other than the aforesaid grant of ten sections of the unappropiated public lands. [Approved, July 4, 1832.] CHAP. 174. An act to provide for the appointment of a Commissioner Salary. § 1. Be it enacted, &c. That the President shall appoint, by and Commissionwith the advice and consent of the Senate, a Commissioner of In- er of Indian dian Affairs, who shall, under the direction of the affairs to be secretary of war, appointed. and agreeably to such regulations as the President may, from time to time, prescribe, have the direction and management of all Indian Affairs, and of all matters arising out of Indian relations, and shall receive a salary of three thousand dollars per annum. § 2. And be it further enacted, That the secretary of war shall arrange or appoint to the said office, the number of clerks necessary therefor, so as not to increase the number now employed; and such sum as is necessary to pay the salary of said commis- Compensasioner for the year one thousand eight hundred and thirty-two, missioner, for shall be, and the same hereby is appropriated out of any money 1832. in the treasury. Clerks. tion to com commissioner §3. And be it further enacted, That all accounts and vouchers Certain acfor claims and disbursements connected with Indian affairs, shall counts, &c. to be transmitted to the said commissioner for administrative exami- and by him to nation, and by him passed to the proper accounting officer of the the proper ac treasury department, for settlement; and all letters and packages counting offito and from the said commissioner, touching the business of his treasury. office, shall be free of postage. Official com § 4. And be it further enacted, That no ardent spirits shall munications be hereafter introduced, under any pretence, into the Indian coun try. to and from commissioner, free of § 5. And be it further enacted, That the secretary of war shall, postage. under the direction of the President, cause to be discontinued, the Introduction of ardent spir. services of such agents, sub-agents, interpreters, and mechanics, its into the as may, from time to time, become unnecessary, in consequence Indian coun of the emigration of the Indians, or other causes. [Approved, try prohibited. July 9, 1832.] Unnecessary agents, &c. to be discontin CHAP. 180. An act for the final adjustment of private land claims in ued. Missouri. two commis §1. Be it enacted, &c. That it shall be the duty of the recorder of Recorder of land titles in the state of Missouri, and two commissioners to be land titles and appointed by the President of the United States, by and with the sioners (hereadvice and consent of the Senate, to examine all the unconfirmed in authorised claims to land in that state, heretofore filed in the office of the to be appoint. said recorder, according to law, founded upon any incomplete mine all uned) to exagrant, concession, warrant, or order of survey, issued by the confirmed authority of France or Spain, prior to the tenth day of March, claims, one thousand eight hundred and four; and to class the same so the same, &c. as to show, first, what claims, in their opinion, would in fact have been confirmed, according to the laws, usages, and customs of the Spanish government, and the practice of the Spanish authorities under them, at New Orleans, if the government under which said claims originated had continued in Missouri; and secondly, what claims in their opinion, are destitute of merit, in and to class 1 law or equity, under such laws, usages, customs, and practice of the Spanish authorities aforesaid; and shall also assign their reasons for the opinions so to be given. And in examining and classing such claims, the recorder and commissioners shall take into consideration, as well the testimony heretofore taken by the boards of commissioners and recorder of land titles upon those claims, as such other testimony as may be admissible under the Testimony to rules heretofore existing for taking such testimony before said boards and recorder: and all such testimony shall be taken within twelve months after the passage of this act. be taken within twelve months. Office of recorder to re such exami nation two. comm'rs shall procced, &c. Reports of claims to § 2. And be it further enacted, That the office of the recorder shall be open for the purposes of such examination for the term main open for of two years from the date of the organisation of the board of commissioners, and no longer; and the recorder and commissionyears. ers shall proceed in the examination in a summary manner, with Recorder and or without any new application of the claimants: and shall at the commencement of each session of Congress during said term of examination, lay before the commissioner of the general land office a report of the claims so classed, stating therein the date and quantity of each, whether there be any, and what, conflicting claims, and the evidence upon which each claim depends, and land office, the authority and power under which the said claim was granted and be pre- by the Spanish or French governor, commandant or sub-delegate, sented to Con- to be laid before Congress for their final decision upon the claims final decision. contained in such first class. be laid before commissioner of the general gress for their Provisions re- §3. And be it further enacted, That from and after the final lating to sale, report of the recorder and commissioners, the lands contained in &c. of certain the second class shall be subject to sale as other public lands; lands. Proviso. Compensation to record er and com and the lands contained in the first class shall continue to be reserved from sale as heretofore, until the decision of Congress shall be made thereon: and if the decision of Congress shall be against the claims, or any of them, the lands so decided against shall be, in like manner, subject to sale as other public lands: Provided, That actual settlers being housekeepers upon such lands as are rejected, claiming to hold under such rejected claim, or such as may waive their grant shall have the right of pre-emption to