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Public Acts of Congress.

SEC. 2. And be it further enacted, That when lative council by the said recited act: and in case y judge in the said Territory shall be unable of vacancy of a member of the legislative counhold the courts within the circuit to which he cil, by resignation or otherwise, the Governor of allotted, by reason of any disability, it shall be the Territory shall issue a writ to the county to e duty of the judge allotted to the circuit near-elect another person to serve the residue of the I thereto, to hold the courts in such circuit, term. til the disability of the judge allotted to the cuit shall be removed, or (in case of the death resignation of a judge) until a successor is apinted.

SEC. 3. And be it further enacted, That the dge of any circuit within the said Territory all have power to appoint a clerk to each court ithin his court, (circuit,) and to fill any vacancy casioned by the death or resignation of the erk.

SEC. 4. And be it further enacted, That when ny person charged with felony shall be commitd to prison, in any county within the Territory oresaid, it shall be lawful for the Governor of e Territory to issue his writ, directed to the adge allotted to the circuit including the county here such accused person may be committed, ommanding him to hold a court of oyer and teriner, for the trial of the accused; and it shall e the duty of the judge to whom such writ is irected, to hold the court at the court-house of he county at such time as may be specified in uch writ; and all process issued, or proceedings ad before the writ shall be issued, shall be reurned to the said court of oyer and terminer. SEC. 5. And be it further enacted, That this ct, and the act to which this is supplemental, hall be and remain in force until the end of the next session of the Legislature of the said Terriory, and no longer; and the Legislature of the aid Territory shall have power and authority to nake laws in all cases, for the good government of the Territory aforesaid, not repugnant to the principles and articles of the ordinances, and to organize the courts of the said Territory, and prescribe the times and places of their session.

SEO. 6. And be it further enacted, That the General Court of the Territory of Indiana be, and It is hereby, authorized and empowered to exercise chancery powers as well as a common law jurisdiction, under such regulations as the Legislature of said Territory may prescribe. Approved, April 29, 1816.

SEC. 2. And be it further enacted, That so much of the eighth section of the said recited act as requires the General Assembly of said Territory to meet once in each year be repealed, and the said General Assembly shall meet once in every other year at St. Louis, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day: Provided, That the Governor for the time being shall have authority by proclamation to convene the General Assembly whenever he shall deem the interest of the Territory may require it. SEC. 3. And be it further enacted, That the General Assembly of the said Territory shall be, and are hereby, authorized to require the judges of the superior court of the said Territory to hold superior and circuit courts, to appoint the times and places of holding the same, and under such rules and regulations as the General Assembly may in that behalf prescribe; the circuit courts shall be composed of one of the said judges, and shall have jurisdiction in all criminal cases, and exclusive original jurisdiction in all those which are capital, and original jurisdiction in all civil cases of the value of one hundred dollars, and the superior and circuit courts shall possess and exercise chancery powers as well as common law jurisdiction in all civil cases: Provided, That there shall be an appeal in matters of law and equity, in all cases, from the circuit courts to the superior court of the said Territory.

SEC. 4. And be it further enacted, That such part of the said recited acts as is repugnant to, or inconsistent with the provisions of this act, be, and the same is hereby, repealed. Approved, April 29, 1816.

An Act for the relief of William Crawford, Frederick Bates, William Garrard, and Thomas B. Rob ertson.

Be it enacted, &c.. That the proper accounting officers of the Treasury be, and they are hereby, authorized and required to allow and pay to William Crawford, commissioner of land claims east of Pearl river, the sum of five hundred dollars, for carrying his report upon land claims to the General Land Office, at the city of Washington.

