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Public Acts of Congress.

reserved, or which may, by the President of the United States, be set aside for public uses, in the town of Detroit and its vicinity, or on the island of Michilimackinac.

SEC. 3. And be it further enacted, That the Secretary of the Territory of Michigan, together with the register and receiver of public moneys of the land office of Detroit, shall be commissioners for the purpose of ascertaining and deciding on the rights of persons claiming the benefit of this act; and the said commissioners shall, previous to entering on the duties of their appointment, respectively take and subscribe the following oath or affirmation, before some person qualified to administer the same: I, do

solemnly swear (or affirm) that I will impartially exercise and discharge the duties imposed upon me, by an act of Congress, entitled "An act regulating the grants of land in the Territory of Michigan." And it shall be the duty of the said commissioners to meet at the town of Detroit, on or before the first day of July next, and they shall not adjourn to any other place, or for any longer time than three days, until the first day of January next, or until they have completed the business of their appointment. And the said commissioners, or a majority of them, shall have power to hear and decide in a summary manner, all matters respecting such claims, to compel the attendance of witnesses, to administer oaths and examine witnesses, and such other testimony as may be adduced, and to determine thereon according to justice and equity. Minutes of the proceedings, decisions, meetings, and adjournments of the board, shall be regularly entered by the register, in a book to be kept for that purpose, together with the evidence on which such decisions are made, unless such evidence has already been entered according to law in the book or books of minutes, kept by the commissioners appointed under former acts, to investigate the claims to land in the district of Detroit. And when it shall appear to the said commissioners that the claimant is entitled to a tract of land by virtue of this act, they shall give a certificate thereof, stating the circumstances of the case, and that the claimant is entitled to receive a patent for such a tract of land, by virtue of this act; which tract shall be surveyed in conformity with the decision of the commissioners, at the expense of the party, and under the direction of the surveyor general, by such of his assistants, residing in the Territory of Michigan, as the said surveyor general shall appoint for that purpose: Provided, That the whole expense of surveying and marking the lines, shall not exceed three dollars for every mile that shall be actually run, surveyed, or marked. The surveyor general shall transmit to the register of the land office at Detroit, general and particular plots of all the lands surveyed as aforesaid, and shall also forward copies of the said plots to the Secretary of the Treasury. The commissioners shall transmit to the Secretary of the Treasury a transcript of their decisions in favor of claimants, which shall contain a statement of the evidence on which each respective claim is founded, and shall be 9th CoN. 2d SESS.-41

signed by the said commissioners, and shall state the names of the parties in whose favor the certificates have been granted, the number of acres granted, and the situation of the land. And the certificate and certificates granted as aforesaid, by the commissioners, being duly entered with the register of the land office of Detroit, prior to the first day of January, one thousand eight hundred and nine, shall entitle the party or parties, as soon as the plot or plots aforesaid shall have been transmitted to the said register, to receive from him a certificate or certificates, for each of which certificates the register shall receive one dollar, directed to the Secretary of the Treasury; and if it shall appear to the satisfaction of the said Secretary that such certificates have been fairly obtained, according to the true intent and meaning of this act, then, and in that case, patents shall issue, in like manner as is provided by law for the other lands of the United States.

SEC. 4. And be it further enacted, That the powers vested by this act in the commissioners abovementioned shall not extend to the lots in the town of Detroit, the claims to which shall be ascertained and decided upon, in the manner provided by the act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and Territory of Michigan, and for other purposes."

SEC. 5. And be it further enacted, That the Secretary of the Territory of Michigan shall be entitled to receive five hundred dollars, in full for all the services rendered by him under this act, to be paid out of the sums which have been or may be appropriated for carrying into effect the several laws enacted for the disposal of public lands, and for the adjustment of claims in the Indiana or Michigan Territories.

Approved, March 3, 1807.

An Act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians; and to establish a land office in the Mississippi Territory.

Be it enacted, &c., That, for the purpose of carrying into effect a treaty, made on the twentythird day of July, one thousand eight hundred and five, between the United States and the Chickasaw nation of Indians, the following sums, to be paid out of any moneys in the Treasury not otherwise appropriated, be, and the same hereby are, appropriated, in conformity with the stipulations contained in the said treaty; that is to say: to the said Chickasaw nation, twenty thousand dollars; to George Colbert and O'Koy, each, one thousand dollars; and to Chinubbe Mingo, chief of the nation, an annuity of one hundred dollars, during his natural life.

