established. If the course of the
nation has been a plain one, its courts would hesitate to pronounce it erroneous. However individual
judges might construe the treaty of St. Ildefonso, it is the proviice of the Supreme Court of the United
States to confine its decisions to the will of the legislature, if that will has been clearly expressed.
FosterandElame. Neilson, 2 Peters, 307. United States v.Arredondo, 6 Peters, 710.
A treaty of cession is a deed of the ceded territory; the soveriign is the grantor, and the act is his;
so far as relates to the cession the treaty is his act and deed, and all courts must so consider it; and
deeds are construed in equity by the rules oflaw. Ibid. 738.
The Spanish version of the Florida treaty was in the words of the king, and expressed his intention;
and though the American version showed the intention of the American government to be different, the
Supreme Court cannot adopt, it to decide what was granted by the king of Spain, what accepted and
what reserved : the roles of law are too imperative to be disregarded or mistaken. The true interpre-
tation of the Spanish language of the treaty is, that the grants of lands in Florida, made before the
treaty,except those specially excepted, is that these grants remain confirmed.-The proprietors of such
grants could bring suits to recover them without any action of Congress; and any question arising would
be purely ajudicial question. Ibid. 741.
The object of the treaty with Spain, which ceded Florida to the United States, dated 92d May, 1819,
was to invest the commissioners with full power and authority to receive, examine, and decide upon the
amount and validity of asserted claims upon Spain, for damages and injuries. Their decision, within
the scope of this authority, is conclusive and final, and is not re-examinable. The parties must abide
by it, as the decree of a competent tribunal of exclusive jurisdiction. A rejected claim cannot be
brought again under review in any judicial tribunal. But it does not naturally follow that this authority
extends to adjust all conflicting rights, of different citizens, to the fund so awarded. The commission-
ers are to look to the original claim for damages and injuries against Spain itself; and it is wholly
immaterial, who is the legal or equitable owner of the claim, provided he is an American citizen.
Comegys et al. v.Vasse, 1 Peters, 212.
After the validity and amount of the claim has been ascertained by the award of the commissioners,
the rights of the claimant to the fund, which has passed into his hands and those of others, are left to
the ordinary course of judicial proceedings, in the established courts of justice. Ibid. 212.
The treaty with Spain recognised an existing right in tleaggrieved parties to compensation; and did
not, in the most remote degree, turn upon the notion of donation or gratuity. It was demanded by our
government as matter of right, and as such was granted by Spain. Ibid. 217.
Even in cases of conquest, itis very unusualfor the conqueror to do more than to displace thesove-
reign and assume dominion over the country. The modern usage of nations, which has become law,
would be violated; that sense of justice and of right, which is acknowledged and felt by the whole
civilized world, would be outraged, if private property should be generally confiscated, and private
rights annulled on a change in the sovereignty of the country, by the Florida treaty. The people
change their allegiance, their relation to their.ancient sovereign is dissolved ; but their relations to each
other and their rights of property remain undisturbed. Had Florida changed its sovereign by an act
containing no stipulation respecting the property of individuals, the right of ptoperty in all those who
became subjects or citizens of the new government would have been unaffected by the change. It would
have remained the same as Under the ancient sovereign. United States v. Percheman, 7 Peters 51..
The language of the second article of the treaty between the United States and Spain, of 22d
February, 1819, by which Florida was ceded to the United States, conforms to this general principle.
Ibid.
The eighth article of the treaty must be intended to stipulate expressly for .the security to private
property, which the laws and usages of nations would, without express stipulation, have conferred. No
construction which would impair that security, further than its positive words require, would seem to
be admissible. Without it, the titles of individuals would remain as valid under the new government as
they were under the old. And those titles, so far at least as they were consummated, might be
asserted in the courts of the United States, independently of this article. Ibid.
The treaty was drawn up in the Spanish as well asin the English languages. Both are original, and
were unquestionably intended by the parties to be identical. The Spanish has been translated ; and it
is now understood that t]e article expressed in that language is, that " the grants shall remain ratified
and confirmed to the persons in possession of them, to the same extent," &c.; thus conforming exactly
to the universally received law of nations. Ibid.
If the English and Spanish part can, without violence, be made to agree, that construction which
establishes this conformity ought to prevail. Ibid.
No violence is done to the language of the treaty by construction which conforms the English and
Spanish to each other. Although the words " shall be ratified and confirmed," are properly wprds of
31H

638 SIXTEENTH CONGRESS. SEss. I1. CH.39. 1821.
east and west United States be, and he is hereby, authorized to take possession of, and
Florida. occupy, the territories of east and west Florida, and the appendages and
And remove appurtenances thereof; and to remove and transport the offices and
Spanish troops, soldiers of the king of Spain, being there, to the Havanna, agreeably to
according to the stipulations of the treaty between the United States and Spain, con-
treaty. eluded at Washington, on the twenty-second day of February, in the
year one thousand eight hundfed and nineteen, providing for the cession
contract, stipulating for some future legislation, they are not necessarily so. They may import that
'they shall be ratified and confirmed" by force of the instrument itself. When it is observed that in
the counterpart of the same treaty, executed at the same time, by the same parties, they are used in
this sense, the construction is proper, if not unavoidable. Ibid.
In the case of Foster and Elam v.Neilson, 2 Peters, 253, the Supreme Court considered those words
importing a contract. The Spanish part of the treaty was not then brought into view, and it was then
supposed there was no variance between them. It was not supposed that there was even a formal
dilerence of expression in the same instrument, drawn up in the language of each party. Had this
circumsfnce been known, it is believed it would have produced the construction which is now given to
the article. Ibid.
By the law of nations, the inhabitants, citizens, or subjects of a conquered or ceded country, ter-
ritory, or province, retain all the rights of property which have not been taken from them by the orders
of the conqueror; and this is the rale by which we must test its efficacy according to the act of Con-
gress, which we must consider as of binding authority. United States v.Clarke, 9 Peters, 168.
A treaty of cession is a deed or grant by one sovereign to another, which transferred nothing to which
be had no right of property ; and only such right as he owned, and could convey to the grantee. By
the treaty with Spain, the United States acquired no landsin Florida to which any person had lawfully
obtained such a right, by a perfect or inchoate title, that this court could consider it as property under
the second article; or which had, according to the stipulations of the eighth article of the treaty, been
granted by the lawful authorities of the king ; which words, grants, or concessions, were to be construed
in their broadest sense, so as to comprehend all lawfil acts which operated to transfer a right of pro-
perty, perfect or imperfect. Ibid.
The effect of the clauses of the confirmation of grants made was, that they confirmed them presently
on the ratification of the treaty, to those in possession of the lands ; which was declared to be, that
legal seisin and possession which follows title, is co-extensive with the right, and continues till it is
ousted by an actual adverse possession, as contradistinguished from residence and occupation. iid.
The United States, by accepting the cession under the terms of the eighth article, and the ratification
by the king, with an exception of the three annulled grants to Allegon, Punon Rostro, and Vargas, can
make no other exceptions of grants made by the lawful authorities of the king. Ibid.
The meaning of the words lawful. authorities, in the eighth article, or competent authorities in the
ratification, must he taken to lie, a by those persons who exercised the granting power by the authority
of the crown." The eighth article expressly recognises the existence of these lawful authorities in the
ceded territories,desig iating th governor or intendant, as the case might be, as invested with such
authority : which is to le doiiieil competent till the contrary is made to appear. Ibid.
By 11the laws (if Spain" is tn he understood the will of the king expressed in his orders, or by his
authority, evidenced by the nets themselves ; or by such usage and customs in the province as may be
presumed to have emanated lrnothe king, or to have been sanctioned by him, as existing authorized
local laws. Ibid.
In addition to the established principles heretofore laid down by this court as the legal effect of an
usage or custom, there is one which is peculiarly appropriate to this case. The act of Congress giving
jurisdiction to this court to adjudicate on these causes, contains this clause in reference to grants, &c.,
"1which was protected and secured by the treaty, and which might have been perfected into a complete
title, under and in conformity to the laws, usages and customs of the government under which the same
originated." This is an express recognition of any known and established usage or custom in the Spanish
provinces, in relation to the grants of land, and the title thereto, which brings them within a well
established rule of law : that a custom or usage, saved and preserved by a statute, has the force of an
express statute, and shall control all affirmative statutes in opposition, though it must yield to the
authority of negative ones, which forbid an act authorized by a custom or usage thus saved and pro-
tected ; and this is the rule by which its efficacy must be tested, according to the act of Congress,
which must be considered of binding authority. Ibid.
By the eighth article of the treaty ceding Florida to the United States, the same time is allowed to
the owners of land granted under the authority of Spain, to fulfil the conditions of their grants, after
the date of the treaty as was limited in the grants. -t has been decided by this court, in the case of
Arredondo, that as to individual rights, the treaty is to be considered as dated at its ratification. United
States v. Sibbald, 10 Peters, 313.
It has been decided, in Arredondo's case, that that provision of the treaty as to the performance of
the conditions in grants, is not confined to owners of land by occupancy or residence ; but extends to
persons who have a legal seisin and possession of land, in virtue of a grant' and that, in the situation
of the province, and the claimants to land at tile time of the cession, it was enough that they should
show a performance of the condition cy pres. Ibid.
In the construction of the Florida treaty, it is admitted that the United States succeeds to all those
equitable obligations which we are to suppose would have influenced his Catholic majesty, to secure
their property to hissubjects, and which would have been applied by him in the construction of a con-
ditional grant, to make it absolute ; and further, that the United States must maintain the rights of pro-
perty under it, by applying the laws and customs by which those rights were secured, before Florida
was ceded ; or by which an inchoate right of property would, by those laws and customs, have been
adjudicated by the Spanish authority to have become a perfect right. United. States v. Mills' Heirs, 12
Peters, 215.

SIXTEENTH CONGRESS. Sas. I. O, 39. 1821. 639
of said territories to the United States ; and he may, for these purposes, May employ
the United
and in order to maintain in said territories the authority of States, the armfy, navy,
and and militia.
States, employ any part of the army and navy of the United
the snilitia of any state or territory, which he may deem necessary.
SEC. 2. And be it further enacted, That, until the end of the first ses- Organization
unless provision for the temporary government of government,
sion of the next Congress, •
as the President
of said territories be sooner made by Congress, all the military, civil, and may direct.
judicial, powers exercised by the officers of the existing government of
the same territories, shall -be vested in such person and persons, and shall
be exercised in such manner, as the President of the United [States]
shall direct, for the maintaining the inhabitants of said territories in the
free enjoyment of their liberty, property, and religion; and the laws of
the Uniited States relating to the revenue and its collection, subject to Revenuelaws,
anlaws pro-
the modification stipulated by the fifteenth article of the said treaty, in
favour of Spanish vessels and their cargoes, and the laws relating to the portation ofper.
importation of persons of colour, shall be extended to the said territories, sons of colour,
And-the President of the United States shall be, and he is hereby, auth- to President
be in torce.an-
rized within the term aforesaid, to establish such districts for the collec- thorized to es-
tion of the revenue, and during theexpirerecess of Congress, to appoint such tablish collec-
offiersand shall
officers, whose commissions at the end of the next session districts,
tion appoint
of Congress, to enforce the said laws, as to him shall seem expedient. officers.
SEC. 3. And be it further enacted, That the President of the United President to
States be, and he is• hereby, authorized to appoint, during the recess of appoit a and
missioner corn-
the Senate, a commissioner and surveyor, whose commissions shall ex- surveyor, &c.
pire at the end of the next session of Congress, to meet the commissioner
and surveyor who may be appointed on the part of Spain, for the purposes President may
stipulated in the fourth article of said treaty; and that the President be, take all other
and he is hereby, further authorized to take all other measures which he measurese
shall judge proper, for carrying into effect the stipulations of the said
fourth article.
SEC. 4. And be it further enacted, That a board of three commission- Board of
ers shall be appointed, conformably to the stipulations of the eleventh-ar- sinners,commis-
three accord-
tile of the said treaty: and the President of the United States is hereby ing to l1th arti-
authorized to take any measures which he may deem expedient for or- cle of.the
ganizing the said board of commissioners,
gaixn and, for this purpose, may am treaty.
President may
point a secretary well versed in the French and Spanish languages, and a organize the
clerk; which appointments, if made during the recess of the Senite, board.
shall, at the next meeting of that body, be subject to nomination for their Secretary.
Clerk.
advice and consent.
SEC. 5. And be it further enacted, That the compensation of the re- Compensation.
spective officers, for whose appointment provision is made by this act,
hall not exceed the following sums:
The commissioner to be appointed conformably to the fourth article, .Of commis-
sioner under the
at the rate, by the year, of three thousand dollars. 4th article.
To the surveyor, two thousand dollars. Of surveyor.
To each of the three commissioners to be appointed conformably to Of the com-
the eleventh article of the treaty, three thbusand dollars. missioners un-
der the I1th ar-
To the secretary of the board, two thousand dollars. ticle.
To one clerk, one thousand five hundred dollars. Of the se-
SEC. 6. And be it further enacted, That, for carrying this act into ex- cretary.
ecution, the 'sum of one hundred thousand dollars be, and hereby is, ap- 100,000 dol-
propriated,to be taken from any moneys in the treasury not otherwise lars forcarrying
appropriated. this act into ex-
ecution.

SIXTEENTH CONGRESS. Ses. I1. CH. 40,41, 42. 1821.
STATUTT IT.
March 3, 1821. CrAP. XL.-sn .Sct establishing the salaries of the commissioners and agents
[Obsolete.] appointedunder the treaty of Ghent.
2500 dolls, per Be it enacted by the Senate and House of Representatives of the United
annum to each
commissioner. States of America, in Congress assembled, That, from and after the
first day of January, one thousand eight hundred and twenty-one, each
commissioner now appointed, or who may be appointed agreeably to the
provisions of the treaty of Ghent, shall be entitled to receive at the rate of
2500 dolls.
11111111 per twenty-five hundred dollars per annum; and each agent appointed, or
to each
agent. who may be appointed, as aforesaid, shall be entitled to receive at the
rate of twenty-five hundred dollars per annum ; which said sums, so al-
In full. lowed to said officers, respectively, shallbe afull compensation for services
and all personal expenses incurred while in theperformance of the duties
Proviser. of their respective offices: Provided,That the compensation by this section
allowed, shall not be continued longer than two years from the said first
day of January, one thousand eight hundred and twenty-one.
Commission- SEC. 2. And be itfurther enacted, That each commissioner and agent
ers and agents shall not be entitled to receive, for services performed in their respective
not entitled, be-
fore Jan. 1, offices, before the said first day of January, one thousand eight hundred
1821, to and twenty-one, any greater sum than the rate of four thousand four hun.
more than dred and forty-four dollars per annum, which shall be considered a full
4444 dollars
per annum in compensation for services, and all personal expenses incurred while in the
full, &eC. discharge of their respective duties.
25,000 dollars SEc. 3. And be it further enacted, That the sum of twenty-five thou-
for payment of sand dollars be, and the same is hereby appropriated for the payment of
salaries, &c.,
during 1821. the salaries of the said commissioners and agents, and for the expenses
under the several commissions under the treaty of Ghent, for the present
year.
STATUTE II.
March 3, 1821. CHAP. XLI.-S2n 2et to authorize the collectorsof custom to pay debenturesissued
[Obsolete.] on the exportation of loaf sugar and spirits distilledfrom molasses.
Debentures Be it enacted by the Senate and House-of Representatives of the United
issued upon the States of America, in Congress assembled, That all debentures which
exportation of
spirits distilled have been, or may hereafter be issued upon the exportation of spirits
from molasses, distilled from molasses, or sugar refined within the United States, shall
or refined sugar, be payable within thirty days after the passing of this act, or thirty days
to be payable
within thirty after the date of their issue, as the case may be, and shall be discharged
days, &c. by the collector of the customs, by whom -they may have been, or shall
be, issued, out of the product of the duties upon imports and tonnage;
any thing in any act or acts of Congress' to the contrary notwithstand-
ing.
ArPROVD, March 3, 1821.
STATUTE II.
March 3, 1821. CHAP. XLI.-An act to extend the time for uilading vessel;'-arrivingfrom
[Obsolete.] foreign ports, in certain cases.
Vessels ex- Be it enacted by the Senate and House of Representatives of the United
ceeding300tons States of America, in Congress assembled, That'when the capacity of any
allowed 20 days
for unlading. vessel, arriving with a cargo from a foreign port, shall exceed three hun-
dred tons, the term for unlading such vessel shall hereafter be twenty
days from the report of arrival, Sundays excepted.

SIXTEENTH CONGRESS. SEss. II. CH. 43, 44,45,46. 1821. 641
STATUTE II.
-CHAP. XLIIM.-An Act authorizing the Secretary of the Treasury f the United March 3, 1821.
States to sell and convey a certain tract of land in Northumberland County, in [Obsolete.]
the state of Virginia.
Be it enacted by the Senate and House of Representatives of the United The Secreta-
States of America, in Congress assembled, That the Secretary of the sury authorized
Treasury of the United States be, and he is hereby, authorized and em- to sell the right
powered to sell and dispose of, at public or private sale, all the estate, of the United
right, title, interest, claim, and demand, of the United States of America, piece of land
of, in, and to, all that certain tract, or piece of land, situate in Northum- formerly owned
berland county, in the state of Virginia, formerly owned by Presly Thorn- orn
by Presly in
Thornton,
ton, of the said county and state, and late of Sharp Delany, containing Virginia.
about two thousand five hundred acres, be the same more or less; the
same being the premises which William Lewis and Thomas Robinson,
by deed of indenture, executed on the second day of June, apno domini
one thousand eight hundred and nine, grunted -and conveyed to the
United States; the moneys arising from the said sale to be appropriated Appropriation
towards the payment of a debt due from the late Sharp Delany to the of the moneys
arising from
United States; and the residue thereof, if any there be, to be paid over the rle.
to the legal representatives of the said Sharp Delany.
STATUTE II.
CHAP. XLIV.-An Act to regulate the location of land warrants,and the issuing March 3,1821.
of patents, in certain cases. [Obsolete.]
Be it enacted by the Senate and House of Representatives of the United 5, Act1816,
Ofch.25.
States of America, in Congress assembled, That the holders, by assign- Act of March
ment, of warrants issued under the acts of Congress, of the fifth of Assignees106.
3,1817,ch. of
March,'eighteen hundred and sixteen, the third of March eighteen hun- arrants issued
dred and seventeen, to Canadian volunteers, may be, and hereby are, to Canadian vo-
authorized to locate the said warrants, and to receive patents therefor in lunteers,
locate may
them,
their own names, as had been the practice before the twenty-sixth of &e.
December, eighteen hundred and nineteen: Provided, however, That in Proviso.
no case shall lands be so located, until, after having been exposed to pub-
lic sale, shall remain unsold.
STATUTE H.
CHAP. XLV.-.n Act to continue inforce,for a further time, the act, entitled March 3, 1821.
"An actfor establishing trading-houses with the Indian tribes." [Repealed.]
Be it enacted by the Senate andHouse of Representatives of the United The act of
States of America, in Congress assembled, That the act, entitled "An March 2, 1811,
ch. 30, continu-
act for establishing trading-houses with the Indian tribes," passed on the ed until June
second day of March, one thousand eight hundred and eleven, and which 3, 1822.
was, by subsequent acts, continued in force until the first day of March,
one thousand eight hundred and twenty-one, shall be, and the same is
hereby, further continued in force until the third day of June, one thou-
sand eight hundred and twenty-two, and no longer.
STATUTE II.
CHAP. XLVI.-AIn Set to release French skips and vessels, entering the porte of March 3, 1821.
the United States prior to the thirtieth of September, one thousand eight hundred
and twentyfrom the operation of the act, entitled "An act to impose a new ton- Obsolete.]
age duty on Frenchships and vessels," andfor other purposes.
Be it enacted by the Senate and House of Representatives of the United Act of ay 1,
f A m e i, ioh. 126.
States of America, in ongress assembled, That the provisions of the act, Theorovisions
VOL. II.-S1 3 n 2

SIXTEENTH CONGRESS. Siss. IL Cn. 47,48. 1821.
of the act of entitled "An act to impose a new tonnage duty on French ships and
May 15th, 1820,
not to extend to vessels," passed May fifteenth, one thousand eight hundred and twenty,
French vessels, shall not extend to, or operate upon, any French ship or vessel that shall
&c. have entered into any port within the jurisdiction of the United States
prior to the thirtieth day of September, one thousand eight hundred and
twenty.
The Secreta- SEC. 2. And be it furtherenacted, That the Secretary of the Treasury,
ry of tl~e Trea- after deducting a tbnnage duty equal to that paid by every Frehch ship
sury to refund
the extra duties or vessel which entered the ports within the jurisdiction of the United
to vessels, &c. States prior to the passage and operation of the act, entitled "An act to im-
pose a new tonnage duty on French ships and vessels,"passed May fifteenth,
1820, ch. 126. one thousand eight hundred and twenty, from the tonnage duty collected
from French ships and vessels, by virtue of the above-recited act, between
the first day of July, one thousand eight hundred and twenty, and the
thirtieth day of September following, be, and ie is hereby, authorized
and directed to pay and refund the remainder of such tonnage duty, free
from costs and charges, to any person or persons who shall have authority
to receive the same.
In case of a SEc. 3. And be it further,enacted, That, in the event of the signature
convention of
navigation or of any treaty or convention concerning the navigation or commerce be-
commerce, the tween the dominions of the United States and France, the President of
President may the United States be, and is hereby, authorized, should he deem the
suspend the act
to impose a same expedient, by proclamation to suspend, until the end of the next
new tonnage session of Congress, the operation of the aforesaid act, entitled "An act
duty on French to impose a new tonnage duty on French ships and vessels, and for other
vessels, &c.
1820, ch. 126.
purposes;" and, also, to suspend, as aforesaid, all other duties on French
vessels, or the goods imported in the same, which may exceed the
duties ott American vessels, and on similar goods imported in the
same.
STATUTE II.
March 3, 1821. CHAP. XLVII.-Sn Act to amend the act, entitled "Qnact for the gradual
increase of. the navy f the United States."
Act of April Be it enacted by the Senate and House of Representatives of the United
29, 1816, ch.
138. States of America, ift Congress assembled, That the first section of the
First section act, entitled "An act for the gradual increase of the navy of the United
of the act of States," approved April twenty-ninth, eighteen hundred and sixteen, shall
29th April,
1816, repealed. be, and the same is hereby, repealed.
500,000 dol- SEC. 2. And be it further enacted, That, instead of the appropriation
lars per annum therein contained, there shalbe, and is hereby, appropriated, the sum of
for six years, for
the gradual in- five hundred thousand dollars per annum, for six years, from the year
crease of-the eighteen hundred and twenty-one, inclusive, to be applied to carry into
navy. effect the purposes of the said act.
STATUTE It.
March 3, 1821. CHAP. XLVIII.-An Set to establish aport of entry in the district of Sandusky,
in the state of Ohio, and for other purposes.
Portland to be Be it enacted by the Senate and House of Representativesof the United
the port of en-
try after lst
States of America, in Congress assembled, TIhat, from and after the first
May 12l. day of May next, the town of Portland in the district of Sandusky, in
the state of Ohio, shall be the port of entry for that district; and that from
and after that time the present port of entry established at Danbury shall
cease to be the pert of entry for said district.
ApePRovD, March 3, 1821.

SIXTEENTH CONGRESS. Sass. I. Ca. 49,50, 51,,52. 1821.
STATUTE II.
CHAP. XLIX.-Sn act to amend the act, entitled "An act to provide for taking March 3, 1821.
the fourth census or enumerationof the inhabitants of the United States, and for
other purposes."
Be it enacted by the Senate andHouse of Representatives of the United Act of*March
States of America, in Congress assembled, That, instead of the time pre- 14, 1820, oh.24.
Time enlarg-
scribed in the above-recited act, in which the marshals and their assistants ed till Sept. 1,
should perform the various duties assigned them by the said act, the same 1821.
is hereby enlarged to the first day of September next.
STATUTE iI.
CHAP,. L.-n Set to authorize the clerk of the district courtof the United States March 3, 1821.
for the district of Louisiana, to appoint a deputy to aid him in the discharge of
the duties of his office.
Be it enacted by the Senate and House of Representatives of the United The clerk of
States of Amecrica, in Congress assembled, That the clerk of the district the district
court of Louisi-
court of the United States for the district of Louisiana, shall be authoriz- ana authorized
ed to appoint a deputy td aid him in the discharge of the duties of to appoint a
his office; and that the said clerk shall be, in all respects, liable deputy, &c.
for the acts of his said deputy.
APPROVED, March 3, 182!.
STATUTE II.
CHAP. LI.-n Set to amend an act, entitled"Anact for regulatingprocess in the March 3, 1821.
courts of the United States." (a)
Be it enacted by the Senate and House ofRepresentatives of the United Act of May
States of America, in Congress assembled, That in all suits and actions 8, 1792, ch. 36,
vol. i. 275.
in any district court of the United States, in which it shall appear that In suits in a
the judge of such court is any ways concerned in interest, or has district r Vrt,
where the
been of counsel for eithier party, or is so related to, or connected with, judge may be
either party, as to render it improper for him, in his opinion, to sit on interested, &c.
the trial of such suit or action, it shall be the duty of such judge, on he must enter
the fact on re-
application of either party, to cause the fact to be entered on the records of cord, &c.
the court; and, also, an order that an authenticated copy thereof, with
all the proceedings in such suit or action, shall be forthwith certified to Proceedings
the next circuit court of the district ; and if there be no circuit court in to be certified
to the next cir-
such district, to the next circuit court in the state; and if there be no cuit court, &c.
circuit court in such state, to the most convenient circuit court in an ad-
jacent state; which circuit court shall, upon such record being filed with
Circuit court
the clerk thereof, take cognisance thereof, in the like manner as if such to take cogni-
suit or action had been originally commenced in that court, and shall sance and pro-
proceed to hear and determine the same accordingly; and the jurisdiction ceed, &c.
of such circuit court shall extend to all such cases so removed, as
were cognisable in the district court from which the same was removed.
STATUTE II.
CHAP. LI.-An Set to authorize the building of lighthouses therein mentioned, March 3, 1821.
Be it enacted by the Senate and House of Representatives of the United The Secre-
States of America, in Congress assembled, That the Secretary of the tary ofthe Trea-
sury to provide
Treasury be, and he is hereby, authorized and empowered to provide, by for building the
contract, for building lighthouses, and placing buoys, on the following lighthouses and
(a) See notes to act of Sept. 29, 1789, xol. i. 93, and notes to act of May 8, 1792, vol.i. 275.

SIXTEENTH CONGRESS. Spss. I. Cu. 52. 1821.
placing the sites and shoals, to wit: five lighthouses; one on Gross Island, near
buoys mention-
ed. Machias; one in the harbour of Boothbay, at such place as the Secretary
of the Treasury shall designate; and one on Pond island, at the mouth
of the Kennebeck river; one on the Stratford Point, in Connecticut; and
one on Throg's Neck, in New York; and on the shoals of Nantucket,
and the Vineyard sound, a number of buoys, not exceeding ten, in the
state of Massachusetts. A lighthouse at the mouth of Oswego river, at
such place as shall be designated by the Secretary of the Treasdry, in the
state of New York. And two buoys, one on James' Ledge, and one on
the rock called Old Gay; and a spindle bn the Brothers, in the state of
Rhode Islafhd.
Appropria- SEc. 2. And be itfurther enacted, That there be appropriated, out of
tions for the any money in the treasury not otherwise appropiiated, the fbllowing sums
lighthouses
and buoys. of money, to wit: For building three light-houses; one on Cross island,
near Machias; one in the harbour of Boothbay; and one on Pond island;
ten thousand five hundred. dollars: for building the lighthouses on Strat-
ford point and Throg's Neck, four thousand lo/lars; for a lighthouse at
the mouth of Oswego river, three thousand five hundred dollars; for ten
buoys on Nantucket shoals, and the Vineyard sound, one thousand five
hundred dollars; for two buoys and a spindle for the rocks called James'
Ledge, Old Gay, and the Brothers, four hundred and fifty dollars: and for
placing buoys, and anchors with buoys, in the Altamaha river, between
the port of Darien ard Doboy sound, in the state of Georgia, a sum not
exceeding one thousand five hundred dollars.
No light- SEC. 3. And be it further enacted, That no lighthouse shall be built
house previous on any site previous to the cession of jurisdiction over the same to the
to cession of
jurisdiction. United States.
President re- SEC. 4. And be it further enacted, That the President of the United
quested to States-be, and he is hereby, authorized and requested to cause such an
cause a survey
of the Isles of examination or survey of the Isles of Shoals, on the coast of New Hamp-
Shoals, &c. shire and Maine, to be made, by proper and intelligent persons, as may
be requisite to ascertain the expediency and practicability of repairing
the sea-wall, at Smutty Nose island, and of building a sea-wall between
said island and Cedar island. And that the President be further requested
in like manner, to ascertain the expediency of erecting a stone pier on
Sunken rocks, in the harbour of Portsmouth, in the state of New Hamp-
President au- shire. And the President is hereby authorized to cause the sea-wall afore-
thorized to
cause the sea- said to be repaired, and the pier aforesaid to be erected, by contract, under
wall to be re- the direction of the collector of the district of Portsmouth, if, on the
paired, if, &c.
Result to be
report of such persons, he shall deem it necessary. And the President
communicated is further requested to communicate to Congress, at their next session,
to Congress. the result of so much of the examination and survey, as relates to the
expediency and practicability of building the sea-wall aforesaid: Provided,
Proviso. That no money shall be expended in erecting the pier aforesaid, until
the jurisdiction of the site thereof shall be ceded by the state of New
Hampshire to the United States.
2500 dollars SEC. 5. And be it further enacted, That a sum, not excoeding two
appropriated, thousand five hundred dollars, is hereby appropriated for the purposes
&c.
aforesaid; to be paid out of any money in the treasury not otherwise
appropriated.
ArProvER, March 3, 1821.

SIXTEENTH CONGRESS. Suss. H. C. 53, 54. REs. 1. 1821.
STATUTE II.
CHAP. LI.-An Act to continue in force an act, eptitled "An act regulating the March 3, 1821.
currency, within the United States, of the gold coins of Great Britain, France,
Portugal,and Spain," passed on the twenty-ninth day of April, one thousand
eight hundred and sixteen, so far as the same relates to the crowns and five franc
pieces of France.
Be it enacted by the Senate and House of Representatives of the United Act of April
29, 1816, ch.
States of America, in Congress assembled, That so much of the act, 139.
entitled "An act regulating the currency, within the United States, of Act of March
3, 1819, ch. 97.
the gold coins of Great Britain, France, Portugal, and Spain," passed on The act of
the twenty-ninth day of April, eighteen hundred and sixteen, as relates to April 29, 1816,
the crowns and five franc pieces of France, shall be, and the same hereby ch. 139, as far
as relates to the
is,continued in force for the further term of two years, from and after the crowns and five
twenty-ninth day of April next. franc pieces
APPROVED, March 3, 1821. of France, con-
tinued in force.
STATUTS Il.
CHAP. LIV.-An Act to revive and continue in force "AYn act firing the coMpen-
sations of the secretary of the Senate and clerk of the House of Representatives, of March 3, 1821.
the clerks employed in their offices, and of the librarian,"approved the eighteenth [Obsolete.]
day of April, one thousand eight hundred and eighteen.
Act of April
States of America, in Congress assembled, That the act, entitled "An act 18,1818,ch. 69.
fixing the compensations of the secretary of the Senate and clerk of the The act of
House of Representatives, of the clerks employed in their offices, and of April 18, 1818,
ch. 69, revived
the librarian," approved the eighteenth day of April, one thousand eight and continued
hundred and eighteen, be, and the same is hereby, revived and continued until Jan. 1,
in force from the first day of January, one thousand eight hundred and 1824.
twenity-one, until the first day of January, one thousand eight hundred
and twenty-four.
APPRovED, March 3, 1821.
RESOLUTIONS.
I. RESOLUTION providingfor the admission of the state of Missouriinto the Union, March 2, 1821.
on a certain condition.(a)
Resolved by the Senate and House of Representatives of the United Missouri ad-
mitted into the
States of America, in Congress assembled, That Missouri shall be admitted Union on a cer-
into this union on an equal footing with the original states, in all respects tain condition,
whatever, upon the fundamental condition, that the fourth clause of the &c.
twenty-sixth section of the third article ofthe constitution submitted on the
part of said state to Congress, shall never be construed to authorize the
passage of any law, and that no law shall be passed in conformity thereto, by
which any citizen, of either of the states in this Union, shall be excluded
from the enjoyment of any of the privileges and immunities to Which such
citizen is entitled under the constitution of the United States: Provided, Proviso; the
legislature of
That the legislature of the said state, by a solemn public act, shall declare the the state to de-
assent of the said state to the said fundamental condition, and shall clare its assent,
transmit to the President of the United States, on or before the fourth &c.
Monday in November next, an authentic copy of the said act; upon the
receipt whereof, the President, by proclamation, shall announce the fact;
whereupon, and without any further proceeding on the part of Congress,
the admission of the said state into this Union shall be considered as
complete.
(a) See notes to the act of March 6, 1820, ch. 22, and post. p. 797.

646 SIXTEENTH CONGRESS. Ssss.II. REs. 2. 1821.
March 3, 1821. 11. RESOLvTIONr providingfor jails in certaineases, for the safe custody of per-
sons committed under the authority of the United Slates. (a)
Vol.s. 96. Resolved by the Senate and Hose of Representatives of the United
Any state hav-
ing granted and States of America, in Congress assembled, That where any state or states,
(a) The resolutions and acts of Congress relating to jails are:
Resolution of September 23, 1789, vol. i. 96. Resolution of March 3, 1821. An act for the relief
of persons imprisoned for debt, Jan. 6, 1800, ch. 4. Act of May 19, 1828, ch. 68.
The cases decided within the courts of the United States on the.laws of "1escapes" are,
A discharge from the prison rules, by the insolvent law of Virginia, although obtained by fraud, is a
discharge in due course of law : and upon such discharge, no action can be sustained upon the prison
bound bond for an escape. Simms and Wise v.Slacum, 3 Cranch, 300; 1 Cond. Rep. 539.
The obligors in a bond for the prison limits, are not discharged from their liability for an escape, by
the subsequent assent of the plaintiff. Such assent, to have any effect, must be given prior to the
escape. Slocum et al. v. Hathaway, 1 Paine, 290.
The condition of a bond, that a prisoner "shall faithfully and absolutely remain within the limits
-f the jail, and not depart therefrom," &c. is not broken by the escape of the prisoner, while in a state
of insanity. Hazard v. Hazard et al. 1 Paine, 295.
The liability of the sureties in a prison bounds boid, for an escape, is not co-extensive with that of
the sheriff: as it regards the latter, the prisoner on the limits is supposed to be in his immediate cus-
tody, and the escape of an insane prisoner, therefore, is as much a negligent escape as any other; and
he is not allowed to excuse himself, when he might so easily collude, or be imposed upon. But there
is no analogy, in these respects, between a sheriff and the sureties. Ibid.
Under the act of Congress' of January 6, 1800, ch. 4, the sheriff of a county is bound to take a
bond for the limits, as provided by the state laws, from a prisoner confined on process from the courts
of the United States ; and false imprisonment would lie, on his refusal. Such a bond has, in all
respects, the same incidents, and the like legal effect'with a bond taken under the state laws. It is
assignable; and an assignment discharges the sheriff from liability for a subsequent escape. The United
States v.Noah, 1 Paine, 368.
The United States are expressly named in the act, and bound by it; and an assignment of the bond
to them, when they are plaintiffs, is valid. Ibid.
The Secretary of the Treasury having accepted such an assignment, will .bepresumed to be author!
ized ; and the United States are bound by such acceptance, Ibid.
The term " process," includes executions as well as mesne process. Ibid.
After a prisoner has been enlarged upon a limit bond, the sheriff can confine him again only on the
bail's becoming insufficient ; he cannot accept a surrender of him; at all events, not after the assign-
ment of the bond. Ibid.
If a debtor, committed to the state jail under process from the courts of the United States, escape,
the marshal is not liable. Randolph v. Donaldson, 9 Cranch, 76; 3 Coed. Rep. 280.
The act of Congress has limited the responsibility of the marshal to his own acts, and the acts of his
deputies. The keeper of a state jail is, neither in fact herin law, the deputy of the marshal ; he is not
appointed by, nor removable at the will of the marshal. When a prisoner is regularly committed
to a state jail by the marshal, he is no longer in the custody of the marshal, or controllable by him.
Ibid.
Under the laws of Rhode Island, a discharge according to the act for the relief of poor prisoners for
debt, although obtained by fraud and perjury, is a lawful discharge, and not an escape ; and upon such
a discharge, no action can be maintained upon a bond for the liberty of the prison limits. Ammidon v.
Smith et al. 1 Wheat. 447; 3 Coed. Rep. 619.
At common law, it is not in escape for a jailer to allow prisoners, confined for debt, the liberty of
'all the apartments within the jail wall; for confinement within the walls, is salva -et arcta custodia.
Steere v. Field, 2 Mason's C. C. R. 486.
It is an escape, in the jailer, to make a prisoner fordebt, a turnkey; and to intrust him with the
keys of the outer doors, as well as inner doors, at all times by night and by day. Ibid.
If the jailer be committed to his own jail, on execution by the sheriff, and no new keeper is
appointed, it is an escape of the jailer, for which the sheriff is answerable ; but it is not an escape of
the other prisoners, if they are in fact kept in custody, under the authority of the jailer or his agents.
Ibid.
In Rhode Island, the doctrine as to escapes is the same as at common law; and the statutes giving
the liberty of the limits to prisoners, on giving bonds not to escape, &c. have not altered the common
law. In Rhode Island, an action of debt for an escape, is a legal remedy; that action being incorpo-
rated into the laws, by implication, by the adoption of the laws of England. Ibid.
Where the conditions of a bond for the jail limits, in Rhode Island, required the party to remain a
true prisoner in the custody of the keeper of the prison, and within the limits of'the prison, " until he
shall be lawfully discharged, without committing any manner of escape or escapes, during the time of
restraint, then this obligation to be void, or else to remain in full force and virtue :" Held, that a dis-
charge under the insolvent laws of the state. obtained from the proper court, in pursuance of a resolu-
tion of the legislature, and discharging the party from all his debts, &c. and "4from all imprisonment,
arrest, and restraint of his person therefor," was a lawful discharge; and that his going at large under
it, was no breach of the condition of the bond. Mason v.Halte, 12 Wheat. 370 ; 6 Cond. Rep. 535.
After judgment obtained in the circuit courtof the United Statesagainst the drawer of a note, a capias
ad satisfaciendum was issued against him by the holder, and he was put in prison. Two justices of the
peace ordered his discharge, claiming to proceed according to the law of Kentuckyin the case of
insolvent debtors ; and the jailer permitted him to leave the prison. The jailer made himself and his
securities liable for an escape, by permitting the prisoner to leave the prison. Bank of the United States
v.Tyler, 4 Peters, 366.
The act of Congress of 1800, ch. 4, is not that by which the liberties of the jail-yard allowed to

SIXTEENTH CONGRESS. SEss. II. REs. 2. i821.
having complied with the recommendation of Congress, in the refolution withdrawing

the use ofa
of the twenty-third day of September, one thousand seven hundred and jail, the mar-
eighty-nine, shall have withdrawn, or shall hereafter withdraw, either in shal,under a-
whole or in part, the use of their jails for prisoners committed under rection of the
judge, may hire
the authority of the United States, the marshal in such state or states, a place, &c.
under the direction of.the judge of the district, shall be, and hereby is,
authorized and required to hire a convenient place to serve as a tempo-
rary jail, and to make the necessary provision for the safe keeping of
prisoners committed under the authority of the United States, until per-
manent provision shall be made by law for that purpose; and the said
marshal shall be allowed his reasonable expenses, incurred for the above
purposes, to be paid out of the treasury of the United States.
APPROVED, March 3,1821.
debtors imprisoned on execution issuing from the courts of the United States, are now redulated. The
United States v.Knight et al., 3 Sumners' C. C. R. 358.
The act of 1828, ch. 68, has adopted the state laws on the subject of jail liberties then existing in
the states, under the words "1that writs of execution and other final process issued on judgment and
decrees rendered in any of the courts of the United States and the proceedings thereon shall be the
same, &c., as are now used in such states," &c. bid.
Action on a bond given to the United States for liberty of the jail-yard, in Portland, in the state of
Maine. The condition of the bond was that J. K. and B. K. should continue true prisoners, in the
custody of the jailer, within the limits of thejail-yard. It was agreed by the counsel of the plaintiff.
and defendant that J. K. and B. K. 'had remained within " the limits of the jail-yard, as established
under the laws of Massachusetts of 1787, then prevailing in Maine, the limits of the jail-yard having,
in October, 1798, been extended over the whole county; but had not remained within the limits estab-
lished on the 28th of May, 1787, and existing wnen the act of Congress was passed, 4th January, 1800,
authorizing persons under process from the United States, to have "the jail limits," as established by
the laws of the states. Held, that the act of Congress of May 19, 1828, gives the debtor imprisoned
under execution from the courts of the United States, at the suit of the United States, the privilege of
the jail limits, in the several states, as they were fxed by laws of the several states at the date of that
act. The United States v.Knight et al. 14 Peters, 301.
Whatever might be the liability of the officer who took the bond from the defendants, if the jail limits
continued to be such as were established under the law of Massachusetts of 1787, the bond not having
been taken under that law, and the condition being different from the requirements of those regulations,
the parties to the bond, the suit being upon the bond, are bound for nothing whatever, but what is con-
tained in the condition, whether it be or be not conformable to the law. Ibid.
The statute of May 19, 1828, entitled "4An act to regulate process in the courts of the United
States, which proposes only to regulate the mode of proceeding in civil cases, does not divest the public
of any right, does not violate any principle of public policy, but on the contrary makes a provision with
the policy which the government has vindicated by many acts of previous legislation, to conform to the
laws of the state, in giving to persons imprisoned under execution the privilege of jail limits, embrac-
ing executions at the suit of the United States. Ibid.
Action for an escape against the sheriff of Madison, Mississippi, he having received into his custody
as a prisoner, the defendant in an action in the circuit court of Mississippi, taken under execution,
and having permitted and suffered him to escape. The. declaration set out the judgment obtained by
the plaintiffs against Scott, the defendant lathe circuit court, the execution, the arrest of Scott, and his
delivery to Long, the sheriff, who received him into his custody under the execution, and detained him,
until, without leave or license of the plaintiffs in the execution, and againsttheir will, he permitted him to
escape and go at large, &c., &c. To this declaration the defendant pleaded that he does not owe the sum
of money demanded in the declaration" in the manner and form as complained against him," and the jury
found that the defendant Long "1doth owe the debt in the declaration mentioned as therein alleged," end
assessed damages for the detention thereof, at one thousand and sixteen dollars and ninety-six cents,
upon which the court gave judgment for six thousand three hundred and fifty-six dollars, and one thou-
sand and sixteen dollars and ninety-six cents damages. Held, that the judgment of the circuit court is
correct under the provisions of the statute of Migissippi of 7th June, 1822. The jury were not
required in the action to find specially that the prisoner escaped with the consent, and through the negli-
gence of the sheriff. The plea alleged that the defendant did not owe the sum of money demanded, " i4 the
manner and form as the plaintiff comfilained against him." This plea put in issueeverymaterial averment in
the declaration; on this issue, on the most strict and rigid construction, the jury have expressly found all
that is required to he found by the requirements of the act. Long v. Palmer et al. 16 Peters, 65.
If the sheriff suffers or permits a prisoner to escape, this, both in common parlance, and legal intend-
ment, is an escape with the consent of the sheriff. Ibid.
The object of the act is to make the sheriff liable for a voluntary or negligent escape ; and that this
shall be found by the jury; and if this appear from the record by express finding, or by the necessary con-
clusion of law, it is sufficient. ]bid.

SIXTEENTH CONGRESS. SESS. II. RES. 3. 1821.
March 3, 1821. IlL RESPLUTION authorizingthe Presidentof the United States to cause astronomical
observations to be made, to ascertain the longitude of the Capitol, in the city of
Washington,from some known meridian in Europe.
The President Resolved by the Senate and House of Representatives of the United
authorized to
cause astrono- States of America, in Congress assembled, That the President of the
mical observa- United States be authorized to cause such number of astronomical ob-
tions to be servations to be made, by methods which may, in his judgment, be best
made to insure
a determination adapted to insure a correct determination of the longitude of the Capitol,
of the longitude in the city of Washington, from Greenwich, or some other known me-
of the Capitol. ridian in Europe; and that the data, with accurate calculations or state-
ments founded thereon, be laid before Congress at their next session,

ACTS OF THE SEVENTEENTH CONGRESS
OF THE
UNITED STATES,
'Passed at the first session, which was begun and held at the City of
Washington, in the District of Columbia, on Monday the third day
-of December, 1821, and ended on the eighth day of Mlay, 1822.
JAMES MONROE, President; DANIEL D. ToMPuINs, Vice President of the

United States and President of the Senate from the eleventh of Janu-
ary to the fourth of February; Jon GAILLARD, President of the
Senate pro tempore from the third of December to the eleventh of
January, and from the fourth of February to the end of the session;
PHILIP P. BARBOUR, Speaker of the House of Representatives.
STATUTE 1.
CHAP. I.-=n act authorizing the tra-ismssion of certain documents free of Dec. 19, 1821.
postage.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Members,
delegates, &c.,
States of America, in Congress-assembled,That the members of Congress, authorized to
the delegates from territories, the secretary of the Senate, and the clerk transmit docu-
of the House of Representatives, be, and they are hereby, authorized to ments to any
post-office,firee,
transmit, free of postage, to any post-office within the United States, or &c.
the territories thereof, any documents which have been, or may be, printed
by order of either House.
APPROVED, December 19, 1821.
STATUTE I.
CHAP. IV.-Adn Sct reviving and extending the time allowedfor the redemption
Feb. 4, 1822.
of land sold for direct taxes in certain cases.
[Expired.]
Be it enacted by the Senate and House of Representatives of the United The time al-
lowed for re-
States of America, in Congress assembled, That the time allowed for the demption of
redemption of lands which have been, or may be, sold for the non-pay- lands sold for
ment of taxes, under the several acts, passed the second day of August, direct taxes,
one thousand eight hundred and thirteen,(a) the ninth day of January, revived and ex-
tended, &c.
one thousand eight hundred and fifteen,(b) and the fifth day of March, one
thousand eight hundred and sixteen, for laying and collecting a direct
tax within the United States,(c) so far as the same have been purchased for
and in behalf of the United States, be revived and extended for the term
of one year, from the end of the present session of Congress: Provided, Proviso.
That, on such redemption, interest shall be paid, at the rate of twenty per
centum per annum, on the taxes aforesaid, and on the additions of twenty
per centum chargeable thereon; and the right of redemption shall enure,
as well to the heirs and assignees of the lands so purchased on behalf
of the United States, as to the original owners thereof.
APPROVED, February 4, 1822.
(a) An act to lay and collect a direct tax within the United States, August 2, 1813, oh. 37.
(b) An act to provide additional revenue for defraying the expenses of government and maintaining
the public credit by laying a direct tax upon the United States, and to provide for assessing and col-
lecting the same, Jan. 9, 1815, oh. 21.
(c) An act to reduce the amount of direct tax upon the United States and the District of Columbia,
March 5, 1816, oh. 24.
VOL. III.,-S 31 649

650 SEVENTEENTH CONGRESS. SEss. I. Ca. 6,7. 1822.
STATUTE I.
Feb. 4,1822. CHAP. VI.-n Set to reive and continue in force an act, entitled "an act to
provide for persons who were disabled by known wounds received in the
revolutionary war.
Act of April Be it enacted by the Senate and House of Representativesof the United
10, 1806,ch.26. States of America, in Congress assembled, That the act, entitled "An act
to provide for persons who were disabled by known wounds received in
the revolutionary war," passed on the tenth day of April, one thousand
eight hundred and six, and limited, as in said act declared, to the term of
six years, and afterwards revived and continued in~force, for and during
Act of April the term of six years, by an act, entitled 1"An act, to revive and continue
25,1812, ch. 69. in force 'An act to provide for persons who were disabled by known
wounds received in the revolutionary war,' and for other purposes," passed
on the twenty-fifth day of April, in the year one thousand eight hundred
and twelve, and afterwards revived and continued in force for the term
of one year, by an act, entitled "An act to revive and continue in
force an act, entitled ' An act to provide for persons who were disa-
bled by known wounds received in the revolutionary war,"' passed on
Act of May 15, the fifteenth day of May, in the year one thousand eight hundred and
1820, oh. 109, twenty, shall be, and the said act is hereby, revived and continued in full
revived and
continued until force and effect, for and during the term of six years from and after the
Feb. 4, 1828, passing of this act, and from thence unto the end of the next session of
&c. Congress: Provided,That any evidence which has been taken to support
Proviso. any claim of any person disabled in the revolutionary war, under the
Act of May 15, authority of the act of the fifteenth of May, one thousand eight hundred
1820, ch. 109.- and twenty, reviving and continuing in force, for one year, "An acf to
provide fjr persons who were disabled by known wounds received in the
revolutionary war," shall be received and acted upon by the Secretary of
War, in the same manner as if said act was still in, force and had not
Proviso. expired: And provided also, That this act, and any thing contained in the
act hereby revived and continued in force, shall not be construed to repeal
or make void the fourth section of an act, entitled "An act concerning
Act of March invalid pensions," passed the third of March, one thousand eight hundred
3, 1819, ch. 99, and nineteen; and the said fourth section of the said last-mentioned act
shall be, and the same is hereby declared to be, and to continue to be, in
full force and effect; any thing in the said act hereby revived and contin-
ued in force to the contrary notwithstanding.
Pensions to SEc. 2. And be it further enacted, That the right any person now has,
commence at or hereafter may acquire, to receive a pension in virtue of any law of the
the time of tes- United States, shall be construed to commence at the time of completing
completing
timonya his testimony pursuant to the act hereby revived and continued in force.
Pension agents SEc. 3. And be itfurtherenacted, That the agents for the payment of
to give bonds pensions to invalid pensioners of the United States, shall, in future, be
with two or
more sureties, required to give bonds, with two or more sureties, to be approved by the
&c. Secretary of the Department of War, in such penalty as he shall direct,
for the faithful discharge of the duties confided to them respectively.
STATUTE 1.
Feb. 19, 1822. CHAP. Vl.-qn Set making partialappropriationsforthe support of the navy of
the United States during the year one thousand eight hundred and twenty-two.
[Obsolete.]
Sums appro- Be it enacted by the Senate and House of Representativesof the United
priatedfor pay, States of America, in Congress assembled, That the following sums be,
subsistence,
provisions, re- and they are hereby, appropriated to the objects herein specified, to wit:
pairs and confor the pay and subsistence of the officers and pay of the seamen, one
tingent ex- hundred thousand dollars; for provisions, twenty thousand dollars; for
penses. repairs, twenty thousand dollars; for contingent expenses, twenty thou-
sand dollars.

SEVENTEENTH CONGRESS. SESS. L CH. 8,9,10 1822. 651
SEc. 2. And be it further enacted, That the several appropriations Out ofmoney
STATUTE I.
CAuP. VIII-.n dct authorizingthe transfer of certain certficates of

thefunded Feb. 19, 1822.
debt of the United States. [Obsolete.]
Be it enacted by the Senate andHouse oftRepresentatives of the United Certficates of
ojyrsnse j the funded debt,
States of America, in Congress assembled, That the certificates of the issued to credit-
funded debt of the United States, which, upon the assumption of the or states upon
debts of the several creditor states, were issued in their favour, respectively, I the 'asssmption
of their debts,
be, and hereby are, made transferable, according to the rules and forms made transfera-
institutedfor the purpose of transfers of the public debt. ble.
STATUTE L
CHAP. IX.-.n Aoct for the preservation of thre timber of the United States in Feb. 23, 1822.
Florida.
Be it enactedby the Senate and House of Representatives of the United Act of March
1, 1817, ch. 22.
States of America, in Congress assembled, That the President of 1he The President
United States be, and hereby is, authorized to employ so much of the may employ the
land and naval forces of the United States as may be necessary effectual- forcesandto naval
land pre-
ly to prevent the felling, cutting down, or other destruction of the timber vent the de-
of the United States in Florida; and also to prevent the transportation or struction of, or
carrying away any such timber as may be already felled or cut down; public away,
carryingtimber,
and to take such other and further measures as may be deemed advisable pim
for the preservation of the timber of the United States in Florida.
STATUTE I.
CHAP. X.--An Act for the apportionment of representatives among the several March 7, 1822.
states, according to thefourth census. (a)
Be it enacted by the Senate and House of .Representatives of the United After the 3d
States of America, in Congress assembled, That, from and after the third of March, 1823,
the House of
day of March, one thousand eight hundred and twenty-three, the House Representa-
of Representatives shall be composed of members elected agreeably to a tives to be com-
ratio of one representative for every forty thousand persons in each state, posed of rnem-
hers elected
computed according to the rule prescribed by the constitution of the agreeably to a
United States; that is to saf: within the state of Maine, seven; within ratio of one for
the state of New Hampshire, six; within the state of Massachusetts, every 40,000
thirteen ; within the state of Rhode Island, two; within the state of Con- persons, &c.
necticut, six; within the state of Vermont, five; within the state of New Number of
York, thirty-four ; within the state of New Jersey, six; within the state members to
of Pennsylvania, twenty-six; within the state of Delaware, one; within which each
the state of Maryland, nine; within the state of Virginia, twenty-two ; state is entitled.
within the state of North Carolina, thirteen ; within the state of South
Carolina, nine; within the state of Georgia, seven; within the state of
Alabama, two; within the state of Mississippi, one; within the state of
Louisiana, three; within the state of Tennessee, nine; within the state
of Kentucky, twelve ; within the state of Ohio, fourteen; wit hin the state
of Indiana, three; within the state of Illinois, one; and within the state
of Missouri, one.
(a) See the acts relating to the apportionment of representatives among the several states, ac-
cording to the census of the United States, vol. ii. 128.