An Act to alter certain parts of the act providing for the government of the Territory of Missouri. Be it enacted, &c., That the electors of the Territory of Missouri, entitled to vote for members of the House of Representatives of the Territory, at the time of electing the representatives to the General Assembly, shall in each county in said Territory elect one member of the legislative council to serve for two years and no longer, qualified according to the provisions of the fifth section of the "Act providing for the government of the Territory of Missouri, passed June fourth, one thousand eight hundred and twelve, a ma- SEC. 3. And be it further enacted, That the jority of whom shall be a quorum, and shall pos- accounting officers of the Treasury be, and they sess the same powers as are granted to the legis-Fare hereby, authorized and required to allow and

SEC. 2. And be it further enacted, That the accounting officers of the Treasury be, and they are hereby, authorized and required to allow and pay to Frederick Bates, recorder of land titles for the Territory of Missouri, the sum of five hundred dollars, for carrying his report upon land claims to the General Land Office, at the city of Washington.

Public Acts of Congress.

pay to William Garrard, commissioner of land in the consulate office at Philadelphia, on the secclaims for the western district of the State of ond day of January, in the year one thousand Louisiana, and to Thomas Bolling Robertson, seven hundred and eighty; and that the specie commissioner of land claims for the eastern dis- value thereof, being five thousand eight hundred trict of Louisiana, the sum of five hundred dol- and three dollars, thirty-five ninetieths, be paid, lars each, for carrying the reports upon land with interest thereon, at six per cent., from the claims to the General Land Office, at the city of third day of July, one thousand seven hundred Washington. and seventy-eight, being the mean data of interest on the same, as examined and stated in the office of the Auditor of the Treasury, on the twenty-fifth day of October, one thousand seven hundred and ninety-four, to the said John Holkar, out of any moneys in the Treasury not otherwise appropriated, upon the said John Holkar giving a bond of indemnity, to the satisfaction of the Comptroller of the Treasury of the United States.

SEC. 4. And be it further enacted, That a sum not exceeding two thousand dollars be, and the same is hereby, appropriated, for the purposes aforesaid, out of any moneys in the Treasury not otherwise appropriated. Approved, April 29, 1816.

An Act to indemnify Jabez Mowry and others.
Be it enacted, &c., That upon the payment by
Jabez Mowry, John W. C. Baxter, Samuel
Wheeler, Jonathan Bartlett, Josiah Dana, and
Aaron Hayden, citizens of the United States, of

Approved, April 29, 1816.

An Act for the confirmation of certain claims to land

in the western district of the State of Louisiana, and in the Territory of Missouri.

certain bonds now in suit in the district court of Maine, given by them to the United States, for duties on goods imported into the district of PasWhereas, by the eighth section of the act of samaquoddy, amounting to the sum of sixty-five third March, one thousand eight hundred and thousand five hundred and eight dollars and sev-seven, it is required that the commissioners for enteen cents, which bonds, on the capture of Eastport, on the eleventh day of July, one thousand eight hundred and fourteen, fell into the hands of the enemy, and were afterwards, by the vice admiralty court of Nova Scotia, decreed forfeit, and the amount thereof ordered to be distributed among the captors, and attachments issued against the principals and sureties in said bonds, to compel the payment thereof, the United States will indemnify the principals and sureties in said bonds, and save them harmless against the loss thereof, and for the expenses already incurred by them in consequence of said loss; which expenses shall be ascertained by the accounting officers of the Treasury, and paid out of any moneys therein, not otherwise appropriated.

Approved, April 29, 1816.

An Act for the relief of John Holkar, formerly Consul
General of France, to the United States.