SEC. 2. And be it further enacted, That it shall be the duty of the surveyor general of the public lands south of Tennessee, to cause to be surveyed and laid out, in the same manner as is provided by law for the other public lands in the Mississippi Territory, so much of the lands ceded to the United States by the Cherokees and Chickasaws

Public Acts of Congress.

as lies within the said Territory; and the Presi- said commons, which are derived from any grant dent of the United States is hereby authorized, of the French or Spanish Government. whenever he shall think it proper, to establish a land office for the sale of the said lands, and to appoint a register of the same, and a receiver of the public moneys accruing from the sale of the said lands, whose respective emoluments and duties shall be the same as those of the registers and receivers of the other land offices in the said Territory.

Approved, March 3, 1807.

SEC. 4. And be it further enacted, That the Commissioners appointed or to be appointed for the purpose of ascertaining the rights of persons claiming land in the Territories of Orleans and Louisiana, shall have full powers to decide according to the laws and established usages and customs of the French and Spanish Governments, upon all claims to lands within their respective districts, where the claim is made by any person or persons, or the legal representative of any perDecember, one thousand eight hundred and three, inhabitants of Louisiana, and for a tract not exceeding the quantity of acres contained in a league square, and which does not include either a lead mine or salt spring, which decision of the Commissioners, when in favor of a claimant, shall be final against the United States, any act of Congress to the contrary notwithstanding.

An Act respecting claims to land in the Territories of son or persons, who were on the twentieth of

Orleans and Louisiana.

Be it enacted, &c., That so much of the first section of the act, entitled "An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the District of Louisiana," as provides that no incomplete title shall be confirmed, unless the person in whose name the warrant or order of survey had been granted, was, at the time of its date, either the head of a family or above the age of twentyone years, be, and the same is hereby, repealed.

SEC. 2. And be it further enacted, That any person or persons, and the legal representative of any person or persons, who, on the twentieth day of December, one thousand eight hundred and three, had for ten consecutive years prior to that day, been in possession of a tract of land not claimed by any other person, and not exceeding two thousand acres, and who were on that day resident in the Territory of Orleans or Louisiana, and had still possession of such tract of land, shall be confirmed in their titles to such tract of land: Provided, That no claim to a lead mine, or salt spring, shall be confirmed merely by virtue of this section: And provided, also, That no more land shall be granted by virtue of this section than is actually claimed by the party, nor more than is contained within the acknowledged and ascertained boundaries of the tract claimed.

SEC. 5. And be it further enacted, That the time fixed by the act abovementioned, and by the acts supplementary to the same, for delivering to the proper register or recorder, notices in writing and the written evidences of claims to land, be, and the same is hereby extended, for the Territories of Orleans and Louisiana, till the first day of July, one thousand eight hundred and eight; and persons delivering such notices and evidences shall be entitled to the same benefit as if the same had been delivered within the time limited by the former acts; but the rights of such persons as shall neglect so doing within the time limited by this act, shall, so far as they are derived from or founded on any act of Congress, ever after be barred and become void, and the evidences of their claims never after admitted as evidence in any court of law or equity whatever.

SEC. 6. And be it further enacted, That the commissioners appointed, or to be appointed, for the purpose of ascertaining the rights of persons claiming lands in the Territories of Orleans and SEC. 3. And be it further enacted, That the Louisiana, shall respectively transmit to the Secclaim of the Corporation of the city of New Or-retary of the Treasury and to the surveyor geneleans, to the commons adjacent to the said city, ral, or officer acting as surveyor general, transand within six hundred yards from the fortifica-cripts of the final decisions made in favor of tions of the same, be, and the same are hereby, claimants by virtue of this act, and they shall recognised and confirmed: Provided, That the deliver to the party a certificate, stating the cir said Corporation shall, within six months after cumstances of the case, and that he is entitled to passing this act, relinquish and release any claim a patent for the tract of land therein designated, they may have to such commons beyond the dis- which certificate shall be filed with the proper tance of six hundred yards aforesaid: Provided register or recorder, within twelve months after also, That the Corporation shall reserve for the date. And the register or recorder shall thereupon purpose, and convey gratuitously for the public (a plat of the tract of land therein designated, benefit, to the company authorized by the Legis- being previously filed with him, or transmitted to ture of the Territory of Orleans, as much of the him by the officer acting as surveyor general in said commons as shall be necessary to continue the manner hereinafter provided,) issue a certifithe canal of Carondelet from the present basin to cate in favor of the party, which certificate, being the Mississippi, and shall not dispose of, for the transmitted to the Secretary of the Treasury, shall purpose of building thereon, any lot within sixty entitle the party to a patent, to be issued in like feet of the space reserved for building a canal, manner as is provided by law for the issuing of which shall forever remain open as a public high-patents for public lands lying in other Territories way: And provided, also, That nothing herein of the United States. contained shall be construed to affect or impair the rights of any individual or individuals to the