SEVENTEENTH CONGRESS. SEss. I. CH. 11. 1822.
Alabama to Sac. 2. And be it further enacted, That, as the returns of the marshal
have three
members, ifit of the state of Alabama are not complete, in consequence of the death of
is made to ap- the former marshal, who commenced the enumeration in said state, no-
pear, &c. thing in this act contained shall be construed to prevent the state of Ala-
bama from having three representatives, if it shall be made to appear to
Congress, at the next session, that the said state, at the time of passing
this act, would have been entitled to that number, according to its popu-
lation and the ratio hereby established, if the said returns had been com-
plete.
STATUTE I.
March 15, 1822. CHAP. XI.-S/n dct making amropriationsfor the military service of the United
[Obsolete.] States for the year one thousand eight hundred and twenty-two, and towards
the service of the year one thousand eight hundred and twenty-three.
priated for the
military service States of America, in Congress assembled, That the following sums be,
of the United and the same are hereby, respectively appropriated for the military ser-
States of the *often
yearS1822. vice of the United States for the year one thousand eight hundred and
to wit:
Pay and sub- twenty-two,
sistence of offi- For the pay of the army and subsistence of the officers, nine hundred
cers. and eighty-two thousand nine hundred and seventeen dollars, including
the sum of eighty-six thousand nine hundred dollars for the pay and sub-
sistence of the officers and cadets belonging to the military academy at
West Point.
Subsistence For subsistence, in addition to an unexpendet-balanee of one hundred
in addition to
an unexpended and twenty thousand eight hundred and sixty-three dollars and thirty-
balance, seven cents, the sum of one hundred and seventy-four thousand seven
hundred and ninety-three dollars and sixty-three cents.
Forage. For forage for officers, in addition to an unexpended balance of eleven
thousand eight hundred and sixty-nine dollars, the sum of five thousand
six hundred and seventy-five dollars.
Medical and For the medical and hospital department, in addition to an unexpend-
hospital depart- ed balance of twelve thousand one hundred and thirty-three dollars and
ment. forty-four cents, the sum of twenty-two thousand eight hundred and
fifty-four dollars and fifty-six cents.
Purchasing For the purchasing department, in addition to an unexpended balance
department, of fifty-five thousand and eighty-nine dollars and forty cents, the sum of
seventy-three thousand four hundred and thirty-three dollars; and for the
purchase ofwoollens for the year one thousand eight hundred and twen-
ty-three, the sum of seventy-five thousand dollars.
Quartermas- For the quartermaster general's department, for regular supplies, trans-
ter general's portation, rent, and repairs, postage, courts martial, fuel, and contin-
department. gencies, and for extra pay to soldiers employed in the erection and re-
pairs of -barracks and other labour, three hundred and thirteen thousand
two hundred and seventeen dollars.
Contingencies. For the contingencies of the army, twenty thousand dollars.
Quarteimas- For quartermaster's supplies, transportation, mathematical instruments,
ter's supplies, books, and stationery, for the tiilitary academy, thirteen thousand nine
hundred and seventy-nine dollars.
Pensions to
invalids and For the pensions to the invalids, to the commutation pensioners, and to
others. the widows and orphans, in addition to an unexpended balance of twenty-
seven.thousand eight hundred and ninety-one dollars and five cents, the
sum of three hundred and seventeen thousand one hundred and eight
dollars.
Revolutionary For pensions to the revolutionary pensioners of the Upited States,
pensioners, including a deficiency in the appropriation of last year of four hundred
and fifty-one thousand eight hundred and thirty-six dollars and fifty-seven

cents, and in addition to an unexpended balance of one hundred and

ninety-one thousand three hundred and forty-five dollars and thirty-six
cents, of the year one thousand eight hundred and twenty, the sum of
one million six hundred and forty-two thousand five hundred and ninety-
one dollars.
For the payment of a balance due the state of Maryland, of moneys Balance due
the state of
paid by that state to the United States, as the purchase morey of public Maryland.
arms which have not been fully supplied, the sum of five hundred and
twenty-seven dollars.
Svc.c 2. And be it further enacted, That the several appropriations Out of any
hereinbefore made, shall be paid out of any money in the treasury not money in the
otherwise appropriated. treasury.
STATUTE I.
CHAP. XII.-SIn Act to provide for the due execution of the laws of the United March 16,1822.
States within the state of Missouri, and for the establishment of a district court
therein.(a)
Be it enacted by the Senate and House of Representatives of the United Laws not lo-
States of America, in Congress assembled,That all the laws of theUnited able inappiof
force
States, which are not locally inapplicable, shall have the same force and and effect in
effect within the said state of Missouri as elsewhere within the United Missouri.
States.
I SEc. 2. And be it further enacted, That the said -state of Missouri
Tht. state of
shall be one district, and be called the Missouri district; and a district Missouri a judi-
court shall beheld therein, to consist of one judge, who shall reside in cial district.
the said district, and be called a district judge; he shall hold at
the seat of government of the said state, three sessions annually, the first
to commence on the first Monday in June next, and the other two ses-
sions progressively, on the like Monday in every fourth calendar month
afterwards; and he shall, in all things, have and exercise the same
jurisdiction and powers which were by law given to the judge of
the Kentucky district, under an act, entitled "An act to establish the Act of Sep.
judicial courts of the United States," and an act, eattled " An act in 24,1789, ch. 20.
addition to the act, entitled 'An act to establish the judicial courts vol. i. 79.
Act of March
of the United States,' " approved the second day of March, one thou- 2, 1793, ch. 22.
sand seven hundred and ninety-three, and the acts supplementary there-
to. The said judge shall appoint a clerk for the said district, iho shall re- The judge to
side and keep the records of the court, at the place of holding the appoint a clerk.
same, and shall receive, for the services performed by him, the same fees Clerk's fees.
to which the clerk of the Kentucky district is entitled for similar
services: Provided, That until the government shall be removed to Proviso.
the permanent seat fixed, or to be fixed, by the said state, the said court
shall be held at the town of St. Louis.
SEc. 3. And be it further enacted, That there shall be allowed Salary of the
and paid to the said judge of the said district court, the annual com- judge.
pensation of twelve hundred dollars, to commence from the date of his
appointment; to be paid, quarter yearly, at the treasury of the United
-States.
SEC. 4. And be it further enacted, That there shall be appointed, in District at-
the said district, a person learned in the law, to act as attorney for the torney to re-
ceive 200 dol-
United States, who shall, in addition to his stated fees, be paid by the lars annually
United States two hundred dollars annually, as a full compensation for besides fees.
all extra services.
SEc. 5. And be it further enacted, That a marshal shall be appoint- A marshal for
ed for the said district, who shall perform the same duties, be subject to the district to'
(a) See notes to act of March 6, 1820, ch. 22, for a reference to the acts passed relative to the terri-
tory of Mibsouri, and state of Missouri.
312

654 SEVENTEENTH CONGRESS. Snss. 1. C. 13. 1822.
receive 200 dol- the same regulations and penalties, and be entitled to the same fees, as
lars besides
fees. are provided for, and prescribed to, marshals in other districts; and shall,
moreover, be entitled to the sum of two hundred dollars annually, as a
compensation for all extra services.
Causes pend- SEC. 6. And be it flirther enacted, That all causes pending in the
ing in the state
courts transfer- state courts at the passage of this act, which, by law, were transferable
able, &e., may to the United States courts, may be so removed, under the rules govern-
be removed. ing such removals, as soon after the passage of this act as may be reason-
ably practicable.
STATUTE 1.
March 30,1822. CHAP- XIH.---n .et for the establishment of a tcrrito-algovernment in
Florida.(a)
East and west Be it enacted by the Senate and House of Representatives of the United
Florida, asythSeaeadHueoRersnaieofheUtd
States
a of America, inCongress assembled, That all that territory
ceded
(a)The acts relating to the territory of Florida are:
An act to authorize the President of the United Stites to take possession of East and West Florida,
and establish a temporary government therein, March 3, 1819, ch. 93.
An act for carrying into execution the treaty between the United States and Spain, concluded at
Washington, on the twenty-second day of February, 1818, March 3, 1821, ch. 39.
An act for establishing a territorial government in Florida, March 30, 1822, ch. 13.
An act to provide for the collection of duties on imports and tonnage in Florida, and for other pur-
poses, May 7, 1822, ch. 62.
An act concerning the commerce and navigation of Florida, March 30, 1822, ch. 15.
An act to amend "An act for establishing a territorial government in Florida," and foiother purposes,
March 3, 1823, ch. 28.
An act to carry into effect the ninth article of the treaty concluded between the United States and
Spain, on the 22d day of February 1819, March 3, 1823, oh. 35.
An act to amend an act, entitled " Act to amend an act for the establishment of a territorial govern-
ment in Florida, and for other purposes," May 26, 1824, ch. 163.
An act to amend the several acts for the establishment of a territorial government in Florida, May 15,
1826, ch. 46.
An act to authorize the governor and legislative council of Florida to provide for holding additional
terms of the superior courts therein, March 3, 1827, ch. 91.
An act authorizing the legislative council of Florida to meet in October -instead of December,
and repealing-the proviso in the sixth section of the act entitled "1An act to amend an act for the
establishment of a territorial government in Florida, and for other purposes," approved March the
third, one thousand eight hundred and three, April 28, 1828, ch. 42.
An act to authorize the citizens of the territories of Arkansas and Florida to elect their officers, and
for other purposes, Jan. 21, 1829, ch. 13.
An act to amend the several acts establishing a territorial government in Florida, March 22, 1832,
oh. 52. Act of May 14, 1830, ch.96.
An act to ascertain and mark the line between the state of Alabama, and the territory of Florida,
and the northern boundary of Illinois, and for other purposes, March 2, 1831, oh. 86.
An act to authorize the territory of Florida to open a canal through the public lands between Chipola
river and Saint Andrew's bay,in West Florida, March 2, 1831, oh. 73.
An'act making provision for the sale and disposition of the public grounds in the cities of St. Augus-
tine and Pensacola, and to reserve certain lots and buildings for public purposes, and to provide for
their repair and preservation,. June 28, 1832, oh. 152.
An act to authorize the surveying and laying out a road from Detroit to the mouth of Grand river, in
late Michigan territory, and for the survey of canal routes in the territory of Florida, July 4, 1832,
oh. 164.
An act to amend the several acts for the establishment of a territorial government in Florida, July
14, 1832, oh. 239.
An act to establish a court at St. Mark's, in Florida, March 2, 1833, oh. 93.
An act to equalize representation in the territory of Florida, and for other purposes, June 18, 1834,
oh. 46
An act repealing certain acts of the legislative council of the territory of Florida, June 30, 1834,
ch. 166.
An act for the relief of the inhabitants of East Florida, June 26, 1834, ch. 87.
An act to disapprove and anna] certain acts, of the territorial legislature of Florida, and for other
purposes, July 1, 1836, ch. 231.
An act regulating the terms of the Superior Court of the district of Florida, and for other purposes,
July 2, 1836, ch. 261.
An act authorizing a special term of the court of appeals for the territory of Florida, and for other
purposes, Feb. 25, 1836, ch. 41.
Resolution authorizing the President to furnish rations to certain inhabitants of Florida, February 1,
1836.
An act to re-organize the legislative council of Florida, and for other purposes, July 73 1838,
oh. 168.
An act to establish a new judicial district in the territory of Florida, July 7, 1838, ch. 181.

SEVENTEENTH CONGRESS. Sss. L Ca. 13. 1822.
by Spain to the United States, known by the name of East and West ceded by Spain,
to constitute
Florida, shall constitute a territoryof the United States, under the name the territory of
of the territory of Florida, the government whereof shall be organized Florida.
and administered as follows:
SEc. 2. And be it further enacted, That the executive power. shall Executive
be vested in a governor, who shall reside in the said territory, and hold power vested in
his office during the term of three years, unless sooner removed by the a governor, to
be appointed
President of the United States. He shall be commander-in-chief of the for three years.
militia of the said territory, and be ex officio superintendent of Indian &c.
affairs; and shall have power to grant pardons for offences against the
said territory, and reprieves for those against the United States, until the Powers and
duties of the
decision of the President of the United States thereon shall be made governor.
known; and to appoint and commissionall officers, civil andofthe militia,
whose appointments are not herein otherwise provided for, and which
shall be established by law: he shall take care that the laws be faithfully
executed.
SEc. 3. And be it further enacted, That the secretary of the ter- A secretary
ritory shall also be appointed, who shall hold his office during the term *ofthe territory
of four years, unless sooner removed by the President of the United to be appointed
for four years,
States; whose duty it shall be, under the direction of the governor, to &c.
record and preserve all the papers and proceedings of the executive, and Duties of the
all the acts of the governor and legislative council, and transmit authentic secretary.
copies of the proceedings of the governor, in his executive department,
every six months, to the President of the United States.
Sac. 4. And be it further enacted, That, in case of the death, re- The secreta-
moval, resignation, or necessary absence, of the governor of the said ry to act asgov-
ernor, in case of
territory, the secretary thereof shall be, and he is hereby, authorized and a vacancy.
required to execute all the powers, and perform all the duties, of the go-
vernor, during the vacancy occasioned by the removal, resignation, or
necessary absence, of the said governor.
Sac. 5. And be itfurthcr enacted, That the legislative power shall be Legiolative
vested in the governor, and in thirteen of the most fit and discreet per- power vested in
sons of the territory, to be called the legislative council, who shall be the governor
and a legislative
appointed annually, by the Dresident of the United States, by and with council of thir-
the advice and consent of the Senate, from among the citizens of the teen, to be. ap-
United States residing there. The governor, by and with the advice and pointed, &c.
Powers ofthe
consent of the said legislative council, or a maiority of them, shall have legislature.
power to alter, modify, or repeal the laws which may be in force at the
commencement of this act. Their legislative powers shall also extend
to all the rightful subjects of legislation ; but no law shall be valid which Restriction of
is inconsistent with the constitution and laws of the United States, or the powers of
which shall lay any person under restraint, burthen, or disability, on ac- legislation.
count of his religious opinions, professions, or worship; in all which he
shall be free to maintain his own, and not burthened with those of another. The governor
The governor shall publish, throughout the said territory, all the laws to publish the
laws and report
which shall be made, and shall, on or before the first day of Decemberin them to the Pre-
each year, report-the same to the President of the United States, to be sident, &c.
laid before Congress, which, if disapproved by Congress, shall thence- The governor
forth be of no force. The governor and legislative council shall have no and council
power over the primary disposal of the soil, nor to tax the lands of the have no power
over, &c.
An act toprovide for the armed occupation and settlement of the unsettled part of the peninsula of
East Florida, August 4, 1842, ch. 122.
An act to amend an act, entitled 4"An act to provide for the armed occupation and settlement of the
unsettled parts of the peninsula of Florida," June 15,1844, oh. 71.
An act to confirm certain sections of land in St. Augustine land district in the territory of Florida,
made under the pre-emption law of June 22, 1838, June 15, 1844, oh. 74.
An act forthe admission of the states of Iowa and Florida into the Union, March 3, 1845, ch. 48.
An act supplemental to the act forthe admission of the states of Iowa and Florida into the Union,
March 3, 1846, ch.75,

SEVENTEENTH CONGRESS. SESS. 1. CH. 13. 1822.
United States, nor to interfere with the claims to lands within said terri-
Sessions of tory: the legislative council shall hold a session once in each year, com-
the legislative nig its first session on the second Monday of June next, at Pensa-
counl. ein
cola, and continue in session not longer than two months; and thereaftei
on the first Monday in May, in each and every year; but shall not con-
tinue longer in session than four weeks; to be held at such place in said
The governor territory as the governor and council shall direct. It shall be the duty
to obtain infor-of the governor to obtain all the information in his power in relation to
mation and
communicate the customs, habits, and dispositions, of the inhabitants of the said terri-
it to-the Presi- tory, and communicate the same, from time to time, to the President of
dent. the United States.
Judicial pow- SEC. 6. And be it further enacted, That the judicial power shall be
er vested in vested in two superior courts, and in such inferior courts and justices of
two superior
courts, &c. the peace, as the legislative council of the territory may, from time to
time, establish. There shall be a superior court for that part of the ter-
A superior ritory known as East Florida, to consist of one judge; he shall hold ,a
court for. East
Floridai with court on the first Mondays in January, April, July, and October, in each
sessions at St. year, at St. Augustine, and at such other times and places as the legis-
Augustine, &c. lative council shall direct. There shall be a superior court for that part
A superior
court forWest of the territory known as West Florida, to consist of one judge; he shall
Florida, with hold a court at Pensacola on the first Mondays in January, April, July,
sessions at Pen- and October, in each year, and at such other times and places as the le-
sacola, &c.
Jurisdiction gislative council shall direct. Within its limits, herein described, each
of the superior court shall have jurisdiction in all criminal cases, and exclusive jurisdic-
courts. tion in all capital cases, and original jurisdiction in all civil cases of the
value of one hundred dollars, arising under, and cognisable by, the laws
of the territory, now of force therein, or which may, at any time, be
Each judge enacted by the legislative council thereof. Each judge shall appoint a
to'appoint a clerk for his respective court, who shall reside, respectively, at St. Au-
clerk to reside
where the court gustine and Pensacola, and they shall keep the records there. Each
is held. clerk shall receive for his services, in all cases arising under the territo-
Established rial laws, such fees as may be established by the legislative council.
fees to the SEC. 7. And be it further enacted, That each of said superior courts
clerks.
The superior shall, moreover, have and exercise the same jurisdiction within its limits,
courts to have in. all cases arising under the laws and constitution of the United States,
the sameas the
diction uris- which, by an act to establish the judicial power [courts]
[ors of the United
court of Ken- States, approved the twenty-fourth day of September, one-thousand seven
tucky district, hundred and eighty-nine, and "An act in addition to the act, entitled
&c. 'An act to establish the judicial courts of the United States,"' approved
Act of 1789,
ch. 20. the second day of March, one thousand seven hundred and ninety-three,
Actof March was vested in the court of the Kentucky district. And writs of error
2%1793, ch. 22, and appeal from the decisions in the said superior court, authorized by
vol. i. 333. this section of this act, shall be made to the Supreme Court of the United
Writs
and of error
appeal to States, in the same cases, and under the same regulations, as from the
the Supreme circuit courts of the United States. The clerks, respectively, shall keep
Court, &c. the records at the places where the courts are held, and shall receive,
Clerks to keep
the records, &c. in all cases arising under the laws and constitution of the United States,
Clerks' fees the same fees which the clerk of the Kentucky district received for simi-
as in the
tucky Ken-
district, lar services, whilst that court exercised the powers of the circuit and dis-
tc. trict courts. There shall be appointed, in the said territory, two persons
Two attorneys learned in the law., to act as attorneys for the United States as well as for
for the territory, the territory ; one for that part of the territory known as East Florida,
Attorneys' ad- the other for that part of the territory known as West Florida: to each of
ditional fees. whom, in addition to his stated fees, shall be paid, annually, two hundred
A marshal for dollars, as a full compensation for all extra services. There shall also be
each superior appointed two marshals, one for each of the said superior courts, who
shall each perform the same duties, be subject to the same regulations
n0udoly, be_ and penalties, and be entitled to the same fees, to which marshals in other

SEVENTEENTH CONGRESS. Siss, 1. C. 13. 1822.
districts are entitled for similar services; and shall, in addition, be paid sides fees, to
the sum of two hundred dollars, annually, as a compensation for all ex- each marshal.
tra services.
SEc. S. And be it further enacted, That the governor, secretary, Governor,
judges of the superior courts, district attorneys, marshals, and all general secretary,
officers of the militia, shall be appointed by the President of the United judges,
be appointed to
&c., by
States, by and with the advice and consent of the Senate. All judicial the President
officers shall hold their offices for the term of four years, and no longer, and Senate.
The governor, secretary, judges, members of the legislative council, jus- Term of ju-
dicial offices.
tices of the peace, and all other officers, civil and of the militia, before Governor,
they enter upon the duties of their respective offices, shall take an oath secretary,
or affirmation te support the constitution of the United States, and for the judges, &c., to
take an oath.
faithful discharge of the duties of their office; the governor, before the The governor
President of the United States, or before a judge of the Supreme or dis- to take the oath
trict court of the United States, or before such other person as the Pre before the Pre-
sident or judge,
sident of the United States shall authorize to administer the same ; the &c.
secretary, judges, and members of the legislative council, before the go- The secreta-
vernor, and all other officers, before such persons as the governor shall ry, &c.,before
the governor.
direct. The governor shall receive an annual salary of two thousand five Salaries to the
hundred dollars; the secretary of one thousand five hundred dollars; and governor, &c.
the judges of one thousand five hundred dollars, each; to be paid quarter
yearly out of the treasury of the United States. The members of the le-
gislative council shall receive three dollars each, per day, during their
attendance in council, and three dollars for every twenty miles in going
to, and retqrning from any meeting of the legislative council, once in each
session, and no more. The members of the legislative council shall be The members
privileged from arrest, except in cases of treason, felony, and breach of of the legisla-
tivecouncil
the peace, during their going to, attendance at, and returning from, each privileged from
session of said council. arrest, &c.
SEC. 9. And be it further enacted,That the following acts, that is to say: The acts
"An act for the punishment of certain crimes against the United menti)oned in
forte in Florida.
States," approved April thirtieth, one thousand seven hundred and 1790, ch. 9.
ninety, and all acts in addition or supplementary thereto, which are now
in force:
"An act to providl for the punishment of [certain] crimes and offences 1817, oh. 92.
committed' within the Indian boundaries," approved March third, one
thousand eight hundred and seventeen:
"An act in addition to the act for the punishment of certain crimes 1818, ch. 88.
against the United States, and to repeal the acts therein mentioned,"
approved April twentieth, one thousand eight hundred and eighteen:
" An act for the punishment of [certain] crimes therein specified,' 1799, oh. 1.
approved Jan uary thirtieth, one thousand seven hundred and ninety-nine:
" An act respecting fugitives from justice and persons escaping from 1793, oh. 7.
the service of their masters," approved twelfth February, one thousand
seven hundred and ninety-three:
"An act to prohibit the carrying on the slave trade from the United 1794, oh. 11.
States to any foreign place or country," approved March twenty-second,
one thousand seven hundred and ninety-nine: [four]
" An act in addition to the act entitled ' An act to prohibit the carry- 1800, oh. 51.
ing on the slave trade from the United States to any foreign place or
country," approved May tenth, one thousand eight hundred:
"The act to prohibit the importation of slaves into any port or place 1807, ch. 22.
within the jurisdiction of the United States, from and after the first day
of January, in the year of our Lord one thousand eight hundred and
eight," approved-March second, one thousand eight hundred and seven:
" An act to prevent settlements being made on lands ceded to the 1807, ch. 46.
United States until authorized by law," approved March third, one thou-
sand eight hundred and seven:
"An act in addition to ' An act to prohibit the importation of slaves 1818, oh. 91.
VoL. III.--S3

SEVENTEENTH CONGRESS. Sass. i. CAe. 13. 1822.
into any port or place within the jurisdiction of the United States, from
and after the first day of January, in the year of our Lord one thousand
eight hundred and eight, and to repeal certain parts of the same,'" ap-
proved April twentieth, one thousand eight hundred and' eighteen :
1819, ch, 101. "An act in addition to the acts prohibiting the slave trade," approved
March third, one thousand eight hundred and nineteen:
1810, oh. 37. "An act to establish the post-office of the United States :" (a)
1802, oh. 48. "An act further to alter and establish certain post-roads, and for the
mnore secure carriage of the mail of the United States :"
1804, oh. 60. " An act for the more general promulgation of the laws of the United
States :"(b)
" An act in addition to an act, entitled 'An act for the more general
promulgation of the laws of the United States:'"
IS11, oh. 80. " An act to provide for the publication of the laws of the United
7States, and for other purposes :"
1793, ch. 11. "1An act to promote the progress of useful arts, and to repeal the act
heretofore made for that purpose :"
1800, ch. 25. ",An act to extend the privilege of obtaining patents for useful disco-
veries and inventions to crtaiu pasons therein mentioned, and to en-
large and define the penalties for violating the rights of patentees :"
1790, ch. 15. "An act for the encouragement of learning, by securing the copies of
maps, charts, and books, to the authors and proprietors of such copies,
during the time therein mentioned:"
1802; ch. 36. " he act supplementary thereto, and for extending the benefits thereof
/ to the arts of designing, engraving, and etching, historical and other prints:"
1790, oh. 11. " An act to prescribe the mode in which the public acts, records, and
judicial proceedings, in each state, shall be authenticated, so as to take
effect in any other state:"
1804, oh. 56. "An act supplementary to the act, entitled ' An acl to prescribe the
mode in which the public acts, records, and judicial proceedings, in each
state, shall be acknowledged, so as to take effect in any other state:' "
1811, ch. 30. 1"An act for establishing trading-houses with the Indian tribes," and
the several acts continuing the same :
1800, ch. 68. "An act making provision relative to rations for Indians, and their
visits to the seat of government."
And all laws And the laws of the United States relating to the revenue and its col-
relating to the
its lection, subject to the modification stipulated by the fifteenth article
revenue and
collection sub- of. the treaty of the twenty-second February, one thousand eight hundred
jeot to the mu- and nine, in favour of Spanish vessels and their cargoes ; and all other
dification stipu- public laws of the United States, which are not repugnant to the pro-
lated bythe fif-
teenth article visions of this act, shall extend to, and have full force and effect in, the
of the treaty territory aforesaid,
with Spain, &c. SEC. 10. And be it further enacted, That,to the end that the inhabi-
The inhabit-
ants protected tants may be protected in their liberty, property, and the.exercise of their
in their liberty, religion, no law shall ever be valid which shall impair, or in any way re-
property, and
the exercise of" strain, the freedom of religious opinions, professions, or worship. They
religion f shall be entitled to the benefit of the writ of habeas corpus. They shall
be bailable in all cases, except for capital offences, where the proof is
evident or the presumption great. All fines shall be moderate and pro-
portioned to the offence; and excessive bail shall not be required, nor
Contracts not cruel nor unusual punishments inflicted. No ex post facto law, or law
to be impaired, impairing the obligation of contracts, shall ever be passed; nor shall
&O. - private property be taken for public uses without just compensation.
Qualification SEC. 11. And be it further enacted, That all free male whitd persons,
of grand and
petitjurors, and who are housekeepers, and who shall have resided one year, at least, in
the said territory, shall be qualified to act as grand and petit jurors inthe
(a) The title of this act is "An act regulating the post-office establishment," April 30, 1810, oh. 37.
(b)The title of this act is "An act to provide for a more extensive distribution of the laws of tlte
United States," passed March 27, 1804, ch. 60.

SEVENTEENTH CONGRESS. Sass. I. CH. 14. * 1822. 659
courts of the said territory; and they shall, until the legislature thereof selection of
shall otherwise direct, be selected in such manner as the judges of the said them.
courts shall respectively prescribe, so as to be most conducive to an im-
partial trial, and to be least burthensome to the inhabitants of the said
territory.
Sac. 12. And be it further enacted, That it shall not be lawful for Importation
any person or persons: to import or bring into the said territory, from any of slaves pro-
port or place without the limits of the United States, or cause or prohibited.
cure to be so imported or brought, or knowingly to aid or assist in so im-
porting or bringing, any slave or slaves. And every person so offend- Under-a pen-
ing, and heing thereof convicted before any court within the said tern- alty of 300 dol-
lars from each
tory, having competent jurisdiction, shall forfeit and pay, for each and, person, for
every slave so imported or brought, the sum of three hundred dollars, every slave.
one moiety for the use of the United States, and the other moiety for
the use of the person or persons who shall sue for the same; and every
slave so imported or brought shall thereupon become entitled to, and re-
ceive, his or her freedom.
SEc. 13. And be it further enacted, That the laws in force in the Present terri-
said territory, at the commencement of this act, and not inconsistent toal till
force lawsalter-
in
with the provisions thereof, shall continue in force until altered, modified, ed.
or repealed, by the legislature.
Sac. 14. And be it further enacted, That the citizens of the said ter- Citizens of
ritory shall be entitled to one delegate to Congress, for the said territory, the territory en-
titled to a dele-
who shall possess the same powers heretofore granted to the delegates gate, &e.
from the several territories of the United States. The said delegate The persons
shall be elected by such description of persons, at such times, and under the whom,
by and
times at
such regulations, as the governor and legislative council may, from time which, &c., the
to time, ordain and direct, delegate may
APPROVED, March 30, 1822. be elected.
STATUTE 1.
CHAP. XIV.-sc Act to authorize the state of Illinois to open a canal through March 30,1822.
the public lands, to connect the Illinois river with Lake Michigan.
States of America, in Congress assembled, That the state of Illinois 2, 1827, ch. 51.
be, and is hereby, authorized to survey and mark, through the public Illinois au-
thorized to sur-
lands of the United States, the route of the canal connecting the Illi- rey and mark
nois river with the southern bend of Lake Michigan; and ninety feet through public
lands, the route
of land on each side of said canal shall be for ever reserved from any of a canal, con-
sale to he made by the United States, except in the cases hereinafter necting Illinois
provided for, and the use thereof for ever shall be, and the same is here- river with the
southern bend
by, vested in the said state for a canal, and for no other purpose what- of Lake Michi-
ever; on condition, however, that if the said state does not survey and gan, and 90 feet
direct by law said canal to be opened, and return a complete map on each side
thereof to the Treasury Department, within three years from and after reserved and
vested in the
the passing of this act; or if the said canal be not completed, suitable state for a canal
for navigation, within twelve years thereafter; or if said ground shall on condition,
ever cease to be occupied by, and used for, a canal, suitable for naviga- &c.
tion; the reservation and grant hereby made shall be void and of none
effect : Provided always; and it is hereby enacted and declared, That no- Proviso; no
thing in this act contained,or that shall be done in pursuance thereof, shall obligation on
the part of the
be deemed or construed to imply any obligation on the part of the United States to
United States to appropriate any money to defray the expenses of survey- appropriate
money, &c.
ing or opening said canal : ProvidecZ also, and it is herebyfurther enacted
and declared, That the said canal, when completed, shall be, and for ever Proviso; ca-
remain, a public highway for the use of the government of the United nal always a
public highway,
States, free from any toll or other charge whhtever, for any property of free of toll to

the United the United States, or persons in their service, passing through the
States. same.
Sections SEC. 2. And be it further enacted, That every section of land
through
the canalwhich
passes through which said canal route may pass, shall be, and the same is
reserved until, hereby, reserved from future sale, until hereafter specially directed by
&c. law: and the said state is hereby authorized and permitted, without
The state may waste, to use any materials on the public lands adjacent to said canal,
use necessary
adjacent mate- that may be necessary for its construction.
rials without APPROVED, March 30,1822.
waste.
STATUTE I.
March 30, 1822. CHAP. XV.--- n Sct concerning the commerce and navigation of Florida. (a)
Vessels hay- Be it enacted by the Senate and House of Representatives of the United
ing Spanish re- States of America, in Congress assembled, That any ship or vessel pos-
gisters on the sessed of, and sailing under, a Spanish register, on the tenth day of
belongingwhol July, one thousand eight hundred and twenty-one, belonging, and con-
ly to resident tinuing to belong, wholly to a citizen or' citizens of the United States
citizens
habitantsortoin-
on the then residing within the territories ceded to the United States by the
10th July, 1821, treaty of the twenty-second of February, one thousand eight hundred
the master be- and nineteen, between the United States and the King of Spain, the
ing a citizen or ratifications of which were exchanged on the twenty-second of February,
inhabitant, may one thousand eight hundred and twenty-one, or to any person or per-
he registered,
&c. and then sons being, on the said tenth day of July, an inhabitant or inhabitants
deemed a ship of the said ceded territory, and who continue to reside therein, and of
or vessel of the
United States, wh
ich the master is a citizen of the United States, or an inhabitant as
&c. aforesaid, may be registered, enrolled, and licensed, in the manner pre-
scribed by law; and being so registered, enrolled, and licensed, shall be
denominated and deemed a ship or vessel of the United States, and en-
Proviso: as titled to the same privileges and -benefits : Provided,That it shall be
to collectors lawful for the collector to whom application shall be made for a certifi-
varying forms
of oaths of re- cate of registry, enrolment, or license, by any citizen or inhabitant as
gistry, &c. aforesaid, to make such variations in the forms of the oaths, certificates,
and licenses, as shall render them applicable to the cases herein intended to
Proviso . for- be provided for: Andprovided also, That every such inhabitant, applying
mer register,
&c. to be first as aforesaid, shall, prior to 'his being entitled to receive such certificate
surrendered, of registry, enrolment, or license, deposit, with the collector, the register
and oath of al- and other papers under which such ship or vessel had been navigated;
legiance taken. and also take and subscribe, before the collector, (who is hereby author-
Form of the ized to administer the same,) the following oath: "I, A B, do swear (or
oath. affirm) that I will be faithful and bear true allegiance to the United States
of America, and that Ido entirely renounce and abjure all allegiance and
fidelity to every foreign prince,potentate, state, or sovereignty whatever,
and particularly to the King of Spain."
Inhabitants on SEC. 2. And be it further enacted, That the inhabitants of said ceded
July 10, 1821,
taking the oath, territory, who were residents thereof on the said tenth day of July, and
&c., entitled to who shall take the said oath, and who continue to reside therein, or citi-
own ships, &c. zens of the United States resident therein, shall be ontitled to all the
benefits and privileges of owning ships or vessels of the United States,
to all intents and purposes, as if they were resident citizens of the
United States.
SEC. 3. And be it further enacted, That during the term of twelve
For 12 years years, to commence three months after the twenty-second day of Febru-
from the 22d of
May, 1821, ary, one thousand eight hundred and twenty-one, being the day of the ex-
Spanish vessels change of the ratifications of said treaty, Spanish ships or vessels, coming
ta) See notes of the acts of Congress relating to the territory of Florida, Act of March 30, 1822,
ch. 13.

SEVENTEENTH CONGRESS. SEss. I CH. 16, 18. 1822.
laden only with the productions of Spanish growth or manufacture, laden with
Spanish produc-
directly from the ports of Spain or her colonies, shall be admitted into tions, and from
the ports of Pensacola and St. Augustine, in the said ceded territory, in Spanish ports,
the same manner as ships and vessels of the United States, and without entitled to en-
try as American
paying any other or higher duties on their cargoes than by law now are, vessels under
or shall at the time be made payable by citizens of the United States, on like circumstan-
similar articles imported into said Pensacola or St. Augustine, in ships ces.
and vessels of the United States, from any of the ports or places of Spain
or her colonies, and without paying any higher tonnage duty than by
law now is, or at the time shall be, laid on any ship or vessel of the
United States, coming from any port or place of Spain or any of her
colonies, to said ports of Pensacola or St. Augustine.
STATUTE 1.
CHAP. XVI.-Sn Set supplemental to an act, entitled "Sn act authorizing the March 30, 1822.
disposal of certain lots of public ground in the city of New Orleans and town
of Mobile."
Be it enacted by the Senate and House of Representatives of the United Act of April
States of America, in Congress assembled, That the corporation of the 20,115.
1818, ch.
city of New Orleans be, and are hereby, authorized to appropriate so Corporation
much of the lot of ground on which Fort St. Charles formerly stood, as of New Orleans
may sell so
may be necessary for continuing Esplanade street to the Mississippi much of the
river; and, also, to sell and convey that portion of the said ground which ground on
lies below said street; the proceeds of such sale shall be applied to the which Fort
purchase o'f the ground necessary for the opening of Victory street, and Charles stood,
as may be
the public walk and Elysian fields, and to such other purpose as the said necessary for
corporation may deem expedient. continuing Es-
APPROVED, March 30, 1822. planade street.
STATUTE I.
CHAP. XVllI.-Sn Sct to amend the laws now in force as to the issuing of March 30, 1822.
original writs and final process in the circuit courts of the United Stedes within
the state of Tennessee. (a)
Be it enacted by the Senate and House of Representatives of the United Act of May
States of America, in Congress assembled, That in each and every case A7, fMar3h
where a citizen of any one of the United States shall wish to commence 3, 1797, ch.'27.
a suit in the circuit court of the United States, for either the district of Act of May
east or ofwest Tennessee, against two or more citizens ofthe state of Ten- 19,88h.8
182 ch. 68.
Duplicate
nessee, some of whom re'side in east and some in west Tennessee, it shall writs may be
and may be lawful for such citizen to cause the clerk of the circuit court issued, from the
in which he may elect to commence his suit, to issue duplicate writs; eireuit de
where eourts
fendl-
one directed to the marshal of east, and the other to the marshal of west, ants reside, in
Tennessee; which writs it shall be the duty of the respective marshals East and West
to execute and return, and when returned they shall be docketted and Tennessee, &c.
proceeded in to judgment as one case only. Where judg-
SEc. 2. And be it further enacted, That in each and every case where a ment has been
recovered in
judgment has been recovered, or may be hereafter recovered, in either of either circuit
said circuit courts, it shall and may be lawful for the plaintiff in any such court, the plain-
action, to cause his writ of fieri facias, alias fieri facias, or other process of tiff may issue
his execution,
execution, to be directed and delivered to the marshal of either east or west and the marshal
Tennessee, at his election; and it shall be the duty of such marshal to ofeither
West Tennes-East or
whom the same may be directed, to do execution thereof, in the same seemust dothe
manner, and under the same penalties, that he would be if the judgment execution
had been rendered in the court of the district of which he is marshal, thereof, &c.
(a) See notes to the act of September 29, 1789, ch. 21, vol. i. 93, for the decisions of the courts ofthe
United States in relation to process.

662 SEVENTEENTH CONGRESS. SE.ss. I. C. 23, 24, 25,26. 1822.
STATUTE .
April 17, 1822. CHAP. XXI.-dn Act supplementary to an act, entitled "Sn act to alle
the terms of the district court in Xabama."(a)
The 3d sec- Be it enacted by the Senate and house of Representatives of the United
tion of the
of Nov. 27, act States of America, in Congress assembled, That the third section of the
1820, oh. 1, re- act, entitled "An act to alter the terms of
the district court in Alabama,
pealed; and be, and the same is hereby, repealed; and so much of-the second section
part of another of the act, entitled "An acf to establish a district court in the sthte of
act revived.
Act of April Alabama," as was repealed by the said third section, is hereby revived,
21, 1820,ch.47. re-enacted, and declared to be of full force and effect.
Causes, ac- SEc. 2. And be itfurther enacted, That all causes, actions, suits, indict-
tions, &c. con- ments, libels, pleas, processes, and proceedings
menced and of whatsoever kind,
made return- nature, or description, sued out, commenced, -or made returnable, at
able
ba andat Mobile,
Cahaw- Cahawba, shall be there proceeded in and determined; and, in like
ha. amanner, all such sued out, commenced, or made returnable, at Mobile,
shall be there proceeded in and determined.
STATUTE 1.
April 17, 1822. CHAP. XXIV.-An act to fix the limits of the port of entry atd delivery for
the district of Philadelphia.
Philadelphia Be it enacted by the Senate and House of Representatives of the United
hereafter, the States of America, in Congress assembled, That Philadelphia shall, from
sole port of en-
try and delivery and after the passage of this act, be the sole port of entry and delivery
for the district, for the district of Philadelphia; which said port of entry and delivery
Bounds of the shall be bounded by the Navy Yard on the south, and Cohocksink creek
port of entry. on the north, any thing in any former law to the contrary notwith-
standing.
APPRovED, April 17, 1822.
STATUTE 1.
April 17, 1822. CHAP. XXV.-An Act to amend the act, entitled "Arn act to establish the district
of Bristol, and to annex the towns of Kittery and Berwick to the district of
Portsmouth," passed Februarytwenty-fifth, eighteen hundred and one.
Act of Feb.
5c f01h.7. Be it enacted by the Senate and House of Representatives of the United
After the States of America, in Congress assembled, That, from and after the thir-
30th Sept. 1822, tieth day of September next, the district of Bristol. as described in the
the district of
Bristol to be act, entitled "An act to establish the district of Bristol, and to annex the
known as the towns of Kittery and Berwick to the district of Portsmouth," passed
district
tol of Bris- February twenty-fifth, eighteen hundred and one, shall be called and
and Warren,
and Bristol and known by the name of the district of Bristol and Warren; and that Bristol
Warren to be and Warren shall thereafter be considered as one port of entry, and shall
one port of en- possess all the rights and privileges which now belong to the port of
try. Bristol.
STATUTE I.
April 17, 1822. CHAP. XXVI.-.An Act to remit the duties on a sword imported, to he presented
to Captain Thomas Macdonough, of the Uited States' Navy.
Duty remitted Be it enacted by the Senate and House of Representatives of the United
on sword pre- States of America, in Congress assembled, That the duties which have
sented to Capt.
Thomas Mac- accrued, or which may accrue, to the United States, upon the impor-
donough. tation of a sword, to be presented to Captain Thomas Macdonough,
of the United States' Navy, in behalf of the petty officers, seamen
(a) See notes to the act of April 21, 1820, ch. 47.

SEVENTEENTH CONGRESS. S.sa.1. Ca. 27, 28. 1822.
and marines, who served on board the frigate Guerriere, when she
was lately under his command in the Mediterranean, which sword is
represented to be, or lately to have been, in the custody 6f the collector
of the district of New York, be, and'the said duties are hereby, remitted.
STATUTE I.
CHAP. XXVH.-.n Act to establish the district f Blakely.
April 17, 1822.
Be it enacted'by the Senate and House of Representativesof the United
States of America, in Congress assembled,That, from and after the thirtieth From and
after June 30,
day of June next, the Alabama, Middle, and Tensaw rivers, in the state 1822, a district,
of Alabama, and all the shores and waters on the east side of the bay of &,3. called the
Mobile, and all the ivers of the said state emptying into the Gulf of district offBlake-
ly, of which the
Mexico, to the east of said bay, shall form a collection district, to be port of Blakely
called the district of Blakely, of which the port of Blakely shall be the to be the sole
sole port of entry; and a collector for the district shall be appointed, to port of entry
&c.
reside at such place as the President of the United States shall direct, 1831, ch. 88.
near said port, who shall be entitled to receive, in addition to the fees and
other emoluments established by law, the annual salary of two hundred
and fifty dollars.
STATUTE I.
CHAP. XXVIII.-n Act to authorize the Secretary of the Treasury ro exchange
a stock bearing an interest of five per cent. for certain stocks bearing an interest April 20, 1822.
of six and seven per cent.
Be it enacted by the Senate and House of Representativesof the United
States'of America, in Congress assembled, That a subscription, to the Subscription
amount of twelve millions of dollars, of the seven per cent. stock, and of proposed, to
amount of
the six per cent. stock of the year eighteen hundred and twelve, and also for twelve million
fourteen millions of the six per cent. stock of the years eighteen hundred dollars, &c.
and thirteen, fourteen, and fifteen, be, and the same is hereby, proposed: for openedksatthe
which purpose books shall be opened at the Treasury of the United States, treasury and
and at the several loan offices, on the first day of May, one thousand eight May offices
loan 1, till July
hundred and twenty-two, to continue open until the first day of July next 1, ll2J.
thereafter, for such parts of the above-mentioned description of stocks
as shall, on the day of subscription, stand on the books of the treasury, Subscription
and on those of the several loan offices, respectively; which subscription - to be effected
shall be effected by a transfer to the United States, in the manner pro-by a transfer of
credits and sur-
vided by law for such transfers, of the credit or credits standing on the render of cer-
said books, and by a surrender of the certificates of the stock so tificates.
subscribed.
SEc. 2. And be it further enacted, That, for the whole, or any part, of Credits to be
any sum which shall be thus subscribed, of the six per cent. stocks of the entered and
certificates
years one thousand eight hundred and twelve, and one thousand eight bearing an in-
hundred and thirteen, credits shall be entered to the respective sub- terestof five per
scribers, who shall be entitled to a certificate or certificates, purporting cent. to be is-
sued, for
that the United States owe to the holder or holders thereof, his, her, or amouet of six
their, assigns, a sum to he expressed therein, equal to the amount of per cent. stock
the principal stock thus subscribed, bearing an interest of five per subscribed,
centusn per annum, payable quarterly, from the thirtieth day of June, transferable,
&c.
one thousand .eight hundred and twenty-two, transferable in the same
manner as is provided by law for the transfer of the stock subscribed, and
subject to redemption, at the pleasure of the United States, in the pro-
portion, and at the periods, herein defined, viz: one-third at any time after Periods of
the thirty-first day of December, one thousand eight hundred and thitty; redemption of
one-third at any time after the thirty-first day of December, one thousand
eight hundred and thirty-one; and the remainder at any time after the

SEVENTEENTH CONGRESS. SEss. 1. CH 28. 1822.
thirty-first day of December, one thousand eight hundred and thirty-two;
Credits and and that for the whole, or any part, which shall be thus subscribed, of
certificates in
like manner, for the seven per cent. stock, credits shall be entered to the respective sub-
the seven per scribers, who shall be entitled to a certificate or certificates, purporting
cent. stock sub- that the United States owe to the holder or holders thereof, his, her, or
scribed, re-
deemable after
their, assigns, a sum, to be expressed therein, equal to the amount of the
iasgs
Dec. 31, 1833.
principal stock thus subscribed, bearing an interest of five per cent. per
annum, payable quarterly, from the thirtieth day of June, eighteen hun-
dred and twenty-two, transferable in the manneras is provided by law
for the transfer of the stock subscribed, and subject to redemption, at the
Proviso, pleasure of the United States, at any time after the thirty-first day of De-
cember, one thousand eight hundred and thirty-three: Provided, That no
reimbursement shall be made, except for the whole amount of such new
Secretary of certificate, nor until after at least six months' public notice of such intend-
the Treasury to ed reimbursement. And it shall be the duty of the Secretary of the
re-transfer the Treasury to cause to be re-transferred to the respective subscribers, the
excess of stock several sums by them subscribed beyond the amount of the certificates
subscribed. of five per cent. stock issued to them respectively.
If the amount SEc. 3. And be it further enacted, That, if the amount of seven and
authorized six per cent. stocks, authorized to be subscribed by the first section of
should not be
subscribed by this act, shall not have been subscribed by the first day of July next, the
July 1, 1822, remainder of that amount may be subscribed, on the books of the treasury,
the remainder at any time between he said first day of July and the first day of October
may be sub-
scribeid be- next thereafter; aid for the whole or any part of any sum which shall be
tween that day thus subscribed, of the six per cent. stocks of the years eighteen hundred
and the 1st of and twelve, eighteen hundred and thirteen, eighteen hundred and four-
October follow- teen, and eighteen hundred and fifteen, bredits shall be entered to the
ing, on theeih
books of the respective subscribers, who shall be entitled to a certificate or certificates
tre4snry. purporting that the United States owe to the holder or holders thereof,
his, her, or their, assigns, a sum, to be expressed therein, equal to the
amount of the principal stock thus subscribed, bearing an interest of five
per centum per annum, payable quarterly, from the thirtieth day of Sep-
tember, one thousand eight hundred and twenty-two, transferable in the
same manner as is provided by law for the transfer of the stock subscribed,
and subject to, redemption, at the pleasure of the United States, in the
proportion, 'and at the periods, herein defined, viz : one-third at any time
after the thirtyfirst day'of Decembek', one th6usand eight hundred and
thirty; one third at any time after the thirty-first day of December, one
,thousand eight hundred add thirty-one; and the remainder at any time
after the-thirty-first day of December, one thousand eight hundred and
thirty-two ;,and that for the whole or any part which shall be thus sub-
scribed of the seven per cent. stock, credits shall be entered to the re-
spective subscribers, who shall be entitled to a certificate or certificates,
purporting that the United States owe to the holder or'holders thereof,
his, her, or their, assigns, a sum, to be expressed therein, equal to the
amount of the principl stock thus subscribed, bearing an interest of five
per centum per annum, payable quarterly, from the thirtieth day of Sep-
tember, one thousand eight hundred and twenty-two, transferable in the
manner as is provided by law for the transfer of the stock subscribed,
and subject to redemption, at tke pleasure of the United States, at any
time after the thirty-first day of December, one thousand eight hundred
Proviso; no and thirty-three: Provided, That no reimbursement shall be made, except
reimbursement, for the whole amount of such new certificate, nor until after at least six
except, &c. months' public notice of such reimbursement.
Funds pledg- Src. 4. And be it further enacted, That the same funds which have
ed for the pay-
meat of inter-
heretofore been, and now are, pledged by law for the payment of the in-
estand redemp- terest, and for the redemption or reimbursement of the stock which may
iun of the prin- be subscribed by virtue of the provisions of this act, shall remain pledged
for the payment of the interest accruing on the stock created by reason

SEVENTEENTH CONGRESS. Spss. 1. Ca. 29,20. 11522.
of such subscription, and for the redemption or reimbursement of the cipal or the-
new stock.
principal of the same. It shall be the duty of the commissioners of the Commission-
.sinking fund to cause to be applied and paid, out of the said fund, yearly era of the sink-
and every year, such sum and sums as may be annually wanted to dis- ing fund to
cause to be ap.
charge the interest accruing otlhe stock which may be created by vir- plied the sums
tue of this act. The said commissioners are hereby authorized to apply, necessary to
from time to time, such sum and sums, out of the said fund, as they may pay the interest
and redeem the
think proper, towards redeeming, by purchase or by reimbursement, in principal, &c.
conformity with the provisions of this act, the principal of the said stock.
And such part of the annual sum of ten millions of. dollars, vested by The part of
law in the said commissioners, as may be necessary and wanting for the the $10,000,000
vested, &c.,
above purposes, shall be and continue appriated [appropriated] to the continued ap-
payment of interest and redemption of the public debt, until the whole propriated to
of the stock which may be created under the provisions of this act pay the interest,
&c.
shall have been redeemed or reimbursed. Rights of non-
SEC. 5. And be it further enacted, That nothing in this act contained subscribers
shall. be construed in any wise to alter, abridge, or impair, thi rights of neither altered
those creditors of the United States who shall not subscribe to the loan nor abridged.
to be opened by virtue of this act.
STArUTE L.
CHAP. XXIX.An art to revive and continue in force " An act declaring tte April 20, 1822.
assent of Congress to certain acts of the states of Aryland and Georgia." f[Expired.]
lBe it enacted by'the Senate and House of Representativesof the United Act of March
States of America, in Congress assembled, That-the act passed the seven- 17,1800, ch. 15.
The act of
teenth day of March, in the year one thousand eight hundred, entitled March 17, 1800,
"An act declaring the assent of Congresh to certain acts of the states of declaring the
Marylhnd and Georgia," and which, by subsequent acts, has been revived assent or Con-
gress to certain
and continued in force until the third day of March, eighteen hundred acts of the states
and twenty-two, be, and the same hereby is, revived and continued in of Maryland and
force until the third day of March, one thousand eight hundred and Georgia,revived
and continued.
twenty-eight: Provided,That nothing herein contained shall authorize Proviso.
the demand of a duty on tonnage on vessels propelled by steam employed
in the transportation of passengers.
APPRovED, April 20, 1822.
STATUTE [.
CHAP. XXX.-.In Sct suyplermentary to the act, entitled "An act for the relief of April 20, 1822.
the purchasers of public lands, prior to the first day of July, eighteen hundred
and twenty." [Expired.]
1823, ch. 57.
States of America, in Congress assembled, That all purchasers, and 2, 1S21, eh. 12.
Those who
every legal holder of any certificate of the purchase, of the public lands did not avail
of the United States, who were entitled to, but who have not availed themselves of
themselves of, any of the provisions of the act of Congress of the second the provisions
of the act of
of March, one thousand eight hundred and twenty-one, entitled " An March 2, 1821,
act for the relief'of the purchasers of public lands prior to the first day allowed until
of July, one thousand eight hundred and twenty," be allowed, at any Sept. 30, 1822,
to surrender
time on or before the thirtieth day of September, one thousand eight certificates, &c.
hundred and twenty-two, to surrender their certificates of purchase, to Act of March
accept, and, on filing such acceptances, shall be entitled and subject to 21,1828, ch, 22,
and notes.
such of the provisions of the aforesaid act as apply to cases where com-
plete payment may be made of any tract of land prior to the thirtieth
day of September next.
SEC. 2. And be it further enacted, That all purchasers, and every Purchasers, &c.
VOL. III.-84 3 K2

SEVENTEENTH CONGRESS. SEss. 1. Ct 31. 1822.
who did not ac- legal holder of any certificate of purchase, of the public lands of the
cept the provi- United States, who may not have accepted any of the provisions of the
sions of the act
of March 2, aforesaid act of March second, one-thousand eight'hundred and twenty-
1821, and who one, or who may not avail themselves of the provisions of the first sec-
did not avail tion of this act, be permitted, at any time prior to the thirtieth of Sep-
themselves of
the provisions tember next, to file their acceptances, and surrender their certificates of
of the 1st sec- purchase, and shall he entitled to all the benefits, and subject to all the
tion, may file provisions,, of the aforesaid act of March second, one thousand eight
their accept-
ances, and be hundred and twenty-one, which relate in any manner to relinquishment
entitled to all and classification, and to the extension of the time of payment by instal-
the benefits, &G. ments, and the proceeding in relation thereto, in the same manner as if
such acceptances had been filed on or before the thirtieth of Septem-
Purcha ers, ber last.
SEC. 3. And be it further enacted, That all purchasers, and every legal
&c., who have
filed their ac- holder of any certificate of purcbase, of the public lands of the United
ceptances, &c., States, who. may have filed their acceptances and surrendered their
under the act certificates of purchase, and 'accepted the provisions of the aforesaid act
of March 2,
1821, relative of March second, one thousand eight hundred and twenty-one, which
to payments by relate to payments to be made by instalments, be permitted, notwith-
instalments, standing their acceptances heretofore filed, to make complete payment
permitted to
make complete on any tract of land on or before the thirtieth day 'of September next,
payment, with and shall be entitled to the discount provided for by the fourth section of
discount, &c. the aforesaid act.
Registers and Sxc. 4. And be it further enacted, That it shall be the duty of the
receivers of registers and receivers of the several land offices of the United States to
land offices are
to perform the perform the duties prescribed by, or necessary to carry into complete
duties under effect, the provisions of this act, according to the forms and instructions
this act, as un- heretofore given by the Treasury Department; to keep full and faithful ac-
der the act of
March 2, 1821.
counts and records of all proceedings under the same, in the manner
prescribed by the eighth section of the aforesaid act; to make report of
the same to the Treasury Department within the term of three months
from the thirtieth of September next; and shall receive, as compensation
for like services, the fees provided for by the seventh and eighth sections
of said act.
Lands that SEc. 5. And be it further.enacted, That every tract of land which
would have would have been forfeited from a failure to file an acceptance and to sur-
been forfeited,
&c., exempted render the certificE'te of purchase on or before the thirtieth of September,
until Sept. 30, one thousand eight hundred and twenty-one, be, and the same is hereby,
1822. exempted from forfeiture and sale until the thirtieth day of September
next, and no longer.
STATUTE .
April 26, 1822. CHAP. XXXI.-.n 2ct to alter the times of holding courts in the western
district of Virginia, and for other psurposes. (a)
Courts, to be Be it enacted by the Senate andHouse of Representativesof the United
haeld annually- States of America, in Congress assembled, That, instead of the times
hereafter at now prescribed by law for holding courts in the western district of Vir-
the times and
places designa- ginia, the said courts shall be held annually on the first Mondays of April
ted. and September, at Wythe Courthouse; and at Lewisburg, on the Fridays
succeeding the first Mondays of April and September; and at Clarks-
burg, on the fourth Mondays of May and October; to-which days, respec-
tively, all process returnable to the first days of the next succeeding term
If the judge shall be held returnable, and returned accordingly.
fails to attend SEC. 2. And be it further enacted, That if the judge shall not attend
on the first day on the first day of any court, such court shall stand adjourned from day
(a) See notes to the act of Feb. 4, 1819, ch. 12.