enter within the time of the existence of this act not exceeding the quantity of their claim, which in no case shall exceed six hundred and forty acres, to include their improvements, who shall give notice and prove their right of pre-emption, and in all things conform to the regulations as have been or may be prescribed by the secretary of the treasury under the existing laws relative to pre-emption; and it shall be the duty of the secretary of the treasury immediately to forward to the several land offices in said state, the manner in which all those who may wish to waive their several grants or claims and avail themselves of the right of pre-emption, shall renounce or release their said grants. § 4. And be it further enacted, That the recorder and commissioners shall each receive the sum of fifteen hundred dollars per annum, to be paid quarter yearly by the United States, in full $1500 per an- compensation for their services under this act; and may, when necessary, employ an interpreter of the French or Spanish lan missioners num, each. guage, for a reasonable compensation, to be allowed by the Interpreter secretary of the treasury, and paid by the United States. los de Ville may be employed. § 5. And be it further enacted, That it shall be lawful for the heirs of Carlos de Villemont to submit the evidence of their claim Heirs of Carto a tract of land in Arkansas territory, to a place called "Chicot mont may point" to the said recorder and commissioners, and it shall be the submit eviduty of said recorder and commissioners to report upon said dence of their claim in the manner that other claims provided for in this act, Commissionare to be reported and proceeded upon. [Approved, July 9, 1832.] ers directed to claim. report there CHAP. 181. An act to amend an act entitled "An act for the relief on. of purchasers of the public lands that have reverted for non-payment * Act of 1828, of the purchase money, passed twenty-third day of May, one thou- c. 71, ante, p. sand eight hundred and twenty-eight. 2127. cates to pur cases for amount paid, Register of § 1. Be it enacted, &c. That in all cases where public lands land office auhave been purchased, on which a further credit has been taken thorised to under the provisions of the act of the second March, one thou- issue certifisand eight hundred and twenty-one, or under any other act of chasers of Congress granting relief to the purchasers of the public lands, public lands and have reverted to the United States for failure to pay the in certain purchase money, or have been sold by the United States by reason of such failure to pay, it shall be the duty of the register of &c. the land office where the purchase was made, to issue upon Act of 1821, application, to the person or persons legally entitled to the benefit c. 150, vol. 3, of payments made previous to such reversion or sale, his, her, or their legal representatives or assigns, a certificate for the amount be received so paid and not refunded, which shall be received and credited and credited as cash in payment of any public lands that may hereafter be as cash in sold by the United States, in the state or territory in which such payment for public lands original purchase was made. that may 1807. Certificates to §2. And be it further enacted, That it shall be the duty of the hereafter be -commissioner of the general land office and of the registers as sold, &c. aforesaid, to conform to, and be governed by, the provisions of Comm. of ge the act aforesaid, to which this is an amendment, passed the neral land twenty-third day of May, one thousand eight hundred and twen- gisters to be ty-eight as aforesaid. office and re governed by May, 1828. §3. And be it further enacted, That where the lands have act of 23d been relinquished to the United States under the provisions of the Where lands act of second March, one thousand eight hundred and twenty- have been reone, as aforesaid, or other acts of Congress, and the money paid linquished, thereon has, in part, been applied in the payment of other lands, if and the mothe payment so made on lands retained be less than the amount paid ney paid in part, &c. on the relinquished lands when such excess exceeds the sum of ten if payment be dollars, it shall be the duty of the register of the land office where less than the the transfer of payment was made, to issue a certificate for such amount paid, excess to the person or persons entitled thereto, and in the manner Certificate to pointed out in the first section of this act; which certificate shall issue for exbe received in payment of the purchase of the public lands as cess, and be pointed out in said section. &c. receivable in payment for § 4. And be it further enacted, That on proof being made, public lands. satisfactory to the secretary of the treasury, that any certificate Duplicate to issued under this act, or that has been, or may be, issued under issue where the original the said act of the twenty-third of May, Anno Domini one thou VOL. IV. 27 certificate has been lost, or sand eight hundred and twenty-eight, has been lost or destroyed accidentally by accident, he is hereby authorised to issue to the legal owner destroyed. thereof, a duplicate of such original certificate, which shall be, in all respects as available to the owner, as the original certificate would have been. [Approved, July 9, 1832.] District Court to be held on the 4th Monday of May, annu. ally. Process re turnable, &c. Commander as navy agent. Act of 1804, c. 53, vol. 2, c. 53, vol. 2, CHAP. 182. An act to alter the times of holding the District Court of the United States for the state of Illinois. § 1. Be it enacted, &c. That the term of the District Court of the United States for the district of Illinois, which is now directed by law to be held on the first Monday of May, shall hereafter be held on the fourth Monday of May in each year; and all process which may have issued, or which may hereafter issue, returnable on the said first Monday of May, as heretofore directed, shall be held returnable, and be returned, on the fourth Monday of May in each