SEC. 7.. And be it further enacted, That the tracts of land thus granted by the commissioners

Public Acts of Congress.

shall be surveyed at the expense of the parties, registers of the Territory of Orleans, five hundred under the direction of the surveyor general, or dollars in full, for their services subsequent to the officer acting as surveyor general, in all cases first day of January last, in addition to the fees to where an authenticated plat of the land, as sur- which they are legally entitled. To each of the veyed under the authority of the officer acting as commissioners, at the rate of two thousand dollars surveyor general under the French, Spanish, or a year; to each of the clerks of the boards, and American Governments respectively, during the to each of the agents employed by the Secretary time either of the said Governments had the actual of the Treasury, at the rate of fifteen hundred dolpossession of the said Territories of Orleans and lars a year, and to each of the translators, at the Louisiana, shall not have been filed with the rate of six hundred dollars a year, to commence proper register or recorder, or shall not appear of from the first day of July next, in the district of record on the public records of the said Territo-Louisiana, and from the first day of January next, ries of Orleans and Louisiana. The said commis- in the Territory of Orleans, and to continue to sioners shall also be authorized, whenever they may think it necessary, to direct the surveyor general, or officer acting as such, to cause any tract of land already duly surveyed, to be resurveyed at the expense of the United States. And the surveyor general, or officer acting as such, shall transmit general and particular plats of the tracts of land thus surveyed, to the proper register or recorder, and shall also transmit copies of the said plats to the Secretary of the Treasury.

the time when each board shall be respectively dissolved: Provided, That no more than eighteen months compensation be thus allowed to the said commissioners, clerks, and translators, and that the compensation of any such officer absenting himself from his district, or failing to attend to the duties of his office, shall cease during such absence or failure.

Approved, March 3, 1807.

An Act making further appropriations for fortifying
the ports and harbors of the United States.
Be it enacted, &c., That a sum of money, not
exceeding one hundred and fifty thousand dollars,
in addition to the sums heretofore appropriated,
be, and the same is hereby, appropriated, to enable
the President of the United States to cause the
ports and harbors of the United States to be bet-
ter fortified and protected.

SEC. 2. And be it further enacted, That the money appropriated by this act, shall be paid out of any money in the Treasury of the United States, not otherwise appropriated.

Approved, March 3, 1807.

SEC. 8. And be it further enacted, That the commissioners aforesaid shall respectively report to the Secretary of the Treasury their opinion on all the claims to land within their respective districts, which they shall not have finally confirmed by the fourth section of this act. The claims shall, in the said report or reports, be arranged into three general classes, that is to say: first, claims which, in the opinions of the commissioners, ought to be confirmed in conformity with the provisions of the several acts of Congress, for ascertaining and adjusting the titles and claims to land within the Territories of Orleans and Louisiana; secondly, claims which, though not embraced by the provisions of the said acts, ought nevertheless, in the opinion of the commissioners, to be confirmed in conformity with the laws, usages, and customs of the Spanish Government; thirdly, claims which neither are embraced by the provisions of the said acts, nor ought, in the opinion of the commissioners, to be confirmed in conformity with the laws, Be it enacted, &c., That in all cases of insurrecusages, and customs of the Spanish Government; tion, or obstruction to the laws, either of the Uniand the said report and reports being in other re-ted States, or of any individual State or Territory, spects made in conformity with the forms prescribed according to law, by the Secretary of the Treasury, shall by him be laid before Congress, for their final determination thereon, in the manner and at the time heretofore prescribed by law for that purpose.

SEC. 9. And be it further enacted, That the following allowances and compensations shall be made to the several officers hereinafter mentioned, that is to say: to the principal deputy of the surveyor general, for the district of Louisiana, at the rate of five hundred dollars a year, from the time he entered into the duties of his office, in addition to the fees which he is entitled to receive by law. To the register of the western district of the Orleans Territory, and to the clerk of the board of commissioners for that district, one thousand dollars each, for their services as commissioners and clerk respectively, during the year one thousand eight hundred and six. To each of the deputy

An Act authorizing the employment of the land and naval forces of the United States, in cases of insurrections.

where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect. Approved, March 3, 1807.