SEVENTEE H CONGRESS. Sans. I. C. 2, 33. 1822. 07
to day for three days, if the same cause continue; after which time, if the court to
stad journ-
the judge still fail to attend, the court shall stand adjourned until the ed, &a.
first day of the next term.
STATUTE I.
CHAP XXX.-SIn lct altering the time and place of holdizg the district court April 26, 1822.
in the district of Mississippi. (a)
Be itenacted by the Senate snd House of Representativesof the United The district
States of America, in Congress assembled, That the district court of the court hereto-
fore holden,&c.
United States for the district of Mississippi, heretofore holden at the to be held
seat of government in the state of Mississippi, on the first Mondays in at Natchez
January and July, shall, after the next July term, which may be holden at the court-
house of Adams
at the city of Natchez, hereafter hold its regular terms at the courthouse county, on the
of Adams county, in the city of Natchez, on the first Mondays in April- first Mondays in
and October, and may continue to sit at each term until the business of April and Octo-
ber, &c.
the court is finished.
SEc. 2. And be it further enacted, That every writ, process, subpcena, Writs, pro-
or recognisance, returnable according to law, or the tenor thereof, to cess, &c., re-
turnable ac-
either of the aforesaid terms holden on the first Mondays in January and cordingly.
July, shall, after the next July term, be returnable, and shall be returned
to the next succeeding term of said court, to be holden on the first Mon-
days in April and October, after the passing of this act.
STATUTE 1.
CHAP. XXXm..-Sn Act supplementary to 'an act, entitled "Sn act to set apart April 26, 1822.
and dispose of certainpublie lands for the encouragement of the cultivation of
the vine andolive."
Be it enacted by the Senate and House of Representatives of the United Act ofMarch
3, 1817, ch. 61.
States of America, in Congress assembled, That, whenever any individual Whefi any in.
or individuals, nafned in the contract entered into between the Secretary dividual of the
of the Treasury and Charles Villar, agent of the French association, on association, his
heirs, or devi-.
the eighth day of January, in the year one thousand eight hundred and sees shall have
nineteen, by virtue of the act of Congress, entitled "An act to set apart complied with
and dispose of certain public lands for the encouragement of the cultiva- the conditions
of settlement,
tion of the vine and olive," passed on the third day of March, one thou- and cultivation
sand eight hundred and seventeen, or the heirs or devisees of such indi- in proportion to
vidual or individuals, shall have complied with the conditions of settle- his interest, and
paid the amount
ment and cultivation, in the said contract prescribed, in proportion to his of purchase
or their interest, under the said contract, and in the lands thereby set money, &c. the
apart, and shall have paid the amount of purchase money, proportionate Secretary ofthe
Treasury to
to his or their interest in said land, within the particular periods in the cause a patent
said contract limited, it shall and may be lawful for the Secretary of to issue for the
the Treasury, and he is hereby required, to cause letters patent to be proportionate
interest of the
issued to such individual or individuals, or his or their heirs or devisees, individual in
for the amount of his or their interest in the lands set apart and contract- the lands set
ed for by virtue of the said act, any thing in the said act or contract con- apart.
tained to the contrary notwithstanding: saving, always, to the widow of Saving to the
widow her right
any such deceased proprietor her right of dower in said lands, according of dower, ac-
to the laws of the state of Alabama. cording to the
laws of Alaba-
ma.
(a) See notes to act of Jan. 11, 1821, ch. 6.

SEVENTEENTH CONGRESS. SEss. L CH. 40, 41. 18
STATUTE I.
April 26, 1822. CHAP. XL.-Sn tc to perfed certain locations andsales of public lands in
1827, ch. 34. Missouri.
Locations of Be it enacted by the Senate and House of Representativesof the United
warrants made States of America, in Congress assembled, That the locations heretofore
under the actof
Feb. 15, IS15, made of warrants issued under the act of the fifteenth of February, one
if made in pur- thousand eight hundred and fifteen, entitled "An act for the relief of the
suance of that inhabitants of the late county of New Madrid, in the Missouri territory,
actin other re-
spects, shall be who suffered by earthquakes," if made in pursuance of the provisions
perfected into of that act, in other respects, shall be perfected into grants, in like man-
grants, &c. ner as if they had conformed to the sectional or quarter sectional lines
Act of Feb.
17, 1815,ch. 45. of the public surveys; and the sales of fractions of the public lands,
The sales of heretofore created by such locations, shall be as valid and binding on the
fractions Piom United States as if such fractions had been made by rivers, or other na-
such locations,
valid, &c. tural obstructions.
Hereafter SEc. 2. And be it further enacted, That hereafter the holders and
holders, &c., of locators of such warrants shall be bound, in locating them, to conform
such warrants,
are to conform, to the sectional or quarter sectional lines of the public surveys, as nearly
&c., and such as the respective quantities of the warrants will admit; and all such war-
warrants to be rants shall be located within one year after the passage of this act; in
located within a
year, or they default whereof the same shall be null and void.
will be null. APPROVED, April 26, 1822.
STATUTE L
April 30, 1822. CHAP. XLI.-Sn det making appropriationsfor the support of government for
[Obsolete.] the year one thousand eight hundred and twenty-two, and for otherpurposes.
priated for the States of America, in Congress assembled, That the following sums'be,
year 1822. and the same are hereby, respectively, appropriated for the service of the
year one thousand eight hundred and twenty-two; that is to say:
Congress and For compensatio, granted by law, to the Senate and House of Repre-
their officers. sentatives, their officers, and attendants, in addition to an unexpended
balance of two hundred and fourteen thousand and sixty-seven dollars
and fourteen cents, two hundred and one thousand five hundred and
twenty-one dollars and eighty-six cents.
Contingent For the expenses of firewood, stationery, printing, and all other con.
expenses of tingent expenses of the two Houses of Congress, forty-five thousand
Congress. dollars.
Library and For the expenses of the library of Congress, including the librarian's
librarian of allowance for the year, one thousand nine hundred and fifty dollars.
Congress.
Books for i-
For books for the library, one thousand dollars.
brary. For compensation to the President of the United States, twenty-five
President. thousand dollars.
Vice Preti- For compensation to the Vice President of the United States, five thou-
sand dollars.
Secretary of For compensation to the tecretary of State, six thousand dollars.
State.
Clerks. For compensation to the clerks in the Department of State, by the act
1818, oh. 87.of the twentieth of April, one thousand eight hundred and eighteen,
fifteen thousand nine hundred dollars.
Messengers. For compensation to the messengers in said department, including
the messenger in the patent office, nine hundred and sixty dollars.
Contingent For the contingent and incidental expenses of the Department of State,
expenses. including expenses of publishing the foreign correspondence of the con-
federation Congress, for extra copying of papers, and a deficiency in the
appropriation for printing the secret journals of the old Congresa,
twenty-four thousand four hundred and ninety-two dollars and fifty-six cetts.
Secretary of For compensation to the Secretary of the Treasury, six thousand
the Treasury. dollars.

SEVENTEENTH COONGRESS. Sss. I. CO.41. 1821. 669
For compensation to the clerks in the office of the Secretary of the Clerke.
Treasury, ten thousand dollars.
For compensation to the messengers in said office, one thousand and Messengers.
fifty dollars, in full of all allowances.
For compensation to the first comptroller of the treasury, three thou- First comp-
sand five hundred dollars. troller.
For compensation to the clerks in the office of the first comptroller, Clerks.
per act of twentieth of April, one thousand eight hundred and eighteen, Isis, oh. 87.
For compensation to the messenger in said office, seven hundred dol- Messenger.
lars, in full of all allowances.
For compensation to the second comptroller of the treasury, three ler2d optrol-
thousand dollars.
For compensation to the clerks in the office of the second comptroller, Clerks.
per act of the twentieth of April, one thousand eight hundred and eigh- I81, oh. 87.
teen, nine thousand seven hundred and fifty dollars.
For compensation to the messenger in said office, seven hundred Messenger.
dollars, in full of all allowances.
For compensation to the first auditor of the treasury, three thousand Ist auditor.
dollars.
For compensation to the clerks in the office of the first auditor, per act Clerks.
of the twentieth of April, one thousand eight hundred and eighteen, 1818, ch. 87.
fifteen thousand two hundred dollars.
For compensation to the second auditor of the treasury, three thousand 2d auditor.
dollars.
For compensation to the clerks in the office of the second auditor, Clerks.
sixteen thousand two hundred dollars. _s18, ch. 87.
For compensation to the third auditor of the treasury, three thousand 3d auditor.
dollars.
For compensation to the clerks in the office of the third auditor, per act Clerks.
of the twentieth of April, one thousand eight hundred and eighteen, isis, ch. 87.
twenty-eight thousand six hundred dollars.
For compensation to the messengers in said offide, one thousand and Messengers.
dollars.
For compensation to the clerks in the office of the fourth auditor, per Clerks.
ct of the twentieth of April, one thousand eight hundred and eighteen, 1818, oh. 87.
fifteen thousand and fifty dollars.
dollars.
For compensation to the clerks in the office of the fifth auditor, per Clerks.
act of the twentieth of April, one thousand eight hundred and eighteen, Is18,oh. 87.
ten thousand five hundred dollars.
For two clerks to complete the duties of the commissioner of the Clerks to corn-
revenue, transferred to the office of the fifth auditor, two thousand missioner of re-
five hundred and fifty dollars.
For one clerk on the business of the agent of the treasury, transferred Clerk on busi-
the office of the fifth auditor, one thousand one hundred and fifty dollars. n"es of agent of
to- - the treasury.
lars, in full of all allowances.
dollars.

SEVENTEENTH CONGRESS. Sss. 1. Ca&41. 1S22.
Clerks. For compensation to the clerks in the office of the treasurer of -the
1818, oh. 87. United States, per act of twentieth of April, one thousand eight hun-
dred and eighteen, five thousand two hundred and fifty dollars.
Additional For compensation to an additional clerk, as allowed by act of ap-
trea-ch. propriation of one thousand eight hundred and nineteen, and one thou-
clerk to1819,
surer,
54. sand eight hundred and twenty; and, also, for an assistant to the chief
1820, oh. 40. clerk, one thousand two hundred dollars.
Messenger. For compensation to the messenger in said office, seven hundred
Commissioner For compensation to the commissioner of the general land office, three
of general land thousand dollars.
okce. For compensation to the clerks in the office of said
Clerks. commissioner,
per act of twentieth of April, one thousand eight hundred and eighteen,
1818, oh. 87. twenty-two thousand five hundred and fifty dollars.
Register of For compensation to the register of the treasury, three thousand dollars.
treasury. For compensation to the clerks in the office of the register, per act
Clerks. of twentieth of April, one thousand eight hundred and eighteen, twenty-
1818, oh. 87. two thousand five hundred and fifty dollars.
Messenger. For compensation to the messenger in said office, including the
allowance for stamping ships' registers, eight hundred dollars, in foll of
all allowances.
Secretary to For compensation to the secretary of the commissioners of the sink-
sinking fund. ing fund, two hundred and fifty dollars.
Transmitting For allowance to the person employed in transmitting passports and
passports,trans- sea-letters, for expense of translating foreign languages in the office of
lating, &C. in
the treasury. the Secretary of the Treasury p for stationery, fuel, printing, and all other
incidental and contingent expenses, in the Treasury Department, and
the several offices therein, including the expenses of stating and print-
ing the public accounts for the year one thousand eight hundred
and twenty-two, thirty-six thousand dollars.
Superintend- For allowance to the superintendent, and four watchmen, employ-
ent and watch- ed for the security of the state and treasury buildings, for the repairs of
men. engines, hose and buckets, one thousand nine hundred
dollars.
Secretary of For compensation to the Secretary of War, six thousand dollars.
War. For compensation to the clerks in the office of the Secretary of War,
Clerks. per act of twentieth of April, one thousand eight hundred and eighteen,
1818, oh. 87. twenty-three thousand four hundred dollars.
Messengers. For compensation to the messengers in said office, one thousand and
general. dollars.
Clerks. For compensation to the clerks in the office of the paymaster general,
four thousand two hundred and fifty dollars.
general, sand dollars.
Clerks. For compensation to the clerks in the office of the commissary gen-
eral of purchases, two thousand eight hundred dollars.
Adjutantgene- For compensation to the clerks in the office of the adjutant general,
ral's clerks. two thousand one hundred and fifty dollars.
Clerks of the For compensation to the clerks in the office of the ordnance, two
Ordnance. thousand nine hundred and fifty dollars.
Clerks of com- For compensation to the clerks in the office of the commissary gene-
missary general
of subbistence. ral of subsistence, two thousand one hundred and fifty dollars.

SEVENTEENTH CONGRESS. SEss. I. CH. 41. 1822. 671
For compensation to the clerks in the engineer office, two thousand Clerks in the
one hundred. and fifty dollars. engineer office.
For compensation to the clerk in the office, of the surgeon general, Surgeon gene-
one thousand one hundred and fifty dollars, ral's clerk.
For the contingent expenses of the War Department, including fuel, Contingent
stationery, and other contingent expenses, six thousand dollars. expenses of
For compensation to the Secretary of the Navy, six thousand dol-- War ment.Depart-
lars. Secretary of
For compensation to the clerks in the office of the Secretary of the the Navy.
Navy, per act of twentieth of April, one thousand eight hundred and eigh- Clerks.
teen, eight thousand two hundred dollars. 1818 b.87.
For compensation to the messengers in said office, one thousand and Messengers.
For the contingent expenses of the said office, two thousand dollars. Contingent
For compensation to the commissioners of the navy board, ten thou- Commissioners
sand five hundred dollars. of navy board.
For compensation to the secretary of the commissioners of the navy boSertary of
board, two thousand dollars. bard.
For compensation to the clerks in the office of the commissioners Clerks.
of the navy board, per act of twentieth of April, Onle thousand eight hun- 1818, eh. 87.
dred and eighteen, three thousand five hundred and fifty dollars.
For compensation of three clerks, and a draftsman, as allowed by acts Other clerks,
of appropriation since the first of January, one thousand eight hundred &c.
1819, ch. 64.
and nineteen, four thousand dollars. 1820, ch. 40.
lars, in full
of all allowances.
For the contingent expenses of said office, two thousand dollars. Contingent
For allowance to the superintendent, and four watchmen, employed for expenses.
Security of"
the security of the war and navy buildings, and for the incidental and war and navy
contingent expenses, including oil, fuel, and candles, two thousand and buildings.
sixty-eight dollars..
For compensation to two assistant postmasters genhral, five thousand general.
Assistant
dollars. P.M. general.
For compensation to the clerks in the general post-office, per act of Clerks.
twentieth of April, one thousand eight hundred and eighteen, twenty-two isis, ch. 87.
For compensation to the messengers in said office, one thousand Messengers.
and fifty dollars, in full of all allowances.
For contingent expenses of said office, four thousand dollars. Contingent
expenses.
For compensation to the surveyor general, two thousand dollars. Surveyor
For compensation to the clerks in the office of the surveyor general, general.
two thousand one hundred dollars. Clerks.
For compensation to the surveyor south of Tennessee, two thousand Surveyor
dollars. d r south
Lessee. of Ten-
For compensation to thd clerks in the office of said surveyor, one Clerks.
two thousand dollars. Illinois and
For compensation to the clerks in the office of said surveyor, two thou- Clerks.
sand -dollars.
Alabama.
For compensation to the clerks in the office of the surveyors r Clerks.
Alabama, one thousand five hundred dollars.
For compensation to the late commissioner of the public buildings, at Commission-
er of"publie.
Washington city, four hudidred and' sixty-six dollars and sixty-seven buildings.
cents. Officers and
For compensation to the officers and clerks in the mint, nine, thousand clerks in the
six hundred dollars. mint.

SEVENTEENTH CONGRESS. SEss. I. CE. 41. 1822.
Persons em- For persons employed in the different operations of the mint, nine
ployed in the thousand and fifty dollars.
mint.
Contingent For incidental and pntingent expenses, and repairs, cost of machinery,
expenses, &c. and for allowance of wastage in the gold and silver coinage of the mint,
Governor, &. eight thousand one hundred dollars.
of Arkansas. For compensation to the governor, judges, and secretary, of the
Arkansas territory, six thousand six hundred dollars.
Contingent For the contingent 'xpenses of said territory, three hundred arid fifty
expenses. dollars.
Governor, &c. For compensation to the governor, judges, and secretary, of the Michi-'
of Michigan. gan territory, six thousand six hundred dollars.
Contingent For the contingent expenses of said territory, three hundred and fifty
expenses. dollars.
United States.district judges, of the United States, including the chief justice and asso-
ciate judges of the District of Columbia, seventy-eight thousand two
hundred dollars.
Attorneygen- For compensation to the attorney general of the United States, three
Clerk. For compensation to the clerk in the office of the attorney general,
decisions of Sc- Court, one thousand dollars.
preme Court.
District attor- For compensation to sundry district attorneys and marshals, as granted
neys and mar- by law, including those in the several territories, eight thousand nine
shals. hundred and fifty dollars.
Courts, jurors, For defraying the expenses of the Supreme, circuit, and district courts
and witnesses, of the United States, including the District of Columbia, and of jurors
and witnesses, in aid of the funds arising from fines, penalties, and for-
feitures, and for defraying the expenses of prosecutions for offences
against the United States, and for the safe keeping of prisoners, thirty
thousand dollars.
Sundry pen- For the payment of sundry pensions, granted by the late and present
sions. government, two thousand nine hundred and forty-seven dollars and
ninety-nine cents.
Disabled sea- For making good a deficiency in the fund for the relief of seamen,
men. thirty thousand dollars.
Lighthouses. For the support and maintenance of lighthouses, beacons, buoys, and
stakeages, including the purchase and transportation of oil, keepers' sala-
ries, repairs, and improvements, and contingent expenses, forty-one thou-
sand one hundred and four dollars and sixty-eight cents, in addition to an
unexpended balance of fifty-three thousand four hundred and twenty-six
dollars and sixty-two cents.
Re-building For rebuilding the lighthouse on Fayerweather island, which was
lighthouse on blown down in the gale of third September last, three thousand dollars.
Fayerweather.
Building light- For building a lighthouse on the Bodkin, and two lighthouses on
house on the North Point, in Maryland, in addition to the sums heretofore appropri-
Bodkin, &c. ated for those objects, six thousand six hundred dollars.
Placingbuoys For placing buoys in the channels through the shoals of Cape Hatteras
near Cape Hat- and Cape Lookout, and in the channels through the Frying Pan shoals,
teras, &c. and over the bars at Ocracock and Cape Fear, one thousand six hundred
dollars.
Stationery, For stationery, books, &c. for the offices of commissioners of loans
&c. for commis- six thousand nine hundred and sixty-nine dollars and sixteen cents.
sioners of loans. For surveying the public lands of the United States, actually performed
Surveying
public lands, in one thousand eight hundred and twenty-two, one hundred thousand
dollars.
John Trum-
bull for paint- For payment to John Trumbull, for paintings commemorative of the
ings. most important events of the revolution, six thousand dollars.

SEVENTEENTH CONGRESS. Sass. I. Cit. 45. 1822. 673
For the prohibition of the slave trade, being the amount carried to the of Prohibition
the slave
trade.
surplus fund on the thirty-first of December last, forty-seven thousand six
hundred and forty-seven dollars and sixty-seven cents.
For the payment of balances due to officers of the old internal revenue Balances due
and direct tax, fourteen thousand fifty-six dollars and ten cents. to officers of
For the discharge of such miscellaneous claims against the United the od internal
States, not otherwise provided for, as shall be admitted in due course of Miscellaneous
settlement at the treasury, six thousand dollars. claims.
For the salaries of the ministers of the United States to London, ministers Salaries ofofthe
Paris, St. Petersburg, Lisbon, and Madrid, with the salaries of their United States
several secretaries of legation, and the salaries of the charg6 desaffaires in foreign
at the Hague, and at Stockholm, sixty-four thousand dollars. places.
For an outfit to a minister at Lisbon, nine thousand dollars. Outfit for
For the contingent expenses of those missions, ten housand- dollars. minister at
Foi expenses of carrying into effect the fifth, sixth, and seventh, ur- Lisbon.
ta- Contingencies
ticles of the treaty of Ghent, concluded on the twenty-fourth of Decem. of foreign mis-
ber, one thousand eight hundred and fourteen, including the compensa: sions.
tion of the commissioners, agents, and surveyors, and their contingent effect Carrying into
the ar-
expenses, twelve thousqnd five hundred dollars. tices of the
For the salaries of the commissioners, secretary, clerk, and messenger, treaty of Ghent,
together with the contingent expenses of the two commissions under the &c. Salaries of
treaty with Spain, of the twenty-second of February, one thousand eight the commis-
hundred and nineteen, thirty thousand dollars. sioners, secre-
tary, clerk,
For the expense of ascertaining the longitude of the Capitol, to wit: under &c.
the ti eaty
For the compensation to William Lambert, two thousand dollars; to with Spain.
William Elliott, five hundred dollars; to Oswald Dunn, one hundred dol- Ascertaining
lars; and for contingent expenses, three hundred and sixty dollars and the longitude of
ninety-two cents. the Capitol.
Sec.,2. And be it further enacted, That the several sums hereby Out of any
appropriated, shall be paid out of any money in the treasury not other- Treasury.
money in the
wise appropriated: Provided,however, That no money appropriated by Proviso.
this act, or by the act making appropriations for the military service of
the United States, for the year eighteen hundred and twenty-two, and
towards the service of the year eighteen hundred and twenty-three,
shall be paid to any person for his compensation, who is in arrears
to the United States, until such person shall have accounted for, and
paid into the treasury, all sums for which he may be liable; Provided Proviso.
further, That nothing in this section contained shall extend to balances
arising solely from the depreciation of treasury notes, received by suchth payWhere the is
or salary
person to be expended in the public service; but in all cases where the withheld, the
pay or salary of any person is withheld in pursuance of this act, it shall accounting offi-
be the duty of the accounting officer, if demanded by the party, his balance, cer to report
&e.,
agent, or attorney, to report forthwith to the agent of the Treasury Depart- Agent to or-
ment the balance due; and it shall be the duty of said agent, within sixty der suit within
days thereafter, to order suit to be commenced against such delinquent sixty days, &c.
and his sureties.
SEc. 3. And be it further enacted, That the expense for postage in- Expense of
curred by marshals in taking and returning the fourth census of the postage inqur-
United States, not exceeding two thousand dollars, be paid out of an to be paid, &c.
unbxpended balance of an appropriation for defraying the expense of the
fourth enumeration of the inhabitants of the United States.
APPROvED, April 30, 1822.
ST&TUTL I
CHAP. XLV.-Sn Jet making appropriationsfor the public buildings. May 1, 1822.
Be it enacted by the Senate and House of Representatives of the United [Obsolete.]
States of America, in Congress assembled, That, for continuing the work
on the centre building of the Capitol, and other improvements on the
VOL III.1-S5 3 L

SEVENTEENTH CONGRESS. Sts. I. Cu. 46. 1822.
Sums appro- President's house, the following sums of money be, and hereby are ap-
priated for- propriated.
Work on the For continuing the work on the centre building, the sum of one hun-
centre building. dred and twenty thousand dollars.
Culvert to the For constructing -a culvert to the President's house, painting, and
President's necessary repairs of the same, the sum of three thousand three hundred
house, &c. dollars.
Grounds For improving the grounds around the Capitol, twelve hundred and fifty
around the Cap- dollars.
itol. SEC. 2. And be it further enacted, That the said -several sums of
Out of moneys
in the treasury. money be paid out of any moneys in the treasury not otherwise appro-
Proviso. priated : Provided,however, That no money appropriated by this act shall
be paid to any person for his compensation or perquisites, who is in-
arrears to the United States, until such person shall have accounted for,
and paid into the treasury, all sums for which he' may be liable.
CHAP. XLVL-.n .et to provide for paying lathe stateof Missouri,

Mississip,
May 3, 1822. and labama, three per cent. of the net proceeds, arisingfrom the sale of the
public lands within the same.
The Secretary Be it enacted by the Senate andHouse of Representativesof the United
of the Treasury States of America, in Congress assembled, That the - Secretary of the
from time to
time, to pay 3 Treasury shall, from time to time, and whenever the quarterly accounts
per ceat. of the of public moneys of the -several land offices in the said state of Missouri
net proceeds
of the sales of shall be settled, pay three per cent. of the net proceeds of the sales of
public lands in the lands of the United States, lying within the itate of Missouri, which
the state of since the first day of January, one thousand eight hundred and twenty-
Missouri since one, have been, or hereafter may be, sold by the United States, after de-
January 1,
1821,deducting ducting all expenses incidental to the same, to such person or persons
expenses, &c. as may or shall be authorized by the legislature of the said state of Mis-
Act ofMarch souri to receive the same; which sum or sums, thus paid, shall be ap-
6, I820, ch. 22. ---
The sums to plied to the making of public roads and canals within the said state of
beappliedtothe Missouri, under the direction of the legislature thereof, according to the
making of roads provisions on this subject contained in the act of Congress of the sixth
and canals in
Missouri, under of March, one thousand eight hundred and twenty, entitled "An act to
direction of the authorize the people of the Missouri territory to form a constitution and
legislature, &c. state government, and for the admission of such state into the Union on
an equal footing with the original states, and to prohibit slavery in certain
Account of the territories," and tW- no other purpose. And an annual account of the
application of same shall be transmitted to the Secretary of the Treasury, by such officer
the money totobe
transmitted or person of the state as the legislature thereof shall direct, and of its
the Secretary of application, if any be made; and, in default of such return being made,
the Treasury. the Secretary of the Treasury is hereby required to withhold the payment
1831, ch. 6. of any sum or sums that may then be due, or which thereafter may be-
come due, until a return shall be made as herein required.
The Secretary SEC. 2. And be it further enacted, That the Secretary of the Trea-
of the Treasury sury shall, from time to time, and whenever the quartesly accounts of
to pay 3 per publi f the several land offices in the state of Mississippi shall
cent. of the net moneys o
proceeds ofthe be settled, pay three per cent. of the net proceeds of the sales of the
sales of public lands of the United States lying within the state of Mississippi, which,
lands within the c
state of Missis- since the first day of December, one thousand eight hundred and seven-
sippi, deduct- teen, have been, or hereafter may be, sold by the United States, after de-
ing expenses. to ducting all expenses incident to the same, to such person or persons as
any person au may or shall be authorized by the legislature of the said state of Missis-
thorized to re- -
ceive it. sippi to receive the same; which sum or sums, thus paid, shall be applied
The sums thus to making public roads and canals within the said state, according to the
paid to be ap- provisions on this subject contained in the act, entitled "An act to
plied to the

SEVENTEENTH CONGRESS. Snss. 1- CH. 47. 1812.
enable the people of the.western part of the Mississippi territory to form making of roads
a constitution and state government, and for the admission of such state and canals in
Mississippi, &c.
into the Union on an equal footing with the original states" and to no 1817, ch. 23.
other purpose; and an annual account of the same shall be transmitted to Annual ac-
count to be
the Secretary of the Treasury, by such officer or person of the state as ,transmitted to
the legislature thereof shall direct, and of its application, if any be made, the Secretary of
and in default of such return being made, the Secretary of the Treasury the Treasury.
is hereby required to withhold the payment of any sum or sums that may
then be due, or which thereafter may become due, until a return shall be
-made as herein required.
Sac. 3. And be it further enacted,That the Secretary of the Trea- The Secretary
of the Treasury
sury shall, from time to time, and whenever the quarterly accounts of to pay three per
public moneys of the several land offices in the state of Alabama shall be cent. of the net
settled, pay three per cent. of the net proceeds of the sales of the lands proceeds of the
of the United States lying within the state of Alabama, which since the sales of public
first day of September, in the year one thousand eight hundred and nine- lands within the
state of Alaba-
teen, have been, or hereafter may be, sold by the United States, after de- ma, since Sept.
ducting all expenses incident to the same, to such person or persons as 1, 1819, deduct-
ing expenses, to
may or shall be authorized by the legislature of the said state of Alabama any person au-
to receive the same; which sum or sums, thus paid, shall be applied to thorized to re-
making public roads and canals, and improving the navigation of rivers, ceive it.
The sums thus
within the said state of Alabama, under the direction of the legislature paid to be ap-
thereof, according to the provisions on this subject contained in the act, plied to the
entitled " An act to enable the people of the Alabama, territory to form a making roads,
constitution and state government, and for the admission of such state canals, &c., in
Alabama.
into the Union on an equal footing with the original states," and to no 1819, ci. 47.
other purpose; and an annual account of the same shall be transmitted Annual ac-
count of the ap-
to the Secretary of the Treasury, by such. officer or person of the state plication of the
as the Jegislature thereof shall direct, and of its application, if any be money to be
made; and in default of such return being made, the Secretary of the transmitted to
Treasury is hereby required to withhold the payment of any sum or the Secretary of
the Treasury.
sums that may then be due, or which thereafter may become due, until
a return shall be made as herein required: Provided, That the Secretary Proviso.
of the Treasury shall not allow to either of ihe said states of Mississippi
and Alabama three per cent. on the net proceeds of the sales of public
lands within the limits of the late Mississippi territory, after deducting
incidental expenses, until the sum of one million two hundred and fifty
thousand dollars, stipulated to be paid by the United States to the state
of Georgia, for the cession of the late Mississippi territory, now compo-
sing the states of Mississippi and Alabama, shall have been first paid and
deducted; nor until the stock created under the provisions of the act of
Congress of the thirty-first of March, one thousand eight hundred and
fourteen, entitled "An act providing for the indemnification of certain
claimants of public lands in the Mississippi territory,"(a) and the act sup- Act of Jan.
plementary thereto, shall have been redeemed, or if not entirely redeemed 23, 1815,ch. 24.
the residue to be deducted from the net proceeds.
STATUTE I.
CaAP. XLVII.--Sn Act relating to treasury notes. (b) May 3 1822.
Be it enacted by the Senate andHousk of Representativesof the United No treasury
States of America, in Congress assembled, That, from and after the notes to be re-
ceived in pay-
passing of this act, no treasury note shall be received in payment on ac- ment, or paid,
count of the United States, or paid, or funded, except at the treasury of or landed, ex-
the United States. cept at the
APPROVED, May 3, 1822. Treasury.
(a) An act providing for the indemnification of certain claimants of public lands in the Mississippi
territory, March 31, 1814, ch. 39.
(b) For the acts relating to treasury notes, see vol. ii. 766.

676 SEVENTEENTH CONGRESS. Szss.l. CH.48,49. 1822.
STATvTE I.
May 4, 1822. CHAP. XLVIII.-.dn Aet for the relief of the officers, volrtteer andother ersons,
engaged in the late campaign against the Seminole Indians.
See the act Be it enacted by the Senate and House of Representatives of the United
of May 26, States of America, in Congress assembled, That any officer, volunteer,
1824, oh. 187.
Persons en- ranger, cavalry, or other persons engaged in the campaign of one thousand
gaged in the eight hundred and eighteen, against the Seminole Indians, who has sus-
campaign
1818, whaoflost tained damage by reason of the loss of any horse or horses, which in
horses in con- consequence of the government of the United States failing to supply
sequence ofthe sufficient forage, while engaged in said service, died, or were una-
United States voidably abandoned and lost, shall be allowed and paid the value
failing to supply thereof.
forage, to be
paid the value SEc. 2. And be it further enacted, That the said officers, volunteers,
of them. and rangers, cavalry or other persons, for the loss of any necessary equi-
To be paid
also, for loss of page of said horse or horses, or for any guns lost in said service or which
necessary horse were left in possession of the United States, or of any officer thereof,
equipage, or shall be allowed and paid the value thereof-, said claims to be paid out
guns lost or left
in pos essioa of of any moneys in the treasury not otherwise appropriated: Provided,
the United That, if any payment shall have been made to any officer or soldier afore-
States. said, for the use and risk, after the death or abandonment of his horse,
Out of money
in the treasury. such amount shall be deducted from the value thereof,unless said officer
Proviso. or soldier shall show that he was remounted, in which case the deduc-
tion shall only extend to the time such officer or soldier served on foot:
Proviso. And provided also, That, if any payment shall have been made to any
officer or soldier on account of clothing, such payment shall be deducted
Proviso. from the value of his horse or accoutrements: And providedfurther,
That no claim shall be allowed under the provisions of this act, until
proper evidence shall have been received by the accounting officers from
the company to which the claimants shall have belonged, showing the
number of horses lost in said company in manner aforesaid, the time
when lost, and the name of the owner.
The President SEc. 3. And be it further enacted, That the accounting officer of the
to prescribe the
rules and regu-
Treasury Department shall audit and settle those claims, under such rules
lations ofaudit- and regulations as the President of the United States may prescribe.
ing and settling APPROVED, May 4, 1822.
the claims.
STATUTE 1.
May 4, 1822. CHAP. XLIX.-An Ae making apprapriations for the support of the navy of the
[Obsolete.] United Statesfor the year one thousand eight hundred and twenty-two, and for
other purposes.
Be it enacted by the Senate and House of Representativesof the UTited
Sums apprh States of America, in Congress assembled, That, for defraying the ex-
support for
priated of the
the of the Navy for the year one thousand eight hundred and twenty-
penses of
navy for the two, the following .sums be, and the same are hereby, respectively, ap-
year 1822. propriated:
Pay and
sistence of sub-
offi- For the pay and subsistence of the officers, and pay of the seamen, in
cers and pay of addition to the sum of one hundred thousand dollars already appropriated,
seamen, tc. the sum of eight hundred and sixty-one thousand four hundred and sixty.
six dollars.
Provisions,'in For provisions, in addition to the sum of twenty thousand dollars al-
addition, &o. ready appropriated, and to an unexpended balance of thirty thousand dol-
lars, the sum of two hundred and sixty-seven thousand two hundred and
fifty-eight dollars.
Medtoines, For medicines,hospital stores, and all expenses on account of the sick,
&c. thirty-two thousand dollars.
Repairs of For the repairs of vessels, in addition to the sum of twenty thousand
vessels, in ad- dollars already appropriated, the sum of three hundred and eighty-eight
thousand dollars.

SEVENTEENTH CONGRESS. Snss. L C. 50. 1822. 677
For improvements of navy yards, docks, and wharves, fourteen thou- Improvement
of navy-yards,
sand four hundred and fifty dollars. &c.
For pay of superintendents, naval constructors, store-keepers, inspectors Pay of super-
of timlier, clerks of the yards, and artificers, thirty-six thousand four hun- intendents, &c.
dred and fifty dollars.
For labourers and teams employed in loading and unloading vessels, Labourers
piling, docking and removing timbers, stores, et cetera, and fuel for the and teams, &c.
engine, twenty thousand dollars.
For ordnance and ordnance stores, twenty-five thousand dollars. Ordnance, &c.
For contingent expenses, in addition to the sum of twenty thousand Contingent
dollars already appropriated, two hundred and ten thousand dollars. expenses.
For the pay and subsistence of the marine corps, in addition to an un- Pay, &c. of
expended balance of twenty-two thousand dollars, one hundred and forty- marine corps.
seven thousand three hundred and ninety-three dollars.
For clothing the same, in addition to an unexpended balance of six Clothing
thousand nine hundred and thirty-eight dollars and thirty-four cents, the marine corps.
sum of twenty-two thousand seven hundred and thirty-six dollars.
For fuel for nine hundred and thirty-eight non-commissioned officers, Fuel for
musicians, and privates, six thousand eight hundred and fifty dollars. marine corps.
For military stores for the same, the unexpended balance of the year Military
one thousand eight hundred and twenty-one, being eleven thousand one stores for
marine corps.
hundred and eighty dollars and fifteen cents.
For contingent expenses for the same; that is to say: fuel for commis- Contingent
sioned officers, bed sacks, repairing barracks, transportation, and travelling expenses.
expenses to officers, postage of letters, armorers, and armorers' tools, and
stationery, with extra rations to officers commanding posts, fourteen
thousAnd dollars.
To make good a deficit in the contingent expenses of the marine good makeficit in
corps, which accrued prior to the year eighteen hundred and twenty-one, the contingent
the sum of nine thousand one hundred and nine dollars and twenty-two expenses.
cents.
SEC. 2. And be it further enacted, That the several appropriations Out of money
otherwise appropriated: Provided, however, That no money appropriated Proviso.
by this act shall be paid to any person for his compensation or perquisites,
who is in arrears to the United States, until such person shall have ac-
counted for and paid into the treasury all sums for which he may be
liable: Provided,further, That nothing in this' section contained shall Proviso.
extend to balances arising solely from the deprecia [depreciationj of
treasury notes received by such person to be expended in the public Where pay is
service. But in all cases where the pay or salary of any person is with- withheld, the
held in pursuance of this act, it shall be the duty of the accounting
~car, accounting offi-
on demand,
officer, if demanded by the party, his agent or attorney, to report forth- to report to the
with to the agent of the Treasury Department the balance due, and it shall agent of the
be the duty of said-agent, within sixty days thereafter, to order suit to be treasury, &c.
commenced against such defaulter.
STATUTE I.
CHAP. L.-An Act to repealthe act, entitled "An act to encourage vaccination."
May 4, 1822.
Be it enacted by the Senate and House of Representatives of the United The Act of
States of America, in Congress assembled, That the act 'passed the Feb.27,1813,
37, to en-
twenty-seventh day of February, in the year of our Lord one thousand ch.courage vacci-
eight hundred and thirteen, entitled " An act to encourage vaccination, nation, repeal-
be, and the same is hereby, repealed. ed.
3 L2

i76 SEVENTEENTH CONGRESS. Sus.SSI. CH. 51,52,53. 1822.
STATUTE I.
May 4, 1822. CHAP. LI.-An Act to alter the times of holding the district court in the district
of New Jersey. (a)
District court Be it enacted by the Senate and House of Representatives ofthe United
to be hereafter States of America, in Congress assembled, That the district court for the
held at New
Brunswick and district of New Jersey shall hereafter be held at New Brunswick on the
at Burlington. second Tuesdays of March and September, and at Burlington on the
third Tuesdays of May and November, in every year, any thing in any
act heretofore pissed to the contrary notwithstanding.
STATUTR L
May 4, 1822. CHAP. L1.--n Aet making an appropriationto defray the expenses of missions
to the independent nations on the Admerican continent.
Appropriation Be it enacted by the Senate and House of Representativesof the United
for missions to States of America, in Congress assembled, That, for such missions to
such indepen-
dent nations on the independent nations on the American continent, as the President of
the American the United States may deem proper, there be, and hereby is, appropriated,
continent as the a sum not exceeding one hundred thousand dollars; to be paid out of
President may
deem proper. any money in the treasury not otherwise appropriated.
"APPEOVED, May 4,
1822.
STATUTE 1.
May 4, 1822. CHAP. LII1.-.n Aet vesting in the state of -Pennsylvaniathe right of the United
States to all fines assessed for the non-performance of militia duty during the
All the right late war with Great Britain.
of the United Be it enacted by the Senate and House of Representatives of the United
States to fines States of America, in Congress assembled, That all right which the
assessedo citi- United States have to the fines assessed upon the citizens of the state of'
sens of Penn-
sylvania for Pennsylvania, for the non-performance of militia duty during the late
non-perform- war with Great Britain, shall be, and the same hereby is, vested in the
anoe of militia said state.
duty, &c., vest-
ed in that state. SEc. 2. And be it further enacted, That all moneys in the hands of
Moneys in those who now are, or heretofore have been, marshals or deputy marshals,
the hands of which may have been dollected from the fines aforesaid, after deducting
marshals, &e.,
to be paid to the expense of assessing and collecting, shall be paid by them, respective.
treasurer of the ly, to the treasurer of the said state.
state. SEC. 3. And be it further enacted, That the said fines shall be re.
Fines to be
recovered as covered by the said state under such regulations, provisions, and restric-
the state legis- tions, as shall be prescribed by the legislature thereof.
lature may pre- SEC. 4. And be it further enacted,That the said state, provided it shall
scribe.
If Pennsylva- accept of the provisions of this act, shall account to the United States
nia accepts of for the sum of three thousand two hundred and thirty-eight dollars and
the provisions forty-six cents, if that amount of the said fines shall be collected, it
of this act, that
state is to ac- being the expenses of three courts martial, held in the said state, for the
count, &c. trial of said delinquents, of which Colonel Thomas C. Miller, Colonel
James Wood, and Colonel Thomas Moore, were, respectively, presidents.
(a) Acts relating to the district courts in New Jersey:

An act to establish the judicial system of the United States, Sept. 24, 1789, ch. 20, sec. 3.
An act for altering the times and places of holding certain courts therein mentioned, March 3, 1801,
ch, 32, sec. 5.
An act to repeal certain acts respecting the organization of the courts of the United States, and
for other purposes, March 2, 1802, ch. 8, sec. 2.
An act to alter the times of holding the district court in the district of New Jersey, May 4, 1822,
oh. 51. Act of June4, 1844, oh. 38.

SEVENTEENTH CONGRESS. SEss. I. Ca. 54. 1822. 679
STATUTZ I.
CnAP. LIV.-On Set to abolish the United Stales' trading establishmentwith the May 6,1822.
Indian tribes.
Be it enacted by the Senate and House of Representatives of the United Act ofMarch
States of America, in Congress assembled, That the President of the 2, 1811, ch. 30.
1 Act ofMay6,
United States shall be, and hereby is, authorized and required to 1822 ofh. 5.
cause the business of the United States' trading-houses among the Indian The President
tribes to be closed, and the accounts of the superintendent of Indian authorized and
trade, and of the factors and sub-factors, to be settled ; and for that pur-
tradecause required
theto In-
pose, the President is hereby authorized to select, from among the In- dian trading-
dian agents, or others, a competent number of fit and suitable persons, houses to be-
to be and appear at the office of Indian trade in Georgetown, in the closed, and
accounts the
to he
District of Columbia, and at each of the trading-houses established settled, &c.
among Indian tfibes, on or before the third day of June next, or as soon
thereafter as can conveniently be done, to demand and receive of and
from the superintendent of Indian trade, and of the respective factors and Agents to be
sub-factors, all the goods, wares, merchandise, furs, peltries, evidences appointed.
of debt, and property and effects of every kind which mayt be in
their power or possession, by virtue of their respective offices, and
justly due and belonging to the United States; and the said agents, se- Agents to be
furnished with
lected for the purpose aforesaid, shall be furnished with copies of the documentsfrom
latest quarterly returns of the said superintendent, factors, and sub-factors, the Treasury
as rendered by them to the Treasury Department, and -copies of any other Department,&c.
papers in the said department which will show what is, or ought to
be due and coming to the United States, from the said office of Indian
trade in Georgetown, and from each of the trading-houses established
among Indians. Arid thepersons so selected shall enter into bond, with The agents to
good and sufficient security, in such sums as may be required by the into bond
entersecurity
with
President of the United States, for the faithful discharge of the duties fwrthe fithul
enjoined on them by the provisions of this act. And from and after the discharge oftheir
third day of June next, the act of the second of March, one thousand duties.
A n After June
eight hundred and eleven, entitled act for establishing trading- 18222, the act o?
houses with Indian tribes," shall be continued in force for the purposes March 2, 1811,
only of enforcing all bonds, debts, contracts, demands, and rights which to continue in
may have arisen, and may all penalties and punishments which may have force
Act only, &c.
of March
been, or may be,incurred under the provisions of the said act, and for 2,1811,ch. 30.
the settlement of the accounts of the superintendent, factors, and sub-
factors, at the Treasury Department.
SEC. 2. And be it further enacted, That the goods, wares, and mer- The goods,
chandise, which shall be delivered over to the agents of the United States, over
&c., todelivered
the
under the provisions of this act, shall be placed at the disposition of the agents, placed
President of the United States, subject,under his orders, towards satisfy- at the disposi-
ing or extinguishing the treaty obligations on the part of'the United t ofthePresi-,o
States, to keep up trading-houses with the Indians; also, towards the dent, &c.
payment of annuities due, or to become due, to Indian tribes; also, in
making the customary presents to tribes or individuals in amity with the
United States; and the surplus, if any, may be sold to the best advantage, The surplus,
under the orders of the President, and the proceeds paid over to the sold. if any, to be
States.
treasury of the United
SEc. 3. And be it further enacted, That the furs, peltries, effects and Furs, &c., to
property, received under the first section of this act, shall be sold in the be sold and mo-
ney paid into
manner the President may direct; the debts due and owing shall be col- the treasury as
lected under his orders; and all the moriey received from these sources, fast as received.'
and all that shall be received from the superintendent of Indian trade,
and from the factors and sub-factors, shall be paid over, as fast as re-
ceived, into the treasury of the United States: Provided,That such sums proviso.
may be retained and applied, under the orders of the President of the
United States, as may be necessary to defray the expenses of carrying
this act into effect.

SEVENTEENTH CONGRESS. Siss. L 1C4. 55. I2g.
The Presi- SEC.- 4. And be it further enacted, That, as soon as may be after the
dent to oom-
municate at the commencement of the next session of Congress, the President of the
next session of United States shall communicate to Congress the manner in which he
Congress, the shall have caused this act to be executed, showing the amount of moneys,
manner in
which this act furs, peltries, and other effects, and the amount and description of goods,
has been exe- wares, and merchandise, and the actual cash value thereof, received from
cuted, &c. the superintendent of Indian trade, and each of the factors and sub-fac-
tors, under the provisions of this act.
S'TATUT' I.
May 6, 1822. CHAP. LV.-.d7n Sfet providingfor the disposal of the public lands in the state of
iMississippi, andfor the better organizationof the land districts in the states Sf
.Xiabasma and Mississippi.
The tract of
countrk ceded Be it enacted by the Senate and House of Representatives of the United
by the Choc- States of America, in Congress assembled, That all that tract of country
taws, on the which was ceded to the United States by a treaty with the Choctaw In-
18th October,
1820, formed dians, held on the eighteenth day of October, in the year of our Lord one
into a land dis- thousand eight hundred and twenty, near Doake's Stand, in the state of
trict. Mississippi, he, and the same is hereby, formed into a land district; and
Land office, for the disposal of the public lands in said district, a land office shall be
established within the same, at such convenient place as the President of
the United States may direct and appoint; and for said office a register
A register and and a receiver shall be appointed by the President, by and with the ad-
receiver to be
appointed, who vice and consent of the Senate, who shall severally give bond with security,
are to give before entering on the duties of their respective offices, in like manner
bond with secu- and for like sums, shall receive similar compensation, fees, and emolu-
rity, to receive me
similar com- nts, and shall perform similar duties, and possess similar powers,
pensation, and with all other registers and receivers of public moneys of the United
perform like du- States, appointed by law for the disposal of the public land; and shall,
ties, as other in
registers and re- all respects, be governed by the laws of the United States pro-
ceivers, &c. viding for the disposal of the public land: Provided, however, That the
Proviso. first sale of the lands within the district aforesaid may be held at such
convenient place within the district west of Pearl river, as the President
Proviso. of the United States may appoint.(a) And provided also, That the Pre-
District of
Pearl river. sident may, if it should be necessary,in consequence of the establishment
of a new basis meridian, attach a portion of the land otherwise belong-
ing to the district established by this act to the district west of Pearl
river.
The President SEC. 2. And be it further-enacted,That the President of the United
may cause so
much of the States be, and he is hereby, authorized, when he shall think proper, to
land, &c., sur- cause so much of the land within the district created by this act, or which
sold a. to
soyed be
other may be attached to the district of Pearl river, and which may be sr-
public lands. veyed, to be exposed to sale, on the same terms and conditions, and in the
Except sec- same manner as all other public lands of the United States, with the ex-
tion No. 16, for ception of section numbered sixteen, in each township, which shall be
the use of
schools in each reserved for the use of schools within the same; and of such other reserva-
township, &c. tions as now may, or hereafter may, exist, by .virtue of any act of cession,
Patents to is- treaty or law of the United States: and for the lands so sold, patents
sue as in other
cases, shall issue on the terms and conditions, and in the manner, provided by
law in relation to all other public lands of the United States.
The lands ly- SEe. 3. And be it further enacted, That all the lands lying on the east
ing east of the
Tombigbee, in side of the Tombigbee river, in the state of Mississippi, and to which the
Mississippi, to Indian title has been extinguished, be, after the thirtieth day of October
which the Indi- attached to
an title has been next, the district established by the first section of this act;
extinguished, and the public lands therein shall be sold, on the same terms and condi.
(a) An act to establish the district of Pearl river, March 2, 1821, ch. 16.