ascertaining and adjusting the titles and claims to land in the then Territories of Orleans and Louisiana, should arrange their reports into three general classes, the second of which classes should contain claims which, though not embraced by the provisions of the several acts of Congress, ought nevertheless, in the opinion of the commissioners, to be confirmed, in conformity with the laws, usages, and customs of the Spanish Government: And whereas the commissioners, in and for the western district of the State of Louisiana, formerly Territory of Orleans, in their several reports of the sixteenth of October, one thousand eight hundred and twelve, fourth of December, one thousand eight hundred and twelve, ninth of March, one thousand eight hundred and thirteen, sixth of April, one thousand eight hundred and fifteen, first of May, one thousand eight hundred and fifteen, and fourth of May, one thousand eight hundred and fifteen, have formed this second class, recommending the claims which it emBe it enacted, &c., That the accounting officers braces for confirmation, and have designated the of the Treasury Department be, and they hereby same by letter B, and the register of the land are, authorized and directed to settle the account office and receiver of public moneys, acting as of John Holkar, formerly Consul General of commissioners for adjusting the titles and claims France to the United States, for thirty-seven loan- to land in the said district, in their report, dated office certificates, amounting to twenty-one thou- the thirtieth day of December, one thousand eight sand seven hundred dollars nominal, that is to hundred and fifteen, under the act giving further say: three hundred dollars thereof issued from time for registering claims to land in the western the loan office of New Hampshire; seven thous-district of the Territory of Orleans, passed the and nine hundred dollars thereof issued from the loan office of Massachusetts; eight hundred dollars thereof issued from the loan office of Rhode Island; twelve hundred dollars thereof issued from the loan office of New York; and eleven thousand five hundred dollars thereof issued from the loan office of Georgia; all of which had been signed by Francis Hopkinson, Treasurer of Loans, and countersigned by the loan officers of the States respectively, and which were destroyed by fire

tenth day of March, one thousand eight hundred and twelve, the "Act giving further time for registering claims to land in the eastern and western districts of the Territory of Orleans," passed the twenty-seventh day of February, one thousand eight hundred and thirteen, and the act of the twelfth day of April, one thousand eight hundred and fourteen, have arranged the claims into the following classes, to wit: one, two, three, four, five, six, seven, eight, nine, ten, eleven: Therefore,

Public Acts of Congress.

Be it enacted, &c., That the claims marked Bated, that is to say: For the pay of the Army of and described in the several classes in the above- the United States, one million one hundred ninementioned reports of the commissioners for the ty-six thousand four hundred and ninety-six dolwestern district of the State of Louisiana, for- lars. For subsistence, one million forty-three merly Territory of Orleans, and recommended by thousand three hundred and fifty-five dollars. them for confirmation, be, and the same are here- For forage for officers, twenty-five thousand six by, confirmed: Provided, nevertheless, That un- hundred and ninety-two dollars. For bounties der no one claim shall any person or persons be and premiums, fifty-six thousand dollars. For entitled, under this act, to more than the quantity clothing, three hundred and fifty thousand dolcontained in a league square. lars. For the medical and hospital department, SEC. 2. And be it further enacted, That all one hundred thousand dollars. For the quarterclaims embraced in the reports of the recorder of master's department, three hundred and fifty thouland titles, acting as commissioner for ascertain-sand dollars. For fortifications, eight hundred ing and adjusting the titles and claims to land in and thirty-eight thousand dollars. For continthe Territory of Missouri, dated November first,gencies, one hundred and fifty thousand dollars. one thousand eight hundred and fifteen, and Feb- | For the Indian department, two hundred thousruary second, one thousand eight hundred and and dollars. For the purchase of horses for the sixteen, where the decision of the said commis- artillery, fifty thousand dollars. For the purchase sioner is in favor of the claimants, shall be, and of maps, plans, books, and instruments, for the the same are hereby, confirmed, to wit: confirma- War Office, twenty-five hundred dollars. For tions of village claims, under the act of Congress the erection of buildings at West Point, including of the thirteenth day of June, one thousand eight arrearages, one hundred fifteen thousand eight hundred and twelve; grants of the late board of hundred dollars. For the purchase of maps, plans, commissioners, appointed for ascertaining and books, and instruments, for the Military Academy, adjusting the titles and claims to land in the Ter-twenty-two thousand one hundred and seventyritory of Missouri, extended by virtue of the fourth section of the act of the third of March, one thousand eight hundred and thirteen; grants and confirmations under the several acts of Congress, commencing with the act of the thirteenth day of June, one thousand eight hundred and twelve.