An Act in addition to an act, entitled "An act in addition to an act, entitled 'An act supplementary to the act providing for a Naval Peace Establishment, and for other purposes."

Be it enacted, &c., That the President of the United States be, and he is hereby, authorized, in addition to the present naval peace establishment, to employ a number of able seamen, ordinary seamen, and boys, not exceeding five hundred,

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tribes of Indians.

Be it enacted, &c., That, for carrying into effect

a convention between the United States and the Cherokee nation of Indians, the following sums, to be paid out of any moneys in the Treasury, not otherwise appropriated, be, and the same hereby are, appropriated; that is to say to the said Cherokee nation, two thousand dollars, and the further annual sum of two thousand dollars for four years successively; and to the Cherokee chief, called the Black Fox, the annual sum of one hundred dollars, during his natural life.

SEC. 2. And be it further enacted, That, for carrying into effect a treaty between the United States and the Piankeshaw tribe of Indians, concluded at Vincennes, on the thirtieth day of December, one thousand eight hundred and five, there shall be, and hereby are, appropriated, in addition to appropriations for carrying into effect former treaties, a sum of one thousand dollars, and a further annual sum of three hundred dollars, to be paid out of any moneys in the Treasury, not otherwise appropriated. Approved, March 3, 1807.

An Act disapproving of an act passed by the Governor and Judges of the Territory of Michigan, entitled "An act concerning the bank of Detroit."

Be it enacted, &c., That an act, entitled "An act concerning the bank of Detroit," adopted and published by the Governor and Judges of the Territory of Michigan, on the nineteenth day of September, in the year of our Lord one thousand eight hundred and six, is hereby disapproved of by Congress, and that the same shall be of no force or effect.

Approved, March 3, 1807.

the route from Athens to New Orleans, under
such regulations as may be agreed upon for that
purpose between the Executive of the United
States and the Spanish Government: And he is
hereby authorized to expend, in opening the same,
any part of the money heretofore appropriated for
opening a road on the said route from the frontier
tude, which remains unexpended.
Approved, March 3, 1807.

of Georgia, to the thirty-first degree of north lati

An Act making appropriations for extra services, to the Governor, Judges, and Secretary of the Indiana Territory.

Be it enacted, &c., That the Secretary of the Treasury be, and he hereby is, directed to pay to the Governor, Judges, and Secretary of the Indiana Territory, out of any money in the Treasury, not otherwise appropriated, the sum of three hundred dollars each, as a compensation for the extra services by them performed, in obedience to the act, entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof."

Approved, March 3, 1807.

An Act to prevent settlements being made on lands ceded to the United States, until authorized by law. Be it enacted, &c., That, if any person or persons shall, after the passing of this act, take possession of, or make a settlement on, any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands shall not have been previously sold, ceded, or leased by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognised and confirmed by the United States: or if any person or persons shall session of, or settled; or shall survey or attempt cause such lands to be thus occupied, taken posto survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorized by law; such offender or offenders, shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, In Orleans.-From New Orleans, to the Balize, or settled, or cause to be occupied, taken possesand from New Orleans by the mouth of the sion of, or settled, or which he or they shall have Fourche, mouth of the canal at Attakapas, Lake surveyed, or attempt to survey, or cause to be surVeret, the ferry of Lake Veret, the mouth of veyed, or the boundaries thereof he or they shall Teache, the church of Attakapas, and the church have designated, or cause to be designated, by of Appelousas, to Rapides. And the Postmaster marking trees or otherwise. And it shall moreGeneral be, and he is hereby authorized to allow over be lawful for the President of the United and pay to the postmaster, which may be appoint States, to direct the marshal, or other officer acted at the Balize, in addition to the legal fees of ing as marshal, in the manner hereinafter directoffice, such sum as he may judge reasonable, noted, and also to take such other measures, and to exceeding four hundred dollars per annum, as a compensation for his services.

An Act to establish certain Post Roads; and for other

purposes.