SEVENTEENTH CONGRESS. Srss. 1. Ci. 56. 1822.
tions, and in the same manner, and patents shall issue for the lands so attached after
October 30,
sold, agreeably to the provisions of the laws for the disposal of the public 1822, to the dis-
lands of the United States in the state of Mississippi, with the exception trict established
of the section numbered sixteen, in each township, which shall be by this act, and
to be sold, ex-
reserved for the use of schools within the same, and of such other reser- cept section No.
vations as now are made, or hereafter may be made, by law. And it 16, &c.
shall be the duty of the register of the district of Madison county, under The register
of the district
the direction of the commissioner of the general land office, to transfer of Madison
such books, maps, and records, or transcripts thereof, to the register county to trans-
appointed for the district established by the first section of this act, as fer books, &c.
may be necessary to carry into complete effect the provisions of this section
of this act. Part of the
district east of
SEc. 4. And be it further enacted, That, from and after the thirtieth, Pearl river, at-
day of October next, such part of the district east of Pearl river, as lies tached to the
within the state of Mississippi, be attached to, and constituted a part of, district of Jack-
son county.
the district of Jackson county; and the President of the United States The President
shall cause the land office to be removed to such place, within the district to cause the
of Jackson county, as established by this act, as he may deem convenient; land office to
be removed,
and that part of the district of Jackson county which-lies within the state &c.
of Alabama shall be attached to, and constitute a part of, the district east Part of the
of Pearl river, in Alabama; and it shall be the duty of the register of district of Jack-
the district east of Pearl river, and of the register of the district of son eouity at-
tached to the
Jackson county, each, to transfer to the other, such books, records, distritt east of
surveys, or the transcripts thereof, as shall be necessary to carry into Pearl river.
complete effect the provisions of this section of this act.
STATUTE 1.
CHAP. LVI.-Sn Set in .addition to the act concerning naigation, and also May 6, 1822.
to authorize the appointment of deputy collectors.
The President
Be it enacted by the Senate and House of Representativesof the United being satisfied
States of America, in Congress assembled, That, on satisfactory evidence that the ports
being given to the President of the United States that the-ports in the of the British
West India Is-
islands or colonies in the West Indies, under the dominion of Great Britain, lands or colo-
have been opened to the vessels of the United States, the President nies have been
shall be, and hereby is, authorized to issue his proclamation, declaring opened, &c., he
may declare the
that the ports of the United States shall thereafter be open to the vessels ports of the
of Great Britain employed in the trade and intercourse between the United .States
United States and such islands or colonies, subject to such reciprocal open, &c.
Act of April
rules and restrictions as the President of the United States may, by such 18, 1818, ch.70.
proclarmation, make and publish, any thing in the laws, entitled " An act Act of May
concerning navigation," or an act, entitled "An act supplementary to an 15, 1820, oh.
122.
act concerning navigation," to the contrary notwithstanding.
SEC. 2. And be it further enacted, That, in the event of the signature In the event
of a signature of
of any treaty or convention concerning the navigation or commerce a treaty, &c.,
between the United States and France, the President of the United concerning the
States be, and is hereby, authorized, should lie deem the same expe- navigation or
commerce be-
dient, by proclamation, to suspend, until the end of the next session of tween the Uni-
Congress, the operation of the act, entitled " An act to impose a new ted States and
tonnage duty on French ships and vessels," and for other purposes; and France, the
President may,
also to suspend, as aforesaid, all other duties on French vessels, or the &c.
goods imported in the same, which may exceed the duties on American Act of May
vessels, and on similar goods imported in the same. 15, 1820, ch.
126.
SEC. 3. And be it further enacted, That the aforesaid first and second 1st and 2d
sections of this act shall continue in force to the end of the next session sections of this
of Congress, and no longer. act in force, un-
til, &c.
SEC. 4. And be it further enacted, That the third, fourth, and seventh
The 3d, 4th,
sections of the act passed the third day of March, one thousand eight
VOL. I11.-86

SEVENTEENTH CONGRESS. SEss. I. CR. 57, 58. 1822.
and 7th sec- hundred and seventeen, entitled "An act to continue in force an act
tions of the act
of March 3,
further to provide for the collection of duties on imports and tonnage,
1817, ch. 109, passed the third day of March, one thousand eight hundred and fifteen,
continuing in and for other purposes," be, and the same are hereby, revived and made
force an act,
&c. revived and perpetual.
made perpetual. APPROVED, May 6, 1822.
STATUTE I.
May 6, 1822. CHAP. LVII. - n ct for the reltef of certain insolvent debtors.
Act of March Be it enacted by the Senate and House of Representativesof the United
3, 1803, ch. 31. States of America, in Congress assembled, That so much of the seven-
The provisions
in the act for teenth section of the act, entitled "An act for the relief of insolvent
the relief of in- debtors within the District of Columbia," approved on the third day of
solvent debtors March, one thousand eight hundred and three, as declares that the pro-
within the Dis-
trict of Colum- visions of the said act shall not be construed to extend to any debtor
bia, which re- who has not resided in the District of Columbia one year next preceding
quires a year's his application for relief under the said act, shall be, and the same is
residence, re-
pealed. hereby, repealed: Provided, That no discharge under this act, or the act
Proviso. to which it is amendatory, shall operate against any creditor residing
without the limits of the District of Columbia, except -the creditor at
This act In whose instance the debtor may be confined. This act shall commence
'force from its
passing. and be in force from and after the passing thereof.
STATUTE [.
May 6, 1822. CHAP. LVII1.-n Act to amend an act, entitled "An act to regulate trade and
intercourse with the Indian tribes, and to preserve peace on the frontiers,"
The seventh approved thirtieth March, one thousand eight hundred and two.
section of the Be it enacted by the Senate and House of Representativesof the United
act of March States of America, in Congress assembled, That the seventh section of
repealed, . the act, entitled "An act to regulate trade and intercourse with the Indian
Superinten- tribes and to preserve peace on the frontiers," shall be, and the same is
dents and agents hereby, repealed'; and from and after the passing of this act, it shall be
may grant Jicen-
ses. lawful for the superintendents of Indian affairs in the territories and In-
Licenses to dian agents, under the direction of the President of the United States,
be granted only to grant licenses to trade with Indian tribes ; which licenses shall be
to citizens who
are to give bond granted to citizens of the United States, and to none others, taking from
with securities, them bonds with securities in the penal sum not exceeding five thousand
&c. dollars, proportioned to the capital employed, and conditioned for the
Licenses for 7
years for trade due observance of the laws regulating trade and intercourse with the In-
with remote than tribes; and said licenses may be granted for a term not exceeding seven
tribes, and 2 years for the trade with the remote tribes of Indians beyond the Missis-
years witlo
others. sippi, and two years for the trade with all the other tribes. And the su-
Superinten- perintendents and agents shall return to the Secretary of War, within each
dents and agents year, an abstract of all licenses granted, showing by and to whom, when,
to return ab-
stract of ,licen- and where, granted, with the amount of the bonds and capital employed,
ses to be laid be- to be laid before Congress, at the next session thereof.
fore Congress. SEC. 2. And be it further enacted, That it shall and may be lawful
The President
may direct In- for the President of the United States, in execution of the power vested
dian agents,&c. in him by the twenty-first section of the act of the thirtieth of March,
tostores
causeandthepack- one thousand eight hundred and two, aforesaid, to which this is an amend-
agesofgoodsof ment, to direct Indian agents, governors of territories acting as super-
traders to be intendants of Indian affairs, and military officers, to cause the stores and
searched for packages of goods of all traders to be searched, upon suspicion or in-
ardent spirits, formation that ardent spirits are carried into the Indian countries by said
traders in violation of the said twenty-first section of the act to whiclr

SEVENTEENTH CONGRESS. Sms. I. Cu. f61.- 182.
this is an amendment; and if any ardent spirits shall be so found, all the If ardent spi-
goods of the said traders shall be forfeited, one half to the use of the in- rits are found,
the goods are
former, the other half to the use of the government, his license cancelled, forfeited.
and bond put in suit.
Sac. 3. And be it further enacted, That all purchases for and on ac-
All purchases
count of Indians, for annuities, presents, and otherwise, shall be made by of annuities, &e.
the Indian agents and governors of territories acting as superintendents, for Indians, to
within their respective districts; and all persons whatsoever, charged or be made by
agents and go-
trusted with the disbursement or application of money, goods, or effects, vernors of terri-
of any kind, for the benefit of Indians, shall settle their accounts annual- tories acting,
ly, at the War Department, on the first day of September; and copies of &c.
Accounts an-
the same shall be laid before Congress at the commencement of the ensu- nually settled at
ing session, by the proper accounting officers, together with a list of the the War Depart-
names of all persons to whom money, goods, or effects, had been deli- ment, &c.
vered within the said year, for the benefit of the Indians, specifying the
amount and object for which it was intended, and showing who are
delinquent, if any, in forwarding their accounts according to the pro-
visions of this act.
SEc. 4. And be it further enacted, That, in all trials about the right of Trials about
property, in which Indians shall be party on one side and white persons the right of pro-
on the other, the burthen of proof shall rest upon the white person, in perty, where In-
dians are
every case in which the Indian shall make out a presumption of title in parties, &c.
himself from the fact of previous possession and ownership.
Sac. 5. And be it further enacted, That it shall and may be lawful Additional
for the President of the United States, from time to time, to require ad- security, &c.
ditional security, and in larger amounts, from all persons charged or trust- from persons
intrusted with
ed, under the laws of the United States, with the disbursement or appli- the disburse-
cation of money, goods, or effects, of any kind, for the benefit of the ment of money,
Indians. &c.
SEc. 6. And be it further enacted, That the President of the United A superinten-
States, by and with the advice and consent of the Senate, may appoint a dent of Indian
superintendent of Indian affairs, to reside at St. Louis, whose powers affairs, to reside
at St. Louis, &c.
shall extend to all Indians frequenting that place, whose salary shall be And an agent
fifteen hundred dollars per annum; and one agent for tribes within the in East and
limits of East and West Florida, with a salary of fifteen hundred dollars. West Florida.
STATUTE I.
CHAP. LXt.-An Act to continue in force "An act declaring the consent of Con- May 7, 1822.
gress to acts of the state of South Carolina,authorizingthe city council of Charles-
ton to impose and collect a dpty on the tonnage of vessels from foreign ports;
and to acts of the state of Georgia, authorizingthe imposition andcollection of a
duty on the tonnage of vessels in the ports of Savannah "andSt. Mary's."
The act of
Be it enacted by the Senate andHouse of Representatives of the United April 29, 1816,
States of America, in Congress assembled, That the act, entitled "An ch. 163, de-
act declaring the consent of Congress to acts of the state of South Caro- claring the
lina, authorizing the city council of Charleston to impose and collect a assent of Con-
gress to acts of
duty on the tonnage of vessels from foreign ports; and to acts of the South Carolina
state of Georgia, authorizing the imposition and collection of a duty on the and Georgia,
tonnage of vessels in the ports of Savannah and St. Mary's," passed the -continued for
three years, &c.
twenty-ninth of April, one thousand eight hundred and sixteen, shall be-
and the same is hereby, continued in force for three years, and to the
end of the next session of Congress thereafter: Provided,always, and it Proviso.
is hereby further enacted, That it shall be the duty of the city council of
Charleston, and of the collectors of the ports of Savannah and St.
Mary's, to transmit to the Secretary of the Treasury an annual accountof
the sums collected, and of the application of the same, for the purposes
aforesaid.

SEVENTEENTH CONGRESS. SEss. L Ce.'62. 1822.
STATUTE I
May 7, 1822. CHAP. LXII.-.sn dct to providefor the collection of duties on imports and
tonnage in Florida, andfor other purposes.
Part of Flori- Be it enacted by the Senate and House of Representatives of the United
da
the annexed to
collection States of America, in Congress assembled, That all the ports, harbours,
district of Saint waters, and shores of all that part of the main land of Florida lying be-
Mary's, in tween the collection district of St. Mary's, in Georgia, and the river Nas-
Georgia. sau, with all the ports,.harbours, waters, and shores, of all the islands op-
posite and nearest thereto, be, and hereby are, annexed to, and made and
constituted a part of, the collection district of St. Mary's, in Georgia.
District of St. SEC. 2. And be it further enacted, That all the ports, harbours, shores,
Augustine. and waters, of the main land of Florida, and of the islands opposite and
nearest thereto, extending from the said river Nassau to Cape Sable, be,
and the same are hereby, established, a collection district, by the name of
the district of St. Augustine, whereof St. Augustine shall be the only
port of entry.
District of SEC. 3. And be it further enacted, That all the ports, harbours,
Key West. shores, and waters, of themain land of Florida, and of the islands oppo-
site and nearest thereto, extending from Cape Sable to Charlotte Bay,
be, and the same are, established a collection district, by the name of the
district of Key West, and a port of entry may be established in said dis-
trict, at such place as the President of the United States may designate:
Proviso; Key Provided,That until the President of the United States shall deem it ex-
West annexed pedient to establish a port of entiy in the district of Key West, and a col-
to the district of lector shall be appointed for said district, the same district is annexed to,
Apalachicola,
&c. and shall be a part of, the district of Apalachicola.
District of SEC. 4. And be it further enacted, That all the ports, harbours, shores,
Apalachicola. and waters, of the main land of said Florida, and of the islands opposite
and nearest thereto, extending from Charlotte ]Day to Cape St. Bias, be,
and hereby are, established a collection district, by the name of the dis-
trict of Apalachicola; and a port of entry shall be established for said
district, at such place as the President of the United States may desig-
nate.
District of SEC. 5. And be it further enacted, That all the residue of the ports,
Pensacola. harbours, waters, and shores, of said Florida, and of the islands thereof,
be, and the same are, established a collection district, by the name of
the district of Pensacola, whereof Pensacola shall be the only port of
entry.
The President SEC. 6. And be it further enacted, That the President of the United
authorized to States be, and he is hereby, authorized to establish such ports of delivery
establish ports in each of said districts, and also in that portion of said territory annexed
of delivery, &c. to the district of St. Mary's, as he may deem expedient.
The President SEC. 7. And be it further enacted, That the President of the United
to appoint a col-
lector for each States, with the advice and consent of the Senate, shall appoint a collector
district, for each district, to reside at the port of entry, and a surveyor for the
The President district of Pensacola, and a surveyor for, and to reside at, each port of
may make ap- delivery authorized by this act: But the President, in the recess of the
pointments in
the recess, &c. Senate, may make temporary appointments of any such collector or
surveyor, whose commission shall expire in forty days from the com-
mencement of the next session of Congress thereafter,
Collectors and SaC. 8. And be it further enacted, That each collector and surveyor
surveyors to authorized by this act, shall give bond'for the true and faithful discharge
give bond, &c. of his duties, in such sum as the President of the United States may
Collector of direct and prescribe; and the collector for the district of Pensacola shall,
Pensacola to re-
ceive only three in addition to the fees and emoluments allowed by law, receive three per
per cent. corn- cent. commissions, and no more, on all moneys received and paid by him
inissions in addi-
tion to fees and on account of the duties on goods, Wares, and merchandise, and on
emoluments, the tonnage of vessels; and each other collector shall, in addition to the
fees and emoluments allowed by law, receive an annual salary ok five

SEVENTEENTH CONGRESS. SEss. I..Cu. 86. 1822.
hundred dollars;, and three per cent. commissions, and no more, on all Each other
collector 500
moneys received and paid by him on account of the duties on goods, dollars per an-
wares, and merchandise, imported into his district, and on the tonnage num and three
of vessels; and each surveyor authorized by this act shall, in addition to per cent. com-
missions, &c.
the fees and emoluments allowed by law, receive an annual salary of three Each surveyor
hundred dollars; and each such collector and surveyor shall exercise the 300 dollars per
same powers, be subject to the same duties, and be entitled to the same annum.
Powers of the
privileges and immunities, as other collectors and surveyors of the customs collectors and
of the United States. surveyors.
SEC. 9. And be it further enacted, That ships or vessels arriving from Ships, &c.,
arriving from
and afterthe thirtieth day of June next, from the Cape of Good Hope, the Cape of
or from any place beyond the same, shall be admitted to make entry at Good Hope,
the port of bntry at Pensacola, and at no other port or place in Florida. &c. to enter at
SEC. 10. And be it further enacted, That all laws which impose any Pensacola only.
All laws im-
duties on the importation of any goods, wares, and merchandise, into said posing duties,
territory of Florida, or on the exportation of any goods, wares, and mer- &e.,or allow-
chandise, from said territory, or on the tonnage of vessels, or which allow ing drawback,
other than such
any drawback on the exportation of any goods, wares, or merchandise, as are paid or
other than such duties or drawbacks as are paid or allowed in other terri- allowed in other
tories or places in the United States, are hereby repealed: Provided, territories, &c.
repealed.
That nothing in this act contained shall authorize the allowing of draw- Proviso.
backs on the exportation of any goods, wares, and merchandise, from any
port or place of said territory, other than on those which shall have been
imported directly into the same from a foreign port or place; and no draw- No drawback
back shall be allowed on any goods, wares, or merchandise, exported on goods, &c.,
imported prior
from any port of Florida, which shall have been imported before the tenth to July 10, 1821.
day of July, one thousand eight hundred and twenty-one.
SEC. 11. And be it further enacted, That the first section of an act The tst sec-
passed on the second day of March, one thousand eight hundred and tion of an act of
March 2, 18.19,
nineteen, entitled "An act supplementary to the acts concerning the ch.48, altered so
coasting trade," be so far altered and amended that the sea coasts and far as to divide
navigable rivers of the United States be, and the same are hereby, divided the sea coast,
&c., into three
into three great districts, the first and second to be and remain as therein great districts.
described, and the third to include all the ports, harbours, sea coasts,
and navigable rivers, between the southern limits of Georgia and the river
Perdido; and the said third great district, so established, shall be subject
to all the regulations and provisions of said act.
STATUTE I.
CHAP. LXXXVI. n Act to relieve the people of Florid4 from the operationof May 7, 1822.
certain ordinances.
An ordinance
Be it enacted by the Senate and House of Representatives of the United offuly 18, 1821,
States of America, in Congress assembled, That an ordinance numbered providing for
three, made and passed on the eighteenth of July, eighteen hundred and the naturaliza-
tion of the in-
twenty-one, by Major General Andrew Jackson, governor of the pro- habitants of the
vinces of the Floridas, entitled "An ordinance providing for the natu- ceded territory,
ralization of the inhabitants of the ceded territory ;" and an ordinance and an ordi-
nance of Oct.
passed by the city council of St. Augustine, on the seventeenth of Octo- 17, 1821, im-
ber, eighteen hundred and twenty-one, imposing and laying certain taxes posing certain
on the inhabitants, and all other laws, ordinances, or resolves, so far as taxes, &c. re-
pealed, &c.
they enforce or confirm the same, be, and the same are hereby, repealed
and declared null and void.
Any person
SEC. 2. And be it further enacted, That if any person shall attempt attempting to
to enforce any of said laws, ordinances, or resolves, by demanding and enforce any of
receiving any tax, imposition, or assessment, authorized or prescribed the ordinances
repealed, &c. to
thereby, such person shall, on conviction thereof, be punished by fire,
3M

SEVENTEENTH CONGRESS. SEss. I. CH. 87, 88, 89. 1822.
be punished by not exceeding two hundred dollars, or by imprisonment, not exceeding
fine and impri-
sonment. six months, either or both of said punishments.
The Presi- SEc. 3. And be it further 'nacted, That the President of the United
dent to cause States shall, in such manner and under such regulations as he may direct
moneys paid
under the re- and prescribe, cause to be refunded to any person any sum of money
pealed ordinan- which he may have paid under or by virtue of either of said laws, ordi-
ces, &c. to be nances, or resolves.
refunded.
This act in SEC. 4. And be it further enacted, That this act shall be in force
force from from and after the first day of June next.
June 1, 1822. APPROVED, May 7, 1822.
STATUTE I.
May 7, 1822. CHAP. LXXXVII.-Sn Set authorizing the location of certain school lands in the
state of Indiana.
[Obsolete.]
The register Be it enacted by the Senate andHouse of Representatives of the United
at Brookville
authorized to States of America, in Congress assembled, That the register of the land
select sctlool office at Brookville be, and he is hereby, authorized to select school lands
lands, &c. within the said district, equivalent to the one thirty-sixth part of the
The register reservation commonly called Clark's Grant, for the use of schools within
at Terre Haute the same; and the register of the land office at Terre Haute is hereby in
authorized to like manner authorized to select within his district school lands, which,
select school
lands. together with the eleven sections already selected, shall be equivalent to
the one thirty-sixth part of the Vincennes donation tract, for the use of
The registers,
in their selec- schools within said tract. It shall be the duty of the registers aforesaid,
tions, to be con- in making such selections, to be confined to section numbered twenty,
fined to section in each township, and the sdlection so made shall be reserved from sale.
No. 20.
STATUTE I.
May 7, 1822. CHAP. LXXXVIII.-An Sct to repeal the fourteenth section of "n act to
reduce and fix the military peace establishment," passed the second day of
March, one thousand eight hundred and twenty-one.
The 14th sec- Be it enacted by the Senate and House of Representatives of the United
tion of the act States of America, in Congress assembled, That the fourteenth section
of March 2,
1821, ch. 13, of the act, entitled "An act to reduce and fix the military peace estab-
repealed. lishment," passed the second day of March, one thousand eight hundred
and twenty-one, be, and the same is hereby, repealed.
APrROVED, May 7, 1822.
STATUTE I.
May 7, 1822. CHAP. LXXXIX.-Sn act making further apprpriationsfor the military
[Obsolete.)
service of the United States for the year eighteen hundred and twenty-two,
priated- States of America, in Congress assembled, That the following sums be,
Fortifica- and the same are hereby, appropriated, to wit:
tions. For fortifications, to each specifically, as follows, viz:
Fort Dela-
ware. For Fort Delaware, twenty thousand dollars.
Fort Wash- For Fort Washington, twenty-five thousand dollars.
ington. For Fort Monroe, seventy-five thousand dollars.
Fort Monroe.
Fort Calhoun. For Fort Calhoun, fifty thousand dollars.
For collecting materials for a fortification at Mobile Point, in the state
Mobile Point.
Rigolets and of Alabama, fifty thousand dollars.
Chef Menteur. For the Rigolets and Chef Menteur, one hundred thousand dollars.

SEVENTEENTH CONGRESS. Sass. I. Cm 89. 1822.
For collecting materials for a fort on the right bank of the Missis- Collecting
sippi, opposite Fort St. Philip, thirty thousand dollars. materials, &c.
For contingencies and repairs of fortifications, twenty thousand Repairs of
fortifications,
dollars. &c.
For the national armories, three hundred and sixty thousand dollars. National ar-
For current expenses of the ordnance service, viz: mories.
For the preservation of the arms and other public property in store, Current ex-
penses of ord-
including the hire of workmen, and the purchase of paint, oil and other nance service,
materials necessary for the purpose, eight thousand eight hundred and army, &c.
thirty-eight dollars.
To meet ordinary requisitions for army supplies, viz: Army supplies.
For paint and oil for the preservation of the guns and carriages in the
fortifications, and for artificers' and intrenching tools, six thousand three
hundred and forty dollars.
For the miscellaneous expenses at arsenals, forage for public Miscellaneous
horses, stationery, &c. two thousand eight hundred and sixty-two expenses at ar-
senals.
dollars.
For the reparation of defective arms, including the wages of armorers, Reparation of
the purchase of iron, steel, coals, tools, &c., eleven thousand nine hun- defective arms.
dred and sixty dollars.
For repairs of arsenals, one thousand dollars. Repairs of
For the preservation of ammunition, five thousand dollars. arsenals.
For the payment of outstanding claims, which accrued in one thou- Preservation
of ammunition
sand eight hundred and nineteen and one thousand eight hundred and Payment of
twenty, at Pittsburg, and not presented until eighteen hundred and twenty- outstanding
one, and unpaid for want of an appropriation applicable to the object, claims, &c.
one thousand seven hundred dollars.
For arrearages in the War Department prior to the first of July, one Arrearages in
thousand eight hundred and seventeen, ninety thousand dollars. War Depart-
For pay allowed by law to Indian agents, twenty-two thousand three ment
Pay to Indian
hundred dollars. agents, &c.
For sub-agents, eleven thousand three hundred and thirty-eight
dollars.
For presents to Indians, allowed by the law of eighteen hundred and Presents to
two, fifteen thousand dollars. Indians.
For contingent expenses of the Indian department, seventy-five thou- Contingent
sand dollars. expenses.
For making good a deficit of the appropriation of the last year, in the Deficit in the
same, seventy thousand dollars. appropriation of
1821.
For payment of a deficit in the appropriation for the quartermaster Quartermaster
general's department, for eighteen hundred and twenty-one, seventy thou- general's de-
sand dollars. partment.
For completing the barracks at Baton Rouge, twelve thonsand dol- Barracks at
lars. Baton touge.
For constructing new roofs for the barracks at Carlisle, three thousand Barracks at
five hundred dollars. Carlisle.
For the payment of the expenses el the militia court martial in Penn- Expenses of
sylvania, of which lieutenant colonel Thomas Moore and David Fore, militia courts
were successively presidents, eight hundred and forty dollars and eighty- martial in Penn-
four cents.
For the payment of the expenses of the militia court martial Court martial
in Pennsylvania, of which Thomas C. Miller was president, one in Pennsylva-
thousand five hundred and ninety-eight dollars and seventy-eight nia.
cents.
For the payment of the expenses of the militia court martial in Penn- Court martial
sylvania, of which colonel James Wood was president, seven hundred maPensylva"
and ninety-eight dollars and eighty-four cents.
For the payment of the balance of the expenses of the militia court Balances of
martial in the state of New York, of which brigadier general Gerard expenses of

SEVENTEENTH CONGRESS. SFss. I. C. 90, 1822.
militia court Steddiford was president, nineteen thousand two hundred and sixteen
martial in New
York. dollars and twenty-nine cents.
Balance ofap- For the balance of an appropriation made nineteenth of February,
propriation of eighteen hundred and eighteen, to defray the expenses of employing
ch. 1, 1 a brigade of militia, being the amount thereof carried to the surplus
fund, twelve thousand three hundred and seventy-four dollars and fifty-
seven cents.
For survey For replacing the like amount of appropriations made for the survey
ofcertain ports, of certain ports and harbours, which has been carried to the surplus
&c. fund, the sum of one thousand three hundred and thirty-four dollars and
seventy-eight, cents.
For medals For replacing the like amount appropriated to procure meda" for
for officers of officers of the army, carried to the surplus fund, the sum of eight thou-
the army, &c. sand two hundred dollars.
For relief of For replacing the like amount appropriated for the relief of Co-
Col. William lonel William Lawrence and others, carried to the surplus fund,
Lawrence, &c. the sum of one thousand four hundred and forty dollars and twelve
cents.
Foreffect
into carrying
the For carrying into effect the treaty concluded at Chicago, on the
treaty conclud- twenty-ninth day of August, eighteen hundred and twenty-one, the
ed at Chicago, sum of eighteen thousand one hundred and seven dollars and ten
&c. cents.
carrying
Foreffect
into the cryn into effect so much of the fourth article of the treaty
For carrying
treaty with the of the eighth of January, one thousand eight hundred and twenty-one,
Creeks, in re- between the United States and the Creek nation, in relation to the corn-
lation to corn- pensation due to the citizensofGeorgia by the Creek nation, fifty thousand
pensation of
citizens of dollars.
Georgia. For the purpose of holding treaties with the Cherokee and Creek
For holding
treaties with the tribes of Indians, for the extinguishment of the Indian title to all the
Cherokees and lands within the state of Georgia, pursuant to the fourth section of
Creeks. the first article of the agreement and cession, concluded between
the -United States and the state of Georgia, on the twenty-fourth of
April, one thousand eight hundred and two, the sum of thirty thousand
dollars.
Outof money Sac. 2. And be it further enacted, That the several appropriations
in thetreasury' hereinbefore made, shall be paid out of any money in the treasury not
No money to SEc. -3. And be it further enacted, That no money appropriated by
be advanced or this act, or by the act, entitled "An act making appropriations for the
paid on any con-
tract, or to any military service of the United States for the year one thousand eight
officerin arrears hundred and twenty-two," shall be advanced or paid to any person on
until he has ac- any contract, or to any officer who is in arrears to the United States,
counted and
paid, &c. until he shall have accounted for, and paid into the treasury, all sums for
1822, ch. 11. which he may be liable.
•STATUTE I.
May 7, 1822.
CHAP. XC.-n Sct further to amend the several acts relative to the Treamry,
War, and Navy, Departments. (a)
The second Be it enacted by the Senate and House of Representatives of the United
section of act States of America, in Congress assembled, That the second section of the
(a) In general, the official duties of one of the executive departments, whether imposed by acts of
Congress, or by resolutions, are not merely ministerial duties. The head of an executive department
of the government, in the administration of the various and important concerns of his office, is con-
tinually required to exercise judgment and discretion. He must exercise his judgment in expounding
the laws and resolutions of Congress, under which he is required, from time to time, to act. If he
doubts, he has a right to call on the attorney general to assist him with his counsel; and it would be
difficult to imagine why a legal adviser was provided by law for the heads of departments, as well as

SEVENTEENTH CONGRESS. Snss. I. CH. 91. 1822.
act, entitled "An act making altefations in the Treasury and War Depart- of May 8, 1792,
ch. 37.
ments," passed the eighth day of May, seventeen hundred and ninety- Second sec-
-two; the second section of the act, entitled, "An act to alter and amend tion of act of
the several acts for the establishment and regulation of the Treasury, July 16, 1798,
ch. 85 :
War, and Navy, Departments," passed the sixteenth day of July, seven- And seventh
teen hundred and ninety-eight ; and the seventh section of the act, enti- section of act
tled " An act to provide for the prompt settlement of public accounts," of March 3,
1817, ch. 45,
passed the third day of March, eighteen hundred and seventeen, be, and repealed after
hereby are, repealed, from and after the thirtieth day of June, eighteen June 30, 1822.
hundred and twenty-two.
SEc. 2. And be it further enacted, That on the day and year last afore- All moneys
remaining in
said, all moneys which may remain in the hands of the treasurer of the the hands of
United States, as agent of the War and Navy Departments, shall, under tha treasurer as
the direction of the secretaries of those departments, respectively, be re- agent of the
War and Navy
paid into the treasury, and carried to the credit of the proper department Departments, to
upon the books of the treasury. be repaid into
SEC. 3. And be it further enacted, That all moneys appropriated for the treasury.
All moneys
the use of the War and Navy Departments, shall, from and after the day for the use of
and year last aforesaid, be drawn from the treasury, by warrants of the the War and
Secretary of the Treasury, upon the requisitions of the secretaries of Navy Depart-
ments, to be
those departments, respectively, countersigned by the second comptroller drawn by war-
of the treasury, and registered by the proper auditor. rant of the Se-
SEc. 4. And be it further enacted, That so much of the said act of cretary of the
Treasury, &c.
the third day of March, eighteen hundred and seventeen, as is repug- So much of
nant to the foregoing provisions, be, and is hereby, repealed, from and the act of March
after the tliirtieth day of June, eighteen hundred and twenty-two. 3, 1817, ch. 45,
as is repugnant,
&c., repealed.
STATUTE I.
CHAP. XCI.-An . lct ng the compensation of the commissioner of the public May 7, 1822.
buildings. (a)
Be it enacted by the Senate andHouse of Representatives of the United The salary of
the commission-
States of America, in Congress assembled, That instead of the salary of er of the public
two thousand dollars, heretofore allowed by law to the commissioner of buildings, to be
the public buildings, there shall henceforth be allowed to the said com- hereafter 1600
dollars per an-
missioner a salary of one thousand five hundred dollars a year, to be paid num to be paid
quarterly, out of any moneys in the treasury not otherwise appropriated. quarterly, &c.
SEC. 2. And be it further enacted, That the said commissioner shall The commis-
for the President, unless their duties were regarded as executive, in which judgment and discretion were
to be exercised. Decatur v. Paulding, Secretary of the Navy, 14 Peters, 497.
If a suit should come before the Supreme Court of the United States, which involved the construc-
tion of any of the laws imposing duties on the heads of the executive departments, the court would
not certainly be bound to adopt the construction given by the head of a department; and if they sup-
posed the decision to be wrong, they would, of course, so pronounce their judgment. But the judg-
ment of the court upon the construction of a law, must be given in a case in which they have jurisdic-
tion, and in which it is their duty to interpret the act of Congress, in order to ascertain the rights of the
parties in the cause before them. The court could not entertain an appeal from the decision of one of
the secretaries, nor revise his judgment in any case where the law authorized him to exercise his dis-
cretion or judgment. Nor can it, by mandamus, act directly upon the officer, or guide and control his
judgment or discretion in the matters committed to his care, in the ordinary discharge of his official
duties. The interference of the court with the performance of the ordinary duties of the executive de-
partments of the government, would be productive of nothing but mischief; and this power was never
intended to be given to them. Ibid.
(a) By the act of May 2, 1828, "An act making appropriations for the public buildings, and for other
purposes," passed May 2, 1828, ch. 45, sec. 3, the commissioner of public buildings is required to reside
near the Capitol ; and by the third section of the act making appropriations for public buildings, passed
March 3, 1829, ch. 51, the commissioner is required to report annually to Congress the manner in which
all appropriations for the public buildings and grounds have been expended.
By the act of 1843, ch. 75, an act to fix the compensation of the commissioner of public buildings,
the compensation of the commissioner was fixed at two thousand dollars per annum, and no portion of
the appropriation for public buildings and grounds to be applied to the payment of clerks, unless the
same be expressly provided for in the act.
.oL. I.---87 3 m2

690 SEVENTEENTI' CONGRESS. SEss. . CH. 93. 1822.
sioner to give give bond, with one or more sufficient sureties, in such sum and form
bond with one as the President of the United States shall direct, for the faithful dis-
or more sure-
ties. charge of the duties of his office; Provided, That there shall not be
Proviso. placed in his hand, at any one time, a sum exceeding the penalty of
the bond.
The 3d sec- SEc. 3. And be it further enacted, That the third section of the act,
tion of act of entitled "An act making an appropriation for enclosing ahd improving
April 29, 1816, the public square near the Capitol, and to abolish the office of commis-
ch.150,fixing the
salary of the sioners of the public buildings, and of superintendent, and for the appoint-
commissioner at ment of one commissioner for the public buildings," approved the twen-
2000dollars, re- ty-ninth day of April, A. D. one thousand eight -hundred and sixteen,
pealed. which said section fixed the salary of the said commissioner at two thou-
sand dollars, be, and the same is hereby, repealed.
STATUTE- I.
May 7, 1822. CHAP. XCIII.-.On Act to provide for annuities to the Ottawas, Pattawatimas,
.Kikapoos, Choctaws, Kaskaslias, to llushalattbbee, and to carry into effect the
treaty of Saginaw.
priated for car- States of America, in Congress assembled, That, for carrying into effect
rying into effect
the treaty of a treaty concluded at Chicago, on the twenty-ninth day of August, one
Chicago, of thousand eight hundred and twenty-one, the following sums to be paid
Aug. 29, 1821. out of any moneys in the treasury not otherwise appropriated, be, and
the same are hereby, appropriated, for the payment of the annuity stipu-
is to
To the Otta- lated in said treaty, to be paid to the following Indian tribes: that
was. say : to the Ottawas, a permanent annuity of one thousand dollars, annu-
ally; to the said tribe of Indians, one thousand five hundred dollars annu-
ally, for ten years, in support of a blacksmith, teacher, and a person to in-
struct the Ottawas in agriculture, and for the purchase of cattle and farming
To the Patta- utensils. To the Pattawatimas, five thousand dollars annually, for twenty
watimas. years, and a further sum of one thousand dollars to the said tribe of In-
To the Kicka- dians, stipulated in said treaty, to be applied by the President, annually,
Poo$. in support of a blacksmith and teacher for them. To the Kickapoo tribe
of Indians, two thousand dollars annually, for fifteen years, stipulated to
be paid to the said tribe by the treaty concluded at EdNvardsville, in the
state of Illinois, on the thirtieth of July, one thousand eight hundred and
nineteen, and to continue so appropriated so long as the said treaties shall
be in force.
To'the Ch0c- For carrying into effect certain stipulations contained in the treaty of
taws. the sixteenth November, one thousapd eight hundred and five, with the
Choctaw nation, and for the annual gratuity to said nation, allowed under
previous treaties, for which no appropriation has heretofore been made,
annually, two thousand four hundred dollars.
Annuity to For the annuity to Mushalatubbee, provided for in the treaty con-
Mushalatubbee, cluded with the Choctaw nation, October eighteenth, one thousand eight
&c. hundred and twenty, and to carry into effect the stipulation of said treaty
relative to light horse, annually, seven hundred and fifty dollars.
Annuity to For annuity secured to the Kaskaskias tribe by the treaty of the thir-
the Kaskaskias. teenth August, one thousand eight hundred and three, for which no ap-,
propriation has heretofore been made, annually,-five hundred dollars.
The treaty of For carrying into effect the stipulatio-t contained in the treaty con-
Saginaw, rela- cluded at Saginaw, twenty-fourth September, one thousand eight hundred
tive to employ-an
ment of a black- and nineteen, relative to the employment of a blacksmith, and persons to
amith, &c. aid in agriculture, &c. &c. and for which no appropriation has hereto-
fore been made, the annual sum of two thousand dollars.

SEVENTEENTH CONGRESS. SEes. 1. Csr. 96. '18W.
STATUTE I.
CHAP. XCVI.-.dn &etto authorize and empower the corporationof the City of May 7, 1822.
Waskington, in the District of Columbia, to drain the low grounds on and
near the public reservations, and to improve an ornament certainparts of such
reservation.(a)
Be it enacted by the Senate andHouse of Representatives of the United The corpora-
tion of Wash-
States of America, in Congress assembled, That it shall be lawful for the ington, under
mayor, aldermen, and common council, of the city of Washingtofn, under direction of the
the direction of the President of the United States, and the said corpora- President, au-
thorized to con-
tion is hereby authorized, when they shall deem it necessary, to contract tract with the
with the Washington Canal Company, and obtain theirconsent, to change Washington Ca-
the present location of such parts of the canal, passing through the said nal Company,
and to change
city, as lies between Second and Seventh streets west, into such other the location,
course as shall most effectually, in their opinion, drain and dry the low &c.
grounds lying on the borders of Tyber creek.
Sac. 2. And be it further enacted, That, to effect the object aforesaid, The corpora-
tion empower-
and to fill up the low grounds on the borders of the said canal, in such ed, after having
manner as they may provide by law, the said corporation is hereby au- extended the
thorized and empowered, after having extended the public reservation, public reserva-
tion, and caused
designated on the plan of the said city as number ten, so as the whole the publio re-
south sige thereof shall bind on the line of Pennsylvania avenue; and servations, &c.
ater having caused to be divided the said public reservation numbered to be divided
into building
ten, except such part thereof as has already been sold, and also the pub- lots, to sell the
lic reservations numbered eleven and twelve, into building lots, to sell right of the
and dispose of the right of the United States of, in, and to, the said lots, United States to
such lots, at
or any number thereof, laid off as aforesaid, at public sale, on such con- public sale, &c.
ditions of improvement, and on such terms, as the said corporation shall
prescribe: and the said corporation is further authorized and empowered, The corpora-
tion further au-
for the purposes specified in this act, to cause to be laid off, in such man- thorized to lay
ner as the President of the United States may approve of, two squares, off four squares,
south of Pennsylvania avenue, between Third, and Sixth streets west, to divide them into
building lots,
front on the line of said avenue from the junction of said Sixth street west, and to dispose
and the said avenue, to the junction of Third street west with said avenue; of the right of
and also to lay off, north of Maryland avenue, two uniform and corre- the United
States to such
spondent squares, and the said four squares, when so laid off, to divide lots, at public
into building lots, and to sell and dispose of the right of the United States, sale, &e.
(a) In 1822 Congress passed an act, authorizing the corporation of Washington to drain the ground in
and near certain public reservations, and to improve and ornament certain parts of the public reserva-
tions. The corporation are empowered to make an agreement, by which parts of the location of the
canal shall be changed, for the purpose of draining and drying the low grounds near the Pennsylvania
avenue, &c. To effect these objects, the corporation is authorized to lay off, in building lots, certain
parts of the public reservations, No. 10, 1i, and 12, and of other squares, and also a part of B street, as
laid out and designated in the original plan of the city, which lots they may sell at auction, and apply
the proceeds to those objects, and afterwards to enclosing, planting, and improving other reservations,
and building bridges, &c., the surplus, if any, to be paid into the treasury of the United States. The
act authorizes the heirs, &c., of the former proprietors of the land, on which the city was laid out, who
may consider themselves injured by the purposes of the act, to institute in the circuit court, a bill in
equity, in the'nature of a petition of right against the United States, setting forth the grounds of any
claim they may consider themselves entitled to make, to be conducted according the rules of a court of
equity; the court to hear and determine upon the claim of the plaintiffs, and whatportion, if any, of the
money arising from the sale of the lots they may be entitled to, with a right of appeal to the SupremeCourt.
The plaintiffs, Van Ness and wife, filed their bill against the United States and the corporation of Wash-
ington, claiming title to the lots which had been thus sold, under David Burns, the original proprietor
of that part of the city, and father of one of the plaintiffs, on the ground, that, by the agreement between
the United States and the original proprietors, upon laying out the city, those reservations and streets
were forever to remain for public use, and without the consent of the proprietors could not be otherwise
appropriated or sold for private use; that the act of Congress was a violation of the contract; that by
such sale and appropriation for private use, the right of the United States thereto was determined, or
that the original proprietors re-acquired a right to have the reservations, &c., laid out in building lots,
for their joint and equal benefit with the United States, or that they were in equity, entitled to the
whole or a moiety of the proceeds of the sales of the lots. Held, that no rights or claims exist in the
former proprietors or their heirs ; and that the proceedings of the corporation of Washington, under and
in conformity with the provisions of the act, are valid and effectual for the purposes of the act. Van
Ness and wife v. The Mayor of Washington, and the United States, 4 Peters, 232.

692 SEVENTEENTH CONGRESS. Sass. I. Cir. 96. 1822.
of, in, and to, such building lots, or any number thereof, at public sale,
No change in on such conditions of improvement, and on such terms, as the said cor-
the direction of
the canal, with- poration shall prescribe; but no change shall be made in .the direction
out the written of said canal, unless the consent, in writing, of the president and di-
consent, &c. rectors of the Washington Canal Company be first had and obtained;
The change and the change that shall be made, in pursuance of any contract that may
to be made out
of moneys paid be entered into under this act, shall be made by the said company out
by
tion,the&c.
corpora- of the moneys to be paid to the said company by the said corporation;
No landing for and the said company shall, during the time the proposed alteration is in
wharfage be- progress, be entitled to receive the same rates of wharfage that are se-
tween Third and cured to them by any former act or acts; but no landing shall be per-
Sixth streets. mitted for the purposes of wharfage between the west side of Third and
the east side of Sixth streets west.
The mayor SEc. 3. And be it further enacted, That, upon the payment of the
empowered to chs
execute a deed purchase money, and upon the compliance with the conditions of im-
in fee, &c. provement by the purchaser or purchasers, or his or their heirs or as-
signs, the mayor of the said city, for the time being, shall be, and he is
The deeds to hereby, empowered to execute a deed or deeds in fee to such purchaser
be recorded, or purchasers, his or their heirs or assigns, tinder his hand and the seal
&c. of the said corporation; which deed or deeds shall be recorded among
the land records of the county of Washington, within the time prescribed
for the recording of conveyances of real estates.
The corpor- SEC. 4. And be it further enacted, That if, after the aforesaid objects
ation may apply shall be effected, a balance shall remain unexpended in the hands of the said
balancesthe
proving to im- corporation, from the proceeds of the sale of the said lots, the said corpora-
public reservation is authorized and empowered to appropriate and apply, from time to
tion between time, as the same may be collected, the whole or any part of such balance,
Capitol square to enclosing, planting, or otherwise improving the public reservation be-
and Sixth street
west, &c. tween the Capitol square and Sixth street west, and building one or
more bridges over that part of the canal lying in or between Second and
No improve- Sixth streets west; but the said corporation is hereby expressly prohibited
ments,
less &c.,
of un- from undertaking any of the improvements contemplated by this section,
fundsout
createdthe unless the said improvements shall be effected out of the funds created
bythis act, &c. by this act, or out of the corporate funds of the said corporation ; and
Corporation the corporation ofthe said city shall have the control and management of
trol, &c.vtn the public reservation between the botanic garden and Sixth street west,
public reserva- with the view to the improvement and preservation of the same, until
tion, &c. Congress shall otherwise direct.
The residue SEC. 5. And be it further enacted,That the residue of the fund, created
of the fund to
be paid into the by the sales of lots, authorized by this act, after effecting the objects con-
treasury of the templated by the foregoing sections, shall, from time to time, as the same
United States. may be collected, be paid by the mayor of Washington into the treasury
of the United States.
Legal repre- SEc. 6. And be it further enacted, That it shall he la*ful for the legal
sentatives ot representative of any former proprietor of the land directed to be dis-
former proprie-anprpitr teldbeis
tors, &c. per- posed of by this act, or persons lawfully claiming title Under them,
mitted within a and they are hereby, permitted and authorized, at any time within one
year,
stitute &c., in year from the passing of this act, to institute a bill in equity in the nature
a billtoin-
equity, &c. of a petition of right against the United States, in the circuit court of
against the the United States for the district of Columbia, in which they may set
United States. forth the grounds of their claim to the land in question.
A copy of the SEC. 7. And be it further enacted, That a copy of said bill shall be
bill to be served served on the attorney general of the United States, and it shall be his
on the attorney
general, &c. duty to prepare and put in the proper pleas and answers, and make all
proper defence thereto, in behalf of the United States.
The suits to SEC. 8. And be it further enacted, That the said suit shall be con-
be conducted ducted according to the rules of a court of equity ; and the said court
according to the shall have full power and authority to hear and determine upon the claim
rules of a court
of equity, &c. of the plaintiff or plaintiffs, and what proportion, if any, of the money

SEVENTEENTH CONGRESS. S~ss. I. Ci. 107. 1822.
arising from the sale of the land hereby directed to be sold, the parties
may beentitled to. The plaintiff
SEC. 9. And be it furtherenacted, That the plaintiff or plaintiffs, or the or the attorney
attorney general of' the United States, shall be entitled to ar appeal to general entitled
the. upreme Court of the United States, whose decision shall be con- to an appeal to
elusive between the parties; and should no appeal be taken, the judg- Court, &c.
ment or decree of the said circuit court shall in like manner be final and
conclusive.
STATUTE 1.
CHAP. CVII.-Sn .fctfUrther to establish the compensation of officers of the eus- May 7, 1822.
toms and to alter certain collection districts, and for other purposes. (a)
Be it enacted by the Senate and House of Representativesof the United Certain col-
lection districts
States of America, in Congress assembled, That the collection district annexed to
of White Mountains shall be, and hereby is, annexed to the district of others.
Portsmouth, in New Hampshire; the district of Memphrymagog, to the Ditrit an-
district of Vermont; the district of Hudson, to the district of New York; nexed abolish-
and each of the districts so annexed is hereby abolished, and made and ed, &c.
constituted a part of the district to which it is annexed.
SEC. 2. And be it further enacted, That the collection district of Certain other
Chester, with the district of Havre de Grace, be, and hereby is, annexed districts annex-
ed to those
to the district of Baltimore; the district of Nottingham, to the district of mentioned.
Annapolis;. the districts of Dumfries and Yeocomico, to the district of
Tappahannock: the districts of Hampton, in Virginia, and South Quay, The districts
to the district of Norfolk and Portsmouth ; and each of the districts so- annexed estab-
(a) The acts relating to the compensation of collectors and other officers of' the customs are:
An act to provide more effectually for the collection of the duties imposed by law on goods, wares,
and merchandise, imported into the United States, and on the tonnage of ships or vessels, August 4,
1790, (obsolete,) ch. 35, sec. 52, vol. i. 171.
An act making further provision relative to revenue cutters, (obsolete,) May CL,1796, ch. 22, sec. 2.
An act in addition to an act, entitled "An act supplementary to the act entitled an ' Act to provide
more effectually for the collection of the duties on goods, wares, and merchandise imported into the
United States, and on the tonnage of ships or vessels,'" (obsolete,) May 27, 1796, ch. 35.
An act establishing an annual salary for the surveyor of the port of Gloucester, (obsolete,) July 14,
1798, ch. 73.
An act to increase the compensation now allowed by law to inspectors, measurers, weighers, and
gaugers, employed in the collection of the customs, (obsolete,) April 26, 1816, ch. 95.
An act respecting the compensation of the collectors therein named, (obsolete,) March 3, 1817,
ch. 49.
An act further to establish the compensation of officers of the customs and to alter certain collection
districts, and for other purposes, (obsolete,) May 7, 1822, ch. 107.
An act to establish the compensation of the officers employed in the collection of the duties on
imports and tonnage, and for other purposes, March, 1799, ch. 23.
An act supplementary to an act, entitled an "Act to establish the compensationofoficers employed
in the collection of the duties on imports and tonnage," May 10, 1800, oh. 54.
An act to amend an act to establish the compensation of the officers employed in the collection of
the duties, imports, and tonnage, and for other purposes, April 30, 1802, ch. 37.
An act relative to the compensation of certain officers of the customs, and to provide for the appoint-
ing a surveyor in the district therein mentioned, March 27, 1804, oh. 58.
An act to annex a part of the state of New Jersey to the collection district of New York, and to
remove the office of collector of Niagara to Lewistown, &c., March 2, 1811, ch. 33, sec. 9.
An act to allow a salary to the collectors of the districts of Nantucket and Pensacola, and to abolish
the office of surveyor of the district of Pensacola, May 26, 1824, oh. 158.
An act to regulate the foreign and coasting trade on the northern, north-eastern and north-western
frontiers of the United States, and for other purposes, March 2, 1831, oh. 98.
An act making appropriation for the civil and diplomatic expenses of government, for the year one
thousand eight hundred and thirty-five, June 27, 1834, ch. 92, sec. 2.
An act making appropriations for the civil and diplomatic expenses of government, for the year one
thousand eight hundred and thirty-five, March 3, 1835, ch. 30, sec. 3.
An act to amend an act entitled "An act to annex part of the state of New Jersey to the collection
district of New York, and to remove the office of collector of Niagara to Lewistown,&c."Jone 30, 1834,
ch. 128.
An act making appropriations for the civil and diplomatic expenses of government for the year one
thousand eight hundred and thirty-seven, March 3, 1837, ch. 33, sec. 2.
An act to provide for the support of the military academy of the United States, for the year eighteen
hundred and thirty-eight, and for other purposes, July 7, 1838, ch. 169, sec. 3.

SEVENTEENTH CONGRESS. SEss. I. Ca. 107. 1822.
lished as ports annexed is hereby abolished, and made and constituted a part of the
of delivery, &c. district to which it is annexed, and established a port of delivery, with the
privileges appertaining to such ports.
The offices of Ste. 3. And be it further enacted, That the offices of surveyor in
surveyor, in the Augusta, Thomastown, Waldoboro', St. George, Bristol, Nobleboro' and
places speci-
tied, abolished. Bangor, in Maine; Easton, Great Mills, St. Inigoes, in Maryland; Win-
ton, Tombstone, Skewarky, Nixonton, Indiantown, New Biggin Creek,
and Pasquotank, in North Carolina; Pittsburg, Marietta, Cincinnati,
Massac, Charleston, in Virginia, and Limestone; be, and the same are
hereby, abolished.
Certain ports SEc. 4. And be it further enacted, That the ports of delivery of
of delivery dis- Augusta, in Maine, Winton, Tombstone, Skewarky, Nixonton, Indian
continued. town, New Biggin Creek, and Pasquotank, in North Carolina, be, and the
same are hereby, discontinued as ports of delivery.
The President S e. 5. And be it further enacted, That the President of the United
&c. to appoint States, be, and he is hereby authorized, with the advice and consent of
a surveyor to the Senate, to appoint a surveyor to each of the ports of delivery estab-
each port of de-
livery establish- lished by this act; and also a surveyor for the port of Eastport, in the dis-
ed by this act, trict of Passamaquoddy; and each surveyor so appointed, shall have the
&c. same powers, and be subject to the same duties, as other surveyors of the
Each survey-
or to have the customs.
same powers, SEc. 6. And be it further enacted, That the salaries heretofore allowed
&c. as others. by law to the several collectors of the customs for the districts of White
The salaries
of the collectors Mountains, Memphrymagog, Barnstable, Nantucket, Marblehead, and
mentioned, to New Bedford, shall cease and be discontinued.
cease.
Commissions SEC. 7. And be it further enacted, That in lieu of the commissions
to the col- allowed by law to the several officers hereafter mentioned, there shall be
lectors men- allowed the following, to wit; To each of the collectors for the districts
tioned, in lieu, of Saco, Cape Vincent, Georgetown, in the District of Columbia, New-
bern, and St. Mary's, in Georgia, three per cent.; to each collector for the
districts of Kennebunk, Newport, and New London, two and a half per
cent. ; to each collector for the districts of Bath, Bristol, New Haven,and
Alexandria, two per cent.; to the collector for the district of Portsmouth,
one and three fourths per cent.; to each collector for the districts of Nor-
folk and Portsmouth, Petersburg, and Richmond, one and three-fourths
per cent.; and to the collector for the district of Mississippi, one per
cent.; to the collector for the district of Boston, one-fifth of one per cent.;
and to the collector for the district of New-York, one-sixth of one per
cent., on all moneys by them respectively received on account of the du-
ties arising from goods, wares and merchandise, imported into the United
States, and on the tonnage of vessels.
Salaries, in SEc. S. And be itfurther enacted,That, in addition to the emoluments,
addition to emo- of the several officers hereinafter mentioned, and in lieu of the salaries
luments, and in
lieu of former now established by law, there shall be allowed and paid the following
salaries to the salaries, to wit: To the collector of the district of Wilmington,in Delaware,
officers men- five hundred dollars; to the collector of the district of Sagg Harbour, foar
tioned. hundred dollars; to each of the collectors for the districts of Saco, Edgar-
town, Fairfield, Cape Vincent, Sackett's Harbour, Champlain, Oswe-
gatchie, Oswego, Vermont, Oxford, Tappahannock, Beaufort, in North
Carolina, Edenton, Georgetown, in South Carolina, and Beaufort, in
South Carolina, two hundred and fifty dollars; to each of the collectors
for the districts of Wiscasset, Oswego, Plymouth, in North Carolina, two
Surveyors. hundred dollars; to the surveyor at Eastport, for the district of Passa-
maquoddy, five hundred dollars; to the surveyors at North Kingston, for
the district of Newport, and to each of the surveyors at New London,
and at Hartford and Middletown, for the district of Middletown and
Hampton, two hundred and fifty dollars; to each of the surveyors of the
ports for the districts of St. Mary's in Maryland, East River, South Quay,
Petersburg, Edenton, Pawtuxet, and Camden, two hundred dollars; and

SEVENTEENTH CONGRESS. Sass. I. CH. 107. 1822.
to each of the surveyors of the ports of Chester, Havre de Grace, Notting-

ham, Dumfries, and Yeocomico, one hundred and fifty dollars; to the na- Nava officers.
val officers for the districts of Providence and Newport, two hundred and
fifty dollars each.
SEc. 9. And be it further enacted, That whenever the emoluments of Limitation ofof
eoluments
any collector of the customs of either of the ports of Boston, New York,. eolectors of
Philadelphia, Baltimore, Charleston, Svannah, or New Orleans, shall Boston, New
exceed four thousand dollars, or the emoluments of any naval officer of York, Philadel-
phia, Baltimore,
either of said ports, shall exceed three thousand dollars, or the emolu- Charleston, Sa-
ments of any surveyor of either of said ports shall exceed two thousand vannah, and
five hundred dollars, in any one year, after deducting the necessary ex- New Orleans.
Naval officers.
penses incident to his office in the same year, the excess shall, in every Surveyors.
such case, be paid into the treasury, for the use of the United States.
SEC. 10. And be it further enacted, That whenever the emoluments Limitation of
of any other collector of the customs shall exceed three thousand dollars, the emoluments
or the emoluments of any other naval officer shall exceed two thousand tore, naval offi-
five hundred dollars, or the emoluments of any other surveyor shall ex- cers, and sur-
ceed two thousand dollars, in any one year, after deducting therefrom the veyors.
necessary expenses incident to his office in the same year, the excess
shall, in every such case, be paid into the treasury, for the use of the
United States. (a)
SEc. 11. And be it further enacted, That the preceding provisions n 6 ingThe
. preced-
provisions
shall not extend to fines, penalties, or forfeitures, or the distribution thereof. not to extend to
SEC. 12. And be it further enacted, That every collector, naval officer, fines, fortbit-
and surveyor, shall account to the treasury for all his emoluments, and ures, &c.
Collectors,
also for all the expenses incident to his office; that such accounts, as naval officers,
well of expenses as of emoluments, shall be rendered on oath or affirma- and surveyors,
tion, at such times and in such forms, and shall be supported by such to render
count an ac-
of emolu-
proofs, as shall be prescribed by the Secretary of the Treasury, and all ments,&e.
such accounts shall be settled at the treasury like other public accounts.
SEC. 13. And be it further enacted, That every collector, naval offi- Officers and
cer, and surveyor, shall, together with his accounts of the expenses inci- surveyors to
dent to his office, render a list of the clerks employed by him, stating the render a list of
clerks employ-
rate of compensation allowed to each,and the duties which they severally ed by them,
perform; and also an account of the sums paid for stationery, official or their compensa-
contingent expenses, fuel, and office rent, stating the purposes for which ron,
countand an a
of sums,
the premises rented are applied, paid for station-
SEC. 14. And be it further enacted, That, in the ports of Boston, ery, &c.
New York, Philadelphia, Baltimore, Charleston, Savannah, and New Or- Inthe ports
ofBoston, &c.,
leans, no person shall be an inspector who, at the-same time, holds any no person to be
other office in the collection of the customs in either of the said ports. an inspector
SEC. 15. And be it further enacted, That the Secretary of the Trea- who holds any
other office itr
sury may, from time to time, limit and fix the number and compepsations the collection
of the clerks to be employed by any collector, naval officer, or surveyor, of the custbms.
and may limit and fix the compensation of any deputy of any such col- Salary to
lector, naval officer, or surveyor: Provided, That no such deputy, in any deputy collec-
&c.
of the districts of Boston and Charlestown, New York, Philadelphia, Bal-
tor,
timore, Charleston, Savannah, or New Orleans, shall -receive more than one
(a) The act of Congress of May 7, 1822, ch. 107, see. 10, provides that whenever the emoluments of
certain collectors of the customs shall exceed three thousand dollars in any one year, &c. the excess
shall in every such case be paid into the treasury of the United States. The defendant was collector
of the port of Gloucester, and was removed from office July 29, 1829. From January first in the same
year, to the day of his removal, he received for salary, fees and commissioris, $3457 83 ; the excess of
this over $3000, after deducting certain legal expenses, he paid into the treasury of the United States.
Held, that all the fees and commissions received by the collector are to he deemed to be received for
his own use, until they exceed the maximum amount of $3000; that the defendant was therefore abso-
lutelytentitled, in his own right to the fees and emoluments of office, not exceeding $3000, rece; ed
during the seven months preceding his removal, although he did not continue in office a i'7ole year
from January first; and that the year of his successor in office commenced on the day of his appoint-
ment, and ended with the same day in the succeeding year.
The United States in error v. William Pearce, Jun., and another, 2 Sumner's C. C. R. 575.