SEC. 3. And be it further enacted, That in all cases not provided for by law for patent certificates to issue, every person, and the legal representative of every person, whose claim to a tract of land is confirmed by this or any former act, and who has not already obtained a patent certificate for the same, shall, whenever his claim shall have been located and surveyed according to law, be entitled to receive from the register of the land office at Opelousas, in the State of Louisiana, or from the recorder of land titles in the Territory of Missouri, as the case may be, a certificate, stating that the claimant is entitled to a patent for such tract of land, by virtue of this act; for which certificate the officer issuing the same shall receive one dollar, and the certificate shall entitle the party to a patent for the tract of land, which shall issue in like manner as is provided by law for patents to issue for lands purchased of the United States.

Approved, April 29, 1816.

one dollars. For defraying the expenses incurred by calling out the militia during the late war, in addition to the sums heretofore appropriated by law to that object, one million two hundred and fifty thousand dollars. For the payment of damages sustained by the ships and vessels sunk at the entrance of the port of Baltimore, to prevent the ships of the enemy from passing the fort and entering the harbor, fifteen thousand one hundred eighty-eight dollars and fifty cents, being part of the amount of an appropriation of two hundred fifty thousand dollars, heretofore made, and by the President of the United States transferred to other objects.

SEC. 2. And be it further enacted, That the several sums specifically appropriated by this act, shall be paid out of any moneys in the Treasury not otherwise appropriated.

Approved, April 29, 1816.

An Act authorizing the payment of a sum of money to Joseph Stewart, and others.

Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, authorized and required to pay to Joseph Stewart, and his associates, of Dorchester county, in the State of Maryland, or to their legal representatives, the sum of one thousand eight hundred dollars, out of any An Act making appropriations for the support of the money in the Treasury not otherwise appropriMilitary Establishment of the United States, for theated; which money is paid to them for their galyear one thousand eight hundred and sixteen. lantry and good conduct in capturing, during the Be it enacted, &c., That, for defraying the ex- late war, a tender belonging to the Dauntless, penses of the Military Establishment of the Uni- British ship-of-war, and taking eighteen prisonted States, for the year one thousand eight hund-ers, to wit: one lieutenant, one midshipman, thirred and sixteen, for the Indian department, for teen seamen, and three marines, and as compenfortifications, for the expenses of the public build-sation for the prisoners so taken. ings at West Point, and for the purchase of maps, plans, books, and instruments, for the Military Academy at said place, the following sums be, and the same are hereby, respectively appropri

SEC. 2. And be it further enacted, That any claim which the United States may have to the said captured vessel and property shall be, and the same is hereby, released to the said captors.

Public Acts of Congress.

SEC. 3. And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized and required to pay, out of any money in the Treasury not otherwise appropriated, the sum of five hundred dollars, in equal proportions, to Matthew Guy and John Woodward, of Prince William county, in Virginia, and Samuel Jennison and Wilfred Drury, of St. Mary's county, in Maryland, or to their legal representatives; which is paid to them as an evidence of the sense entertained of their valor and good conduct in capturing a boat belonging to the enemy, in Clement's bay, in Potomac river, in December, one thousand eight hundred and fourteen; making prisoners of the crew, consisting of a midshipman and four seamen, with their arms; and also as compensation for the prisoners so taken and delivered to the proper officers of the United States. Approved, April 29, 1816.

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Be it enacted, &c., That any person, and the legal representatives of any person, entitled to preference in becoming the purchaser, from the United States, of a tract of land at private sale, in the State of Louisiana, and in the Territories of Missouri and Illinois, according to the provisions of the act, entitled "An act giving the right of pre-emption, in the purchase of lands, to certain settlers in the Illinois Territory," passed February fifth, one thousand eight hundred and thirteen, and the fifth section of the "Act for the final adjustment of land titles in the State of Louisiana, and Territory of Missouri," passed April twelfth, one thousand eight hundred and fourteen, who is settled on a fraction of a section or fractional quarter-section, containing less than one hundred and sixty acres, shall have the privilege of purchasing one or more adjoining fractional quarter-sections, or the adjoining quarter section, including their improvements, or the fraction improved by them, at their option; and the provisions of the said recited acts are hereby made applicable to them, so far as they are consistent with the provisions of this act.