Be it enacted, &c., That the following post roads be established:

SEC. 2. And be it further enacted, That the President of the United States is hereby authorized to cause to be opened a road from the thirtyfirst degree of north latitude to New Orleans, on

employ such military force as he may judge necessary and proper to remove from lands ceded, or secured to the United States, by treaty, or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or attempt to make a settlement thereon,

Public Acts of Congress.

until thereunto authorized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings: Provided, That nothing herein contained shall be construed to affect the right, title, or claim, of any person to lands in the Territories of Orleans or Louisiana, before the boards of commissioners established by the act, entitled "An act for ascertaining and adjusting the titles and claims to lands within the Territory of Orleans and the district of Louisiana," shall have made their reports, and the decision of Congress been had thereon.

SEC. 2. And be it further enacted, That any person or persons who, before the passing of this act, had taken possession of, occupied, or made a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands had not been previously sold, ceded, or leased, by the United States, or the claim to which lands had not been previously recognised and confirmed by the United States; and who at the time of passing this act does or do actually inhabit and reside on such lands, may, at any time prior to the first day of January next, apply to the proper register or recorder, as the case may be, of the land office established for the disposal, registering, or recording of such lands, or to such person or persons as may by such registers or recorders respectively, be appointed for the purpose of receiving such applications, stating the tract or tracts of lands thus occupied, settled, and inhabited by such applicant or applicants, and requesting permission to continue thereon; and it shall thereupon be lawful for such register or recorder respectively to permit, in conformity with such instructions as may be given by the Secretary of the Treasury, with the approbation of the President of the United States, for that purpose, such applicant or applicants to remain on such tract or tracts of land, not exceeding three hundred and twenty acres for each applicant, as tenants at will, on such terms and conditions as shall prevent any waste or damages on such lands, and on the express condition that such applicant or applicants shall, whenever such tract or tracts of land may be sold, or ceded by the United States, or whenever, for any other cause, he or they may be required under the authority of the United States so to do, give quiet possession of such tract or tracts of land, to the purchaser or purchasers, or remove altogether from the land, as the case may be: Provided, however, That such permission shall not be granted to any such applicant, unless he shall previously sign a declaration stating that he does not lay any claim to such tract or tracts of land, and that he does not occupy the same, by virtue of any claim or pretended claim derived or pretended to be derived from any other person or persons: And provided, also, That in all cases where the tract of land applied for, includes either a lead mine or salt spring, no permission to work the same shall be granted without the approbation of the President of the United States, who is

hereby authorized to cause such mines or springs to be leased for a term not exceeding three years, and on such conditions as he shall think proper.

SEC. 3. And be it further enacted, That all the applications made, and provisions granted by virtue of the last preceding section, shall be duly entered on books to be kept for that purpose, by the registers and recorders aforesaid respectively; and they shall be entitled to receive from the party for each application, fifty cents, and for each permission, one dollar.

SEC. 4. And be it further enacted, That it shall be lawful, after the first day of January next, for the proper marshal, or officer acting as marshal, under such instructions as may for that purpose be given by the President of the United States, to remove from the lands aforesaid any and every person or persons, who shall be found on the same, and who shall not have obtained permission to remain thereon as aforesaid: Provided, That three months previous notice shall be given to all such person or persons, as aforesaid, who were settled on such lands prior to the passing of this act. And every such person, who shall at any time after the expiration of three months after such notice shall have been given, be found on any part of the lands aforesaid, shall moreover incur a penalty of one hundred dollars, to be recovered in any court having jurisdiction of the same, and be moreover liable, on conviction, to imprisonment, at the discretion of the court, not exceeding six months; and the certificate of the proper register, or recorder, shall be a sufficient evidence that the tract of land which was occupied by the offender had not been previously sold, leased, or ceded, by the United States, that the claim to such tract had not been recognised and confirmed by the United States, and that the person occupying the same, and removed, or to be removed, by the marshal, had not obtained permission to remain thereon, in conformity with the provisions of this act: Provided always, and it is further enacted, That nothing in this section contained shall be construed to apply to any person claiming lands in the Territories of Orleans or Louisiana, whose claim shall have been filed with the proper commissioners before the first day of January next.

Approved, March 3, 1807.

An Act confirming claims to land in the district of Vincennes, and for other purposes.

Be it enacted, &c., That all the decisions made by the commissioners appointed for the purpose of examining the claims of persons claiming lands in the district of Vincennes, in favor of such claimants, as entered in the transcripts of decisions which have been transmitted by the said commissioners, to the Secretary of the Treasury, according to law, be, and the same are hereby, confirmed.

SEC. 2. And be it further enacted, That the confirmations or grants of land, made in the said district of Vincennes, by the Governors of the Northwest and Indiana Territories, prior to the estab

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