SEVENTEENTH CONGRESS. Sgw. I. CH. 108, 112. 1822.
thousand five hundred dollars, nor any other such deputy more than one
thousand dollars, in any one year, for any services he may perform for the
United States in any office or capacity.
No account SEC. 16. And be it further enacted, That no account for the com-
for compen-
sation to be pensation for services of any clerk, or other person employed in any
allowed until duties in relation to the collection of the revenue, shall be allowed, un-
he has certified, til such clerk or other person shall have certified, on oath or affirmation,
on oath or affir- that the same services have been performed, that he has received the full
mation, that he
has performed sum therein charged, to his own use and benefit, and that he has not
the services and paid, deposited, or assigned, nor contracted to pay, deposit, or assign,
received the full any part of such compensation to the use of any other person, nor in any
sum charged,
&c. way, directly or indirectly, paid or given, nor contracted to pay or give,
any reward or compensation for his office or employment, or the emolu-
ments thereof.
If any person SEC. 17. And be it further enacted, That if any person employed
employed in the in any duties in relation to the collectioif of the revenue, shall accept
collection of
the revenue or receive any fee, reward, or compensation, other than that allowed by
accepts any fee, law, for any service he may perform for any person, in making any entry
&c. not allowed or clearance, or preparing any papers to be used or kept in the custom-
by law, for any
service per- house, such person shall be removed from office, and shall, moreover, on
formed, &c. he conviction thereof, pay a fine, not exceeding five hundred dollars.
is to be remov- SEC. 18. And be it further enacted, That no- collector, surveyor, or
ed from office,
pay a fine, &c. naval officer, shall ever receive more than four hundred dollars annually,
No collector, exclusive of his compensation as collector, surveyor, or naval officer, and
&c. to receive the fines and forfeitures allowed by law, for any services he may perform
more than 400
dollars annu- for the United States in any other office or capacity.
ally, exclusive, SEC. 19. And be it further enacted, That the salary of the collector
&c. of the district of Cape Vincent shall commence from the time of his ap-
Collector of
Cape Vincent. pointment.
This act in SEC. 20. And be it further enacted, That this act shall be in force from
force from 30th and after the thirtieth day of June next.
June, 1822.
STATUTE 1.
May 7, 1822. CHAP. CVIII.-An Act vesting in the commissioners of the counties pf Wood as&
Sandusky, the right to certain lots in the towns of Perrysburgand Oroghansville,
in the state of Ohio, for county purposes.
Unsold town Be it enacted by the Senate and House of Representativesof the United
lots, &c. in Per- States of America, in Congress assembled, That the right to all the unsold
rysburg, &c. town lots and out-lots in the town of Perrysburg be, and the same is
Unsold town
lots, &c. in hereby, vested in the commissioners of Wood county, in the state of
Croghansville, Ohio; and the right to all the unsold town lots and out-lots in the town
&c. of Croghansville be, and the same is hereby, vested in the commissioners
of Sandusky county, in said state ; on condition that said commission-
ers shall permanently locate the seat of justice for their respective
counties at said towns; and that the net proceeds of the sales of so
many of said lots as are necessary to be retained for the purpose of erect.
ing public buildings thereon, be applied to the erection and improve-
ment of the public buildings and squares in said towns respectively.
STATUTE I.
May 7, 1822. CHAP. CXII.-n Act authorizingthe payment of certain certificates; _
So much of Be it enacted by the Senate and House of Representatives of the United

the act of States of America, in Congress assembled, That so much of an act,
entitled "An act making further provisions for the support of public

SEVENTEENTH CONGRESS. SEss. I. CH. 1S 1822.
credit and for the redemption of the public debt," passed the third day March 3, 1795,
of March, one thousand seven hundred and ninety-five, and so much of ch.45,und ofact
ofJune 12,1798,
the act, entitled "An act respecting loan office and final settlement cer- oh. 51, as bars
tificates, indents of interest, and the unfunded and registered debt, loan office and
credited on the books of the treasury," passed the twelfth day of June, final settlement
certificates, &c.
one thousand seven hundred and ninety-eight, as bars from settlement or suspended for
allowance certificates, commonly called loan office and final settlement two years, &c.
certificates, and indents of interest, be, and the same is hereby, suspend-
ed for the term of two years from and after the passing of this act, and
from thence until the end of the next session of Congress ; a notifica- Notification
tion of which temporary suspension of the act of limitation shall be pub- of suspension to
lished by the Secretary of the Treasury, for the information of the hold- be published.
ers of the said certificates, in one or more of the public papers in each
of the United States.
Outstanding
SEC. 2. And be it further enacted, That all certificates, commonly call- loan office cer-
ed loan office certificates, countersigned by the loan officers of the states, tificates, &c.
respectively, final settlement certificates, and indents of interest, which, may be pre-
sented at the
at the time of passing this act, shall be outstanding, may be presented at treasury; and,
the treasury ; and, upon.,the same being liquidated and adjusted, shall be being liquida-
paid to the respective holders of the same, with interest at six per cent. ted, &c. to be
paid to the
per annum, from the date of the last payment of interest, as endorsed on holders, with
said certificates. interest, &c.
Suc. 3. And be it further enacted, That, for carrying this act into Appropriation.
effect, the sum of fifteen thousand dollars be appropriated out of any
moneys in the treasury of the United States not otherwise appro-
priated.
STATUTe I.
CHAP. CXVIII.-Adn Act requiring survoyors generalto give bond and security May 7, 1822.
for the faithful disbursement of public money, and to limit their term of
office.
Be it enacted by the Senate and House of Representatives of the United Every survey-
or general to
States of America, in Congress assembled, That, from and after the give bond with
passing of this act, every surveyor general, commissioned by the autho- security in the
rity of the United States, shall, before entering on the duties of his office, penal sum of
30,000 dollars,
and every surveyor general now in commission, shall, on or before the for the faithful
thirtieth day of September next, execute and deliver, to the Secretary of disbursement of
the Treasury of the United States, a bond, with good and sufficient public money,
and perfor-
scurity, for the penal sum of thirty thousand dollars, conditioned for mance of his
the faithful disbursement, according to law, of all public money placed official duties.
inhis hands for disbursement, and for the faithful performance of -the
duties of his office.
SEc. 2. And be it further enacted, That the commission of every sur- The commis-
sions of survey-
veyor general now in office, shall, unless sooner vacated, by death, resig- ors general now
nation, or removal from office, cease and expire on the first day of in office, &c., on
February next: and the commission of every surveyor general, hereafter Feb. 1, 1823.
commissioned by the authority of the United States, shall cease and expire Commissions
of surveyors
unless sooner vacated by death, resignation, or removal from office, in general to ex-
four years from the date of the commission. pire in four
SEC. 3. And be it ftrther enacted, That the President of the United years from the
dates.
States shall, and he is hereby authorized, whenever he may deem it expe- Surveyor gen-
dient, require any surveyor general of the United States to give new eral to give new
bond and additional security, tinder, the direction of the Secretary of the bond and addi-
tional security,
Treasury, for the faithful disbursement, according to law, of all money &c.
placed in his hands for disbursement.
APPROVED, May 7, 1822
VOL. II.1-8 3N

698 SEVENTEENTH CONGRESS. SEss. I. CH. 119. 1822.
STATUTE I.
May 7, 1822. CHAP. CXIX.-n Act to authorize the building of lighthouses thereinmentioned,
As soon as Be it enacted by the Senate and House of Representativesof the United
the jurisdiction States of America, in Congress assembled, That, as soon as the jurisdic-
&c., the Secre- tion of such portions of land at Monhegan Island, on the coast of Maine;
tary of the at Billingsgate Island, in Barnstable Bay; at Cutter Hunk Island, near
Treasury to New Bedford, in the state of Massachusetts; at Stonington Point, in the
providg for
building light- state of Connecticut; at Old Field Point, Long Island, in the state of
houses on the New York; at Cape May, in the state of New Jersey, at or near the
islands and Port of Ocracoke, in the state of North Carolina; at Cape Florida, and
places mention-
ed, and to agree on the Dry Tortugas, or on some place in the vicinity, as the President
for salaries or of the United States shall select for the sites of lighthouses; shall be
wages of-auper- ceded to, and the property thereof respectively vested in, the United
intendents. States, it shall be the duty of the Secretary of the Treasury to provide, by
Contracts, which shall he approved by the President, for building light-
houses respectivcly on such sites, to be so lighted as to be distinguished
from other lighthouses near the same; and also to agree for the salaries,
wages, or hire, of the persons to be appointed by the President for the
superintendence of the same.
The floating
light at the port
SEC. 2. And be it further enacted, That the Secretary of the Treasury
of Olraoke to be, and he hereby is, authorized, if he shall deem it expedient, to
cause
be removed to to be removed the floating light placed at or near the said port of
the Narrows in Ocracoke, and to have the same placed at the Narrows in the Potomak
the Potomak. river.
Buoys at the SEC. 3. And be it further enacted, That the Secretary of the Treasury
places men- be, and he hereby is, authorized to provide, by contract, for procuring
and placing buoys at the following places, to wit: one at Harbour Island
Bar, one on Pine Point Shoal, one on the Point of Marsh Shoals, one on
Swan Island Shoal, one on the east end of Brant Island Shoal, one on
the Middle Ground Shoal, one on the Bluff Shoal, and one on the Long
Shoal, all being situated on the coast of North Carolina; and also for
three buoys for the bar of the port of Georgetown, South Carolina.
Appropriation SEC. 4. And be it further enacted, That the following sums be ap-
for carrying this propriated for the purpose of carrying the provisions of this act into effect,
act into effect, to be paid out of any moneys in the treasury not otherwise appropriated;
to wit: For building the lighthouse at Monhegan Island, three thousand
dollars; at Billingsgate Island, on Barnstable Bay, two thousand dollars;
at Cutter Hunk Island, near New Bedford, and for placing buoys near
thereto, three thousand dollars; at Old Field Point, Long Island, two
thousand five hundred dollars; for placing a lamp on the mess-house at
Fort Niagara, one thousand dollars; for finishing the pier near the port
of Kennebunk, in the state of Maine, the further sum of four thousand
dollars; for completing the lighthouse on Throgsneck, the additional sum
of five hundred dollars; for building a light vessel, and placing the same
on or near the outer bar of the harbour of New York, fifteen thousand
dollars ; for placing three buoys on the bar near the port of Georgetown,
South Carolina, three hundred dollars; for rebuilding and completing
the lighthouse on Frank's Island, in the state of Louisiana, nine thousand
seven hundred and fifty dollars; for building the lighthouse at Stoning-
ton Point, three thousand five hundred dollars; for building the light-
house at Cape May, the sum of five thousand dollars; for building the
lighthouse at or near Ocracoke, the sum of twenty thousand dollars;
for building the lighthouse at Cape Florida, eight thousand dollars; and
for building the lighthouse oti the Dry Tortugas, or on some place in
the vicinity, eightshousand dollars; and for procuring and placing the
buoys on the coast of North Carolina, and for removing the floating light
at or near the port of Ocracoke, the sum of one thousand three hundred
dollars.

SEVENTEENTH CONGRESS. SEss. I. Cu. 122. I82.
The Secretary
SEc. 5. And be it further enacted That the Secretary of the Trea- of the Treasury
sury be, and he hereby is, authorized to provide, by contract, to be ap- to provide by
proved by the President of the United States, for building a sea wall or contract, fc.,
for building a
pier at the Isles of Shoals, between Cedar Island and Smutty-Nose Island, sea wall, &c.,
on the coast of New Hampshire and Maine, conformably to the report at the Isles of
of the commissioners appointed under the fourth section of the act pass- Shoals, &c.
1821, ch. B2.
ed the third day of March, one thousand eight hundred and twenty-one,
entitled "An act to authorize the building of lighthouses therein men-
tioned, and for other purposes," and that a sum, not exceeding ekven
thousand five hundred dollars, is hereby appropriated for the purpose
aforesaid, to be paid out of any moneys in the treasury not otherwise ap-
propriated.
Two piers to
SEc. 6. And be it farther enacted, That the Secretary of the Trea- be erected by
sury be authorized and required to cause to be erected'in the Bay of contract, at a
Delaware, at or near a place called the Shears, near Cape Ilenlopen, by place called the
Shears, near
contract or contracts, to be approved by the President of the United Cape Henlopen,
States, two piers of sufficient dimensions to be a harbour or shelter for &c., if, &c.
vessels from the ice, if, after a survey made under his direction, the mea-
sure shall be deemed expedient; and provided that the jurisdiction of the The jurisdic-
tion of the state
site where such piers may be erected, shall be first ceded to the United to he first ced-
States, according to the conditions in such case by law provided,; and ed.
that, for the purpose of carrying the same into effect, there be appro-
priated the sum of twenty-two thousand seven hundred dollars, to be
paid out of any moneys in the treasury not otherwise appropriated. The light on
SEC. 7. And be it further enacted, That the light authorized to be built Cross Island to
on Cross Island, in the state of Maine be, and the same is hereby, directed be built on the
south point of
to be built on the South point of Libby Island, and for building and Libby Island.
completing the same, the sum of five hundred dollars, in addition to the Appropriation.
former appropriation, is hereby appropriated, out of any money in the
treasury not otherwise appropriated.
SEC. 8. And be it further enacted, That the following sums of money Appropriations
for purchasing
be, and the same are hereby, appropriated, out of any moneys in the trea- and placing the
sury not otherwise appropriated, for the following purposes to wit: Four patent lamp of
thousand dollars to enable the Secretary of the Treasury to purchase the D. Melville and
others.
patent right of David Melville and others, to a newly invented lamp for
lighting lighthouses; and a sum not exceeding four thousand two hun-
dred and forty dollars, for placing the same in lighthouses.
SEC. 9. And be itfurther enacted, That for making and completing a Appropriation
forcompletin
survey of the coast of Florida, under the direction of the President of the the survey ofthe
United States, a sum of money, not exceeding six thousand dollars, be, coast of Flori-
arid the same is hereby, appropriated, out of any moneys in the treasury da.
not otherwise appropriated, for carrying the same into effect.
STATUTE I
CHAP. CXXII.--n det confirming claims to lots in the town of Mobile, and to May 8, 1822.
land in the former province of West Florida, which claims have been reported
favourably on by the commissioners appointed by the United States.
Be it enacted by the Senate and House of Representatives qf the United Claims to lots
in Mobile,
States of America, in Congress assembled, That all the claims to lots in founded on
the town of Mobile, founded on complete grants derived from either the complete grants
French, British, or Spanish, authorities, reported to the Secretary of the from the
French, British,
Treasury by the commissioner for the district east of Pearl river, appointed or Spanish au-
under the authority of "An act for. ascertaining the titles and claims to thorities, re-
land in that part of Louisiana which lies east of the island of New Or- ported. &c.
recoguized as
leans," or which were so reported by the register and YeceiVer, acting as valid.
commissioners, under the act of the third of March, one thousand eight Act of April
hundred and nineteen, entitled " An act for adjusting claims to land, and 25, 1812, ch. 67,

SEVENTEENTH CONGRESS. Sass. 1. Cm 124. 1822.
Act of March establishing land offices, in the districts east of the island of New Orleans,"
3, 1019, ch. 100. which are contained in the reports of the commissioner, or of the regis-
ter and receiver acting as commissioners, and which are, in their opinion,
valid, agreeably to the laws, usages, and customs, of the said governments,
be, and the same are hereby, recognised as valid.
Certain SiEc. 2. Andbe itfurtherenacted, That all the claims to lots in the town
claims to lots in
Mobile con- aforesaid, reported as aforesaid, and contained ir the reports of the
firmed. commissioner, or of the register and receiver acting as commissioners,
founded on orders of survey, requettes, permissions to settle, or other
written evidences of claims, derived from either the French, British, or
Spanish authorities, and bearing date prior to the twentieth of December,
one thousand eight hundred and three, and which ought, in the opinion
of the commissioner, to be confirmed, shall be confirmed in the same
manner as if the title had been completed.
All claims to Sac. 3. And be it further enacted, That all the claims to lots in the town
lots in Mobile, aforesaid, reported as aforesaid, and contained in the reports of the com-
reported by the
commissioner, missioner, or of the register and receiver acting as commissioners, founded
&e. founded on on private conveyances which have passed through the office of the com-
private convey- mandant, or other evidence, but founded, as the claimants allege, on
ances, &c. con-
firmed, &c. grants lost by time and accident, and which ought, in the opinion of the
commissioner, to be confirmed, shall be confirmed in the same manner
Proviso. as if the titles were in existence: Provided, That, in all such claims
where the quantity claimed is not ascertained, no one claim shall be con-
firmed for a quantity exceeding seven thousand two hundred square feet.
For .all other Sac. 4. And be it further enacted, That for all the other claims to lots in
claims to lots in the town aforesaid, reported as aforesaid, which are contained in the report
Mobile, con- of the register and receiver, and which, by the said report, appear to have
tained in the
report of the been built upon or improved and occupied, on or before the fifteenth day
register and re- of April, one thousand eight hundred and thirteen, the claimants shall be
ceiver, built entitled to grants therefor as donations: Provided,That in all such claims,
upon, &c. on or
before April 15, where the quantity claimed is not ascertained, no one claim shall be con-
1813, grants to firmed for a quantity exceeding seven thousand two-hundred square feet;
issue as dona- And provided also, That all the confirmations and grants provided to be
tions.
Proviso. made by this act, shall amount only to a relinquishment for ever, on the
part of the United States, of all right and title whatever to the lots of
land so confirmed or granted.
Registers and Sac. 5. And be it further enacted, That the registers and receivers of
receivers of the the land offices at St. Helena Courthouse and at Jackson Courthouse,
land offices at
St. Helena and respectively, shall have the same powers to direct the manner in which
Jackson Court- all lands confirmed by this act shall be located and surveyed, and also to
houses, to have decide between the parties in. all conflicting and interfering claims, as
the same pow-
ers, &c. as are are given by the act, entitled "An act supplementary to the several acts
given by the act for adjusting the claims to land, and establishing land offices, in the dis-
supplementary, tricts east of the island of New Orleans."
&c.
Act ofMay 8,
1822, ch. 128.
9TATUTE I.
May 8, 1822. CHAP. CXXIV.--,n Set to establish an additional land ofice in the state of
Illinois.
So much of Be it enacted by the Senate and House of Representatives of the United
the public lands States of America, in Congress assembled, That so much of the pub-
within the lic lands of the United States as lies east of the Mississippi river, north
bounds describ-
ed, in Illinois, to of the line separating the thirteenth and fourteenth tiers of townships
form a land dis- north of the base line, and west of the third principal meridian, in the
trict, &c. state of Illinois, shall form a land district, for the disposal of the said
A land office
as the President lands, and for which purpose a land office shall be established at such
may designate. place therein as the President of the United States shall designate, until
the same shall be permanently fixed by law.

SEC. 2. And be it further enacted, That there shall be i register and- A register and
receiver appointed to the said land office, to superintend the sales of the' reoeiver
land for &c.
office, the
public lands in the said district, who shall reside at the place where the to reside at the
said office shall'be established as aforesaid, give security in the same place establish-
manner, in the same sums, and whose compensation, emoluments, and ed, give securi-
duties, and authority, shall, in every respect, be the same in relation -to
the lands which shall be disposed of at their offices, as are or may be by
law, provided in relation to the registers and receivers of public moneys
in the several offices established for the sale of the public lands: Pro- Proviso.
vided, That the said appointments shall not be made until a sufficient
quantity of public lands shall have been surveyed within the said district
to authorize- in the opinion of the President, a public sale of lands with-
in the same.
Sac. 3. And be it further enacted, That the provisions of the second, The provi-
third, and fifth, sections of the act, entitled "An act to designate the sins of the 2d,
boundaries of districts, and establish land offices, for the disposal of the 3d and 5th sec-
tions of the act
public lands not heretofore offered for sale in the states of Ohio and In- of March 3,
diana," approved March third, eighteen hundred and nineteen, and the act, 1819, and of
entitled "An act making further provision for the sale of the public lands," April 24,
made 1820,
applica-.
approved April twenty-fourth, eighteen hundred and twenty, be, and the ble &c
same are hereby, made applicable to the said district and office, so far Act of March
as they are not changed by.subsequent laws of the United States. 3,1819, ch. 92.
Act of April
APPROVED, May 8, 1822. 4, 1820. ch.51.
STATUTE .
CHAP. CXXVI.-Rn act to designate 'the boundariesof a land district, and for May 8, 1822.
the estabtishment of a land office, in the state of Indiana.
Be it enacted by the Senate and House of Representatives of the United A district and
States. of America, in Congress assembled, That, for the sale of the un'- land office for
the sale of un-
appropriated public lands in the state of Indiana, to which the Indian appropriated
title is extinguished, the following district shall be formed, and a land public lands in
office established: All the public lands as aforesaid, to which the Indian Indiana, &c. of
Boundaries
title was extinguished by the treaties concluded at St. Mary's in the month the district.
of October, eighteen hundred and eighteen, lying east of the range line
separating the first and second ranges east of the second principal meri-
dian, extended north to the pjnsent Indian boundary and north of a line
to be run separating the tiers of townships numbered twenty and twenty-
one, commencing on the old Indian .boundary, in range thirteen east of
the said principal meridian, in Randolph county, and the said district to
be bounded on the east by the line dividing the states of Ohio and In-
diana, shall form a district, for which a land office shall be established at A land office
Fort Wayne. at Fort Wayne.
Sac. 2. And be it farther cnacted, That the President is hereby author. The Presi-
ized to appoint, by-and with the advice and consent of the Senate, tbr dent to appoint
SSa reuister and
the aforesaid district, a register of the land office and a receiver of public recc ver when
moneys : which appointments shall not be made for the aforesaid land a sufficient
district until a sufficient quantity of public lands shall have been sur ey- quantity of pai,-
lic land shall
ed within the said district as to authorize, in the opinion of the President, have been sur-
a public sale of land within the same; which register of the land office roed. &c.
and receiver of public monevs, when appointed, shall each. respectively, egister and
in receiver to giuo
give security in the same sums,and in the same manner, and whose con- security. Wie.
pensation, emolumen s, and duties, and authority, shall, in every
respect, be the same, in respect to the lands which shall be disposed of
at their offices, as are or may be provided by law in relation to he recis-
ters and receivers of public moneys in the several land olices establigh-
ed for the disposal of the public lands of the United States in the stails
of Ohio and Indiana.
SEc. 3. And be it frirthor enacted, That all the public lands within All the pub-
the aforesaid district, to which the Indian title has been extinguished, liclands in the
3JN.

SEVENTEENTH CONGRESS. Swss. I. CH. 127. 1822.
district, not and which have not been granted to, or secured for, the use of any in-
granted or re-
served, &c. ex- dividual or individuals, or appropriated and reserved for any other pur-
cept section No. pose by any existing treaties or laws, and with the exception of section
16, &c., to be numbered sixteen in each township, which shall be reserved for the sup-
offered for sale port of schools therein, shall be offered for sale to the highest bidder,
to the highest
bidder. at the land office for the said district, under the direction of the register
of the land office and receiver of public moneys, on such day or days as
shall, by proclamation of the President of the United States, be desig-
The lands to
be sold in tracts nated for that purpose: the lands shall be sold in tracts of the same size,
&c. as provided on the same terms and conditions, and in every respect, as provided by
by act of April- the act, entitled "An act making further provision for the sale of the
24, 1820, ch. 51.
public lands," approved April twenty-fourth, eighteen hundred and
twenty.
The Presi- SEc. 4. And be it further enacied, That the President of the United
dent may re- States shall have power, and he is hereby authorized, to remove, when-
move the land
office to a suita- ever he shall judge it expedient so to do, the land office aforesaid, to
ble place when- such suitable place, within the said district,-as he shall judge most
ever he judges
it expedient. proper.
Five dollars SEC. 5. And be it further enacted, That the register of the land
a day to the reg- office and receiver of public moneys shall, each, receive five dollars for
ister and re- each day's attendance in superintending the public sales in the said
ceiver.
district.
STATUTE I.
May 8, 1822. CHAP. CXXVII.-.#n Aet to establish certainpost-roads,and to discontinue others,

andfor other purposes.
Mail-routes Be it enacted by the Senate and House of Representatives of the United
discontinued. States of America, in Congress assemtled, That the following mail-routes
be discontinued; that is to say:
Vermont. In Yermont.-From Lynden to Wheelock, in the county of Cale-
donia.
New York. In New York.-From Utica, by Clinton, Chandler's store, Augusta, and
Madison, to Hamilton Village.
From Chitteningo, alias Sullivan, to Madison; and that part of
the route from Leicester to Olean, which is situated between Oil Creek
and Olean.
New Jersey. In New Jersey.-FromLiberty Corner to Somerville.
Maryland. In Jlarland.-From Annapolis to Kent Island, and fiom thence,
through Queenstown, to Centreville.
Pennsylvania. In Pennsylvania.-From Uniontown, by Middletown, to Perry-
opolis.
From Londontown to Messenburg.
Virginia. In Firginia.-FromBrown's store to Dickinson's store, in Franklin
county.
North Caro- In North Carolina.-FromHaysville to Williamsborough.
lina. From Winton, by Gale's Courthouse, to Sunbury.
From Waynesville, in North Carolina, to Houstonville, in South
Carolina.
Kentucky. In Kentucky.-From Ross's post-office, Whitby county, to Monticello,
in Wayne county.
From Manchester to the Hazelpatch, and from thence to Co-
lumbia.
Ohio. In OMo.-Froim the mouth of Little Scioto to Piketon.
Arkansts. In -Arkansas.-FromClark Courthouse to Hempstead Courthouse, and
to the post of Washifa.
Post-roads SEc. 2. And be it further enacted, That the following p~st-roads be
established. S established ; to wit,

SEVENTPXENTH CONGRESS. Snss. L Cn. 127. 1822.
In Maine.-From Hallowell, by Silas Piper's, in Harlem, Jonathan Post-roads

Greely's, at the Four Corners in Palermo, to Montville. establijed.
Maine.
In Vernnt.-From Poultaey, through Middletown, Tinmouth, and Vermont.
Willingford, to Mount Holly, in the county of Rutland.
From Montpelier, through Barre, Orange, and Topsham, to New-
bury.
From Lynden, -through Sutton, to Barton, in the county of 'Or-
leans.
In Afassachusets.-From Plymouth to Carver and Rochester. Massacha-
From Holmes's Hole, in Tisbury, to Chilmark, in the island called setts.
Martha's Vineyard.
' From" Mendon, through Milford, Holiston, Sherburne, Natick, Need-
ham, Newton, and Brighton, over the Mildam, to Boston.
From Milbury, in Worcester county, to the town of Providence, in
Rhode Island, to pass through the towns of Sutton and Douglass, in
Massachusetts, and the town of Burrellville and village of Chepackett,
in Rhode Island.
From Belchertown, by Enfield, to Greenwich.
From Worcester to Providence, in Rhode Island, passing through
Grafton, Upton, Mendon, Bellingham, Cumberland, and Pawtucket.
From Amesbury to Southampton, in New Hampshire, and thence to
Kingston.
In Connecticut.-That the post-road from Hartford to New London, Connecticut.
shall be by the Presbyterian meeting'house, in the first society in the town
of Hebron.-
From New London, along the new turnpike road, to the town of Pro-
vidence, in Rhode Island.
In New Hampshire.-The post-road from Walpole to Newport shall New Hamp.
be through the town of Langdon. shire.
n.New ork.-From Deposit to Stoekport, in Pennsylvania. New York.
From Jay to Danville, thence, down the Ausable river, by Bullen's
mills, to Keesville, in the town of Chesterfield.
From Schenectady, by Charlton, Galway, Providence, and North-
ampton, to Edinburgh, and from Edinburgh, back by Northampton, West
Gaiway Church, and Glenville, to Schenectady.
From the Post-office in Luzerne, on the west side of the Hudson river,
to the Postoffice in Chester.
From Green, in the county of Chenango, to Ithaca, in Tompkins
county.
From Cherry Valley, in the county of Otsego, to the village of Cana-
4joharie, in the county of Montgomery.
From Champion, in the county of Jefferson, to Alexandria, by Felt's
mills, Le Raysville, Evans's mills, Theresa, and Plessis.
From the village of Canandaigua to the village or Penn Yan, in the
county of Ontario.
From Batavia, by the village of Lockport, to intersect the ridge road
at William Molyneaux's, in the town of Cambia.
From Howard, in the county of Steuben, by Rathbun's settlement and
Loon Lake settlement, to Conhocton.
From Bath to Catherine's, by Mount Washington and Bartle's mills,
and, returning, by Mead's creek, to the mouth of Mud creek.
From South Danville to Goff's mills.
From Champlain to the town of Moores, thence, by Lawrence's mill's,
and Beekmantown, to Plattsburg.
From Ithaca to Burdett, near the head of Seneca lake.
From Poughkeepsie, by Pleasant Valley, Salt.Point, James Thorn's in
Clinton Friends' meeting house in Stanford, the Federal store, and
from thence to the Pine Plains' Post-office, in the town of North East.

704 SEVENTEENTH CONGRESS. SEss. I. CH. 127;' 1822.
Post-roads From Moscow, in Livingston county, to the village of Fredonia, in
established. Chatauque county.
From Cincinnatus, through Willet and Freetown, to Harrison.
From Canastota, at Perkins's Basin, on the Great Erie canal, through
Lenox, Clarkville, Perryville, Petersborough, and Morrisville, to Eaton.-
The mail-route from Bath, by Angelica, Hamilton, Cerestown, Pennsyl-
vania, Coudersport, and Jersey Shore, to Williamsport, shall pass by
Smithport, in M'Kean county, Pennsylvania, either in going or returning.
From Esperance to Middleburg, by the way of Schoharie, in Scoharie
county.
New Jersey. In New Jersey.-From Liberty Corner, by Pluckemin, to Somerville.
From Somerville, by New Germantown, through Paipack Valley, to
Mandham and Morristown.
From Hackensack, in the county of Bergen, by Patterson's landing
and Belleville, to Newark, in Essex county.,
From Beasley's, at the mouth of Great Egg Harbour river, by Etna
Furnace, on Tuckahoe river, Cumberland Furnace, Malligo, Glasbo-
rough, and Woodbury, to Philad Iphia.
From Princeton, by Harlingen, to Flagtown.
Maryland. In liaryland.-From Hagerstown, by Mercersburg, to M'Connels-
burg, in Pennsylvania.
From Annapolis, by Baltimore, to Queenstown, and from thence to
Centreville and Kent island.
Pennsylvania. In Pennsylvania.-From Philadelphia, by the Falls of Schuylkill, to
Norristown.
From Swamp churches, in Montgomery county, by Boyerstown, to
Reading.
From Doylestown, by Sorrel Horse, Bustleton and Byberry, to Anda-
lusia, and to return by the Buck Tavern and Hartville, to Doylestown.
From Easton, Northampton county, to Hellerstown, Quakertown, and
Bursonsville, Bucks county.
From Emaus, by Millerstown, to Trexlerstown, in Lehigh county.
From Chambersburg to Waynesburg, by Samuel Fisher's store, in
Franklin county.
From M'Call's Ferry, in Lancaster, to the borough of Westchester,
in Chester county.
From Meadville to Salem, at the mouth of Big Conneatt, Ohio.
From the village of Blearsville, by Youngstown, to Mount Pleasant.
From Newville, in Cumberland county, to Roxbury and Strasburg,
in Franklin county.
From Landisburg, in Perry county, to Waterford, in Mifflin county.
From Selinsgrove to New Berlin.
From Ebensburg to Indiana.
From Uniontown, by Connelsville, to Perryopolis.
From the city of Lancaster, through Millerstown, Washington, and
Charlestown, .to the borough of Columbia.
Virginia. In Virginia.-From Winchester to the Berkley springs, in Morgan
county.
From Lewisburg, oy Huttonsville, Beverly, Leadesville, Meigsville,
Swamp, and Kingwood, to Morgantown.
From Salem to Botetourt, through the Bent Mountain, by Simpson's
and Thomas Goodson's, to Boon's, on the west fork of Little river, in
Montgomery county.
From the city of Richmond, by Piping Tree, in King William county,
to King and Queen Courthouse, Gloucester, Middlesex, and Matthews.
From Halifax Courthouse to Person Courthouse, North Carolina.
From Franklin Courthouse to Henry Courthouse, to go by Dickerson's
store in Franklin county.

SEVENTEENTH CONGiRESS. - SEss.; OH0 127. 824 . 705
From Lynchburg, by Pittsylvania Courthouse, to Danville, and from Post-roads

Danville to Halifax Courthouse. established.
From Parkersburg to Kanawha Courthouse.
From Richmond to Chesterfield Courthouse, to go by Mechanick's Inn,
instead of the route now established.
That the route from Stanton, by Greenbrier Courthouse, and Charles-
ton, to Catletsburg, in Kentucky, be changed, so as to go by the Sulphur
Springs, on Muddy creek, in Greenbrier.
From Bath Courthouse to Alleghany Courthouse.
In North Carolina.-FromHaysville, in Franklin county, by Glasgow's North Caro.
store and Health Seat, to Oxford, in Granville. lina.
From Ashe Courthouse to Jordan Councils, in same county
From Stokesville, by Gates' Courthouse, to Sunbury.
That the route from Fayetteville to Salisbury be changed, so as to go
by Carthage, M'Neil's, Hill's, and Skean's Ferry, and to return by For-
rest's, Blakely, Lawrenceville, Allentown, and M'Auley's store.
From Fayetteville, by Graham's bridge, Rockingham, to Wades-
borough.
From Tyson's store to Waddle's Ferry, Brower's mill, Hugh Moffitt's
mill, then to Richard Kennon's and to Haywood.
From Waynesville, Haywood Courthouse, by Lovesville, on Scott's
creek, to Franklin, in the Cherokee Purchase, and from thence to Rabun
Courthouse, in Georgia.
In South Carolina.-From Rocky Mount to Pine Hill Post-office, to South Carolina.
pass by Ebenezer Academy.
From Fayetteville, in North Carolina, leaving the road to Camden at
or near Laurel Hill, by Cheraw, to Camden.
From Cheraw, by Society Hill and Darlington Courthouse, to intersect
the great southern route at Godfrey's ferry, on the Pedee river.
From Cheraw, by Chesterfield Courthouse, to Lancaster Courthouse.
In Georgia.-From Lawrenceville, in Guinett county, to the Stand- Georgia.
ing Peach Tree, (Fayette Courthouse.)
From Jefferson, by Coleraine, by Crawford in Florida; ,and to St.
Augustine, and the route at present used discontinued.
From Elberton to Ruckersville, in Elbert county.
In Alabara.-FromHuntsville, by Triana, Mooresville, Athens, East- Alabama.
port, and Bainbridge, to the Big Spring.
From Cahawba by Portland, Prairie Bluff, the Standing Peach Tree,
through the populous settlement on Bassett's creek and by Clark Court-
house, to St. Stephen's, so as to reinstate the old route from Cahawba to
St. Stephen's, and the present route from Cahawba to St. Stephen's to be
discontinued.
From Ashville to Huntsville, by the way of Robertsville and Bennett's
store.
From Augusta, on the Tallapoosa, by Coosanda, passing through the
settlement in the upper end of Autago county, and the settlement of
Mulberry creek, in Bibb county, by the falls of Cahawba, to the town of
Tuscaloosa.
In ]lfssssppi.-From Winchester, by Perry Courthouse and Colum- Mississipp.
bia, to Holmesville.
From Picken's Courthouse, in Alabama, by Monroe Courthouse, the
Cotton Gin Port, and the Chickasaw Agency, in the state of Mississippi,
to the Chickasaw Bluffs, in the state of Tennessee.
From the Choctaw Agency, by Jackson, to Monticello.
In Tennessee.-From Campbell's station, by Blair's Ferry, to Pump- Tennessee.
kintown.
From Sparta, in White county, to Pikeville, in Bledsoe county.
The post-road from Morgantown to Mount Pleasant, alias Pumpkintown,
to go by Monroe Courthouse.
VOL. II.--S9

706 SEVENTEENTH CONGRESS. Stss. I. Czr. 127. 1822.
Post-roads From Greenville to the Warm Springs, in North Carolina.
estab1lshed. In Kentucky.-From Manchester, by Perry Courthouse, to Patrick
Kwituckyo Saltworks.
From Morganfield, crossing the Ohio at Francisburg, to Harmony, in
Indiana.
From Monticello, by Beatty's Saltworks, and Ross' Post-office, to Jacks-
borough, in Tennessee.
From Williamsburg, in Whitby county, by Ross's-post-office,to Somer-
set, in Pulaski county.
From Richmond to the Hazel Patch, hereafter to go by Manchester,
to Barbourville.
Ohio. In Ohid.-From Belle Fontaine, in Logan county, by Forts M'Arthur
and Findlay, to the Foot of the Rapids of the Miami of the Lake.
From Columbus, by Maysville, the seat of justice of Union county,
thence, through Zanesfield, to Belle Fontaine, in the county of
Logan.
From Norton, in- the county of Delaware, by Claredon Buayners, to
the city of Sandusky.
From the mouth of Little Scioto to Portsmouth.
From Cleveland, through Newburg, Hudson, Ravenna, Palmyra, Ells-
worth, Canfield, Boardman, Poland, Petersburg, and Greensburg,-to
Beavertown in Pennsylvania.
From Columbus to Sunbury, through Harrison and Ravenna town-
ships.
From Columbus, by Springfield, Dayton, and Eaton; then to Indiana-
polis, in the state of Indiana; thence by Vandalia, in Illinois; thence to
St. Louis, in Missouri.
From West Union to Cincinnati, to pass through Georgetown,
the seat of justice of Brown county, instead of the present route.
From Augusta, Kentucky, by Lewis, Felicity, Chilo, Neville, Point-
opolis, New Richmond, and Newtown, to Cincinnati, in Ohio.
Indiana. In Indiana.-From Terre Haute, by Clinton, the seat of justice for
Parke county, and Crawfordsville, to Indianapolis.
From Washington, by Burlington, and Blooming, to Indianapolis.
From Lawrenceburg, by Napoleon, to Indianapolis.
Illinois. IR llinois.-From Vincennes, in Indiana, by Ellison's Prairie, Pales-
tine, York, Aurora, Grand Prairie, in Clark county,to Clinton.
From Shawneetown, by Bellgrade, to America.
From Peoria, on Illinois river, to Sangama county.
From Edwardsville to Sangama Courthouse.
Missouri. In 3lissouri.-FromSt. Genevieve, by Herculaneum,to St. Louis.
From Herculaneum to Potosi.
From Jackson to Fredericktown.
From Potosi to New Bowling Green.
From St. Charles to Cote Sans Dessein,shall hereafter go by the seat
of justice for Calloway county.
From Fishing river to Fort Osage, shall hereafter pass by the seat of
justice in Clay county.
Arkansas. In Arkansas.-From the post of Arkansas, by Little Rock, Crystal]
Hill, Cadron and Ellis's, to Crawford Courthouse.
From Little Rock, by Clark Courthouse, to Natchitoches.
From Clark Courthouse, by Hempstead Courthouse, to Miller Court-
house.
Louisiana. In Louisiana. -From Natchez to Baton Rouge, by Woodville and
Jackson.
From Pinkneyville, Mississippi, by Avoyelles, to Alexandria in Lou-
isiana.
From Baton Rouge, by Bayou Placquemine and Duplesses's Landing
in the Attacapas, to Opelousa Courthouse.

SEVENTEENTH CONGRESS. SEss. I. Ci. 128. 1822.
From New Orleans to Pensacola.

In Florida.-From Pensacola to St. Marks, thence to Vollusia at Florida.
Dexter's, on St. John's river, thence down the river to Picolatta, and
thence to St. Augustine.
From Pensacola to Fort Hawkins, in Alabama.
SEC. 3. And be it further enacted, That the Postmaster General Allowance
may allow to the postmaster at Salem, Massachusetts, at the rate of to the postmas-
two hundred dollars a year, in addition to his ordinary commissions.
twoMass. ter at Salem,
STATUTE I.
CHap. CXXVIH.-Jn Act supplementary to the smveral acts for adjusting the May 8, 1822.
claims to land, and establishingland Qfies, in the districts east of the Island of
New Orleans. (a)
Be it enacted by the Senate and House of Representatives of the United derived toland
Claimsfrom
Y
States of America, in Congress assembled, That all the claims to land British or Span-
said to be derived from the British or Spanish authorities, reported tore iah authorities,
reported to the
the commissioner of the general land office by the registers and re- commissioner
ceivers of the land office at St. Helena Courthouse and at Jackson of the general
Courthouse, in the district east and west of Pearl river, appointed un- land office, &c.
der the authority of an act, entitled "' An act for adjusting the claims which, in their
I opinion, are
to land, and establishing land offices, in the districts east of the Island valid, c., re-
of New Orleans," which are contained in the several reports of the cognised as
registers and receivers, and which are, in the opinion of the registers &c. complete titles,
and receivers, valid, agreeably to the laws, usages, and customs, of the Act of March
said governments, be, and the same are hereby, recognised as valid and 3, 1819, ch. 100.
complete titles, against any claim on the part of the United States, or
right derived from the United Slates.
SEC. 2. And be it further enaeted, That all the claims reported as All claims re-
aforesaid, and contained in the several reports of the said registers and ported, &c.
founded on or-
receivers, founded on orders of survey, requettes, permission to settle, ders of survey,
or other written evidences of claims, derived from the Spanish au- requettes, &c.
thorities, which ought, in the opinion of the registers and receivers, toeSpanish
derivedfromthe
autho-
be confirmed, shall be confirmed in the same manner as if the title ies, & . con-
had been completed: Provided,That the confirmation of all the said firmed.
claims provided for by thii act, shall amoupt only to a relinquishment Proviso.
for ever, on the part of the United States, of any claim whatever to the
tract of land so confirmed or granted.
SEC. 3. And be-itfurther enacted, That every person, or his or her Every person,
legal representative, whose claim is comprised in the lists or registers of &c. whose
claim is com-
claims reported by the registers and receivers, and the persons embraced prised inthe
in the lists of actual settlers, or thbir legal representatives, not having any lists, &c., if so-
written evidence of claim reported as aforesaid, shall, when it appears tuaUy inhabit-
tog, &c. on or
by the said reports, or by the-said lists, that the land claimed or settled on before April
had been actually inhabited or cultivated by such person or persons in 15, 1813, en-
whose right he claims, on or before the fifteenth day of April, one thou- titled to a grant,
sand eight hundred and thirteen, be entitled to a grant for the land so &c.
claimed or settled on as a donati6n: Provided, That not more thfn one Proviso.
tract shall be thus granted to any one person, and the same shall not con-
tain more than sixthundred and forty adres; and that no lands shall be
thus granted which are claimed or recognised by the preceding sections
of this act, or by virtue of a confirmation under an act, entitled "An act Act of March
for adjusting the claims to land, and establishing land offices, in the dis- 3, 1819, oh. 100.
tricts east of the Island of New Ofleans," approved on the third day of
March, eighteen hundred and nineteen: And provided, also, That no Proviso.
claim shall be confirmed where the quantity was not ascertained, and re-
(a) See notes of the acts relating to th, adjustment of land claims in Louisiana, act ofMarch 3, 1819.
oh. 100. See also, The United States v. sing et al., 3 Howard, 773.

708 SEVENTEENTH CONGRESS. Sass. 1. Ci. 128. 1822.
port made thereon by the registers and receivers, prior to the twenty-fifth
day of July, one thousand eight hundred and twenty.
Registers and SEC. 4. And be itfurther.enacted,That the registers and receivers of
receivers, ex- thpulc ony
cept inre- the public moneys of the said respective districts, except in relation to
to perfect tides, perfect titles, as recognised in the first section of this act, and the first
as recognised, section of the act of the third day of March, one thousand eight hundred
&c. empowered
to direct the and nineteen, shall have power to direct the manner in which all lands
manner in claimed in virtue of the preceding sections shall be located and surveyed;
which the lands and also to direct the location and manner of surveying all the claims
shall belocated.. to land recognised by the second, third, and fourth, sections of an act,
Act of March entitled "An act for adjusting the claims to land, and establishing land
3, 1819, ch. 100. offices, in the districts east of the Island of New Orleans," approved on
the third day of March, one thousand eight hundred and nineteen, having
regard to the laws, usages, and customs, of the Spanish government on
that subject; and having regard also to the mode adopted by the govern-
ment of the United States in surveying the claims to land confirmed by
virtue of the second and third sections of an act of Congress, entitled
Act of March "An act regulating the grants of lands, and providing for the disposal of
3o1803, ch. 27. the lands, of the United States, south of the state of Tennessee, ap-
proved on the third March, one thousand eight hundred and three. And
The registers that, in relation to all such claims which mfy conflict, or in any manner
and receivers interfere, the said registers and receivers of public moneys of the respec-
may decide on
conflicting tive districts shall have power to decide between the parties, and shall,
claims, &c. in their decision, be governed by such conditional lines or boundaries
as may have been agreed on between the parties, either verbally or in
writing, at any time prior to the passage of this act. But, upon the de-
cision of those claims alluded to, which may conflict or interfere, and in
relation to which the parties interested have agreed on no conditional
lines or boundaries as to the manner of locating the same; the said re-
gisters and receivers of the respective districts shall make an equal di-
vision of the land claimed, so as to allow each party his or their improve-
Proviso. ments: Provided,however, That, should it be made appear, to the satis-
faction of the register and receiver of public moneys of the respective
districts, in any such case, that the subsequent settler had obtruded on
the claim of the former, and had made his establishment after having
been forbid so to do, the said registers and receivers of public moneys
shall have power to decide between the parties, according to the circum-
stances of the case and the principles of justice.
Patents for SEC. 5. And be it further enacted, That patents shall be granted for
lands to be
granted as for all lands confirmed by virtue of the provisions of this act, in the same
lands confirmed manner as patents are granted for lands confirmed under former acts, to
under former which this is a supplement.
act.Persons enti- SEc. 6. And be itfurther enacted, That to every person who shall ap-
tled to tracts'to pear to be entitled to a tract of land, under the second and third sections
be furnished
with certifi- of this act, a certificate shall be granted, by the register and receiver of
cates. the district in which the land lies, setting forth the nature of the claim
and the quantity allowed; for which certificate the party in whose favour
Fees. it issues shall pay one dollar, to be divided between the said receiver
and register.
The Presi- SEC. 7. And be it further enacted, That the President of the United
dent authorized States be, and he is hereby, authorized to remove the land office from
to remove the
land office from St. Helena Courthouse to such other place, within the said districts, as
St. Helena he may deem suitable and convenient.
Courthouse,&c. APPROVED, May 8, 1822.