SEC. 2. And be it further enacted, That in cases where two or more persons, entitled to the right of pre-emption, shall be settled upon one. quarter or fractional quarter section of land, each person shall be authorized to purchase one or more quarter sections, or fractional quarter sections, of the section or fractional section of land upon which they are so settled; and the section or fractional section upon which such persons are settled shall be equally divided between them, in such manner as the register and receiver, within whose district the land lies, shall determine and direct, so as to secure, as far as may be practicable, to every such person their improvements respectively; and where the improvement of such person shall be upon two or more quarter sections, such person shall be entitled to purchase

the quarter sections upon which his improvement shall be. Approved, April 29, 1816.

An Act declaring the consent of Congress to acts of the State of South Carolina, authorizing the City Council of Charleston to impose and collect a duty on the tonnage of vessels from foreign ports; and to acts of the State of Georgia, authorizing the imposition and collection of a duty on the tonnage of vessels in the ports of Savannah and St. Mary's.

Be it enacted, &c., That the consent of Congress be, and is hereby, granted and declared to the operation of any act of the General Assembly of the State of South Carolina, now in existence, or which may hereafter be passed, so far as the same extends, or may extend, to authorize the City Council of Charleston, to impose and levy a duty, not exceeding ten cents per ton, on all ships and vessels of the United States, which shall arrive and be entered in the port of Charleston, from any foreign port or place, for the purpose of providing a fund for the temporary relief and maintenance of sick or disabled seamen in the marine hospital of the said port of Charles

ton.

collector of the port of Charleston be, and he is SEC. 2. And be it further enacted, That the hereby, authorized to collect the duties imposed or authorized to be imposed by this act, and to pay the same to such persons as shall be authorized to receive the same by the City Council of

Charleston.

SEC. 3. And be it further enacted, That the consent of Congress be, and is hereby, granted and declared to the operation of any act of the General Assembly of the State of Georgia, now in existence, or which may hereafter be passed, so far as the same extends, or may extend, to authorize the levying and collecting a tonnage duty, not exceeding two cents per ton upon coasting vessels, and four cents per ton upon vessels from foreign ports, arriving at and entering the ports of Savannah and St. Mary's, for the purpose of providing a fund for the payment of the fees of the harbor master and health officer of those ports respectively: Provided, the said acts shall not contain provisions inconsistent with the opexecution of existing treaties. eration of any law of the United States made in

SEC. 4. And be it further enacted, That this act shall be in force for five years, and from thence to the end of the next session of Congress thereafter, and no longer.

Approved, April 29, 1816.

An Act to authorize the survey of two millions of acres of the public lands, in lieu of that quantity heretofore authorized to be surveyed, in the Territory of Michigan, as military bounty lands.

Be it enacted, &c., That so much of the "Act to provide for designating, surveying, and granting the military bounty lands," approved the sixth day of May, one thousand eight hundred and twelve, as authorizes the President of the United

Public Acts of Congress.