SEVENTEENTH CONGRESS. SEss. I. Ca. 129. 1822. 709
STATUTE I.
CHAP. CXXIX.-.n .&t for ascertainingclaims and titles to land within the ter- May 8, i822.
ritory of Florida. (a) The PrsI-
Be it enacted by the Senate and House of Representatives of the United dent, &c.to ap-
States of America, in- Congress assembled, That, for the purpose of pointthreecom-
(a) The decisions of the courts of the United States upon claims and titles to land in the territory of
Florida, have been:
After the acquisition of Florida by the United States, in virtue of the treaty with Spain, of 22d of
February, 1819, various acts of Congress were passed for the-adjustment of private land claims, within
the ceded territory. The tribunals authorized to decide on them, were not authorized to settle any
which exceeded a league square ; on those exceeding that quantity, they were directed to report, espe-
cially, their opinion, for the future action of Congress. The lands embraced in the larger claims were
defined by surveys, and plats retained ; these were reserved from saie, and remained unsettled until some
resolution should be adopted for a final adjudication of them, which was done by the passage of the law
of the 22d of May, 1828. By the sixth section it was provided, " that all claims to land within the ter-
ritory of Florida, embraced by the treaty, which shall not be finally decided and settled under the pro-
visions of the same law, containing a greater quantity of land than the commissioners were authorized
to decide, and above the amount confirmed by the act, and which have not been reported as antedated,
or forged, shall be received and adjudicated by the judges of the superior court of the district in which
the land lies, upon the petition of the claimant, according to the forms, rules and regulations, conditions,
restrictions and regulations prescribed to the district judge, and to the claimants, by the act of 26th May,
1824. By a proviso, all claims annulled by the treaty, and all claims not presented to the commission-
ers, &c., according to the acts of Congress were excluded. United States v. Arredondo et al. 6 Peters, 706.
The grant of the king of Spain to F. M. Arredondo and Son, for land at Alachua, in Florida, gave
a valid title to these claimants under the grant, according to the stipulations under the treaty between
the United States and Spain, of 1819. By the laws of nations, of the United States, and of Spain, a con-
cession or condition becomes absolute, where the condition is performed. Ibid. 691.
The original concession by governor Coppinger, on the petition of George J. F. Clarke, was made
on the 17th of December, 1817, of twenty-six thousand acres of land, in the places he solicited in his
petition, and a complete title was made of twenty-two thousand acres, part of the same, in December,
1817. Twenty thousand acres, part of the whole concession, were sold by the appellee. The other
four thousand were surveyed in conformity with the decree of 17th December, 1817, and a complete title
to the same was made by governor Coppinger, on the 4th of May, 1818. By the court-The claimant
cannot avail himself of the grant of the 4th of May, 1818, made after the 24th of January, 181S, the time
limited by the Florida treaty. He must rest his claim on the concession made on the 17th of December,
1817, United States v. Clarke, 8 Peters, 436.
The validity of concessions of land, by the authorities of Spain, in East Florida, is expressly recog-
nised in the Florida treaty, and in the several acts of Congress. Ibid.
The eighth article allows the owners of land the same time for fulfilling the conditions of their grants
from the date of the treaty, as is allowed in the grant from the date of the instrument. And the act of
the 8th of May, 1822, requires every person claiming title to lands under any patent, grant, concession,
or order of survey dated previous to the 24th of January, 1818, to file his claim before the commission-
ers, appointed in pursuance of that act. All the subsequent acts on the subject, observe the same lan-
guage; and the titles under these concessions have been uniformly confirmed, when the tract did not
exceed a league square. Ibid.
A claim- to lands in East Florida, the title to which was derived from grants by the Creek and
Seminole Indians, ratified by the local authorities of Spain, before the cession of Florida by Spain to
the United States, confirmed. Mitchel et al. v. The United States, 9 Peters, 711.
It was objected to the title claimed in this case, which had been presented to the superior court of
Middle Florida, under the provisions of the acts of Congress for the settlement of land claims in Florida,
that the grantees did not acquire, under the Indian grants, a legal title to the land. Held: that the acts
of Congress submit these claims to the adjudication of this court as a court of equity; and those acts,
as often and uniformly construed in its repeated decisions, confer the same jurisdiction over imperfect,
inchoate and inceptive titles, as legal and perfect ones; and require the court to decide by the same
rules on all claims submitted to it, whether legal or equitable. Ibid.
In the case of the United States s. Arredondo, 6 Peters, 691, the lands granted had been in the posses-
sion and occupation of the Alachua Indians, and the centre of the tract was an Indian town of that
name. But the land had been abandoned, and before any grant was made by the intendant, a report
was made by the attorney and surveyor general on a reference to them, finding the fact of abandonment;
on which it was decreed that the lands had reverted to, and become annexed to the royal domain. Ibid.
By the common law, the king has no right of entry on lands which is not common to his subjects; the
king is put to his inquest of office, or information of intrusion, in all cases where a subject is put to his
action; their right is the same, though the king has more convenient remedies in enforcing his. If the
king has no original right of possession to lands, he cannot acquire it without office found, so as to
annex it to his domain. Ibid.
The United States have acted on the same principle in the various laws which Congress have passed
in relation to private claims to lands in the Floridas; they have not undertaken to decide for themselves,
on the validity of such claims, without the previous action of some tribunal, special or judicial. They
have not authorized an entry to be made on the possession of any person in possession, by colour of a
Spanish grant or title ; nor the sale of any lands as part of the national domain ; with any intention to
impair private rights. The laws which give jurisdiction to the district courts of the territories to decide
in the first instance, and to thiscourt on appeal, prescribe the mode by which lands which have been posses-
sed or claimed to have been granted pursuant to the laws of Spain, shall become a part of the national
domain; which, as declared in the seventh section of the act of 1824, is a "final decision against any
claimant pursuant to any of the provisions of the law. " Ibid.
30

710 SEVENTEENTH CONGRESS. SEss. 1. Cm. 129. 1822.
missioners
ascertainingfor ascertaining the claims and titles to lands within the territory of Florida,
claims and titles as acquired by the treaty of the twenty-second of February, one thousand
to lands in eight hundred and nineteen, there shall be appointed, by the President
Florida. of the United States, by and with the advice and consent of the Senate,
One uniform rule seems to have prevailed in the British provinces in America, by which Indian lands
were held and sold, from their first settlement, as appears by their laws; that friendly Indians were pro-
tected in the possession of the lands they occupied, and were considered as owning them by a perpetual
right of possession in the tribe or nation inhabiting them as their common property, from generation to
generation, not as the right of the individuals located on particular spots. Subject to this right of pos-
session, the ultimate fee was in the crown and its grantees; which could be granted by the crown or
colonial legislatures while the lands remained in possession of the Indians; though possession could not
be taken without their consent. ibid.
Individuals could not purchase Indian lands without permission or license from the crown, colonial
governors, or according to the rules prescribed by colonial laws; but such purchases were valid with such
license, or in conformity with the local laws; and by this union of the perpetual right of occupancy with
the ultimate fee, which passed from the crown by the license, the title of the purchaser became com-
plete. Ibid.
Indian possession or occupation was considered with reference to their habits and modes of life; their
hunting grounds were as mubh in their actual possession as the cleared fields of the whites; and their
rights to its exclusive enjoyment in their own way, and for their own purposes, were as much respected
until they abandoned them, made a cession to the government, or an authorized sale to individuals. "In
either case their rights became extinct, the lands could be granted disencumbered of the right of occu-
pancy, or enjoyed in full dominion by the purchases from the Indians. Such was the tenure of Indian
lands by the laws of Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina, and Georgia. Ibid.
Grants made by the Indians at public councils, since the treaty at Fort Stanwick's, have been made
directly to the purchasers, or to the state in which the land lies, in trust for them, or with directions
to convey to them ; of which there are many instances of large tracts so sold and held; especially in
New York. Ibid.
It was the universal rule that purchases made at Indian treaties, in the presence, and with the appro-
bation of the officer under whose direction they were held by the authority of the crown, gave a valid
title to the lands; it prevailed under the laws of the states after the revolution ; and yet'continues in
those where the right to the ultimate fee is owned by the states, or their grantees. It has been adopted
by the United States : and purchases made at treaties held by their authority, have been always held
good by the ratification of the treaty, without any patent to the purchasers from the United States. This
rule in the colonies was founded on a settled rule of the law of England, that by his prerogative the king
was the universal occupant of all vacant lands in his dominions, and had the right to grant them at his
pleasure, or by his authorized officers. Ibid.
When the United States acquired and took possession'of the Floridas, the treaties which had been
made with the Indian tribes before the'acquisition of the territory by Spain and Great Britain, remained
in force over all the ceded territory as the laws which regulated the relations with all the Indians who
were parties to them ; and were binding on the United States, by the obligation they had assumed by
the Louisiana treaty, as a supreme law of the land, which was inviolable by the power of Congress.
They were also binding as the fundamental law of Indian rights, acknowledged by royal orders, and
municipal regulations of the provinces, as the laws and ordinances of Spain in tht ceded provinces, which
were declared to continue in force by the proclamation of the governor in taking possession of the pro-
vince; and by the acts of Congress which assured all the inhabitants of protection in their property. It
would be an unwarranted construction of these treaties, laws, ordinances and municipal regulatiohs, to
decide that the Indians were not to be maintained in the enjoyment of all the rights which they could
have enjoyed under either, had the province remained under the dominion of Spain. It would be rather
a perversion of their spirit, meaning and terms, contrary to the injunction of the law under which the
court acts, which makes the stipulations of any treaty, the laws and ordinances of Spain ; and these acts
of Congress, so far as either apply to this case, the standard rules for its decision. Ibid.
The treaties with Spain and England before the acquisition of Florida by the United States, which
guarantied to the Seminole Indians their lands according to the right of property with which they pos-
sessed them, were adopted by the United States; who thus became the protectors of all the rights they
had previously enjoyed, or could of right enjoy under Great Britain or Spain, as individuals or nations,
by any treaty, to which the United States thus became parties in 1803. Ibid.
The Indian right to the lands as property was not merely of possession, that of alienation was con-
comitant; both were equally secured, protected, and guarantied by Great Britain and Spain, subject only
to ratification and confirmation by the license, charter or deed from the governor representing the king.
Such purchases enabled the Indians to pay their debts, compensate for theintdepwedations on the traders
resident among them, to provide for their wants; while they were available to the purchasers as payment
of the considerations which at their expense had been received by the Indians. It would have been
a violation of the faith of the government to both, to encourage traders to settle in the province, to put
themselves and property in the power of the Indians, to suffer the latter to contract debts, and when
willing to pay them by the only means in their power, a cession of their lands, withhold an assent to the
purchase, which by their laws or municipal regulations was necessary to vestatitle. Such a course was
never adopted by Great Britain in any of her colonies; nor by Spain in Louisiana or Florida. Ibid.
The laws made it necessary, when the Indians sold their lands, to have the deeds presented to the
governor for confirmation. The sales by the Indians transferred the kind of right which they possessed;
the ratification of the sale by the governor must be regarded as arelinquishment of the title of the crown
to the purchaser; and no instance is known where permission to sell has been "refused, or of the rejec-
tion of an Indian sale." Ibid.
In the present case the Indian sale has been confirmed with more than usual solemnity and publicity;
it has been done at a public council and convention of the Indians conformably to treaties, to which the

SEVENTEENTH CONGRESS. SEss.I. Q.129. 1822. 711
three commissioners, who shall receive, as compensation for the duties en-
joined by the provisions of this act, two thousand dollars- each, to be paid Their
To pay.
open an
quarterly, from the treasury; who shall open an office for the adjudica- office at Pensa-
tion of claims, at Pensacola, in the territory of West Florida, and St. cola.
king was a party, and which the United States adopted; and the grant was known to both parties to the
treaty of cession. The United States were not deceived by the purchase, which they knew Was subject
to the claim of the petitioner, or those from whom he purchased; and they made no stipulation which
should put it to a severer test than any other; and it was made to P house whicbh, in consideration of its
great and continued services to the king and his predecessor, had deservhdly-given them high claims as
well on his justice as his faith. But if there could be a doubt that the evidence in the record did not
establish the fact of a royal license or assent to this purchase, as a matter of specific and judicial belief,
it would be presumed as a matter of law arising from the facts and circumstances of the case, which are
admitted or unquestioned. ibid.
AS decided by the Supreme Court, the law presumes the existence in the provinces of an officer
authorized to make valid grants; a fortiori, to give license to purchase and to confirm ; and the treaty
designates the governor of West Florida as-the proper officer-to make grants of Indian lands by confir-
mation ; as plainly as it does the governor of East Florida to make original grants, or the intendant of
West Florida to grant royal lands. & direct grant from the crown, of lands in a royal haven may be
presumed on an uninterrupted possession of sixty years; on a prescriptive possession of crown lands for
forty years. Ibid.
The length of time which brings a given case within the legal presumption of a grapt, charter or
license, to validate a right long enjoyed, is not definite, depending on its peculiar circumstances. Ibid.
Juan Percheman claimed two thousand acres of land lying in the territory of Florida, by virtue of a
grant from the Spanish governor, made in 1815. His title consisted of a petition presented by himself
to the governor of East Florida, praying for a grant of two thousand acres, at a designated place, in
pursuance of the royal order of the 29th of March, 1815, granting lands to the military who were in St.
Augustine during the invasion of 1812 and 1813; a decree by the governor, made 12th December, 1815,
in conformity to the petition, in absolute property, under the authority of the royal order, a certified
copy of which decree and of the petition was directed to be issued to him from the secretary's office,
in order that it may be to him in all events an equivalent of a tide in form; a petition to the governor,
dated 31st December, 1815, for an order of survey, and a certificate of a survey having been made on
the .20th of August, 1819, in obedience to the same. This claim was presented, according to law,
to the register and receiver of East Florida, while acting as a board of commissioners to ascertain claims
and titles to lands in East Florida. The claim was rejected by the board, and the following entry made
of the-same. "In the memorial of the claimant tp this board, he speaks of a survey made by authority
in 1829. If this had been produced, it would have furnished some support for the certificate of Aguilar.
As it is, we reject the claim." Held, that this was not a final action on the claim, in the sense those
words are used in the act of the 26th of May, 1830, entitled "An act supplementary to," &c. United
States v. Percheman, 7 Peters, 51.
A: grant of land in Florida within the Indian boundary, by the governor, acting under the crown of
Spain before the cession of Florida to the United States, was confirmed to the grantee, by the decree
of the judge of the eastern district of Florida. The decree was affirmed on appeal. The United States
v. Fernkndez, 10 Peters, 303. .
The subject of grants of land within the Indian boundary, which had not by any official act been
declared a part of the royal domain, was fully and ably considered in the case of Johnson v. M'Intosh,
8 Wheat. 543 ; 5 Cond. Rep. 515. Every European government claimed and exercised the right of grant-
ing lands, while in the occupation of the Indians. Ibid.
The grants of lands in the possession of the Indians by the governor of Florida, under the crown of
Spain, were good to pass the right of the crown. The grants severed them from the royal domain, so
that they became private property ; which was not ceded to the United States by the treaty with Spain.
id.
The Supreme Court cannot attach any condition to a grant of absolute property in the whole of the
land. This grant was made by the governor of East Florida in absolute property, with a promise of a
title in form. He was the exclusive judge of the conditions to be imposed on his grant, and of their
performance. The United States r. Segui, 10 Peters, 306.
A grant of land by the governor of East Florida, in consideration of services to the Spanish govern-
ment, made before the cession of the territory of Florida to the United States, confirmed. The United
States v.Chaires, 10 Peters, 308.
Under a grant of the governor of Florida, prior to the cession of the same to the United States, of
sixteen thousand acres of land, for the purpose of erecting a water-mill, a survey of five hundred and
twenty acres was made ; and at another place, a survey of fifteen thousand six hundred and thirty acres
was also ,Aade. The Supreme Court held, that the first survey of five hundred and twenty acres was
valid, and that the survey of fifteen thousand four hundred and eighty acres was invalid ; but that the
grantee has a title to fifteen thousand four hundred and eighty acres of vacant land; which he has a
right to have surveyed, adjoining the survey of five hundred and twenty acres. The United States v.
Seton, 10 Peters, 309.
Under a Spanish grant of five miles square, ten thousand acres were surveyed at one place, and six
thousand acres were surveyed at another place, as the whole quantity of ungranted land could not be
found together. The grant was confirmed. The United States v. Sibbald, 10 Peters, 313.
A grant of land was made by governor Coppinger, in June, 1828. The grant was made tb the appel-
lee, on his stating his intention to build a saw-mill. The decree grants to the petitioner "1license to
construct a water-saw mill, on the creek known by the name of Pottsburg, bounded by the lands of
Strawberry Hill, and this tract not being sufficienf, I grant him the equivalent quantity in Cedar Swamp
about a mile east of M'Queen's mill, but with the precise condition that, as long as he does not erect
said machinery, this grant will be considered null, and without value nor effect until that event takes

712 SJiVENTEENTH CONORRSS. SEss. I. CH. 129. 1822.
Augustine, in East Florida, under the rules, regulations, and conditions,

hereinafter prescribed.
To appoint SEe. 2. And be it further enacted, That it shall be the duty of said
a secretary. commissioners to appoint a suitable and well qualified secretary, who
place ; and then in order that he may not receive any prejudice from the expensive expenditures which
he is preparing, he will have the facility of using the pines and other trees comprehended in the square
of five miles, or the equivalent thereof, which five miles are granted to him in the mentioned place, the
avails of which he will enjoy without any defalcation whatever." By the Court-The judge of the
superior court construed this concession to be a grant of land, and we concur with him. United States
v. Richard, 8 Peters, 470.
A grant of land in East Florida was made by the governor, before the cession of Florida by Spain to
the United States, on conditions which were not performed by the grantee within the time limited in
the grant; or any exertions made by him to perform them. No sufficient cause for the non-performance
of the conditions having been shown, the decree of the Supreme Court of East Florida, which con-
firmed the grant, Wvasreversed. United States v.Mills' Heirs, 12 Peters, 215.
A grant for land in Florida by governor Coppinger, on condition that the grantee build a mill, withL.
in a period fixed in the grant, was declared to be void ; the grantee not having performed the condi-
tino, or shown sufficient cause for its non-performance. United States v. Kingsley, 12 Peters, 476.
Under the Florida treaty, grants of land made before the 24th January, 1818, by his Catholic majesty,
or by his lawful authorities, stand ratified and confirmed to the same extent that the same grants would
be valid if Florida had remained under the dominion 6f Spain ; and the owners of conditional grants
who have been prevented from fulfilling all the conditions of their grants, have time by the treaty ex-
tended to them to complete such conditions. That time as was declared by the Supreme Court in Ar-
redondo's case, 6 Peters, 691, began to ruA in regard to individual rights, from the ratification of the
treaty; and the treaty declares, if the conditions are not complied with, within the terms limited in the
grant, that the grants shall be null and void. Ibid.
A grant by governor Coppinger' of fourteen thousand five hundred acres of land, in East Florida,
part of thirty thousand acres granted in consideration of services to the crown of Spain, and the offi-
cers of Spain, which had been surveyed, by the appointed officer, confirmed. Levy V. Arredondo, 12
Peters, 218.
The court refused to allow a survey of land to be made to make up for a deficiency in the survey of
fourteen thousand five hundred acres, in consequence of part of the land included therein being covered
with water, and being marshes. Even if a survey had not been made under the concession, it would
not be competent for the superior court of East Florida, or for the Supreme Court, to designate a new
location varying from the original'concession, as any such variation would be equivalent to a new grant.
Ibid.
A concession was made by the governor of Florida, before the cession of Florida to the United
States, on condition that the grantee should erect a water saw-mill, " and with the precise condition,
that until he executes the said machinery, the grant to be considered void, and without effect, until that
event takes place." The mill was never erected, and no sufficient reason shown for its non-erection.
The court held that the concession gave no title to the land. United States v.Drummond, 13 Peters,
84.
A grant of land in, East Florida, by the Spanish governor, on the condition that a Water saw-mill
should be erected on the land, declared void ; the condition of the grant not having been performed ac-
cording to the terms of the grant. United States v.Burgevin, 13 Peters, 85.
A grant by governor Coppinger of fourteen thousand five hundred acres of land, in East Florida, part
of the thirty thousand acres, granted in consideration of services to the crown of Spain and the officers of
Spain, which had been surveyed by the appointed officer, confirmed. The United States v.Moses E.
Levy, 13 Peters, 81.
The court refused to allow a survey of land to be made, to make up for a deliciency in the survey
of fourteen thousand five hundred acres, in consequence of part of the land included therein being
covered with water, and being marshes. Even if a survey had not been made under the concession,
it would not be competent for the superior court of East Florida, or for the Supreme Court, to desig-
nate a new location varying from the original concession, as any such variation would be equivalent to a
new grant. Ibid.
A grant of land by Estrada, the governor of East Florida, was made on the 1st of August, 1815, to
Elizabeth Wiggins, on a petition, stating, that "4owing to the diminution of trade, she will have to
devote herself to the pursuits of the country.) The grant was made for the quantity of land appor-
tioned by the regulations of East Florida to the number of the family of the grantee. It was regu-
larly surveyed by the murveyor general, according to the petition and grant. No settlement or improve-
ment was ever made by the grantee, or by any one acting for her, on the property. In 1831, Elizabeth
Wiggins presented a petition to the superior court of East Florida, praying for a confirmation of the grant;
and in July, 1838, the court gsve a decree in favour of the claimant. On an appeal to the Supreme Court of
the United States, the decree of the superior court of East Florida was reversed. The court held, that
by the regulations established on the 25th November, 1818, by governor Coppinger, the grant had become
void, because of the non-improvement, and the neglect to settle the land granted. The United States
v.Elizabeth Wiggins, 14 Peters, 334.
The existence of a foreign law, especially unwritten, is a fact to be proved like any other fact, by
appropriate evidence. 'Ibid.
A copy of the decree by the governor of East Florida, granting land to a petitioner while Spain had
possession of the territory, certified by the secretary of the government to have been faithfully made
from the original in the secretary's office, is evidence in the courts of the United States. By the laws
of Spain, prevailing in the province at that time, the secretary was the proper officer to give copies;
and the law trusted him for this particular purpose, so far as he acted under its authority. The origi-
nal was confined to the public office. ibid.

SEVENTEENTH CONGRESS. SEss. I. CH.129. 1822. 713
shall record, in a well-bound book, all and every their acts and proceed- Duties of the
ings, the claims admitted, with those rejected, and the reason of their ad- secretary.
mission or rejection. He shall receive as a compensation for his services, His compen-
one thousand two hundred and fifty dollars, to be paid quarterly, from sation.
The eighth article of the Florida treaty stipulates, that " grants of land made by Spain, in Florida,
after the 24th of January, 1818, shall be ratified and confirmed to the persons in possession of the land,
to the same extent that the same grants would be valid, if the government of the territory had remained
under the dominion of Spain." The government of the United States may take advantage of the non-
performance of the conditions prescribed by the law relative to grants of land, if the treaty does not
provide for the omission. Ibid.
In the cases of Arredondo, 6 Peters, 691, and Percheman, 7 Peters, 54, it was held, that the words in
the Florida treaty, " shall be ratified and confirmed ;" in reference to perfect titles, should be construed,
" are ratified and confirmed.2 The object of the court in these cases was to exempt them from the
operation of the eighth article, for that they were perfect titles by the laws of Spain, when the treaty
was made ; and that when the soil and sovereignty of Floridawere ceded by the second article, private
rights of property were, by implication, protected. By the law of nations, the rights to property are
secured when territories are ceded; and to reconcile the eighth article of the treaty with the law of
nations, the Spanish side of the article was referred to in aid of the American side. The court held,
that perfect titles " stood confirmed" by the treaty; and must be so recognised by the United States,
in our courts. Aid.
Perfect titles to lands, made by Spain in the territory of Florida before the 24th January, 1818, were
intrinsically valid, and exempt from the provision of the eighth article of the treaty; and they need no
sanction from the legislative or judicial departments of the United States. Ibid.
The eighth article of the Florida treaty was intended to apply to claims to land whose validity
depended on the performance of conditions, in consideration of which the concessions had been made;
and which must have been performed before Spain was bound to perfect the titles. The United States
were bound after the cession of the country, to the same extent that Spain had been bound
before the ratification of the treaty, to perfect them by legislation and adjudication. Ibid.
A grant of land by the government of Florida, made before the cession of Florida to the United
States by Spain, confirmed : every point involved In the case having been conclusively settled by the
court in their former adjudications in similar cases. The United States v.Waterman, 14 Peters, 478.
The Supreme Court, in the case of the United States v. Clark, 8 Peters, 48, say " that if the validity
of the grant depends upon its being in conformity with the royal order of Spain of 1790, it cannot be
supported ;" but immediately proceeds to show, " though the royal order is recited in the grant, that it
was, in fact, founded on the meritorious consideration of the petitioner having constructed a machine
of great value for sawing timber; the recital of the royal order of 1790, in this grant, is entirely im-
material, and does not affect the instrument." Held, the recital of the royal order, in this case, is quite
immaterial. The United States v. Rodman, 15 Peters, 130.
The case of the United States v.Wigging, 14 Peters, 325, which decided that certain proof of the
certificate of Aguilar, secretary of East Florida, was sufficient, cited ; and the decision on that point
affirmed. Ibid.
The Spanish governors of Florida had,by the laws of the Indies, power to make large grants to the
subjects of the crown of Spain. The royal order of Spain of 1790, applied to grants to foreigners.
These grants, before the cession of Florida to the United States, had been sanctioned for many years
by the king of Spain, and the authorities representing him in Cuba, the Floridas, and Louisiana. This
authority has been frequently affirmed by the Supreme Court. Ibid.
An application was made to the governor of Florida, in 1814, stating services performed by the peti-
tioner for the government of Spain, and the intention of the petitioner to invest his means in the erec-
tion of a water saw-mill, and marking the place where the lands were situated which were asked for.
The governor granted the landreferring to the merits and services of the applicant, and in considera-
tion of the advantages which would result to the home and foreign trade by the use proposed to be
made of the land. Held, that this was not a conditional grant; and that no evidence of the erection
of a water saw-mill was required to be given to maintain its validity, or induce its confirmation. Ibid.
John Forbes by memorial to governor Kindelan, the governor of East Florida, set forth, that in 1799,
there had been granted to Panton Leslie and company, for the purpose of pasturage, fifteen thousand
acres of land, which they were obliged to abandon, as being of inferior quality. Forbes, as the suc-
cessor to these grantees, asked to be permitted to abandon these fifteen thousand acres, and in lieu, to
have granted to him ten thousand acres, as an equivalent, on Nassau river. The petition avers that the
object was to establish a rice plantation. The petition was referred to the " Comptroller," who gave it
as his opinion that the culture of rice should be promoted. Governor Kindelan permitted the aban-
donment of the fifteen thousand acres granted before, and in lieu thereof, granted to John Forbes, for
the purpose of cultivating rice, ten thousand acres in the district, on banks of the river Nassau. Sur-
veys of seven thousand acres of land, at the head of the river " Little St. Mary" or 4,St. Mary," and
three thousand acres in " Cabbage Swamp," were made under this grant. No description of the
locality of the land other than that in the certificate of the survey was given ; nor do the surveys prove
that the land surveyed lay in the district of the river Nassau. No evidence was given of the situation
of 4 Cabbage Swamp.5 Held, that these surveys were not made of the land granted by governor Kin-
delan; and according to the decisions of this court on all occasions, the surveys, to give them validity,
must be in conformity with the grants on which they are founded; and to make them the origin of title,
they must be of the land described in the grant of the Spanish government. The United States v.
Forbes, 15 Peters, 173.
The courts of justice can only adjudge what had been granted ; and declare that the lands granted
by the lawful authorities of Spain, are separated from the public domain : but where the land is ex-
pressly granted at one place, they have no power, by a decree, to grant an equivalent at another place,
VOL. IILH
-90 3o 2

714 SEVENTEENTH CONGRESS. SESS 1. CH.129. 1822.
Secretary must the treasury. He shall be acquainted with the Spanish language and
be acquainted before entering on a discharge of the duties of his office, shall take and
with the Spanish subscribe an oath, before some authority competent to administer it,that
language : and
take an oath. he will " well and truly andfaithfully dischargethe duties assignedhim,
and thereby sanction an abandonment of the grant made by the Spanish authorities. The courts of the
United States have no authority to divest the title of the United States in the public lands, and vest it
in claimants; however just the claim may be to an equal value for land, the previous grant of which
has failed. Ibid.
The decree of the superior court of East Florida, by which a grant fot fifty thousand acres of land,
made by governor White, the Spanish governor of East Florida, dated July 29, 1802, was rejected,
affirmed. Buyck v.The United States, 15 Peters, 215.
The land had been granted by governor White, on a petition from the grantee stating his intention to
occupy and improve the same with Bengal negroes, and native citizens of the United States; and stat-
iag that other grants of the same lands had been made, on condition of settlement, which conditions
had not been performed, and such grants were therefore void. The petitioner promised to make the
settlement within an early period after the grant. The governor granted the land, referring to the peti-
tion, also, with the condition that the grantee should not cede any part of the land, without the con-
sent of the government. No endorsement or settlement was at any time made on the land by the grantee.
Held, that the government of the United States were not bound under the Florida treaty, to confirm the
grant. Ibid.
The description of the portion of the land asked for from the Spanish governor, "l lands at Musquito to
fifty thousand acres, south and north of said place," is not sufficiently definite : and from such a descrip-
tion no exception could be made from the public lands acquired by the United States under the Florida
treaty. The regulations for granting lands in Florida by the Spanish authorities, required that grants
should be made in a certain place : and there were no floating rights of survey out of the place desig-
nated in the grant; unless when the land granted could not be got there in its exact quantity, and an
equivalent was provided for. Ibid.
The laws and ordinances of the government of Spain in relation to grants of land by the Spanish
government, must be of universal application in the construction of grants. It is essential to the vali-
dity of such grants, that the'land granted shall be described so as to be capable of being distinguished
from other things of the same kind, or capable of being ascertained by extraneous testimony. Ibid.
The certificate of Don Tomas de Aguilar, secretary of the government and province, of the copy of
the grant of the governor, stating the same "to be faithfully drawn from the original in the secretary's
office under his charge," was legal evidence of the grant; and was properly admitted as such in sup-
port of the same. The United States v.Delespine, 15 Peters, 226.
A grant of ten thousand two hundred and forty acres of land by the Spanish governor of Florida,
which recited among other things, that it was made under a royal 'order of the king of Spain, of 29th
March, 1815, and whica was not in conformity with the grant, but which was made in the exercise of
other powers to grant lands which had been vested in the governor, was not made invalid by the recital
of the royal order as the authority for the grant. The grant recited also, that it was made in considera-
tion of military services 5 and was also in consideration of the surrender of another grant previously
made, which surrender had been accepted by the governor. These were sufficient inducements to the
grant. Ibid.
A claim for land in East Florida, granted by governor White to Daniel O'Hara, rejected by the superior
court of East Florida, and the decree of that court affirmed. O'Hara v.The United States, 15 Peters, 275.
Governor White, on the petition of Daniel 0'Hara, soliciting a grant of fifteen thousand acres, made a
decree granting "6 the lands solicited," "at the place indicated," "9 in conformity with the number of
workers which he may have to cultivate them, the corresponding number of acres may be surveyed to
him," "6 and that he will take possession of the said lands in six months from the date of said grant."
Held, that thisis a decree not granting fifteen thousand acres as asked for; but so much of the place where
it is asked for as shall be surveyed in conformity with the number of workers the grantee may have to
cultitate the land ; the quantity could be determined by the regulation of the governor, made the month
after the grant, and determining the quantity of land to be surveyed according to the number of per-
sons in the family of the grantee, slaves included. That the grant was made before the date of the
regulation, makes no difference. Ibid.
No settlement was made on the lands claimed under the grant. The building of a house on the land
Is but evidence of an intention to make a settlement, but was not a settlement; which required the re-
moval of persons or workers to the land, and cultivating it., ibid.
No claim for the land can be sustained under a grant, or confirmation of a prior grant, made by a
decree of governor Coppinger in 1819, as the same was substantially a violation of the treaty with Spain,
which confirms only giants made before the 24th January, 1818. The prior grant to O'Hara having
become void by the non-performance of the conditions annexed to it, the decree of governor Coppinger,
in 1819, was an attempt to make a new grant. Ibid.
If the grant were not void from the non-performance of the conditions of settlement annexed to
it, the omission to have the land surveyed, and returned to the proper office, would make it void,
unless the grantee had made a settlement; in which event, a survey would be presumed. The grant
was made in the " district of Nassau," &c. This was an indefinite description of the land, as was held
in Buyck v.The United States, decided at this term. Ibid.
A concession of lands, by the council at St. Augustine, was not authorized by the laws of Spain,
relative to the granting and confirming land titles. The United States v.Delespine, 15 Peters, 319.
When a grant of land is indefinite as to its location, or so uncertain as to the place where the lands
granted are intended to be surveyed, as to make it impossible to make a survey- under the terms of the
grant with certainty, the grant will not be confirmed. Ibid.
The act of Congress of 26th May, 1830, requires that all claims to lands which have been presented to

SEVENTEENTH CONGRESS. Sess. I. CH. 129. 1822. 715
and translateall papers that may be requiredof him by the commission.
ers."
SEc. 3. And be it further enacted, That said commissioners, pre-
viously to entering on a discharge of the duties assigned them, shall,
the commissioners, or to the register and receiver of East Florida, and had not been - finally acted
upon," should be adjudicated and settled, as prescribed by the act of 1828. There was no direct limi-
tation as to the time in which a claim should be presented. Ibid.
When a petition for the confirmation of a claim to lands in Florida was presented, and was defective,
and the court allowed an amended petition to be filed, it would be too strict to say the original petition
was not the commencement of the proceeding, but that the amendment allowed by the superior court
should be taken as the date -when the claim was first preferred. ibid.
When certain testimonials of title under a Spanish grant had been admitted, without exception, before
the commissioners of the United States for the adjustment of claims to lands in Florida, and before the
superior court in Middle Florida, without objection as to the mode and form of their proof; the Supreme
Court, on an appeal, will not interfere with the question as to the sufficiency ofthe proof, or the authen-
ticity of the act, relating to the title which had been admitted by the authorities in Florida, which was
the tribunal to judge of the evidence. ibid.
Breward petitioned the governor of East Florida, intending to establish a saw-mill to saw timber in St.
John's river, for a grant of five miles square of land, or its equivalent; ten thousand acres to be in the
neighbourhood of the place designated, and the remaining six thousand acres in Cedar Swamp, on the
west side of St. John's river, and in Cabbage Hammock on the east side of the river. The governor
granted the land asked for, on the condition that the mill should be built ; and the condition was com-
plied with. On the 27th of May, 1817, the surveyor general surveyed seven thousand acres under the
grant, including Little Cedar Creek, and bounded on three sides by Big Cedar Creek, including the mill.
This grant and survey were confirmed. The United States v. Breward, 16 Peters, 143.
Three thousand acres were laid off on the northern part of the river St. John's, and east of the royal
road, leading from the river to St. Mary's, four or five miles from the first survey. This survey having
been made at a place not within the grant, was void : bat the court held that the grantee isto be allowed
to survey under the grant, three thousand acres adjoining the survey of seven thousand acres, if so
much vacant land can be found ; and patents for the same shall issue for the land, if laid out in confor-
mity with the decree of the court in thiscase. Ibid.
In 1819, two thousand acres were surveyed in Cedar Swamp, west of the river St. John's, at a place
known by the name of Sugartown. This survey was confirmed. Ibid.
Four thousand acres, by survey, dated April, 3819, in Cabbage Hammock, were laid out by the sur-
veyor general. This survey was confirmed. ibid.
By the eighth article of the Florida treaty, all grants of lands made before the 24th of January, 1824,
by his Catholic majesty, were confirmed ; but all grants made since the time when the first proposal
by his majesty for the cession of the country was made, are declared and agreed by the treaty to be void.
The survey of five thousand acres having been made at a different place from the land granted, would if
confirmed be a new appropriation of so much land, and void if it had been ordered by the governor of
Florida ; and of course it is void, having nothing to uphold it but the act of the surveyor general.
Ibid.
In the superior court of East Florida, the cous4l for the claimant offered to introduce testimony in
regard to the survey of three thousand acres; and the counsel of the United States withdrew his
objection to the testimony. The admission of the evidence did not prove the survey to have been
made. Proof of the signature of the surveyor general to the return of survey made the survey prima
facie evidence. Ibid.
The proof of the signature of Aguilar to the certificate of a copy of the grant by the governor of
East Florida, authorizes its admission in evidence; but this does not establish the validity of the coi-
cession. To -testthe validity of the survey, it was necessary to give it in evidence; but the survey did
not give a good title to the land. Ibid.
The United States have a right to disprove a survey made by the surveyor general, if the survey on
the ground does not correspond to the land granted. bid.
On a petition from Pedro Miranda, stating services performed by him for Spain, governor White, the
governor of East Florida, on the 26th November, 1810, made a grant to him of eight leagues square,
or three hundred and sixty-eight thousand six hundred and forty acres of land on the waters of Hillsbo-
rough and Tampa Bay, in the eastern district of Florida. No survey was made under this grant while
Florida remained a province of Spain, nor was any attempt made to occupy or survey the land, until
after the cession of Florida to the United States. In 1821, it was alleged that a survey was made by a
surveyor of East Florida. Held, that the grant was void ; no land having been severed from the public
domain previous to the 24th January, 1818, and because the calls of the grant are too indefinite for
locality to be given to them. The United States v. Miranda, 16 Peters, 153.
The settled doctrine of the Supreme Court, in respect to Florida grants, is, that grants embracing a
wide extent of country, or with a large area of natural or artificial boundaries, and which granted
lands were not surveyed before the 24th of January, 1818, and which are without such designation as
will give a place of beginning for a survey, are not lands withdrawn from the maps of vacant lands,
ceded to the United States in Florida, and are void; as well on that account as for being so uncertain
that locality cannot be given to them. Ibid.
On the 6th of &pril, 1816, a grant was made by the governor of Florida, of five miles square, or
sixteen thousand acres of land, on condition that a mill should be built. The grant of six thousand
acres was for land on Doctor's branch, where the mill was intended to be erected. The ten thousand
acres were granted on the north-east side on the lagoon and of India river. The six.thousand acres were
seureyed in 1819, on Doctor's branch, and the mill was built. The survey under this grant was confirmed.
The United States v. Low et al. 162.
According to the strict ideas of conforming a survey to a location, in the United States, the survey
of ten thousand acres should be located adjoining the natural object called for, there being no other to

716 SEVENTEENTH CONGRESS. SEss. 1. CH. 129. '1822.
Commission- before the jvdge of the territorial court at Pensacola, or some other autho-
ers to&c.
oath, take an rity inhis absence,competent to administer it,
yinhsasnecoptntoamnseittaeaoahfihultod- take an oath faithfully to dis-
charge the duties of their offices, and shall commence and hold their ses-
sions onor before the first Monday of July next, at Pensacola, and on the first
aid and control the general call ; and therefore, the head of the lagoon would necessarily have formed
one boundary. But it is obvious, more latitude was allowed in the province of Florida, under the
government of Spain. The surveyor general having returned that the survey was made according to
the grant, and in the absence of other contradictory proof,the claim was confirmed. Ibid.
A grant of five miles square, or sixteen thousand acres of land, was made by the Spanish governor of
East Florida, at the mouth of the river Santa Lucia. The petition for the grant stated various merits
and losses of the petitioner, and asked the grant of five miles square, for the construction of a water
saw-mill. The grant was given for the purpose mentioned, "1and also paying attention to the services
and other matters set forth in the petition." No survey under the grant was made by the surveyor gen-
eral of Florida; but a survey was made by a private surveyor. The survey did not follow the calls of
the grant, and no proof was given that it was made at the place mentioned in the grant. The survey and
plat were not made according to the established rules relative to surveys to be made by the surveyor
general under such grants. Nor was the plat made with the proportion of land on the river required
by the regulations. The superior court of Florida held that the grant having been made in considera-
tion of services rendered by the grantee, as well as for a water saw-mill, it was valid without the
erection of the mill ; but the survey was altogether void, and of no effect. The decree of the superior
court of Florida, by which the grant and survey were confirmed, was remanded to the superior court
of Florida; that court to order the sixteen thousand acres granted, to be surveyed according to the
principles stated in the opinion of the Supreme Court. It has often been held that the authorities of
Spain had the power to grant the public domain in accordance with their own ideas of the merits and
considerations presented by the grantee; and that the powers of the Supreme Court of the United States
extend only to the inquiry, whether, in fact, the grant had been made, and its legal effect when made,
in cases where the law by implication introduced a: condition, or it was peculiar in its provisions. No
special ordinance of Spain introduces conditions into mill grants. The United States v. Hanson, 16
Peters, 196.
The certificate of a private surveyor, that he had permission from the governor of the territory to
make a survey of the land granted, is no evidence of the fact. There is a marked and wide difference
in the effect of the certificate of the surveyor general and of a private individual, who assumes to cer-
tify without authority. Ibid.
A grant by a Spanish governor of Florida meant not, as in the states of the United States, a perfect
title ; but an incipient right, which,when surveyed, required confirmation by the governor. The duty
of confirmation by the acts of Congress is deputed to the courts of justice of the United States, in
execution of the treaty with Spain. Ibid.
The sanie credence that was accorded to the return of the surveyor general by the Spanish govern-
ment, is due to it by the courts of the United States. Plats and certificates, because of the official
character of the surveyor general, have accorded to them the force and character of a deposition. Ibid.
A grant of fifteen thousand acres by the Spanish governor of East Florida, in consideration of im-
portant services performed in behalf of the government of Spain, to George Atkinson, confirmed by
the Supreme Court. By the eighth article of the Florida treaty, no grants of land made after the 24th
of January, 1818, were valid; -nor could a survey be valid on lands other than those authorized by the
grant. Still the power to survey in conformity to the concessions existed up to the change of flags.
The United States v.Clarke, 16 Peters, 228.
Spain had the power to make grants founded on any consideration and subject to any restrictions
within her dominions. If a grant was binding on that government, it is so on the United States, the
successor of Spain. All the grants of land made by the lawful authorities of the king of Spain, be-
fore the 24th of January, 18I, were by the treaty ratified and confirmed to the owners of the lands.
Ibid.
The grant to Atkinson was for the land he mentioned in his petition, or for any other lands that were
vacant. Three surveys were made of the lands within the quantity granted, not at the place specially
mentioned in the grant, but at other places. Held, that these surveys were valid, notwithstanding that
they were made at different places. Ibid.
A. claim for eight thousand acres of land in East Florida, founded on a petition of Domingo Acosta to
governor Coppinger, made on the 20th of May, 1816. The petition stated that services had been per-
formed by the claimant for the defence, support and advancement of the town of Fernandina, which
had never been rewarded. Governor Coppinger gave a decree in favour of the petitioner, " it being the
will of the sovereign that the merits of his subjects should be rewarded." The originals of the
petition and decree were not produced, they having been lost; but a certificate signed by Don Thomas
Aguilar, the secretary of the government, was exhibited, which stated that the copies of the petition
and decree, which were given in evidence, had been faithfully drawn from the originals in his office.
Four plats and certificates of survey, made by Clarke, surveyor of the province ; two of which surveys
were made before the 24th January, 1818, and one on the 14th February, 1818 ; another on the 20th
January, 1820; were given in evidence without objection, in the court below, to show the location of
the land claimed. The decree of the superior court of Florida, in favour of the claimant, was affirmed.
The United States v.Acosta, 17 Peters, 16. S.C.1 How.25.
The official certificates of the secretary of the government of Florida, during the dominion of Spain
over the territory, after evidence that no originals .could be found in the proper office, was sufficient
evidence of the copies of the petition and decree of the governor; no proof having been given to con-
tradict or impair the force of the same. ibid.
The governor of the territory of Florida, as the deputy of the king of Spain, was the sole judge of
the merits on which the claim stated in the petition was founded; and he had undoubted power to
reward the merits of the grantee. This has been so decided in many cases. Ibid.
Although in the governor's decree, there may be no description of any place where the land granted

SEVENTBENTH CONGRESS. Sass. I. C. 129. 1822.
Monday of January thereafter, at St. Augustine, for the ascertaining and Time of the
sessions ofcom-
determining of all claims to land within said territories; notice of which missioners, &c.
shall be given, by said commissioners, in some newspaper printed at Notice to be
each place, or if there be no newspaper, at the most public places in said given of the
time of the ses-
cities, respectively, of the time at which their sessions will commence, sions, &c.
requiring all persons to bring forward their claims, with evidence ne- Session at St.
cessary to support them. The session at St. Augustine shall terminate Augustine to
on the thirtieth of June, one thousand eight hundred and twenty-three, terminate on
June 30, 1S23.
when said commissioners shall forward to the Secretary of the Treasury, Commission-
to be submitted to Congress; a detail of all they have done, and deliver ers to forward
over to the surveyor all the archives, documents, and papers, that may be a detail of their
proceedings,
in their possession. &c.
SEc. 4. And be it further enacted, That every person, or the heirs or Persons, &c.
representatives of such persons, claiming title to lands under any claiming title to
lands under any
patent, grant, concession, or order of survey, dated previous to the twenty- patent, &c. da-
fourth day of January, one thousand eight hundred and eighteen, which ted previously
were valid under the Spanish government, or by the law of nations, and to Jan. 24,
1818, valid, &c.
which are not rejected by the treaty ceding the territory of East and and not reject-
West Florida to the United States, shall file, before the commissioners, ed by the treaty
his, her, or their, claim, setting forth, particularly, its situation and boun- ceding the Flo-
rid-as, to file
daries, if to be ascertained, with the deraignment of title,,where they their claims,
are not the grantees, or original claimants; which shall be recorded &c.
by the secretary, and who, for his services, shall be entitled to demand Claims to be
recorded.
from the claimants ten cents for each hundred words contained in said Fees.
papers so recorded; he shall be also entitled to twenty-five cents foreach
subpoena issued: Provided, That if the amount so received shall exceed Proviso.
one thousand two hundred and fifty dollars, which is hereby declared the
compensation for his services, the excess shall be reported to the com-
missioners, and be subject to their disposition; and said commissioners
shall proceed to examine and determine on the validity of said patents,
grants, concessions, and orders of survey, agreeably to the laws and ordi-
nances heretofore existing of the governments making the grants, re-
spectively, having due regard, in all Spanish claims, to the conditions and
stipulations contained in the eighth article of a treaty concluded at
Washington, between his Catholic majesty, and the United States, on the
twenty-second of February, one thousand eight hundred and nineteen; Claims not
but any claim not filed previous to the thirty-first day of May, one thou- filed prior to
sand eight hundred and twenty-three, shall he deemed and held to be May 31, 1823,
void.
void and of none effect: Provided,nevertheless, and be it further enacted, Proviso.
That in all claims submitted to the decision of the commissioners,
where the same land, or any part thereof, is claimed by titles emanating
both from the British and Spanish governments, the commissioners shall
not decide the same, but shall report all such cases, with an abstract of
the evidence, to the Secretary of the Treasury.
SEc. 5. And be it further enacted, That the commissioners shall have Powers ofthe
power to inquire into the justice and validity of the claims filed with them; commissioners.
and shall be, and are hereby, authorized to administer oaths, to compel
the attendance of witnesses by subpmnas issued by the Secretary, and the
adduction of such testimony as may be wanted; they shall have access
to all papers and records of a public nature relative to any land titles
within said provinces, and to make transcripts thereof. They shall ex-
amine into claims arising under patents, grants, concessions, and orders
should be located, still it is binding as far as it went. The surveyor general having been ordered to survey
the land solicited, on places vacant, and without injury to third persons, the acts of this officer came
in aid of the decree. ibid.
The surveyor general having executed the governor's decree before the flags of the United States
and Spain were exchanged, all the surveys became valid. That there were several surveys, is no objec-
tion to their validity. ibid.
The plats of the surveys having been read in the court below, without objection, the proofs author-
ized the decree. Ibid.

SEVENTEENTH CONGRESS. Snss.I. RaS. 1. 1822.
of survey, where the survey has been actually made previous to the twenty-
fourth January, one thousand eight hundred and eighteen, whether they
are founded upon conditions, and how far those conditions have been
complied with: and if derived from the British government, how far they
have been considered valid under the Spanish government; and if satis-
fied that said claims be correct and valid, shall give confirmation to them:
Proviso. Provided, That such confirmation shall only operate as a release of any
interest which the United States may have, and shall not be considered
Proviso; as as affecting the rights of third persons: A ndprovided, That they shall not
to claims to be have power to confirm any claim or part thereof where the amount claimed
confirmed, is undefined in quantity, or shall exceed one thousand acres; but in all
such cases shall report the testimony, with their opinions, to the Secretary
of the Treasury, to be laid before Congress for their determination.-
shall
Fees to wit- Every witness attending under any process from the commissioners,
nesses,&c. be allowed one dollar a day, and one dollar for every twenty miles travel ;
Commission- to be paid by the party summoning him: Provided,nevertheless, That the
ers not to act commissioners shall not act on, or take into consideration, any British
Bris g.ran grant, patent, warrant, or order of survey, but those which are bona fide
&c., but those claimed and owned by citizens of the United States, and which have
claimed and never been compensated for by the British government.
owned by citi- SEc. 6. And be itfurther enacted, That there shall be appointed by
zena of' thle
United States, the President of the United States, by and with the advice and consent
&c. of the Senate, a surveyor, who shall possess the power and authority, and
The Presi- receive the same salary, as by law appertains to the surveyor south of the
dent and Sen-
ate to appoint a State of Tennessee ; but his duties shall not commence until the com-
surveyor, &c. missioners shall have examined and decided upon the claims in West
Surveyor's Florida, who shall thereupon furnish the surveyor with a list of those
ddties, admitted, and he shall thereupon proceed to survey the country, taking
care to have surveyed, and marked, and laid down, upon a general plan,
to be kept in his office, the metes and bounds of the claims so admitted;
causing the same to be surveyed at the expense of the claimants, the price
Surveys at whereof shall be the same as is paid for surveying the public lands; but
the expense of
the claimants, no surveyor shall charge for any line except such as may be actually run,
&c. nor for any line not necessary to be run. He shall appoint a suitable
Surveyor
appoint to
depu- number of deputies, and shall fix and determine their fees: Provided,
ties. That the whole cost of surveying shall not exceed four dollars a mile:
And provided also, That none other than township lines shall be run where
None other the land is deemed unfit for cultivation: Said surveyor shall reside atsuch
than township
lines to be run; place as the President of the United States may direct, and shall keep
and surveyor to his office there, and may charge the following fees, to wit: for recording
resie, &c. as the plat and surveys of private claims made by any of his deputies, twenty-
the President
may direct. five cents for each anile contained in the boundary of such survey, and
Surveyor's twenty-five cents for any copy certified from the books of his office.
fees for record- APPROVED, May 8, 1822.
ing, &c.
RESOLUTIONS.
Jan. 11, 1822. I. RESOLUTION providing for the distributionof the secret journal and foreign
correspondenceof the old Congress, and of the journal of the convention which
formed the constitution of the United States.
The Presi- Resolved by the Senate and House of Representatives of the United
dent requested States of America, in Congress assembled, That the President of the
to cause each
member and United States be requested to cause to be furnished to each member of
delegate of the the present Congress, and the delegates from territories, who may not be
present Con- entitled to the same under the resolution of Congress, of the twenty-
fled under res- seventh of March, one thousand eight hundred and eighteen, the Presi-
lution of March dent and Vice President of the United States, the executive of each state

SEVENTEENTH CONGRESS. SESS. I. REs. 2,3,4. 1822.
and nz-atory, the attorney general, and judges of the courts of the United 27, 1818, the
Vice President,
States, and the colleges and universities in the United States, each one executive of
copy; for the use of each of the departments, viz : State, Treasury, War, each state and
and Navy, two copies'each; for the use of the Senate, five copies; for territory, &c.,
to be furnished
the use of the House of Representatives, ten copies; and for the library with copies of
of Congress, ten copies, of the secret journals, and of the foreign corres- the secret jour-
pondence, ordered to be printed by the several resolutions of Congress, nals, &c.
passed on the twenty-seventh of March, one thousand eight hundred and
eighteen, and of April twenty-first, one thousand eight hundred and
twenty: Also to each member of the present Congress, who has not re- A copy of the
ceived the same, one copy of the journal of the convention which formed journal of the
convention, &c.
the Constitution of the United States. And that the remaining copies be to each member
preserved in the library, subject to the future disposition of Congress. of the present
ApPROVED, January 11, 1822. Congress, &c.
II. RESOLUTION providingfor the distribution of the marshals' returns of the Feb. 4, 1822.
fourth census.
Resolved by the Senate and Houseof Representatives of the UnitedStates The Secretary
of America, in Congress assembled, That the Secretary of State be instruct- of State to ftr-
nish each mem-
ed to furnish to each member of the present Congress, and the delegates ber and dele-
from territories, the President and Vice President of the United States, gate of the pre-
the executive of each state and territory, the attorney general, and judges sent Congress,
&c., with copies
of the courts of the United States, and the colleges and universities in of the marshals'
the United States, each one copy; for the use of the departments, viz : returns of the
State, Treasury, War, and Navy, five copies each; for the use of the fourth census,
&c.
Senate, five copies; ant for the use of the House of Representatives, ten
copies, of the marshals' returns of the fourth census; and that the residue
of the copies of the said returns be deposited in the library of Congress.
APPaOVED, February 4, 1822.
III. RESOLUTON directiffng the classification andprinting of the accounts of the March 30, 1822.
several manufacturing establishments and their manufactures, colketed in
obedience to the tenth section of the act to providefor taking the fourt- census.
States of America, in Congress assembled, That the Secretary of State of State to
cause to be
be directed to cause to be classified and reduced to snmh form as he may classified and re-
deem most conducive to the diffusion of informatior', the accounts of the duced to form,
several manufacturing establishments, and their manufactures, taken in &c., the ac-
counts of manu-
pursuance of the tenth section of the act, entitled:" An act to provide for facturing estab-
taking the fourth census or enumeration of the inhabitants of the United lishments and
States, and for other purposes," approved the fourteenth of March, one their manufac-
tures, &c.
thousand eight hundred and twenty, and that he cause fifteen hundred Act of March
copies of the digest, so to be made, to be printed, subject to the disposi- 14,1820, ch. 24.
tion of Congress.
AP'ROVD, March 30,1822.
IV. REsoLuTIoN providing for the security in the transmission of letters, ifc.,
April 26, 1822.
in the public mails.
Resolved by the Senate and House of Representativesof the' United The Postmas-
States of America, in Congress assembled, That it shall be the duty of ter General to
the Postmaster General to introduce, as soon as conveniently may be, on introduce, &c.
R. Imlay's plan
one or more of the most exposed routes, Richard Imlay's plan of copper of copper cases,
cases, secured in iron chests, with inside locks and sliding bars in such &c., to test, &c.
a way as to test its efficacy in preventing robberies of the mail: Provided, Proviso.
The extra expense for each mail carriage shall not exceed one hundred
and fifty dollars.

ACTS OF THE SEVENTEENTH CONGRESS
OF THE
UNITED STATES,
Passed at the second session, which was begun and held at the City of
Washington, in the District of Columbia, on llonday the second day
of December, 1822, and ended on the third day of M1arch, 1823.
JAMES MONROE, President; DANIEL D. TOMPKINS, Vice President of the

United States, and President of the Senate; JOHN GAILLARD, Presi-
dent of the Senate pro tempore; PHILIP P. BARBOUR, Speaker of the
House of Representatives.
STATUTE II.
Dec. 20, 1822. CHAP. -d Act authorizing an additional navalforce for the suppession of
Piracy.
President au-
thorized to pur- Be it enacted by the Senate andHouse of Representatives of the United
chase or con- States of America, in Congress assembled, That the President of the
struct vessels, United States be, and he hereby is, authorized to purchase or construct a
to fit, equip, and sufficient number of vessels, in addition to those now employed, of such
man them for
immediate ser- burthen and construction as he may deem necessary, and to fit, equip, and
vice, for repres- man the same for immediate service, for the purpose of repressing piracy,
sing piracy, &c. and of affording effectual protection to the citizens and commerce of
Act of March
3, 1825, ch.101, the United States in the Gulf of Mexico, and the seas and territories
see. 2. adjacent.
Shc. 2. And be it further enacted, That the sum of one hundred and
Appropriation
for such ex- sixty thousand dollars be appropriated to meet the expenditure to be in-
penditure. curred as aforesaid, and paid out of any money in the treasury, not other.
wise appropriated.
APi'ROVED, December 20, 1822.
STATUTE II.
Jan. 14, 1823. CHAP. 11.-Jn Act concerning the apportionment of representatives in the state
[Obsolete.]
of Alabama. (a)
From the 3d Be it enacted by the Senate andHouse of Representatives of the United
day of March States of America, in Congress assembled, That, from and after the
next, the state
of Alabama to third day of March, one thousand eight hundred and twenty-three, the
have three state of Alabama shall have three members in the House of Representa-
members in the tives, in the Congress of the United States, it appearing, from the returns
House of Rep-
resentatives, of the marshal of Alabama, deposited in the office of the Secretary of
agreeably to the state of the United States, that the said state of Alabama at the passage
act of March 7,
1822, ch. 10.
of the act, entitled "An act for the apportionment of representatives
among the several states, according to the fourth census'" approved March
seven, one thousand eight hundred and twenty-two, was entitled to the
number of three representatives, according to the population of the said
state, and the ratio established by the said act.
(a) By the act of March 2,1819, ch. 47, Alabama was authorized to form a state government for admis-
sion into the Union. By resolution ofDecember 14, 1819, Alabama was admitted into the Union.
720

SEVENTEENTH CONGRESS. SESS. II. CH. 3,5,6,7. 1823.
STATUTE II.
0aP. III.-.n Sct making a partialappropriationfor the support of govern- Jan. 14, 1823.
ment for the year one thousandeight hundred and twenty-three.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Appropriation
States of America, in Congress assembled, That the sum of two hundred for the compen-
sation of the
and sixty-five thousand one hundred and forty dollars be, and the same Senate and
hereby is, appropriated, for the compensation granted by law to the Senate House of Re-
and House of Reprdsentatives: and that the same be paid out of any presentatives.
money in the treasury not othervise appropriated.
APPROVED, January 14, 1823..
STATUTE II.
CHAP. V.-n Sct to continue the present mode of supplying the army of the Jan. 23, 1823.
United States. ",
Be it enacted by the Senate and House of Representativesof the United The 7th, 8th,
9th and 10th
States of America, in Congress assembled, That the seventh, eighth, ninth sections ofact of
and tenth sections of the act, entitled "An act regulating the staff of April 14, 1818,
thearmy," passed April fourteenth, eighteen hundred and eighteen, be, oh. 61, contin-
ued in force for
andthe same are hereby, continued in force for the term of five years, five years, and
anduntil the end of the next session of Congress theeafter. to the end of
APPROVED, January 23, 1823. the next session
of Congress.
STATUTE II.
CHAP. VI.-.n Act to enable the proprietorsof lands held by titles derivedfrom the Jan. 23, 1823.
United States to obtain copies of papers from the proper department,and to declare
the effect of such copies.
Be it enacted by the Senate and House'of Representativesof the United The Secretary
States of America in Congress assembled, That whenever any person of the Treasury
to cause au-
claiming to be interested in, or entitled to land, under any grant or patent thentic copies
from the United States, shall apply to the Treasury Department for copies of papers filed,
of papers filed and remaining therein, in any wise affecting the title to &c., to be made
such land, it shall be the duty of the Secretary of the Treasury to cause &c., and these
copies to be
such copies to be made out and authenticated, under his band and seal, equal evidence
for the person so applying, and such copies, so authenticated, shall be as the original
evidence equally as the original papers. papers.
STATUTE II.
CHAP. VII.-Sn 9ct in addition to "An act to continue in force 'Sn act to protect Jan. 30, 1823.
the commerce of the United States, and punish the crime of piracy,' and, also,
to make furtherprovisionfor punishing the crime of piracy." (a)
Be it enacted by the Senate andHouse of Representatives of the United Act of May.15,
States of America, in Congress assembled, That the first, second, third, 1820, ch. 113.
fThe 1st, 2d,
and fourth sections of an act, entitled" An act to protect the commerce 3d, and 4th
of the United States, and punish the crime of piracy," passed on the sections of act
third day of March, in the year of our Lord one thousand eight hundred of March 3,
and nineteen, be, and the same are hereby, continued in force, in " .
all 1519, ch. '71,
made perpe-
respects, as fully as if the said sections had been enacted without limita- tual.
tion, in the said act, or in the act to which this is an addition, and which
was passed on the fifteenth day of May, in the year of our Lord one
thousand eight hundred and twenty.

VoL. 111.-91 3P

SEVENTEENTH CONGRESS. SEss. IL CH. S. 1823.
STATUTE I.
Jan. 30, 1823. CHAP. VIII.-an Sct to providefor the appointment of an additonaljudge for
[Obsolete.] the Michigan territor , andfor other purposes.
An additional
judge to be ap- Be it enacted by the Senate and House of Representatives of the United
pointed forthe States of Amirica, in Congress assembled, That there shall be appointed
territory of Mi- an additional judge for the Michigan territory, who shall possess and
chigan, within exercise, within the counties of Michilimackinac, Brown, and Crawford,
the counties of
Michilimacki- inthe territory aforesaid, as said counties are now defined and established,
nae, Brown and or may be hereafter defined and establisfied, the jurisdiction and power
Crawford, hay- heretofore possessed and exercised by the supreme court of the said trri-
ing the power
of the supreme tory, and by the county courts of said counties respectively, within the
court of the said counties, and to the exclusion of the original jurisdiction of the said
territory, and of supreme court: and the jurisdiction of the said court, hereby established,
the county
courts. shall be concurrent with the said county courts; but in allsuits, either
Appeals al- at law or in equity, appeals shall be allowed from the decisions of the
lowed from the said -county courts to the court established by this act, in the same man-
county courts to
this court. ner as is provided for appeals from said courts to the supreme court'of
Proviso. said territory; Provided, always, That the said supreme court shall
have full power and authority to issue writs of error to the court estab-
lished by this act, in all civil causes, and to hear and determine the same
when sitting as a supreme court of the territory, according to the Con-
stitution and laws of the United States, and to the statutes adopted and
Proviso. published by the governor and judges of said territory: And provided,
also, That nothing in this act contained shall be construed to give cogni-
sance to the court hereby established, of cases of admiralty and maritime
jurisdiction, nor of cases wherein the United States shall be plaintiffs,
except as hereinafter mentioned.
The supreme SEC. 2. And it be further enacted, That the said supreme court are
court of the ter-
ritory authoriz- hereby authorized, upon the reversal of a judgment of the court estah.
ed, upon the re- lished by this act, to render such judgment as the said court ought to
versal of aof
judgment have rendered or passed, except where the reversal is in favour of the
thicourt, &. plaintiff in the original suit, and the debt or damages to be assessed are
uncertain: in which case the cause shall be remanded to the county
from whence it came, in order to a final determination.
A writ of error SEC. 3. And be it further enacted, That, when any person, not being
shall be no stay
of proceedings an executor or administrator, applies for a writ of error, such writ shall
in the court to be no stay of proceedings in the court to which it issues, unless the
which it issues, plaintiff in error, his agent or attorney, shall give security, to be approved
unless the plain- of by a judge of the said supreme court, which shall be certified on the
tiff in error, his
agent, or attor- back of such writ, that the plaintiff in error shall prosecute his writ to
ney, give secu- effect, and pay the condemnation money, and all costs, or otherwise abide
rity that the the judgment of the court, if he fail to make his plea good; and no cause,
plaintiff in error
shall prosecute except suits in equity, shall be removed to said supreme court from the
his writ to ef- court hereby established, but by writ of error, as herein before provided;
tect. and suits in equity may be removed by appeal, in the same manner as is
No cause, ex-
cept suits in provided for appeals from the county courts to the supreme court.
equity,to be re- SEe. 4. And be it further enacted,That the court established by this act
moved from shall hold one term in each of the counties aforesaid, yearly, at the follow.
this court, but
by writ of error. ing times and places, to wit: at Prairie du Chien, on the second Monday
Suits in equity in May; at Green Bay, on the second Monday in June; and at Mackinac,
may be remov- cai the third Monday in July, in each and every year; and shall then and
ed by appeal. t
This court to there proceed to hear and determine the pleas, process, and proceedings,
hold one term depending therein, in the same manner as the said supreme or county
in each of the courts might, or could have done, in case this act had not been passed;
counties yearly.
The clerks and the clerks of the said county courts shall be clerks of the court
ofthe county hereby established in their respective counties, and shall be entitled to
court to be such fees for their services as may be allowed them by law; and the
clerks of the
court in their officers appointed to execute the process of the said county courts within

SEVENTEENTH CONGRESS. Sass. I. Ci. 9. 1823.
the said counties, are hereby authorized and required to execute the pro- respective
cess of the court hereby established. counties.
SEc. 5. And be it further enacted, That the said court, hereby estab- This court
lished, shall have and possess concurrent jurisdiction with the said su- shall have con-
current juris-
preme court, in and over all actions arising under the acts and laws in diction with the
force, or which may be enacted, for the regulating trade and intercourse supreme court,
with the Indians, and over all crimes and offences which shall be commit- in all actions
under laws re-
ted within that part of the Indian country lying north and west of Lake gulating trade,
Michigan, within the territory of Michigan. &c. with the
SEC. 6. And be it further enacted, That the judge to be appointed by Indians.
The judge to
virtue of this act, shall reside in one of the counties aforesaid, and shall be appointed in
receive the same salary, and payable in the same manner, as is pro- virtue of this
vided and established by law for the judges of the said supreme court of act to reside in
one of the coun-
the Michigan territory, ties.
SEC. 7. And be it further enacted, That this act shall take effect and
be in force, from and after the twentieth day of March next.
STATUTE II.
CHAP. IX.-sln at concerning the disbursement of public money. Jan. 31, 1823.
States of America, in Congress assembled, That, from and after the passing 3, 1797, ch. 20.
No advance
of this act, no advance of public money shall be made in any .case of public mo-
whatever; but in all cases of contracts for the performance of any service, ney to be made.
or the delivery of articles of any description, for the use of the United
Statms, payment shall not exeed [exceed the value of the service render-
ed, or of the articles delivered previously to such payment: Provided, Proviso.
That it shall be lawful, under the especial direction of the President of
the United States, to make such advances to the disbursing officers of
the government as may be necessary to the faithful and prompt discharge
of their respective duties, and to the fulfilment of the public engagements:
And provided also, That the President of the United States may direct Proviso.
such advances as he may deem necessary and proper, to such persons in
the military and naval service as may be employed on distant stations,
where the discharge of the pay and emoluments to which they may be
entitled, cannot be regularly effected.
SEc. 2. And be it further enacted, That every officer or agent of theIdagents of or
officers the
United States, who shall receive public money which he is not authorized United states
to retain, as salary, pay, or emolument, shall render his accounts quarter to account quar-
yearly to the proper accounting officers of the treasury, with the vouchers ter yearly.
necessary to the correct and prompt settlement thereof, within three
months, at least, after the expiration of each successive quarter, if resi-
dent within the United States; and within six months if resident in a
foreign country: Provided, That nothing herein contained shall be con- Proviso.
strued to restrain the secretaries of any of the departments from requiring
such returns from any officer or agent, subject to the control of such
secretaries, as the public interest may require.
Sac. 3. And be it further enacted, That every officer or agent of the Officers or
United States, who shall offend against the provisions of the preceding agents offend-the
mng against
sections, shall, by the officer charged with the direction of the depart- preceding sec-
nient to which such offending officer is responsible, be promptly reported tions, to be
to the President of the ported to re-
. United States, and dismissed from the public ser- promptly the
vice: Provided, That in all cases, where any officer, in default as afore- President, and
said, shall account to the satisfaction of the President for such default, he dismissed from
may be continued in office, any thing in the foregoing provision to the the public ser-
contrary notwithstanding, vise.
SEC. 4. And be it further enacted, That no security given to, Or ob- Proviso.
No seaurity

724 SEVENTEENTH CONGRESS. Szss. II. Ca. 10. 1823.
given to, or obligation entered into, with the government, shall be in any wise impaired,
ligation
igtowith,entered by the dismissing-any officer, or from failure of the President to dismiss
witnthe
into the b
government, to any officer coming under the provisions of this act.
be impaired. APPROVED, January 31, 1823.
STATUTE I.
Feb. 21, 1823. CHAP. X.-.n Set to revive and continue in force certain acts for the
[Expired.] adjustment of land claims in the territory of Michigan. (a)
Act of May Be it enactedby the Senate and House of Representatives of the United
11, 1820, oh. States of America, in Congress assembled, That the act, entitled "An act
85, revived, and
continued in to revive the powers of the commissioners for ascertaining and deciding
force till 1st on claims to land in the district of Detroit, and for settling the claims to
Nov. next. land at Green Bay and Prairie du Chien, in the territory of Michigan,"
approved May the eleventh, one thousand eight hundred and twenty,
Report of the shall be, and the same is hereby, revived, and shall continue in force un-
commissioners til the first day of November next; and it shall be the duty of the said
to be laid be- commissioners, as soon thereafter as may be, to forward their report, as
fore Congress. is required by the second section of said act, to the Secretary of the
Treasury, to be by him laid before Congress at its next session.
Second sec- SEC. 2. And be it further enacted, That the second section of the
tion of the act act, entitled "An act to authorize the granting of patents for land,
of April 23,
1812, ch. 62, to according to the surveys that have been made, and to grant donation
embrace certain rights to certain claimants of land in the district of Detroit, and for
claims, other purposes," approved April twenty-third, one thousand eight hun-
dred and twelve, shall be so construed as to embrace all persons who
have claims confirmed below Milk river point, at the lower end of Lake
St. Clair.
be
Patents to
issued to per- SEc. 3. And be it further enacted, That patents shall, and they are
sons whose hereby directed to, be issued, in the mode pointed out by law in other
claims have cases, to persons whose claims to lands, town or village lots, have been
been filed under
the act of May regularly filed with the commissioners appointed by an act, entitled "An
11, 1820, ch. 85. act to revive the powers of the commissioners for ascertaining and de-
ciding on claims to land in the district of Detroit, and for settling the
(a) Acts relatingto public lands in Michigan:
An act making provision for 'the disposal of the public lands in the Indiana territory, and for other
purposes, March 26, 1804, oh. 35. c
An act supplementary to the act, entitled An act making provision for the disposal of the public
lands in the Indiana territory, and for other purposes,". March 3, 1865, ch. 43.
An act to provide for the adjustment of titles to land in the town of Detroit and territory of Michi-
gan, and for other purposes," April 21, 1806, oh. 43.
An act relating to grants of land in the territory of Michigan, March 3, 1807, ch. 34.
An act supplemental to " An act regulating the'grants of land in the territory of Michigan," April 23,
1808, oh. 67.
An act to authorize the granting of patents for land according to surveys that have been made, and
to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes,
April 23, 1812, ch. 62.
An act allowing further time for entering donation rights to lands in the district of Detroit, March 3,
1817, ch. 99.
An act to revive the powers of the commissioners for ascertaining and deciding claims to land in
the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the
territory of Michigan, May 11, 1820, ch. 85.
An act to annexcertainl ands within the territory ofMichigan to the district ofDetroit, May 11, 1820, ch. 94.
An act to revive and continue in force certain acts for the adjustment of land claims in the territory
of Michigan, February 21, 1823, ch. 10.
An act to alter the lines between the land districts in the territory of Michigan, May 16, 1826,
ch. 56.
An act to confirm claims to land in the territory of Michigan, April 17, 1828, ch. 28.
An act to establish a land office in the territory of Michigan, and for other purposes, February 19,
1831, ch. 27.
An act to change the boundary between the south-eastern and western land district in the territory of
Michigan, June 25, 1834, ch. 72.
Au act to divide Green Bay land district in Michigan, and for other purposes, June 15, 1836, oh. 98.
An act to establish a land office in the territory of Michigan, January 30, 1833, oh. 12.
An act supplementary to "6An act to provide for the adjustment of the titles to land in the town of
Detroit, and territory of Michigan, and for other purposes," passed April 21, 1806. August 29, 1842,
oh. 260.

SEVENTEENTH CONGRESS. SEss. IT Cn. 10. 1823.
claims to land at Green Bay and Prairie du Chien, in the territory of

Michigan," passed on the eleventh day of May, one thousand eight hun-
dred and twenty, and whose claims are contained in the report transmitted
tothe Secretary of the Treasury, and which have been reported favourably
on by said commissioners: and such persons are hereby confirmed in
their claims, agreeably to any surveys heretofore made, or the lines and
boundaries established by the claimants respectively: Provided, That Proviso.
such confirmations shall only amount to a relinquishment forever, on the
part of the United States, and that not more than six hundred and forty
acres shall be confirmed by virtue of any one claim; nor shall more be
confirmed, in any case, than the quantity claimed; nor shall any claim
extend in width more than forty, nor in depth more than eighty, arpents;
nor to land heretofore, and now, reserved by the United States for public
uses.
SEC. 4. And be it further enacted, That wherever it shall appear Claimants
to the said commissioners that any claimant to land, or a town or vii- have been re-
or Prairie du Chien, cannot establish his, her, Med by any
lot, at
lagetheir,
or claim to Bay
Green the same,oin consequence of his, her, or their, re- United States'
moval therefrom by any officer of the United• States' army, it shall army, to have
certificates for
be the duty of the said commissioners to issue a certificate to such any tract of
person or persons, for any tract of land, or village lot, which may have land, &c.which
been occupied by him, her, or them, after such removal, not exceed- pied they after
have occu-
such
ing, in quantity, that originally claimed; on which certificates patents removal.
claims shall be, in all other re-
shall issue, as in other cases; which
spects, subject to the restrictions and provisions of the third section of
this act.
SEc. 5. And be it further enacted, That every person who, on the Occupants of
first day of July, one thousand eight hundred and twelve, was a resi- land in Green
bay, Prairie du
dent of Green Bay, Prairie du Chien, or within the county of Michi- Chien, or
limackinaw, and who, on the said day, occupied and cultivated, or oc- Michilimacki-
cupied a tract of land which had previously been cultivated by said saw, on July
1, 1812, who
occupant, lying within either of said settlements, and who has con- have continued
tinued to submit to the authority of the United States, or to the legal to submit to
representatives of every such person, shall be cbnfirmed in the tract so the huthority of
the United
occupied and cultivated; and the said commissioners, in the adjudicat- States or their
ing on claims to land embraced by this act, are authorized to take into legal represen-
their consideration the evidence and facts collected and reported to them tatives, to be
confirmed in
by the agents of the United States, pursuant to the provisions of the act said land.
of the eleventh of May, one thousand eight hundred and twenty, as well Act of May
as such other and further evidence and testimony as may or shall be ex- 1, 1820, ch. 85.
hibited befote them by the claimants, to support their claims: And the
register of the land office at Detroit is authorized and required to re-
ceive and record all notices and claims to lands provided for by this act,
and which shall be exhibited to him on or before the first day of October.
next : Provided,however, That no person shall be confirmed in a greater Proviso.
quantity than six hundred and forty acres; nor shall any tract, so con-
firmed, exceed eighty arpents from front to rear. And it shall be the
duty of the surveyor general of the United States, under the direction
of the Secretary of the Treasury, to cause the land confiimed by this
act to be surveyed, at the expense of the claimants, respectively; plats
of which shall be returned, as in other cases, and patents therefor shall
be granted to the several claimants in the manner prescribed by law.
Svc. 6. And be it further enacted, That the Secretary of the Trea- An additional
sury shall be, and he is hereby, authorized to allow to the former agent,9 sum be allow-
ed totopersons
and to each of the persons whose duty it is made to carry this law into carrying this
effect, such sum, in addition to the sure allowed by the first recited act, law into effect.
as he may deem just and reasonable.
APPIOVED, February 21, 1823.
38P2

SEVENTEENTH CONGRESS. Sass. I. Cn. 11, 14. 1823.
STA7VTE II.
Feb. 21, 1823. CHAP. XI.--n SCt to divide the state of South Carolina into two judicial
districts. (a)
State of Be it enacted by the Senate andHouse of Representatives of the United
South Carolina States of America, in Congress assembled, That the state of South Ca-
divided into two rolina, be, and the same is hereby divided into two districts, in man-
districts, the
eastern and ner following, that is to say: the districts of Lancaster, Chester, York,
western. Union, Spartanburg, Greenville, Pendleton, Abbeville, Edgefield, New-
berry, Laurens, and Fairfield, shall compose one district, to be called the
western district; and the residue of the state shall form one other dis-
Eastern district, to be called the eastern district. And the terms of the said district
trict court to be
held in Charles- court, for the eastern district, shall be held in Charleston, at such times as
ton, as usual. they are now by law directed to be holden. And for the trial of all such
Western dis- criminal and civil causes, as are by law cognisable in the district courts
trict court to of the United States which may hereafter arise or be prosecuted, or sued,
have one annual within the said western district, there shall be one annual session of the
session at Lau-
rens Court- said district court hoiden at Laurens Courthouse, to begin on the second
house. Monday in May in each year; to be holden. by the district judge of the
United States of the state of South Carolina; and he is hereby authorized
and directed, to hold such other special sessions as may be necessary for
the despatch of tlhe causes in the said court, at such time or times as he
may deem expedient, and may adjourn such special sessions to any other
time previous to a stated session.
APPROVED, February-21, 1823.
STATUTE II.
Feb. 21, 1823. CHAP. XIV.-S2n Set to extend the charter of the Mechanics'Bank of Alexandria,
[Expired.] in the District of CoqJumbia.
Charter of Be it enacted by the Senate and House of Representatives of the United
Mechanics' States of America, in Congress assembled, That the act incorporating
Bank of Alex-
andria extend- the Mechanics' Bank of Alexandria, in the District of Columbia, be, and
ed to March 3, the same is hereby, extended and limited to the third day of March, one
1836.
thousand eight hundred and thirty-six, under and subject to all limitations,
modifications, and conditions, as are enacted and applied to the other in-
corporated banks of the District of Columbia, by an act, entitled "An
act to extend the charters of certain banks in the District of Columbia,"
March 2, which passedthe second day of Match, one thousand eight hundred and
1821, ch. 18.
twenty-one.
- Stockholders
SEC. 2,, And be itfurther enacted, That, if any stockholder or stock-
disagreeiag. holders, in said bank, who have not assented to the renewal of the said
from renewal, charter, shall, within two months from the passing of this act, file Ilis or
may compel the
bank to refund their declaration, in writing, in the said bank, declaring himself or them-
their ,Ir.. selves dissatisfied with said renewal, and hi' or their determination to
withdraw his or their interest from the same; and if the said bank cannot
agree with such stockholder or stockholders, on the amount of such in-
terest, and shall not forthwith pay the same, then it shall be lawful for
the circuit court of the District of Columbia, at Alexandria, on the petition
in writing of such stockholder or stockholders, to appoint three commis-
sioners, whose duty it shall be to ascertain the value of the interest of
such stockholder or stockholders, in said bank, for which purpose such
commissioners shall, tinder the direction of said court, have access to the
books, papers, and accounts, of said bank, and on the report of said com-
missioners, and such other evidence as may be laid before the said court,
the said court shall proceed to ascertain the value of the interest of such
stockholder or stockholdeis in said bank and shall adjudge and decree
the value so ascertained, to be paid to him or them by the said bank,
(a) An act for altdring the times of holding the circuit and district court in the state of South Caro-
lina, May 25, 1824, ch. 145.

SEVENTEENTH CONGRESS. BESS. II. CH. 15, 16. 1823.
and shall have power to enforce such judgment or decree, by execution,

attachment, or other legal process.
SEC. 3. And be it further enacted, That this act be, and the same is This act de-
clared to be a
-hereby declared to be, a public act, and that so much and such parts of public act.
the act incorporating the said Mechanics' Bank of Alexandria, as may Mechanics'
be repugnant to this act, be, and the same is hereby, repealed and an- Bank of Alex-
andria.
nulled.
STATUTE II.
CHap. XV.--An Act supplementary to the several acts for the adjustment of land Feb. 28, 1823.
claims in the state of Louisiana.(a)
Claims for
Be it enacted by-the Senate and House of Representatives of the United certain lands in
States of America, in Congress assembled, That the claims for lands Louisiana con-
within the eastern district of the state of Louisiana, described by the re- firmed.
gister of the land office of the said district, in his report to the Secretary Act of March
2, 1805, ch. 26.
of the Treasury, bearing date the sixth of January, one thousand eight Act ofMarch
hundred and twenty-one, be, and the same are hereby, confirmed, against 3, 1807, ch. 36.
any claim on the part of the United States. Act of May
11, 1820, ch. 87.
SEC. 2. And be it further enacted, That the claims for lands within Claims of
the district north of Red river, in the state of Louisiana, described by the lands north of
register of the land office of the said district, in his report to-the Secre- Red river, con-
firmed.
tary of the Treasury, bearing date the first January, one thousand eight
hundred and twenty-one, and included in the first, second, and third,
classes of *claims, be, and the same are hereby, confirmed against any
claim on the part of the United States, with the exception of the claims
numbered forty and fifty-one in the first class, and of the claims num-
bered forty-four, forty-five, forty-six, forty-seven, and forty-eight, in the
said first class, (which are included in the claim of Baron Bastrop.)
STATUTE II.
CHAP. XVI.-An Act for laying out and making a road,from the lower rapids Feb. 28, 1823.
of the Miami of Lake Erie to the western boundary of the Connecticut western 1845, ch. 16.
reserve, in the state of Ohio, agreeable to the provisions of the treaty of Browns-
town.
Road from the
Be it enacted by the Senate and House of Representatives of the United lower rapids of
States of America, in Congress assembled, That the state of Ohio is the Miami of
hereby authorized to lay out, open, and construct, a road, from the lower Lake Erie, to
Connecticut
rapids of the Miami of Lake Erie, to the western boundary of the Con- western re-
necticut western reserve, in such manner as the legislature of said state serve.
may by law provide, with the approbation of the President of the United'
States; which road, when constructed, shall forever remain a public
highway.
SEc. 2. And be it further enacted, That, in order to enable the state Land granted
for the road,
of Ohio to open and construct said road, a tract of land, one hundred and and expenses.
twenty feet wide, whereon to locate the same, together with a quantity
of land equal to one mile on each side thereof, and adjoining thereto, to
be bounded by sectional lines as run by the United States, to defray the
expenses of making the' said rdad, is hereby granted to said state ; to
-commence at the Miami rapids, and terminate at the western boundary
of the Connecticut western reserve, with full power and authority to sell
and convey the same, and apply the proceeds to the making of said road:
and in case the said tract of land shall sell for a greater sum than shall be
sufficient to complete such road, then the residue thereof shall remain
(a) See notes to act of March 3,1819, ch. 100.

SEVENTEENTH CONGRESS. SEss. I. Cn. 17. 182.
with the state of Ohio, as a fund for the purpose of keeping said road
Proviso. in repair: Provided, That said road shall be made within the term of
Proviso. four years from the passage of this act: Andprovided, None of the land
hereby appropriated for making said road shall be sold for a less price
than one dollar and twenty-five cents per acre.
Lands sold to SEC. 3. And be it further enacted, That, in case any of the lands,
be paid for at a through which it may be thought expedient to open said road, may have
minimum price, been previously sold by the United States, the Secretary of the Treasury
is hereby directed to pay such officer as the state of Ohio may appoint for
that purpose, the net proceeds of the sales of the quantity thus sold at a
minimum price.
When the go- SEC. 4. And be it further enacted, That, whenever the governor of
vernon of Ohio the state of Ohio shall have laid before the President of the United States
shall produce a
survey, and an a survey of the location of said road, accompanied by an act of said state
act of the state accepting said trust, and providing for making said road within the time
shall accept the above limited, and the President shall have approved the same, then the
trust, the Presi-
dent shall stop right of the state to said tract of lanfl shall be considered ascomplete for the
the sale of land. purposes aforesaid; and the President shall direct, that, until the first day
of June, one thousand eight hundred and twenty-three, none of the .pub-
lie lands shall be sold within three miles on each side of a line, to be
drawn direct from the foot of the rapids of the Miami of Lake Erie to the
lower rapids of Sandusky, thence to the western boundary of the Con-
Proviso. necticut western reserve; Provided,That nothing in this act contained,
shall ever hereafter be construed to imply any obligation upon the United
States to grant additibnal lands, or further aids of any sort, towards the
opening, making, or keeping in repair, of the road aforesaid.
STATUTE II.
Feb. 28, 1823. CHAP.XVII.-Sn Sct appropriatingmoney/s for the purpose of repairing the
public roadfrom Dumberlandto Wheeling. (a)
Appropria- Be it enacted by the Senate and House of Representatives of the United
tin for Cum-
berland road. States of America, in Congress assembled, That the sum of twenty-five
thousand dollars, of moneys in the treasury not otherwise appropriated,
be, and the same is hereby, appropriated for the purpose of repairing and
improving the public road from Cumberland to Wheeling, under the
direction of the President of the United States.
entSuperintend-
to be ap- SEc. 2. And be it further enacted, That, for the faithful and speedy
pointed by the accomplishment of this object, the President, with the advice of flhe
President. Senate, shall appoint some fit person as superintendent of the said road,
whose duty it shall be, with all practicable despatch, to contract for, and
personally superintend, the execution of the repairs and improvements
which shall be deemed necessary on the said road, as weBl as to receive,
disburse, and faithfully account with the treasury, lbr the sums of money
which may be received by him in virtue (if this act.
Superintend- SEC. 3. And be it further epacted, That the superintendent, so to be
ent to give
bond. appointed, shall, before he enters upon the discharge of the duties en-
joined by this act, execute [a] bond to the United States, with security, to
be approved of by the Secretary of the Treasury, conditioned for the
faithful discharge of his duties, enjoined by this act; he shall hold his
office during the pleasure of the President, and shall receive, as a com
pensation for his services, the sum of three dollars per day, during the
time he may be employed in the discharge of the duties enjoined by
this act.
APPROVED,- February 28, 182
(a) See notes to the acts which have passed relating to the Cumberland road, vol. ii. 357.

SEVENTEENTH CONGRESS. Sss. Ir.CH. 18, 19,2L 1823.
STATuT' IL
CH"s. XVIII.-Sn. ct to revive, and continue in force, the seventh section f an Feb. 28, 1823.
act, entitled 4,2n act supplementary to the several actsfor the adjust e land
,nt [Expired.]
claims in the state of Louisiana," approved the eleventh May, eighteen hundred
and twenty, andfor other purposes. (a)
Be it enacted by the Senate and House of Representatives of the United Seventh sec-
States of America, in Congress assembled, That the seventh section of tion of Louisia-
na land claim
an act, entitled "An act supplementary to the several acts for the adjust- law continued
ment of land claims in the state of Louisiana," approved the eleventh of in force for
May, one thousand eight hundred and twenty, in relation to back con- eighteen
months.
cessions, be, and the same is hereby, revived, and continued in full force Act of May
and effect, for the term of eighteen months from and after the passing of 11, 1820, ch.87.
this act.
Sac 2. And be it further enacted, That so much of the lot of land Part of navy
on which is situated the navy store-house, in New Orleans, as may be store-house lot
necessary to continue the street now commenced, leading from Condi in New Orleans,
granted to the
street to Market-hall, is hereby granted to, and vested in, the corporation corporation of
of the city of New Orleans, for the purpose of continuing the said street. that city.
STATUTE IL
CHAP. XL.-a/n Act to repeal so much of an act, passed the eighteenth .prih one Feb. 28, 1823.
thousand eight hundred and six, as limits the price of certain lands in the state
of Tennessee.
Be it enacted by the Senate and House of Representatives of the United Part ofa land
States of America, in Congress assembled, That so much of an act law of Tennes-
passed, the eighteenth day of April, one thousand eight hundred and six, see of April 18,
entitled "An act to authorize the state of. Tennessee to issue grants and 1806,ea. 31,
perfect titles to, certain lands therein described, and to settle the claims
to the vacant and unappropriated lands within the same," which provides
"that the lowest price of all lands granted or sold within the ceded terri-
tory shall be the same as shall be established by Congress for the lands
of the United States," be, and the same is hereby, repealed; and the legis-
lature of the state of Tennessee are authorized and empowered to affix
such price to the lands in said ceded territory, as, in their discretion, may
be deemed right and proper; any thing in said act of the eighteenth of
April, one thousand eight hundred and six, to the contrary notwithstand-
ing.
STATUTE II.
CHAP. XX.-AIn Act supplementary to, and to amend an 'izct, entitled "a.n act March 1, 1823.
to regulate 4he collection of duties on imports and tonnage," passed second
March, one thousand seven hundred and ninety-nine, andfor other purposes.
Be it enacted by the Senate and House of Representatives of the United 2, Act of March
1799, ch* 22.
States of America, in Congress assembled, That, from and after the 'From March:I
third day of March next, no goods, wares, or merchandise, subject to ad 2, the true in-S
valorem duty, and imported into the United States, shall be admitted to voice of goods
an entry unless the true invoice of the same be presented to the collector valorem duty to)
at the time of entry, or unless the same be admitted in the mode author- be produced.
ized and prescribed in the next ensuing section of this act: Provided, Proviso.
That this prohibition shall not extend to such goods, waies, or merchan-
dise, as shall have been taken from a wreck.
SEC. 2. And be it farther enacted, That when no invoice has been Owner, im-
received of any goods, wares, or merchandise, imported and subject to prter,
make
&c., to
oath of
.
ad valorem dity as aforesaid, the owner, importer, consignee, or agent, not having re-
(a) See notes to the act of May 11, 1820, ch. 87.
VoL, III.-9t2

SEVENTEENTH CONGRESS. SEss.II. CH. 21. 1823.
ceived invoice, shall make oath of the same, and the collector of the port shall be,
when -the goods
will be admitted and he is hereby, authorized, if in his judgment the circumstances
to an entry under which such goods, wares, or merchandise, shall have been im-
Upon appraise- ported, or any other circumstances connected therewith, render it expe-
ment. dient, to admit the same to an entry, on an appraisment [appraisement]
Proviso. thereof, duly made, in the manner hereinafter prescribed: Provided,The
owner, importer, consignee, or agent, of such goods, wares, or merchan-
dise, shall, previous to such entry, give bond, with sufficient sureties, to
the United States, to produce to such collector the invoice of the same
within eight months from the time of entry, if the same were imported
from any port or place on this side, and within eighteen months, if from
any port or place beyond, the Cape of Good Hope or Cape Horn, or
from the Cape of Good Hope, and to pay any amount of duty to which
it may-appear, by such invoice, the said goods, wares, or merchandise,
were subject, over and above the amount of duties estimated on the said
appraisement.
When goods SEC. 3. And he it frther enacted, That when goods, wares, or mer-
have not been
entered, they chandise, imported into the United States, shall not have been entered in
shall be deposit- pursuance of the provisions of this or any other act regulating imports
ed in the public and tonnage, the same shall be deposited, according to existing laws, in
warehouses un-
tl the invoice the public warehouse, and shall there remain, at the expense and risk of
be produced. the owner, until such invoice be produced: Provided, however, That,
Proviso. when the said goods, wares, or merchandise, shall have remained in the
public warehouse nine months, if imported from any port or place on this
side, and eighteen months, if from any port or place beyond, the Cape of
Good Hope, or Cape Horn, or from the Cape of Good Hope, and no in-
voice shall be produced, then the said goods, wares, and merchandise, shall
be appraised, and the duties estimated thereon in the manner hereinafter
Proviso. directed : Provided also,That nothing herein contained shall be understood
to prohibit the sale of such quantities of goods, stored as aforesaid, as
may be necessary to discharge the duties thereon, and all intervening
charges, at the time or times when such duties shall become due and
Proviso. payable: And provided further, That the collector be, and he is hereby,
authorized to direct an earlier sale of articles of a perishable nature, and
of such as may be liable to waste; first giving such notice of the sale as
circumstances may admit, by public advertisement, in one or more papers,
at or nearest to the port where such sale may be had: which said articles the
collector shall previously cause to be appraised, and the duties estimated
thereon, in the manner hereinafter directed ; and the proceeds of such
sale shall be disposed of at the expiration of the said periods of nine and
eighteen months, respectively, as the case may be, in the manner pre-
Act of March scribed by the fifty-sixth section of the act regulating the collection of
2, 1799, oh. 22, duties on imports and tonnage, passed. the second day of March, one
Proviso.56 thousand seven hundred and ninety-nine: Provided also, That nothing
in this section shall be construed to affect the cases contemplated by the
fifty-sixth section of the act regulating the collection of duties on imports
and tonnage, passed the second of March, one thousand seven hundred
and ninety-nine.
Oath of con- SEC. 4. And be it further enacted,That, in all cases where goods, wares,
signee, import- or merchandise, shall have been imported into the United States, and
tr, or agent, at shall be entered by invoice, one of the following oaths, according to the
nature of the case, shall be administered by the collector of the port at the
time of entry, to the owner, importer, consignee, or agent, in lieu of the
oath now prescribed by law in such case:
Consignee, Importer, or ,Rgent's Oath.
I, , do solemnly and truly (swear or affirm) that the invoice
and bill of lading now presented by me to the collector of ,are
the true and only invoice and bill of lading by me received, of all the

SEVENTEENTH CONGRESS. Sass. 1I. Ca. 21. 1823. 731
goods, wares, and merchandise, imported in the , whereof

is master, from , for account of any person whomsoever, for
whom I am authorized to enter the same; that the said invoice and bill
of lading are in the state in which they were actually received by me, and
that I do not know nor believe in the existence of any other invoice, or
bill of lading of the said goods, wares, and merchandise; that the entry
now delivered to the collector, contains a just and true account of the
said goods, wares, and merchandise, according to the said invoice and
bill of' lading; that nothing has been, on my part, nor, to my knowledge,
on the part of any'other person, concealed or suppressed, whereby the
United States may be defrauded of any part of the duty lawfully due on
the said goods, wares, and merchandise, and that, if, at any time hereafter,
I discover any error in the said invoice, or in the account now rendered
of the said goods, wares, and merchandise, or receive any other invoice
of the same, I will immediately make the same known to the collector of
this district. And I do further solemnly and truly (swear or affirm) that, to
the best of my knowledge and belief, (insert the name and residence of the
owner or owners, is or are) of the goods, wares, and merchandise, men-
tioned in the annexed entry; that the invoice now produced by me ex-
hibits the actual cost, (if purchased,) or fair market value, (if otherwise
obtained,) at the time or times, and place or places, when or where procured,
(as the case may be,) of the said goods, wares, and merchandise, all the
charges thereon, and no other or different discount, bounty, or drawback,
but such as has been actually allowed on the same.
Owner's oath, in eases where goods, wares, or merchandise, have been actually
purchased.
I ,do solemnly and truly (swear or affirm) that the entry now Owier's oath,
delivered by me to the collector of , contains a just and true ac- where goods,
count of all the goods, wares, and merchandise, imported by, or con- purchased.
signed to, me, in the , whereof is mastei, from ; that
the invoice which I now produce, contains a just and faithful account of
the actual cost of the said goods, wares, and merchandise, of all charges
thercon, including charges of purchasing, carriages, bleaching, dyeing,
dressing, finishing, putting up, and packing, and no other discount,
drawback, or bounty, but such as has been actually allowed on the same;
that I do not know nor believe in the existence of any invoice or bill
of lading other than those now produced by me, and that they are in
the state in which I actually received them. And I do further solemnly
and truly (swear or affirm) that I have not, in the said entry or in-
voice, concealed or suppressed any thing whereby the United States may
be dfrauded of any part of the duty lawfully due on the said goods,
wares, and merchandise ; and that if, at any time hereafter, I discover
any error in the said invoice, or in the account now Vroduced,of the said
goods, wares, and merchandise, or receive any other invoice of the same,
I will immediately make the same known to the collector of this
district. (a)
(a) The defendant was indicted for perjury in falsely taking and swearing the "owner's oath in eases
where goods have been actually purchased ;" as prescribed by th6 fourth section of the supplementary
collecion law, of the first of March, 1823. The perjury was charged to have been committed in
April, 1837, at the custom-house in New York, on the importation ofeertain Nodlen goods in the ship Sheri-
dan. The indictment charged the defendant with having intentionally suppressed the true cnst of the
goods, with the intent to defraud the United States. 2. Charging the perjury in swearing to the. truth
of the invoice produced by him at the time of the entry of the goods, the invoice being false. &c. &c.
It appeared by the evidence, that the goods mentioned in the entry had been bbught by the defendant
from John Wood, his father, of Saddleworth, England. No witness was produced by the United States
to prove that the value or cost of the goods was greater than that for which they were entered at the
custom-house in New York. The evidnce of this, offered by the prosecution was, the invoice book of
John Wood, and thirty-five original letters from the defendant to John Wood, between 1S34 and 137,
showiiig a combination between John Wood and the defendant to defraud the United States. by invoic-
ing and entering goods at less than their actual cost; that this combination comprehended "thegoods
imported in the Sheridan ; and that the guods received by that ship had been entered by the defendant,

732 SEVENTEENTH CONGRESS. Spss. II, Cs.2I. 1823.
Manufactur- Manufacturer's or owner's oath, in cases where goods, wares, or merchandise,
er's or owner's have not been actually purchased.
oath, where
goods, &c. have I , do solemnly and truly (swear or affirm) that the entry now
not been pur- delivered by me to the collector of , contains a just and true ac-
chased, count of all the goods, wares, and merchandise, imported by, or con-
signed to, me, in the whereof is master, from ; that
the said goods, wares, -and merchandise, were not actually bought by me,
or by my agent, in the ordinary mode of bargain and sale, but that,
nevertheless, the invoice which I now produce, contains.a just and faith-
ful valuation of the same, at their fair market value, including charges
of purchasing, carriages, bleaching, dyeing, dressing, finishing, putting
up, and packing, at the time or times, and place or places, when and
where procured for my account, (or for account of myself and part-
ners ;) that the said invoice contains also a just and faithful account of
all charges actually paid, and no other discount, drawback, or bounty,
but such as has been actually allowed on the said goods, wares, and
merchandise; that I do not know, nor believe in the existence, of any
invoice or bill of lading, other than those now produced by me, and that
they are in the state in which I actually received them. And I do further
solemnly and truly (swear or affirm) that I have not, in the said entry or
invoice, concealed or suppressed any thing whereby the United States
may be defrauded of any part of' the duty lawfully due on the said goods,
wares, and merchandise, and that if, at any time hereafter, I discover
any error in the said invoice, or in the account now producedaof the
said goods, wares, and merchandise, or receive any other invoice of
the same, I will immediately make the same known to the collector-of
this district.
Modre of esti- SEC. 5. And be it further enacted, That the ad valorem rates of
mating ad vald- duty upon goods, wares, and merchandise, shall be estimated in the man-
rem duty. ner following: to the actual cost, if the same shall have been actually pur-
chased, or the actual value, if the same shall have been procured other-
wise than by purchase, at the time and place, when and where purchased
or otherwise procured, or to the appraised value, if appraised, except in
cases where goods are subjected to the penalty provided for in the thir-
teenth section of this act, shall be added all charges, except insurance;
and, also, twenty per centum on the said cost or value, and charges, if
imported from the Cape of Good Hope, or any place beyond that,
or from beyond Cape Horn, or ten per centum if from any other
he knowing that they had cost more than the prices at which-he had entered them. This evidence was
objected to on the part of the defendant, as not competent proof to convict the defendant of the crime
of perjury ; and that if an inference of guilt could be derived from such proof, it was an inference
from circumstances, not sufficient, as the best legal testimony, to warrant a conviction. Held, That in
order to a conviction, it was not necessary, on the part of the prosecution, to produce a living witness;
if the jury should believe, from the Within testimony, that the defendant made a false and corrupt oath
when he entered the goods. The United States v.Wood, 14 Peters, 430.
The cases in which a living witness to a corpus delicti of the defendant, in a prosecution for perjury,
may be dispensed with, are: all such where a person charged with a perjury by falsely swearing to a
fact directly disproved by documentary or written testimony, springing from himself, with circumstan-
ces showing the corrupt intent : In cases where the perjury charged is contradicted by a public record,
proved to have been well known to the defendant when he took the oath, the oath only proved to have
been taken; in cases where the party is charged with taking an oath contrary to what he must neces-
sarily have known to be the truth, and the false swearing can be proved by his own letters relating to
the fact sworn to, or by other written testimony existing and being found in the possession of the
defendant, and which has been treated by him as containing the evidence of the fact recited in it. Ibid.
The letters of the defendant, sbowing his knowledge of the actual cost of the goods which had been
falsely entered by him, are the best evidence which can be given. This evidence is good under the
general principle that a man's own acts, conduct, and declarations, when voluntary, are always admis-
sible in evidence against him. If the letters of the defendant showed that the invoice book of the
vendor of the goods, containing an invoice of the goods enumerated in the invoice to which the defend-
ant had sworn the ownex's oath, in which book the goods were priced higher in the sale of them to
the defendant, recognised the book as containing the true invoice, his admission supersedes the neces-
sity of other proof to establish the real price given by him for the goods; and the letters and invoice
book in connection preponderate against the oath taken by the defendant, making a living witness to
the corpus delicti charged in the indictment, unnecessary. Ibid. See also Taylor et al. v. The United
States, 3 Howard, 197.

SEVENTEENTH CONGRESS. S I Css. M.
On. 1. 1823.
place or country; and the said rates of duty shall be estimated on such
aggregate amount: Provided, That in all ca ts where any goods, wares, Proviso.
and merchandise, subject to ad valorem duty, shall have been imported
from a country other than that in which the same were manufactured or
produced, the appraisers shall value the same at the current value at the
time of exportation, in the country where the same may have been origi-
nally manufactured or produced.
SEC. 6. And be it further enacted, That no gobds, wares, or merchan- Goods, &c.,
dise, imported into the United States, subject to ad valorem duty, and subject to ad
belonging to a person or persons residing in the United States, but valorem duty,
belonging to
who shall, at the time, be absent from the place where the same are citizens absent
intended to be entered, shall be admitted to an entry, unless the importer, at the time, to
consignee or agent, shall previously give bond, the form of which shall be admitted to
entry, upon
be prescribed by the Secretary of the Treasury, with sufficient sureties, bond of the im-
to produce, within four months, to the collector of the port where the porter, &c., to
said goods, wares, or merchandise, may be, the invoice of the same, duly produce
voice.
the in-
verified, according to the circumstances of the case, by the oath of the
said owner, or one of the-owners, as prescribed ,ha the fourth section of
this act; which oath shall be administered by a-collector of the United
States, if there be any in the place where the said owner or owners may
be; or if there be none, by some public officer duly authorized to ad-
minister oaths.
SEC. 7. And be it further enacted, That no goods, wares, or mer- Goods, &c.
chandise, subject to ad valorem duty, imported as aforesaid,,and belong- not to be ad-
mitted to entry
ing to a person or persons not residing at the time in the United States, unless the in-
and who shall -have -actually purchased the same, shall be admitted to voice be verifi-
ed by owner's
entry, unless the invoice be verified by the oath of the owner, or one of oath.
-the owners, certifying that the said goods, wares, or merchandise, were
actually purchased for his account, or for, account of himself and part-
ners in-the said purchase: that the invoice annexed thereto contains a
true and faithful account of the actual cost thereof, and of all charges
thereon,and that no discounts, bounties, or drawbacks, are contained in
the said invoice, but such as have been actually allowed on the same
Oath to be
which said oath shall be administered by a consul or commercial agent administered by
of the United States: or by some public officer duly authorized to ad- a consul or
minister oaths in the country where the said goods, wares, or merchan- commercial
dise, shall have been purchased, and the same duly certified by the said agent.
consul, commercial agent, or public officer; in whiich latter case, such
official certificate shall be authenticated by a consul or commercial hgent
of the United States : Provided, That if there be no consul or coin- Proviso.
mercial agent of the United States in the country from which the said
goods, wares, or merchandise, shall have been imported, the authentica-
tion hereby required, shall be executed by a consul of a iation at the
time in amity with the United States, if there be any such residing there;
and if there be no such consul in the country, the said authentication
shall be made by two respectable merchants, if any such there be, resid-
ing in the port from which the said goo4s, vares or merchandise, shall
have been imported.
SEC. 8. And be it furtho- enarcted, That no.goods, wares, or mer- No goods,
&c., subiect to
chandise, subject to ad valorem duty, imported as aforcsaid, and belong- ad vaslorem duty
ing to a person or persons not residing at the time in the United States, to be admitted
who mav i.nt navf acquired the same int the ordinary mode of bargaiu to entim, unless
the invoice be
and sale, o .tnging to a person or persons who may be the manulhc- verified liythe
turer or manufacturers, in whole or in part, of the same, shall be admit- ot1ner's oath.
ted to eutry, unless the invoice tbhereof be verified by the oath of the
owner, or of one of the owners; certifying that the invoice contains a
true and faithful account of the said goods, wares, or merchandise, at their
fair market value at the time and place when and where the same were
procured or manufactured, as the case may be, and of all charges thereon;
3Q

SEVENTEENTH CONGRESS. SEss. II. Cn. 21. 1823.
and that the said invoice contains no discounts, bounties, or drawbacks,

but such as have been actually allowed; which said oath shall have been
duly administered and authenticated in the mode prescribed in the
seventh section of this act.
Oath to be to
administered SEC. 9. And be it further enacted, That in all cases where goods,
executors, &c. wares, or merchandise subject to ad valorem duty, imported as aforesaid,
shall belong to the estates of deceased persons or of persons insolvent,
who shall have assigned the same for the benefit of their creditors, the
oaths required by the fourth, seventh, and eighth, sections of this act,
may be administered to the executor, administrator, or assignees, of such
persons in the manner prescribed by this act, according to the nature of
the case.
Secretary of Sac. 10. And be it further enacted, That in all cases where goods,
the Treasury wares, or merchandise, subject to ad valorem duty, imported as aforesaid,
may admit to and belonging to a person or persons not residing in the United States,
entry goods, shall not be accompanied with an invoice verefied [verified] by oath, and
&c., of persons
not residing in authenticated as required by the seventh, eighth, and ninth, sections of
the United this act, as the case may be; or where it shall not be practicable to make
States. such oath, or there shall be an immaterial informality in the oath or
authentication so required, or where the collector of the port at which
the said goods, wares, or merchandise, shall be, shall have certified his
opinion to the Secretary of the Treasury that no fraud was intended in
the invoice of said goods, wares, or merchandise, the Secretary of the
Treasury shall be, and he is hereby, authorized, if he shall deem it expe-
Proviso. dient, to admit the same to an entry: Provided,. That the consignee,
importer, or agent shall, previous to such entry, give bond, the form
whereof shall be prescribed by the Secretary of the Treasury, with suffi-
cient sureties, to produce the invoice, if the same be practicable, sworn
to and authenticated as may be required by this act, according to the
nature of the case, and in the time atid mode prescribed in the second
Proviso. section of this act, in cases where no invoice has been received: And
provided always, That the Secretary of the Treasury shall in no case
admit any goods, wares, or merchandise, to an entry, where there is
just ground to suspect that a frand on the revenue is intended.
Goods, &c., SEC. 11. And be it further enacted, That in all cases where goods,
belonging wares, or merchandise, subject to ad valorem duty, imported as aforesaid,
partly to per-
shall belong in part to a person or persons residing in the United States
sons in the
United States and in part to a person or persons residing out of the United States, the
may he admit- oath of one of the owners residing in the United States, shall be suffi-
ted to entry by cient to admit the same to an entry, according to the provisions.of this
their
oath. act: But it is expressly provided, That, in all cases where the said goods,
Proviso. wares, or merchandise, shall have been manufactured in whole, or in
part, by any one of the owners, residing out of the United States, the
same shall not be so admitted to an entry, unless the invoice shall have
been verefied [verified] and authenticated by such manufacturer in the
manner prescribed in the eighth section of this act.
Invoices not SEC. 12. And be it further enacted, That, whenever the invoice of
verified, and an
entry refused, goods, wares, or merchandise, subject to ad valorem duty, imported as
the goods, &c., aforesaid, and belonging to a person or persons not residing in the United
to be deemed States, shall not have been duly verified and authenticated, and, upon
suspected. application to the Secretary of the Treasury, according to the tenth sec-
tion of this act, the said goods, wares, or merchandise, shall have been
refused an entry, the same shall be deemed suspected, and shall be liable
to the same additions and penalties as are provided in the case of fraud-
ulent invoices in-the following section.
'Goods, &c., SEC. 13. And be it.further enacted,Tha , whenever, in the opinion of
suspected, to be
appraised, and e collector, there shall be just grounds to suspect that goods, wares,
fifty per cent. or merchandise, subject to ad valorem duty, and imported into his district
on the apprais- have been invoiced below their true value, in the place or country from

SEVENTEENTH CONGRESS., SEss. II. C. 21. 1823.
whence they were imported, or originally procured, as the case may be, ed value to be
added, Over and
as prescribed in the fifth section of this act, such collector shall direct the above the ad
same to be appraised in the manner prescribed by Ibis act; and if the valorem duty.
value at which the same shall be so appraised, shall exceed, by twenty-
five per centum, the invoice prices thereof, then, in addition to the ten
or twenty per centum, as the case may be, laid upon correct and regular
invoices, according to law, there shall be added fifty per centum on the
appraised value; on which aggreate [aggregate] amount the duties on
such goods, wares, or merchandise, shall be estimated. Provided, That Proviso.
nothing herein contained shall be construed to impose the said penalty
of fifty per centum for a variance between the bona fide invoice of goods,
produced in the manner specified in the proviso in the fifth section of
this act, and the current value of the said merchandise, in the country
where the same may have been originally manufactured or produced. -
- Sac. 14. And be it further enacted, That, in all cases where the ap- Appraised
praised value-of any goods, wares, or merchandise, appraised under this value of' goods,
&c., within 25
or any other act concerning imports and tonnage, shall exceed, by less per cent. higher
than twenty-five per centum, the invoice value thereof, such appraised than the invoice
value shall be considered the true value of such goods, wares, or mer- value, to be-
considered as
chandise, upon which the duty shall be charged, with the addition of such the true value.
per centum as may be by law, required: Provided,That, in no case, Proviso.
shall the duty be estimated on- an amount less than the invoice value,
with the addition by law required.
SEc. 15. And be it further enacted, That the collectors of the revenue Packages not
shall cause at least one package out of every invoice, and one package, corresponding
with the invoice
at least, but of every twenty packages of each invoice of goods, wares, or to be appraised;
merchandise, imported into their respective districts, which package or any package
packages he shall have first designated on the invoice, to be opened and containing an
article not in
examined, and if the same be found not.to correspond with the invoice the invoice to
thereof, or to be falsely charged in such invoice, a full inspection of all be forfeited.
such goods, wares, or merchandise, as may be included in the same
entry, shall be made; and in case such goods, wares, or merchandise, be
subject to ad valorem .duty, the same shall be appraised, and subjected to
the penalties provided in the thirteenth section, in the case of suspected
or fraudulent invoices; and in every case, whether such goods, wares, or
merchandise be subject to ad valorem or specific duty, if any package
be found to contain any article not described in the invoice, the whole
package shall be forfeited: Provided,That the Secretary of the Treasury Proviso.
be. and he is hereby, authorized to remit the said forfeiture, if, in his
opinion, the said article was put in by mistake, or without any intention
to defraud the revenue.
SEC. 16. And be it further enacted, That, tor the appraisement of President to
appoint apprai-
goods, wares, or merchandise, required by this or any other act concern- sers in Boston,
ing imports and tonnage, the President of the United States, shall, by New York,
and with the advice and consent of the Senate, appoint, in each or tlit Philadelphia,
ports of Boston, New York, Philadelphia, Baltimore, Charleston, Savan- Baltimore,
Charleston, Sa-
nah, and New Orleans, two persons, well qualified to perfori that dots, vannah, and
who, before they enter thereon, shall severally make oath, diligently and New Orleans.
faithfully to examine and inspect such goods, wares, or merchandise, as Appraiser's
oath.
the collector may direct, and truly to report, to the best of their know-
ledge and belief, the true value thereof, according to the provisions of
the fifth section of this act; and when any appraisement is to be made in I iiolier ports
any port other than those above named, the collector shall appoint two collecttr to ap-
respectable resident merchants, who, after having taken the oath required point apprais-
by this section, shall be the appraisers; and the Secretary of the Treasury ers,
shall have authority to direct the appraisers for any collection district,
to attend in any other collection district fbr the purpose of appraising any
goods, wares, or merchandise, imported therein; and the President of
the United States is hereby authorized, in the recess of the Senate, to

SEVENTEENTH CONGRESS. SEss. II. C. 21. 1823.
appoint the appraisers for the ports provided for in this section, which
appointments shall continue in force until the end of the session of Con-
gress thereafter. V
Appraisers, SEC. 17. And be it further enacted, That each of the appraisers, who
salaries. may be appointed under the sixteenth section of this act, for the ports of
New Orleans, Savannah, Charleston, Baltimore, Philadelphia, and Bos-
ton, shall each receive, as a compensation for his services, fifteen hundred
dollars per annum ; and the appraisers for the port of New York shall
each receive two thousand dollars per annum; and the merchants who
may be appointed to act as appraisers under this act, shall receive
for their services, while actually employed on that duty, each, a compen-
sation of five dollars per diem; and whenever the appraisers, appointed
under the sixteenth section of this act, attend in any district, other than
that in which they reside, for the purpose of appraising any goods, wares,
or merchandise, they shall respectively receive at the rate of five dollars
for every twenty-five miles in going to, or returning from, such district, in
addition to the salary or pay provided for in this section.
Owner, &c,, SEC. 18. And be it further enacted, That, in all cases where the
dissatisfied with owner, consignee, importer, or agent, shall be dissatisfied with the ap-
thet appraise-
inent, arase-
maay em-
ismn oof ay
praisement
pa any goods, wares, or merchandise, made by the appraisers
ploy two mer- appointed under the sixteenth section of this act, it shall be lawful for
chants to ex- him to employ, at his own expense, two respectable resident merchants,
amine the goods w
with the ap- who, after being duly qualified, according to the sixteenth section of this
praisers. act, shall, together with the two appraisers appointed on the part of the
United States, under this act, examine and inspect the goods, wares, or
merchandise, in question; and, after such examination and inspection,
Owners, &c. they shall report the value thereof, if they agree therein, and, if not, the
dissatisfied with circumstances of their disagreement, to the collector; and in case such
second ap- owner, consignee, importer, or agent, shall be dissatisfied with such re-
reet ay port and second appraisement, it shall be lawful for him to refer the case
theSecretary of to the Secretary of the Treasury, who shall be, and is hereby, author-
the Treasury. ized and empowered to decide thereon, or to require further testimony in
the case, in such manner as he may deem proper, and to order the said,
goods, wares, or merchandise, to be entered accordingly.
Merchants Sec. 19. And be itfurther enacted, That any merchant, who shall be
chosen and de- chosen by the collector, or by the party in interest, to make any appraise-
clining to assist
subject toa pen- ment required under this or any other act respecting imports and tonnage,
alty. and who shall, after due notice of such choice has been given to him in
writing, decline or neglect to assist at such appraisement, shall be sub-
ject to a penalty not exceeding fifty dollars, and to the costs of prosecu-
tion therefor.
One half the SEc. 20. And be it further enacted,That one half of the excess of
excess of duty duty accruing in consequence of the fifty per cent, added to the value of
from 50 per
cent. to be di- any goods, wares, or merchandise, under the thirteenth section of this
vided among act, shall be divided among the custom-house officers of the port in which
the custom- such goods, wares, or merchandise, may be, in the manner prescribed
house officers.sc odwrs r c i
1799, ch. 22. by the act, entitled " An act 'to regulate the duties on imports and ton-
nage," passed on the second day of March, seventeen hundred and ninety-
Proviso, nine: Provided, That, in no case, shall the appraisers of the said goods,
wares,. or merchandise, be entitled to or'receive any part of the said duty.
Goods, &b. SEC. 21. And be ztfurther enacted, That, before any goods, wares, or,
taken from a merchandise, which may be taken from any wreck, shall be admitted to
wreck to be ap-
praised. an entry, the same shall be appraised, in the'manner prescribed in the
sixteenth section of this act; and the same proceedings shall be ordered
and'executed in all cases where a reduction of duties shall be claimed
on account of damage which any goods, wares or merchandise, shall
have sustained in the course of the voyage; and in all cases where the
owner, importer, consignee, or agent, shall be dissatisfied with such
appraisement,. he shall be entitled to the privileges provided in the
eighteenth section of this act.