eigner into the lands to which the Indian title has not been extinguished, for the purpose of being used in the Indian trade; and all articles of peltry, of provisions, or of any other kind purchased by foreigners from Indians, or tribes of Indians, contrary to the provisions of this act, shall be, and the same are hereby, forfeited, onehalf thereof to the use of the informer, and the remainder to the United States: Provided, That the goods, wares, and merchandise are seized prior to their sale to an Indian, or Indian tribe, and the articles purchased are seized before they are removed beyond the limits of the United

ates to cause to be surveyed two millions of eres of the lands of the United States, in the erritory of Michigan, for the purpose of satising the bounties of land promised to the nonommissioned officers and soldiers of the United tates be, and the same is hereby, repealed; and lieu of the said two millions of acres of land, e President of the United States be, and he is ereby, authorized to cause to be surveyed, of he lands of the United States fit for cultivation, ot otherwise appropriated, and to which the Inian title is extinguished, one million five hunred thousand acres, in the Illinois Territory, and ve hundred thousand acres, in the Missouri Ter-States. itory, north of the river Missouri; the said lands hall be divided into townships, and subdivided nto sections and quarter sections, (each quarter section to contain, as near as possible, one hundred and sixty acres,) in the manner prescribed by law for surveying and subdividing the other ands of the United States; and the lands thus surveyed, with the exception of the salt springs and lead mines therein, and of the quantities of land adjacent thereto as may be reserved for the use of the same by the President of the United States, and the section number sixteen in every township, to be granted to the inhabitants of such township for the use of public schools, shall, according to the provisions of the above recited act, be set apart for the purpose of satisfying the bounties of land promised to the non-commissioned officers and soldiers of the late Army of the United States, their heirs and legal represen- SEC. 4. And be it further enacted, That trials tatives, by the act entitled "An act for comple- for offences against this act shall be had in the ting the existing Military Establishment, ap- courts of the United States of the territory in proved the twenty-fourth day of December, one which the person accused may be arrested, or in thousand eight hundred and eleven, and by the the circuit court of the United States, of the disact entitled "An act to raise an additional mili-trict into which he may be first carried, after his tary force," approved the eleventh day of January, one thousand eight hundred and twelve.

SEC. 3. And be it further enacted, That if a foreigner go into any country which is allotted or secured by treaty to either of the Indian tribes within the territorial limits of the United States, or to which the Indian title has not been extinguished, without a passport first had and obtained from the Governor of one of the States or Territories of the United States, adjoining the country into which he may go, or the officer of the troops of the United States, commanding at the nearest post on the frontiers, or such other person as the President of the United States may from time to time authorize to grant the same, he shall, on conviction thereof, pay a fine of not less than fifty or more than one thousand dollars; or be imprisoned not less than one month, or more than twelve months, at the discretion of the court.

arrest.

SEC. 5. And be it further enacted, That each and every person charged with a violation of the second section of this act shall, if arrested, be indicted and tried in one of the courts aforesaid, and that the conviction of the accused shall authorize the court to cause the goods intended to be sold to, and articles purchased from the Indians, belonging to him, or taken in his possession, to be sold, one-half to the use of the inform

SEC. 2. And be it further enacted, That every person in whose favor any warrant for military land bounty is issued, shall be, and is hereby, authorized to draw by lot one of the quarter sections surveyed by virtue of this act, and shall obtain a patent therefor, in the same manner, in every respect, as is or shall be provided by law for patents to issue for other military land bounties, or as is provided by the act first above reci-er, and the other to the use of the United States. ted for patents to issue for such lands. Approved, April 29, 1816.

An Act supplementary to the act passed the thirtieth of March, one thousand eight hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

Be it enacted, &c., That licenses to trade with the Indians within the territorial limits of the United States shall not be granted to any but citizens of the United States, unless by the express direction of the President of the United States, and upon such terms and conditions as the public interest may, in his opinion, require.

SEc. 2. And be it further enacted, That all goods, wares, and merchandise, carried by a for

But if goods intended to be sold, or articles purchased from the Indians contrary to the provisions of this act, should be seized, and the owner or person in possession of them should make his escape, or from any other cause cannot be brought States Attorney of the Territory in which they to trial, it shall and may be lawful for the United may be seized, or the District Attorney of the United States, of the district into which they may have been first carried after they are seized, to proceed against the said goods intended to be sold to, or articles purchased from the Indians, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws.

SEC. 6. And be it further enacted, That the President of the United States be, and he hereby

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