SEVENTEENTH CONGRESS. SEss.lI. CH.21. 1823. 737
SEc. 22. And be it further enacted, That, for every verification and Consular fee.
certificate, made under this act, before a consul or commercial agent of
the United States, such consul or commercial agent shall be entitled to
demand and receive, from the person making the same, a fee of two
dollars: Provided, Each shipper shall have the right to include all arti- Proviso.
cles shipped by him in the same invoice.
SEC. 23. And be it further enacted, That, when any goods, wares, or Certificate of
merchandise, shall be admitted to an entry upon invoice, the collector entry.
of the port in which the same are entered, shall certify the same
under his official seal; and no other evidence of the value of such goods, No other evi-
wares, or merchandise, shall be admitted on the part of the owner or deuce admissi-
owners thereof, in any court of the United States, except in corroboration ble.
of such entry.
SEC. 24. And be it further enacted, That any person or persons, who To counter-
shall counterfeit any certificate or attestation made in pursuance of this feit certificate,
act, or use such certificate or attestation, knowing the same to be coun-
felony.
terfeit, shall, upon conviction thereof before any court of the United Punishment.
States having cognisance of the same, be adjudged guilty of felony, and
be fined in a sum not exceeding ten thousand dollars, and imprisoned for
a term not exceeding three years.
SEc. 25. And be it further enacted, That any bond to the United Bond for du-
States, entered into for the paymert of duties by a merchant belonging ties binding on
all the partners
to a firm, in the name of such firm, shall equalk bind the partner or of a company.
partners in trade, of the person or persons by whom such bond shall have
been executed; but no clerk or hired person, in the constant employ- Clerk cannot
ment of another, shall become principal or surety to any bond to which become surety
for his employ-
his employer is a party. er.
SEC. 26. And be itfurther enacted, That no bond for duties on goods, Principal to
wares, or merchandise, imported into the United States, shall be accepted be a resident,
by any collector of the revenue, unless the principal be a resident of the andsureties
ers of the- citi-
United States, and the surety or sureties citizens thereof. United States.
SEC. 27. And be it further enacted, That, in every case where the Duty of 50
owner, importer, consignee, or agent, of any goods, wares, or merchandise, dollars or up-
wrds paid in
imported as aforesaid, and the duty upon which shall amount to fifty dol- cash, entitled to
lars, or upwards, may, at the time of entry, desire to pay the dutiesthere- a discount at
on in..cash, the collector of the port where the said goods, wares or mer- the rate of four
and di- per
an.cent. per
chandise, may be entered, shall be, and he is hereby, authorized
rected to receive the same, and to allow a discount on the amount of the
duties, at the rate of four per centum per annum, for the legal term of
credit which would have been allowed by law on such duties.
SEC. 28. And be itfurther enacted, That all goods, wares, ormerchan- Goods on
dise, imported into the United States, the duties on which shall have which duties
been paid, or secured to be paid, may be transported coastwise, from the have been paid
may be trans-
district into which they were imported to two other districts, and exported into two
ported from either of them with the benefit of drawback: Provided, other districts
That all regulations and formalities now in force, relating to the trans- with benefit of
drawback.
portation of goods, wares, and merchandise, coastwise, from the district Proviso.
into which they were imported to another district, for benefit of draw-
back, and such other regulations as are prescribed under and by virtue of
this act, for the further transportation of such goods, wares, or merchan-
dise, to other districts, shall be complied with: And provided, also,
That all the regulations and formalities now in force, respecting the ex- Regulations.
portation of goods, wares, and merchandise, for the benefit of drawback,
shall be complied with, so far as may be consistent with other provisions of
this act: and the Secretary of the Treasury shall be, and he is hereby, au-
thorized to prescribe the form of the certificate to be used, and of the
oaths to be taken, on the transportation of such goods, wares, or merchan-
dise, from the second district, into which they maybe so brought, to the
third distiict.'
VOL. III.-93 3Q2

738 SEVENTEENTH CONGRESS. Suss.l.. CH.M1. 1823.
Goods so SEc. 29. And be it further enacted, That all goods, wares, or mer-
transported to chandise, subject to ad valorem duty, and intended for exportation, with
be accompa-
nied by a copy benefit of drawbqck, which shall be transported from one district to
another, shall be accompanied by a copy from the invoice, of the cost
from the invoice
certified. thereof, certified by the collector of the district from which they may
have been last re-shipped, which certified copy shall be produced to the
collector of the district from which such goods, wares, or merchandise,
are intended to be exported; arid such goods, waxes, or merchandise, as
well as all such goods, wares, or merchandise, subject to ad valorem duty,
as shall be exported from the district into which they may have been
Inspection. originally imported, shall be inspected by the appraisers at the time of
exportation, in the manner provided by this act, on the importation of such
goods, wares, or merchandise ; and if the same are found not to corres-
pond with the original invoice, the said goods, wares, or merchandise,
shall be subjected to forfeiture, according to the provisions of the eighty-
Act of March fourth section of an act, entitled "An act to regulate the collection of
2, 1799, ch. 22. duties on imports and tonnage," passed the second of March, one thou-
sand seven hundred and ninety-nine.
Twenty days SEC. 30. And be it further enacted, That in all cases of entry of goods,
allowed for tak-
ing the oaths, wares, or merchandise, for the benefit of drawback, the time of twenty days
&c. shall be allowed, from the date of the clearance of the ship or vessel, in
which the same shall have been laden, for taking the oaths, completing the
Proviso. entry, and giving the exportation bonds for the same: Provided,That the
exporter shall have, in every other particular, complied with the regula-
tions and formalities heretofore, and by this act, established for entr~es of
exportation of goods, wares, or merchandise, for the benefit of drawback.
Goods re- SEC. 31. And be it further enacted, That in all cases where goods,
shipped coast- wares, or merchandise, entitled to debenture, shall be re-shipped for
wise,allowedto transportation coastwise, before the necessary certificates are issued by
enter for deben-
ture. the collector of the port where imported, the same shall be allowed to be
entered for debenture, at the district to which they shall be so trans-
Proviso. ported, without forfeiting the benefit of drawback : Provided, That the
person or persons, so entering said goods, wares, or merchandise, shall
produce, from the collector of the port from whence the same shall have
been last shipped, a certificate that the coastwise certificates were not is-
sued at the time of the sailing of the vessel on board which the said
goods, wares, or merchandise, shall have been so shipped, and shall de-
liver the coastwise certificates, required in such cases, to the collector of
the port where the same shall have been so entered, within two months
from the date of entry, and before the said goods, wares, or merchandise,
shall be entered for exportation.
Goods entitled Sue. 32. And be it further enacted, That in all cases where the owner,
to debenture importer, consignee, or agent, of any goods, wares, or merchandise, entitled
may be permit- to debenture, may wish to transfer the same into packages, other than those
ted to be trans-
in which the said goods, wares, or merchandise, were originally imported,
ferred into other
packages. the collector of the port where the same may be, shall permit the said
transfer to-be made, if necessary for the safety or preservation thereof:
Proviso. Provided, That due notice of the same, in writing, setting forth sufficient
cause for the said transfer, be given to the said collector, who shall ap-
point an inspector of the revenue, to ascertain if the said allegation be
true, and, if found correct, to superintend said transfer, and to cause the
rnrks and numbers upon the original packages to be inscribed upon the
packages into which the said goods, wares, or merchandise, shall be
transferred.
The numbers Sue. 33. And be it further enacted,That it shall not be necessary to in-
upon packages, sert the numbers upon packages, ifi any entry of goods, wares, or merchan-
not necessary
to be inserted dise, subject to specific duty on importation or exportation; or to insert
in an entry. any such numbers in any coastwise or other certificate: But it is e-

SEVENTEENTH CONGRESS. SEss. II. Cii. 21. 1823.
pressly provided, That in all cases where a separate [separate] certificate proviso.
may be required for each package, the numbers shall be inserted therein.
SEC. 34. And be it further enacted, That in all cases where, under Spirits end.
existing laws, spirituous liquors, entitled to debenture, shall have been titled to deben-
shipped coastwise, for the purpose of being laden immediately on board tare, may
laden he
without
some vessel in another district, for exportation, the same may be so laden being ware-
on board of such vessel, without having been first deposited in the public housed when
warehouse: Provided, That all other regulations required by law shall shipped coast-
wise.
have been complied with, and that such transportation of said spirituous Proviso.
liquors from the one vessel to the other, be made by the collector's order,
and under ie superintendance [superintendence] of an inspector of the
revenue, and that a careful examination be made by him of the identity
of the same, and of the quantity, quality, and packages, thereof.
SEc. 35. And be it further enacted,That all penalties and forfeitures, Penalties and
incurred by force of this act, shall be sued for, recovered, distributed, and forfeitures.
accounted for, in the manner prescribed by the act, entitled "An act to Act of March
regulate the collection of duties on imports and tonnage," passed on the 2, 1799, ch. 22.
second day of March, one thousand seven hundred and ninety-nine, and
may be mitigated or remitted in the manner prescribed by the act, en-
titled "An act to provide for mitigating or remitting the forfeitures, pe- Act of March
nalties, and disabilities, accruing in certain cases therein mentioned," 3, 1797, oh. 13.,
passed on the third day of March, one thousand seven hundred and
ninety-seven.
SEC. 36. And be it further enacted, That all fines, penalties, and forfei- Fines, &c.,in
virtue of the
tures, incurred in virtue of the act, entitled "An act supplementary to an act of April 20,
act, entitled 'An act to regulate the collection of duties on imports and 1818, to be re-
tonnage,' passed the twentieth April, one thousand eight hundred and covered
fore. as be-
eighteen," (a) may be sued for, prosecuted, and recovered, in the same Act of Aril
manner as if the said act did not expire on the third day of March next. 20, i8s, ch.79.
SE. 37. And be it further enacted, That, when goods, wares, or mer- Goods trans-
chandise, imported, and subject to duty as aforesaid, shall be re-shipped, ported coast-
and transported coastwise, from one district to another, in the packages wise in the
i w same packages
in which the same were imported, an invoice, or a copy of such invoice, as imported, to
or an extract therefrom, including all the articles, with the charges thereon, have a certified
which are re.shipped and transported coastwise as aforesaid, verified by invoice, and
the additional oath required by the fourth section of this act, and certified ed at the port to
under the official seal of the collector, with whom the entry, on the impor- which they are
tation of such goods, wares, and merchandise, was made, shall be pro- transported.
duced at the port to which the same shall be transported ; and the same 1828, ch. 103.
inspection of such goods, wares, or merchandise, shall be made, as if they
had been brought direct from a foreign port or place; Provided,That no Proviso.
appraisement of the said goods, wares, or merchandise, shall be made at
the said port, so as to change the amount of duties which may have been
charged thereon, at the port of their original importation, if the same should
have been there entered,according to the provisions of this act; except
when transported from a port where there are no appraisers appointed by
the government; and if the invoice, verefied [verified] as aforesaid, shall
not be so produced, such goods, wares, or merchandise, shall be deposit-
ed, and remain in the public warehouse, at the expense and risk of the
owner thereof, until the invoice, verified and certified in the manner above
required, shall be produced: and goods, wares, or merchandise, imported,
and subject to duty as aforesaid, may he transported coastwise. to one or
more districts within the United States.
ApPROVED, March 1, 1823.
(a) Act of April 20, 1818, oh. 79.

SEVENTEENTH CONGRESS. Snss. I. Ca22. " 1823.
STATUTE II.
March 1, 1823. CHAP. XXIL-A Act to regulate the commercial intercourse between the United
States and certain British colonialports. (a)
First, second, Be it enacted by the Senate and House of Representatives of the United
and third sec- States of America, in Congress assembled,That, fr6m and after the third
tions of the act day of March next, the first, second, and third, sections of the "Act con-
concerning na-
vigation, act of cerning navigation," approved on the eighteenth of April, one thousand
April 18, 1818, eight hundred and eighteen, and the "Act supplementary to an act con-
ch. 70, and cerning navigation," approved on the fifteenth of May, one thousand eight
the act of May
15, 1820, ch. hundred and twenty, shall be, and the same are hereby, suspended, for
122, suspended and during the continuance of this act, so far as any of the restrictions
as to- certain or prohibitions therein contained, limit or interdict the intercourse of
British colonial
ports. navigation or commerce between the ports of the United States and
the British colonial ports hereinafter mentioned, to wit:
Kingston, in Jamaica. Savannah Le Mar, d. Montego Bay, do.
Santa Lucia, do. Antonia, do. Saint Ann, do. Falmouth, do. Maria,
do. Morant Bay and Annotto Bay, do. Saint George, in Grenada.
Roseau, in Dominica. Saint John's, in Antigua. San Josef, in Trinidad.
Scarborough, in Tobago. Road Harbour, in Tortola. Nassau, in New
Providence. Pitt's town, in Crooked Island. Kingston, in Saint Vin-
cent. Port Saint George and Port Hamilton, in Bermuda. Any port
where there is a custom-house, in Bahamas. Bridgetown, in Barbadoes.
Saint John's and Saint Andrew's, in New Brunswick. Halifax, in Nova
Scotia. Quebec, in Canada. Saint John's, in Newfoundland. George-
town, in Demarara. New Amsterdam, in Berbice. Castries, in Saint
Lucia. Basseterre, in Saint Kitts. Charlestown, in Nevis. Plymouth, in
Montserrat.
The ports of SEc. 2. And be it further enacted,That, from and after the said third
the United
States to be day of March hext, the ports of the United States shall be open to any
open to British British vessel coming directly from ant of the British colonial ports above
vessels directly enumerated: and it shall be lawful to ianport in the said vessels, being
from such ports.
navigated by a master and three-fourths, at least, of the mariners, British
subjects, any articles of the growth, produce, or manufacture, of any of
the said British colonies, the importation of the like articles to which,
from elsewhere, is not, nor .shall not be, prohibited by law, and which may
be exported from any of the said enumerated British ports to the United
States, on equal terms,in vessels belonging to the said states.
The President SEc. 3. And be it further enacted, That, on proof being given to the
may, by procla-
mation, declare President of the United States, satisfactory to him, that, upon the vessels
no higher duty of the United States admitted into the above enumerated British colonial
to be levied up- ports, and upon any goods, wares, or merchandise, imported therein, in
on British ves-
sels and goods the said vessels, no other or higher duties of tonnage or impost, and no
from these ports other charges of any kind, are levied or exacted than upon British vessels,
than upon or upon the like goods, wares, and merchandise, importtd into the said
United States
vessels, on cer- colonial ports from elsewhere, it shall and may be lawful for the Presi-
tain conditions. dent of the United States to issue his proclamation, declaring that no
other or higher duty of impost or tonnage and no other or higher duty
or charge of any kind, upon any goods, wares or merchandise, imported
from the above enumerated British colonial ports, in British vessels, shall
be levied or exacted in any of the ports of the United States, (except-
ing the ports in the territory of Florida,) than upon the vessels of the
United States, and upon the like goods, wares, or merchandise, imported
(a) An open boat is not a ship or vessel within the purview of the statutes of 1820, ch. 122, and 1823,
ch. 22, which prohibit commercial intercourse with the British colonies. United States v. An open
boat and lading, 5 Mason's C. C. R. 120.
It seems that notwithstanding those statutes, open British boats may visit the United States, if not
destined for trade. Ibid.
British ships or vessels, excluded from the ports of the United States by those statutes, are such as
are owned by British subjects having a British domicil, and sailing under the British flag, and not Bri-
tish ships or vessels owned by British subjects domiciled in the United States. Ibid.

SEVENTEENTH CONGRESS. Sass. II. Ca. 22. 1823.
into the ports of the United States in the same: Provided always, That Proviso.
until such proof shall be given, British vessels coming from the said
British colonial ports, and the goods, wares, and merchandise, imported
in the same into the United States, shall continue to pay the foreign ton-
nage duty, and the additional duties upon goods, wares, and merchandise, April 27,1816,
imported in foreign vessels prescribed by the "Act to regulate the duties h 107,
on imports and tonnage," approved the twenty-seventh of April, one
thousand eight hundred and sixteen.
SEc. 4. And be it further enacted, That no articles whatsoever, specie Articles of
and bullion excepted, other than articles of the growth, produce, or man- the growth, pro-
ufacture, of the British colonies to which the said enumerated ports duce, or manu-
facture of the
belong, shall be imported into the United States, in British vessels, corn- British colonies
ing from any of the said enumerated ports; and that no articles whatso- only to be so
ever, being of the growth, produce or manufacture, of the British imported in
colonies, to which the said enumerated ports belong, shall be import- British vessels.
ed into the United States, in any British vessel, other than a vessel And said ves-
coming directly from one of the said enumerated ports, on pain of sels to come di-
forfeiting all such articles, together with the ship or vessel in which reotly from said
the same shall have been imported, and her guns, tackle, apparel, and ports.
furniture.
SEc. 5. And be it further enacted, That it shall, be lawful to export Goods or the
from the United States, directly to any of the above enumerated British United
may be States
export-
colonial ports, in any vessel of the United States, or in any British vessel, ed to any of
navigated as by the second section of this act is prescribed, and having said ports in
come directly from any of the above enumerated British colonial ports, British vessels.
any article of the growth, produce, or manufacture, of the United States,
or any other article legally imported therein, the exportation of which,
elsewhere, shall not be prohibited by law; Provided, That when exported Proviso.
in any such British vessel, before the shipment of any such articles, secu-
rity, by bond, shall be given to the United States, in a penalty equal to
half the value of the said articles: such bond to be taken of the owner,
consignee, or agent, by the collector of the port at which the said British
vessel shall have entered, for the due landing of the said articles, at the
port or ports, being of the British colonial ports herein above enumerated,
for which the said vessel shall clear out, and for producing a certificate
thereof, within twelve months from the date of said bond, under the hand
and seal of the consul, or commercial agent of the United States, resident
at the port where the said articles shall have been landed; or if there
shall be no consul or commercial agent of the United States residing
there, such certificate to be under the hand and seal of the chief officer of
the customs at such port, or under the hand and seal of two known
and reputable merchants residing at such port; but such bond may
be discharged, by proof, on oath, by credible persons, that the said
articles were taken by enemies, or perished in the seas. And it shall not
be lawful to export, from the United States, any article whatsoever, to any
of the above enumerated British colonial ports, in any British vessel,
other than such as shall have come directly from one of the said ports
to the United States; nor shall it be lawful to export from the United
States any article whatsoever, in any British vessel, having come from
any of the said enumerated ports, to any other port or place, whatsoever,
than directly to one of the said ports. And in case any such articles
'shall be shipped or waterborne, for the purpose of being exported con-
trary to this act, the same shall be forfeited, and shall and may be
seized and prosecuted, in like manner as for any other violation of the
revenue laws of the United States.
Se. 6. And be it.further enacted, That this act, unless repealed, alter- This act to
ed, or amended, by Congress, shall be and continue in force so long as the continue in
above enumerated British colonial ports shall be open to the admission of force so long as
the said ports
vessels of the United States, conformably to the provisions of the British are open to ves-

SEVENTEENTH CONGRESS. SEss. II. Cui. 23. 1S23.
sels of the act of Parliament of the 24th of June last, being the forty-fourth chap-
United States. ter of the acts of the third year of George the Fourth. But if at any
time the trade and intercourse between the United States and all or any
of the above enumerated British colonial ports, authorized by the said
act of Parliament, should be prohibited by a British order in council, or
by act of Parliament, then, from the day of the date of such order in
council, or act tur Parliament, or from the time that the same shall com-
mence to he in force, proclamation to that effect having been made by
the President of the United States, each and every provision of this act,
so far as the same shall apply to the intercourse between the United
States and the above enumerated British colonial ports, in British ves-
sels, shall cease to operate in their favour; and each and every provision
Act of April of the "Act concerning navigation," approved on the eighteenth of April,
18, 1818, ch. 70. one thousand eight hundred and eighteen; and of the act supple'men-
Act of May tary thereto, approved on the fifteenth of May, one thousand eight hundred
15,1820,ch. 122. and twenty; shall revive and be in full force.
Any other SEc. 7. And be it further enacted, That if any British colonial port in
British colonial the American hemisphere, other than those hereinabove enumerated,
port being open
to vessels of the should, by virtue of a British order in Council, be opened to vessels of
United States, the United States, conformably to the provisions of the said act of-Par-
shall have the liament of the twenty-fourth of June last, each and every provision of
benefit of this this act shall extend to the same, from the time when it shall be so open-
act.
ed to the vessels of the United States.
Bond to be SEC. S. And be it further enacted, That the form of the bond afore-
prescribed by said shall be prescribed by the Secretary of the Treasury; and all penal-
the Secretary of ties and forfeitures, incurred under this act, shall be sued for, recovered,
the Treasury.
Mitigation distributed, and accounted for, and the same may be mitigated or remit-
and remission ted, in the manner and according to the provisions of the revenue laws
of forfeitures, of the United States.
&c,
STATUTE II.
March 1, 1823. CHAP. XXIII.-AnAct to alter the time of holding the district court of the United
Statesfor the district of Kentucky. (a)
Terms of the Be it enacted by the Senate anti House of Representatives of the United
district court of
Kentucky alter- States of America, in Congress assembled, That, from and after the
ed. next term of the district court of the United States for the district of
Kentucky, the said court shall hold its terms on the second Monday in
April and October in each year.
(a) The acts establishing the sessions of the district courts of Kentucky are:
An act to establish the judicial courts of the United States, September 24, 1789, ch. 20, seac. 2.
An act making certain alterations in the act for establishing the judicial courts, and altering the time
and place of holding certain courts, June 9,1794, ch. 64, see. 8.
An act concerning the circuit courts of the United States, March 3, 1797, ch. 27, see. 6.
An act for altering the times for holding the circuit court in the district of North Carolina, and tor
abolishing the July term of the Kentucky district court, Feb. 28, 1806, ch. 13, sec. 2.
An act establishing the citcuit courts, and abridging the jurisdiction of the district courts of Kentucky,
Tennessee, and Ohio, Feb. 24. 1807, ch. 16, sec. 4.
An act supplementary to the xct entitled " An act to amend the act entitled ' An act establishing cir-
cuit courts and abridging the jurisdiction bf the district courts of the districts of Kentucky, Tennessee,
and Ohio,' " Feb. 4, 1809, ch. t4.
An act to alter the time of holding the district court of the United States for the district of Kentucky,
March 1, 1823, ch. 23.
An act to change the terms of the district courts of the United States for the Kentucky district, March
24, 1824, ch. 30.
An act to amend the several acts establishing a district court of the United States at Jackson, in the
district of West Tennessee, April 14, 1842, oh. 20, § ..

SEVENTEENTH CONGRESS. SEss. II. Cu. 24. 1823. 743
STATUTS 11.
CHAP. XXIV.---f Yet to extend the jurisdiction of justices f the peace, in the March 1, 1823.
recovery of debts, in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United ter eFrom
Juneand 1st at-
States of America, in Congress assembled, That, from and after the first f823, justicesof
day of June next, in all cases where the real debt and damages do not I peace
the and
try may
deter-
exceed the sum of fifty dollars, exclusive of costs, it shall and ma y mind deter
be lawful for any one justice of the peace, of each respective county when the debt
within the District of Columbia wherein the debtor doth reside, to try, and damages do
hear, and determine, the matter in controversy, between the creditor and not exceed 50
dollars, exclu-
debtor, their executors and administrators, and upon full hearing of the sive of costs.
allegations and evidences, of both parties, to give judgment, according to
the laws existing in the said District of Columbia, and the equity and
right of the matter, in the same manner, and under the same rules and
regulations, to all intents and purposes, as such justices of the peace are
now authorized and empowered to do when the debt and damages do Proviso.
not exceed the sum of twenty dollars, exclusive of costs: Provided;
nevertheless, That all justices of the peace of said county shall be compelled,
upon entering judgments upon cases within their jurisdiction, to enter the
same in such manner as shall carry an interest thereon, from the date
thereof, until the same shall be paid, or satisfied: And provided further, Proviso.
That no female, in any case whatever, and no male above the age of se-
venty years, shall be liable to be arrested or imprisoned for any debt au-
thorized to be sued for and recovered by this act.
SEC. 2. And be it further enacted, That, in all cases where judg- Defendant
ments shall be rendered by a justice of the peace, it shall be lawful for may tipersede
the defendant to supersede the said judgment, at any time within sixty days.
days from. the rendition of the same, which supersedeas shall stay exe-
cution for six months thereafter, and shall be taken by the justice who
rendered the judgment, and no other; Provided, Such justice is living in proviso.
the county in which said judgment was rendered, and acting in his ju-
dicial capacity ; but if such justice shall not be so acting, then, and in
that case, before any other justice of the peace for the aforesaid county
who may be legally acting in that capacity.
SEC. 3. And be it further enacted, That the justices of the peace Justices of
within the District of Columbia, be, and they are hereby, directed, and it the peace to
is hereby made their duty, to keep a docket, and therein to record, and keep a docket.
make regular entries of, their proceedings, in all cases in which they
shall act in Virtue of their office, and they are hereby directed to furnish
the plaintiffs and defendants, respectively, with a copy of any judgment
by them rendered, when required on which copy, any other justice of
the peace of the county is hereby authorized to issue execution or fieri
facias, in the same manner as executions are now issued by the clerk of
the circuit court of the District of Columbia, which shall be returned
within twenty days after being issued, to the justice who gave the judg-
ment; and no judgment rendered before a justice shall have the effect
to create any lien upon real estate.
SEc. 4. And be it further enacted, That if any justice of the peace Justices ofthe
shall omit to keep a docket, as aforesaid, or be guilty of any other negli- peace omitting
gence or omission, by which the plaintiff (having obtained a judgment be- et, to keep a dock-
liable for
fore such justice,) shall lose his or her debt, that then, and in that case, the the proceeds of
said justice shall pay and satisfy to the said plaintiff the debt, interest, and any debt,
lost in &c.,
conse-
costs, lost as aforesaid, to be recovered by plaint, before any other quence.
justice of the peace, who shall, on proof of the fact, render judgment
against such defaulting justice, together with any interest that may have
accrued on the debt.
SEc. 5. And be it furthtr enacted, That each and every justice of the Justices of
peace shall, and it is hereby made his duty, upon his resignation or re- the peace, upon

744 SEVENTEENTH CONGRESS. Siss. IL Cu. 24. 1823.
resignation or moval from office, and it is also made the duty of his executors or ad-
removal,
•their or
executors, ministrators, upon the death of any such justice df the peace, -forthwith to
&c., upon de- deliver to the clerk of the circuit court of the District of'Columbia,
Ibise, to deliver within the county in which said justice of the peace officiated, such
their dockets to docket or dockets, as said justice of th6 peace, so resigning, removing, or
the clerk of the
circuit court un- dying, shall or may have had; and it shall be the duty of the clerk in
der penalty of whose possession said docket or dockets may be placed, to furnish copies
500 dollars. of all such entries made in said docket or dockets, to persons applying
therefor, and who may be entitled thereto, in the same manner, and to
have the same effect, as if said copies had been furnished by the said jus-
tice, so resigning, removing, or dying, as the case may be: And in case
of the death, resignation removal from office, or other incapacity, of any
person who may have acted as a justice of the peace as aforesaid, and neg-
lect (on the part of himself, or executors, or admilastrators, as the case
may be) to transfer such docket or dockets, he or they shall forfeit to the
United States the sum of five hundred dollars, to be recovered as other
penalties due to the United States.
Judges ofoir- SEc. 6. And be it further enacted, That the judges of the circuit court
cult court not
to hotldppea of
of the District of Columbia shall not hold original plea in the said court
any debt Which of any debt or damage in cases within the jurisdiction given to justices
shall not exceed
50 dollars. of the peace by this act, which shall not exceed fifty dollars, exclusive of
Proviso. costs,- any law to the contrary notwithstanding: Provided, nevertheless,
That nothing in this act contained shall extend, or be construed to extend,
to divest the circuit court of the District of Columbia from the power of
holding plea of any debt or damages, where the same doth not exceed
the sum of fifty dollars, or may be above the sum of twenty dollars,
where the writ or original process, issued for the recovery of the same,
shall have been impetrated at any time before the first day of June next.
In all cases SEC. 7. And be it further enacted, That in all cases where the debt or
over fivedollars demand doth exceed the sum of five dollars, and either plaintiff or defen-
parties aggrlev- dant shall think him or herself agrieved [aggrieved] by the judgment of
ed may appeal
to the circuit any justice of the peace, he or she shall-be at liberty to appeal to the
court, next circuit court to be held in the county in which the said judgment
shall have been rendered, before the judges thereof; who are hereby,
upon the petition of the appellant, in a summary way, empowered and
directed to hear the allegations and proofs of both parties, and deter-
mine upon the same according to law and the equity and right of the
matter, at the same term in which the said petition shall be exhibited,
without further continuance or delay, unless it shall appear to the said
court that further time ought to be given to the party applying for the
same: and either of the said parties may demand a trial by jury, or leave
the cause to be determined by the court, at their election; and in any
case of appeal from the decision of a justice of the peace, the circuit
court, where two summonses against the appellee shall be returned non
est, or one attachment returned non est, and the said appellee shall
not appear, the court may proceed to hear and determine such case,
Proviso. in the same manner as if the appellee had regularly appeared: Pro-
vided, That no appeal from the judgment of any justice of the
peace to the circuit court of the District of Columbia shall be dis-
missed because the same had not been prayed to the circuit court
next after the rendition of such judgment, unless the court shall be
satisfied that the defendant had notice of such judgment at least ten days
before the sitting of said circuit court.
Judgment or SEC. S. And be it further enacted, That from and after the first day
supersedeas not of June next, no justice of the peace within the District of Columbia,
to be returned before whom any -judgment hath been rendered, or any supersedeas on
to the clerk of
the circuit any judgment rendered by a justice of the peace, hath been taken, shall
court. make return of any such judgment or supersedeas to the office of the
clerk of the circuit court of. the District of Columbia, for the purpose

that the same should be recorded or'filed therein, by the clerks of the
said circuit court; any law to the contrary notwithstanding.
SEc. 9. And be it further enacted, That any justice of the peace before Justices to is-
whom supersedeas may be taken, or any other justice of the peace of 'ue execution.
said county, may, and shall, at the request of the plaintiff, or any other
person authorized by, or on behalf of, the said plaintiff, issue execution,
by way of capias ad satisfaciendum or fieri facias, against the principal
debtor and his sureties, or against either of them, after the expiration of
the time so mentioned in the said supersedeas.
SEC. 10. And be it further enacted, That the constables of the said Constables
district, who have been, or may hereafter be, duly appointed and quali- may serve and
levy executions,
fled, according to law, are hereby authorized and empowered to serve cu
and levy -executions issued by a justice of the peace, on judgments
obtained for small debts, out of court, in the same manner, and by the
same process, as the marshal of the District of Columbia, or his deputies,
are authorized to do; and that a commission of five per cent. be allowed
the constable for every sum thereoR by him levied: Provided,That the Proviso.
said constables shall, before they proceed to the discharge of the duties
required by this act, give bond to the United States, with good and suffi-
cient security, in the penalty of two thousand dollars, to be approved of
by any one of the judges of the circuit court of said district, for the due
performance of the duties of a constable, and, also, for the duties and
trusts reposed in them by virtue of this act; and it shall be the duty of
such judge, forthwith, to have the same filed or entered on record by the
clerk of the county in which said constable may reside, at the cost and
expense of said constable. And the said constables shall, after this act
goes into effect, make all returns now made to the clerk of the circuit
or county court, to the justices of the peace, at such times, in such
manner, and under such penalties as are at present established by law, in
rendering the same to the said clerk: Prvided, That no return, judg-, Proviso.
meat, or execution, shall be received or recorded as satisfied, by the said
justices of the peace, without the receipt of the plaintiff annexed to the
same: Provided also, That nothing in this act contained shall be con- Proviso.
strued to prohibit or prevent the marshal, or his deputies, in the respec-
tive dounties in the District of Columbia, from executing or levying exe-
cutions, issued by a justice of the peace, for small debts, out of court,
when the same are put into their hands for that purpose, in the same
manner as by law they have been, or now are, authorized to do; but for
executing or levying such executions, the said marshal, or his deputies,
-shall be entitled to' the same commission, and nothing more, as is herein
allowed to constables in such cases; and where the marshal or constable
shall have received money, on any judgment or execution, not exceeding
twenty dollars, and shall fail or omit to pay the same to the plaintiff,
or his agent, when thereto- demanded, or shall omit or fail to return any
execution within the time limited for such return, it shall and may be
lawful for any court of record, within the District of Columbia, on
motion made, five days' previous notice being given to said marshal or
constable, to enter up judgment, instanter, against them, for the amount
so received, with interest and costs.
SEC. 11. And be it further enacted, That where any judgment, before Justices may
any justice of the peace, shall have continued for more than one year, revive judg-
ments by seire
and the said judgment had not been paid or satisfied, it shall and may facias.
be lawful for the justice before whom the said judgment had been
obtained, or any other justice of the peace for said county, to revive the
same by scire facias, which shall be made returnable on a certain day,
not exceeding forty days from the time of issuing the same, to the said
justice, or any other justice of the peace, of said county; and any con- Constables to
stable, qualified as above mentioned, of the said county, is hereby autho- serve scire -
rized and required to serve such writ of scire facias, and make due cias.
VoL. I1r-94 3R

SEVENTEENTH CONGRESS. SEss. IL Cu. 24. 1823.
return thereof on the return day mentioned in the said writ, in the same
manner, and entitled to the same fee, and liable to the same penalty, as
in the case of a warrant issued by a justice of the peace, as dirdcted by
law, in such case made and provided.
Constables to SEc. 12. And be it further enacted, That it may be lawful for any con-
deliver persons stable, qualified as aforesaid, to deliver, at the county jail, to the marshal
committed, at
the jail to the of the said county, any person committed by a justice of the peace, on
marshal or Jail- a capias ad satisfaciendum, when the case may or doth so require; and
er, &c. that the said marshal, or his jailer, is hereby required and directed to
take charge of such person, and the same in his custody safe keep, until
such person or persons shall be duly discharged therefrom according
to law.
Justices au- I SEc. 13. And be it further enacted, That the justices of the peace
thorized toissue be, and they are hereby, authorized and empowered to issue capias ad
capias ad satis-
faciendum. satisfaciendum, or fieTi facias, in all cases where the said justices are
Proviso, empowered to render judgment by virtue of this act, or the laws already
inexistence in the District of Columbia: Provided, however, and it is
hereby enacted, That the necessary beds, bedding, not exceeding one bed
and the bedding thereof, for every two persons belonging to the family
of every such debtor, and wearing apparel, and one cow of each and
every debtor and his family, against whose goods, chattels, and effects, a
writ of fieri facias shall be issued, as aforesaid, shall not be liable to
seizure and sale under such writ, but shall, in all cases, be exempt,
together With the tools and'implements of his trade, from the operation
of the same; nor shall it be lawful for any person to distrain them for
rent.
Justices' fees. SEC. 14. And be it further enacted, That, it shall and may be lawful
for the several justices of the peace within the District of Columbia to
ask and receive, for the performance of their duties under this act, such
fees as are allowed to said justices, for similar services, by the laws at
present in force in the said district.
SEc. 15. And be it further enacted, That, in every action to be brought
Parties may by virtue of this act, where the sum demanded shall exceed twenty dol-
by jury. lars, it shall be lawful for eitherof the parties to the suit, after issue joined,
and before the justice shall proceed to inquire into the merits of the cause,
to demand of the said justice that such action be tried by a jury; and
upon said demand, the said justice is hereby required to issue a venire,
under his hand and seal, directed to any constable of the county where
said cause is to be tried, commanding him to summon twelve jurors, to
be and appear before the justice issuing such venire, at such time and
place as shall be therein expressed ; and the jurors thus summoned shall
possess the qualifications, and be subject to the exceptions, now existing
by law in the District of Columbia.
Jurors to be SEC. 16. And be it further enacted, That if any of the persons so
sworn, ard to summoned and returned as jurors, shall not appear, or be challenged and
deliver publicly set aside, the justice before whom the said cause is to be tried, shall di-
verdict their
to the justice, rect the constable to summon, and return forthwith, atales,each of whom
who shall give shall be subject to the same exceptions as the jurors aforesaid, so as to
judgment there- make up the number of twelve, after all causes of challenge are disposed
on and issue ex-
ecution. of by the-justice; and the said twelve persons shall be the jury who shall
try the cause, each of whom shall be sworn by the justice, well and truly
to try die matter in difference between the parties, and a true verdict to
give, according to evidence; and, the said jury being sworn, shall sit to-
gether, and hear the proofs and allegations of the parties, in public, and
when the same is gone through with, the justice shall administer to the
constable the following oath, viz : "You do swear, that you will keep this
jury together in some private room, without meat or drink, except water;
that you will not suffer any person to speak to them, nor will you speak
to them yourself unless by order of the justice, until they have agreed on

SEVENTEENTH CONGRESS. SEss. II. Cu. 25. 1823.
their verdict." And when the jurors have agreed on their verdict, they
shall deliver the same publicly to the justice, who is hereby required to
give judgment, forthwith, thereon ; and the said justice is hereby author-
ized to issue execution on said judgment, in the manner, and under the
limitations, herein before directed.
SEC. 17. And be it further enacted That, in addition to the fees herein Additional
of justices
beforerprovided for in trials before justices, there shall be allowed to the fees jurors.
justice, lbr issuing a venire facias, twenty-five cents, and for swearing the
and
jury, twelve and an half cents; to the jurors sworn to try, twelve and a
half cents each; and to the constable, for summoning the jury, thirty-
seven and an hald [half] certs.
STATUTE I.
CHAP.' XXV.-.dn Ict for carrying into effect the Convention of navigatio and March 3, 1823.
commerce between the United States and France, concludedat Washington, on
the twenty-fourth day of June, eighteen hundred and twenty-two.
Be it enacted by the Senate and House of Representatives of the United Act of May
States of America, in Congress assembled, That the act to impose a 15, 1820, ch.
126, respecting
new tonnage duty on French ships and vessels, approved on the fifteenth tonnage duty on
day of May, one thousand eight hundred and twenty, be, and the same is French vessels,
hereby, repealed. repealed.
SEC. 2. And be it further enacted, That, for the term of two years, From and0
af-
from and after the thirtieth day of September last, articles of the growth, ter Sep.3 ,1822,
French
" goods
produce, or manufacture, of France, imported into the United States, in imported in
French vessels, shall pay an additional duty of three dollars and seventy- French vessels
five cents per ton of merchandise, according to the tenor of the conven- to pay an addi-
tion of navigation and commerce between the United States and France, t37npduty of
concluded on the twenty-fourth day of June, one thousand eight hundred
and twenty-two, over and above the .duties collected upon the like articles,
also of the growth, produce, or manufacture, of France, when imported
in vessels of the United States : Provided always,That no discriminating Proviso.
duty shall be levied upon the productions of the soil or industry of France,
imported in French bottoms, into the ports of the United States, for
transit or re-exportation.
SEC. 3. And be it further enacted, That, from and after the expiration At the expira-
of two years from the said thirtieth day of September last, in case of the tion of extra
years, two du-
continuance in force of the said Convention, and so long as the same ties to be di-
shall continue in force, the extra duties, specified in the second section of minished one-
this act, shall, from and after the said thirtieth day of September, one fourth of the
thousand eight hundred and twenty-four, be diminished by one-fourth of whole amount,
and so from year
their whole amount; and, afterwards, by one-fourth of said amount, from to year.
year to year, so long as neither of the parties to the said convention shall
have declared the intention of renouncing the same, in the manner there-
in provided, and until the whole of such discriminating and extra duty
shall have been done away.
SEC. 4. And be it further enacted, That, during the continuance in t
Tonnage du-
force of the said convention, the duties of tonnage, light money, pilotage, y, light-money,
&c., for French
port charges, brockerage, [brokerage,] and all other duties, upon foreign vessels not to
shipping, over and above those paid by vessels of the United States, other exceed 94 cents
than those specified in the second section of this act, shall not exceed, vessel's
per ton French
of the
for French vessels, in the ports of the United States, ninety-four cents passport.
per ton of the vessel's French passport.
SEC. 5. And be it further enacted, That the Secretary of the Treasury Extra duties
be, and he is hereby, authorized to cause to be refunded, from any moneys levied before
beeys aJune 24 last to
in the treasury not otherwise appropriated, any extra duties, levied before be refunded.

SEVENTEENTH CONGRESS. SEss. 1i. Cu. 26. 1823.
the twenty-fourth day of June last, by virtue ot the act ot Congress of

the fifteenth of May, one thousand eight hundred and twenty, imposing
a new tonnage duty on French ships or vessels.
Upon ratifica- SEC. 6. And be it further enacted, That, if the second separate article
tion of second
separate arti- of the said convention, concluded on the twenty-fourth of June last,
cle of the con- should be ratified by both the contracting parties thereto, and the ratifi-
vention, the ex- cations thereofshould be exchanged, on or before the twenty-third day of
tra duties to be
levied only on June next, then, from and after the expiration of two months, subsequent
the excess of to the said exchange of ratifications, and during the continuance in force
value of imports of the said separate article, the extra duties specified in the second sec.
over that of ex-
ports. tion of this act shall be levied only upon the excess of value of the mer-
chandise imported into the United States in any French vessel, over the
value of the merchandise exported -from the United States in the same
vessel, upon the same voyage; so that, if the value of the articles exported
shall equal or exceed that of the articles imported in the same vessel, (not
including articles imported for transit or re-exportation,) no such extra
duties shall be levied: and if the articles exported are less in value than
those imported, the extra duties shall be levied only upon the amount of
difference of their value.
Acts incom- SEC. 7. And be it further enacted, That all acts, or parts of acts, of Con-
patible with the
convention re- gress, incompatible with the execution of each and every article of the
pealed. said convention, concluded on the twenty-fourth of June last, and of its
ratified separate article, be, and the same are hereby, repealed.
STATUTE I.
March 1, 1823.
[Obsolete.]
CHAP. XXVI.-Sdn S et making agpropriations for the military service of the
Specific ap- United States, for the year one thousand eight hundred and twenty-three.
propriations for Be it enacted by the Senate and House of Representatives of the United
the military ser-
vice for 1823. States of America, in Congress assembled, That the following sums be,
and the same are hereby, respectively, appropriated for the military ser-
vice of the United States, for the year one thousand eight hundred and
twenty-three, to wit:
For the pay of the army, and subsistence of the officers, nine hun-
dred and eighty-eight thousand nine hundred and seven dollars and
seventy-five cents.
For subsistence, two hundred and seventy-six thousand one hundred
dollars.
For forage for officers, thirty-five thousand five hundred and twenty
dollars.
For the medical and hospital department, fifteen thousand six hundred
and thirty-eight dollars.
For the purchasing department, one hundred and thirty-six thousand
three hundred and fifty-one dollars.
For the quartermaster general's departmeAt, two hundred and ninety-
seven thousand one hundred and forty-eight dollars.
For the contingencies of the army, ten thousand dollars.
For quartermaster's supplies, transportation, mathematidal instruments,
books, and stationery, for the military academy, twelve thousand dol-
lars.
For the pensions to the invalids, to the commutation pensioners,
and to the widows and orphans, three hundred and thirty-five thousand
dollars.
For pensions to the revolutionary pensioners of the United States, one
million five hundred and thirty-eight thousand eight hundred and fifteen
dollars.

SEVENTEENTH CONGRESS. SEss. 11. CH. 27. 1823. 749
For the national armories, three hundred and sixty thousand dol-
lars.
For the current expenses of the ordnance, forty-eight thousand dol-
lars.
For arsenals, thirty-three thousand four hundred dollars.
For arrearages in the War Department, prior to the first of July,
one thousand eight hundred and seventeen, thirty-five thousand dol-
lars.
For the payment of the balance of the expenses of the anilitia court
martial in the state of New York, of which brigadier general Gerard
Steddiford was president, including the sum of one thousand eight hun-
dred and eighty-eight dollars eighty-nine cents, to make up the deficiency
in the sum appropriated 'last year for the payment of brigadier general
Beckman, M. Van Bueren [Buren,] a member of said court, one thou-
sand six hundred and twenty-six dollars and eighty-nine cents.
For the annuity to the Creek Indians, under the treaty of the eighth of
January, one thousand eight hundred and twenty-one, with that tribe,
five thousand dollars.
For the employment of teams, and for extra pay and rations to sol.diers
to be emp'linyed for the completion of the military road from Plattsburg
to Sackett's Harbour, three thousand five hundred dollars.
For compensation to Captain Terry Runnels, due him for the
transportation of baggage in the late Seminole war, forty-eight dol-
lars.
SEC. 2. And be it further enacted, That the several sums hereby a To be paid
from the Trea-
propriated shall be paid out of any money in the treasury not otherwise sury.
appropriated: Provided,however, That no money appropriated by this Proviso.
act shall be paid to any person, for his compensation, who is in arrears
to the United States, until such person shall have accounted for, and paid
into the treasury, all sums for which he may be liable: Provided,further, Proviso.
That nothing in this section contained shall extend to balances arising
solely from the depreciation of treastuy notes, received by such person,
to be expended in the public service; but in all cases where the pay or
salary of any person is withheld, in pursuance of this act, it shall be
the duty of the accounting officer, if demanded by the party, his agent,
or attorney, to report forthwith to the agent of the Treasury Department
the balance due; and it shall be the duty of the said agent, within sixty
days thereafter, to order suit to be commenced against such delinquent
and his sureties.
APPOVwD, March 3, 1823.
Srarvnr II.
CHAP. XXVII.-n Act making further appropriationsfar the military service March 3, 1828.
of the United States, for the year one thousand eight hundred and twenty-three, [Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Further ap-
States of America, in Congress assembled, That the following sums be, trepriary for
and the same are hereby, appropriated, to wit : vice.
For pay allowed by law to the superintendent of Indian affairs at St.
Louis, and the several Indian agents, twenty-six thousand five hundred
dollars.
For pay allowed by law to sub-agents, eleven thousand dollars.
For presents to Indians, as authorized by the law of one thousand Act of March
eight hundred and two, fifteen thousand dollars. s0,1802, oh. 13,
For contingent expenses of the Indian Department, ninety thousand
dollars.
To enable the President of the United States to take such measures
as may be necessary to purchase the right, title, and interest, which cer-
3R2

SEVENTEENTH CONGRESS. SESS. I1. CH. 28. 1823.
tain Indians have in three several tracts of land of four hundred acres
each, lying in the county of Tuscaroras, in the state of Ohio, which were
1796, ch. 46.granted by Congress, in seventeen hundred and ninety-six, to the society
of United Brethren, on trust, for the sole benefit of said Indians, the pur-
chase to be made with the consent of said Society, one thousand dollars.
To purchase certain tracts of land, in the state of Georgia, reserved
to the Indians, in fee, by the treaties with the Creek Indians, of the ninth
day of August, one thousand eight hundred and fourteen, and of the
eighth day of January, one thousand eight hundred and twenty-one; and
by the treaties with the Cherokee Indians, of the eighth day of July, one
thousand eight hundred and seventeen, and of the twenty-seventh day
of February, one thousand eight hundred and nineteen, fifty thousand
dollars.
To be paid out SEc. 2. And be it further enacted, That the several sums bereby
of the treasury. [hereby] appropriated, shall be paid out of any money in the treasury not
Proviso, otherwise appropriated: Provided, however, That no money appro-
priated by this act shall be paid to any person who is in arrears to the
United States, until such person shall have accounted for, and paid into
Proviso. the treasury, all sums for which he may be liable: Provided,further,
That nothing in this section contained shall extend to balances arising
solely from the depreciation of treasury notes, received by such person
to be expended in the public service; but, in all cases where the pay or
salary of any such person is withheld, in pursuance of this act, it shall be
the duty, of the accounting officers, if demanded by the party, his agent,
or attorney, to report forthwith to the agent of the Treasury Department
the balance due; and it shall be the duty of said agent, within sixty days
thereafter, to order suit to be commenced against such delinquent and
his sureties.
Unexpended SEC. 3. And be it further enacted, That, so much of the appropria-
appropriation tion of sixty-five thousand dollars, made by the act of the third of March,
for the Choctaw eighteen hundred and twenty-one, for carrying into effect the treaty of
treaty to be em-
ployed for a mo- the eighteenth October, eighteen'hundred and twenty, with the Chactaw
dification of [Choctaw] Indians, as remans unexpended, maya, under the direction of
said treaty. the President of the United States, be employed in obtaining such a mo-
1821, ch. 35. dification of said treaty, as to have established as the eastern boundary
of the cession made by that treaty to the Choctaws, and as the western
boundary of the territory of Arkansas, a line due south from the south-
west corner of the state of Missouri to Red river; and for running the
line thus modified, and removing all obstructions to a due execution of
the stipulations of the treaty of eighteen hundred and twenty.
STATUTE II.
March 3, 1823. CHAP. XXVII.-An.9ct to amend "i.n actfor the establishmentof a territorialgov-
ernment in Florida," andfor other purposes. (a)
East and Be it enacted by the Senate andHouse of C/epresentativesof the United
West Florida to
constitute a ter- States of America, in Congress assembled, That all that territory, ceded by
ritory under the Spain to the United States, known by the name of East and West Florida,
name of the ter- shall constitute a territory of the United States, under the name of the
ritory of Flori-
da. territory of Florida, the government whereof shall be organized and ad-
ministered as follows :
Governor and SEc. 2. And be it further enactedThat the executive power shall be
his duties. vested in a governor, who shall reside in the said territory, and hold his
office during the term of three years, unless sooner removed by the Presi-
dent of the United States. He shall be commander-in-chief of the

1811 1823 Statutes at Large 551-750

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Citation: 3 Stat. 551 1811-1823

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of persons, in their respective districts or territories, as required by this

HeinOnline -- 3 Stat. 551 1811-1823

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Contingencies. For the contingencies of the army, forty thousand dollars.

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eighteen, twenty-one thousand four hundred and twenty-eight dollars and

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(a) See notes to act of March 2, 1819, ch. 49.

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May 4, 1820. CHA..LXII.-AnAct concerningthe banks of the district of Columbia.

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From Goshen, by Scotchtown, to Bloomingsburgh. Post-roeads

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In Iflinois.-From Kaskaskias, by the Irish Settlement, Covington, llinois.

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discharged by due course of law. Notwithstanding the commitment of being insuffi-

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APPROVED, May 15, 1820.

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