year. [Approved, July 9, 1832.] CHAP. 187. An act to provide for paying certain arrearages for surveys made by naval officers, and for other purposes. § 3. And be it further enacted, That, from and after the passage of the Navy of this act, the commander of the navy yard at the city of Yard, at Washington Washington, shall cease to act as navy agent; and that portion to cease to act of the act of the twenty-seventh of March, one thousand eight hundred and four, which made it his duty so to do, shall be, and the same is hereby, repealed, and a separate and permanent agent shall be appointed as in other cases, in the same manner, entitled to the same compensation, and under the same responsi bilities, and to be governed by the same laws and regulations which now are, or may hereafter be adopted for other navy agents; and it shall be his duty to act as agent not only for the navy yard in this city, but for the navy department, under the department. direction of the secretary thereof, in the payment of such accounts and claims as the said secretary may direct. [Approved, July 10, 1832.] p. 947. Permanent agent to be appointed for the navy yard and navy Two land districts established. Land Office at Mont CHAP. 193. An act to establish additional land districts in the state of Alabama, and for other purposes. § 1. Be it enacted, &c. That the tract of country in the state of Alabama ceded to the United States by a treaty concluded with the Creek tribe of Indians, at the city of Washington, on the twenty-fourth day of March, one thousand eight hundred and thirty-two, shall be divided into, and constitute two land districts, by extending through the same, cast and west, the line between township number twenty-two, south of the base line of the Huntsville district, and township number twenty-four, north of the thirty-first degree of latitude. § 2. And be it further enacted, That all the land in said ceded for the Tala- territory, south of said dividing line, shall be sold at the town of poosa district, Montgomery, and said district shall be called the Talapoosa district; and all the land in said ceded territory, north of said dividFor the Coosa ing line, shall be sold at the town of Montevallo, and said district district, at shall be called the Coosa district: Provided, however, That the gomery; Montevallo. Proviso. President of the United States may, if he shall deem it expedient, remove either, or both, of the said land offices, to any other point in the respective districts, for which they are established. §3. And be it further enacted, That there shall be a register Registers and and receiver appointed to each of the aforesaid land offices, to receivers to superintend the sales of the public lands in their respective dis- be appointed. tricts, who shall reside at the places designated, give security in the same manner, in the same sums, and whose compensation, emoluments, and duties, and authority, shall, in every respect, be be the same in relation to the lands which shall be disposed of at their offices as are, or may be provided by law in relation to the registers and receivers of public moneys in the several offices established for the sale of the public lands. § 4. And be it further enacted, That it shall be the duty of the Plats of sursecretary of the treasury, as soon as the same can be done, to veys to be cause the proper plats of the surveys of said districts to be depo- deposited, &c. sited in the land offices intended for them respectively. ters and begin when § 5. And be it further enacted, That the compensation of the Compensa tion to regisregisters and receivers, to be appointed for the land districts hereby established, shall not commence till after the surveys shall have receivers to been completed. § 6. And be it further enacted, That all that portion of country surveys are acquired by the treaty with the Choctaw nation of Indians, within the state of Alabama, south of township nineteen, shall be offered acquired by for sale at the Saint Stephen's land office, and the residue shall Choctaw be attached to the Tuscaloosa land district, and be offered for treaty, attachsale at that place. [Approved, July 10, 1832.] ed to separate land districts. CHAP. 194. An act for the regulation of the Navy and Privateer Pension and Navy Hospital Funds. completed. Country trustees of over balance, § 1. Be it enacted, &c. That the commissioners of the navy Commispension and navy hospital funds be, and they are hereby, directed sioners directto close all their accounts as trustees of said funds, and to ed to close pay accounts as over the balance of cash in their hands, and to assign over and transfer all the certificates of stock, and other property belonging certain funds, to said funds, and to the privateer pension fund, to the treasurer and to pay of the United States, for the use of the secretary of the navy, for &c. to treathe payment of navy and privateer pensions, and for expenditures surer U. S. on account of navy hospitals, et cetera; and as soon as said use of secreassignment and transfer shall be made, the said commissioners tary of the navy, for the shall be, and they are hereby, released and discharged from all payment, &c. further trust connected with said funds, and the secretary of the Upon such navy be, and he is hereby, constituted the trustee of said funds; assignment and as such, it shall be his duty to receive applications for pensions, con and to grant the same according to the terins of the acts of Con- sioners to be gress in such case made and provided, and to direct and control released from the expenditures out of the navy hospital fund. and transfer, all further trust, &c. § 2. And be it further enacted, That the balance of cash now Sec'y of navy on hand, and all moneys that may hereafter arise to said pension constituted funds from stocks redeemed, or from any other source, shall be trustee, &c. immediately invested, under the direction of the secretary of the Applications navy, in the bank stock of the bank of the United States; and for pensions. that the secretary of the treasury be, and hereby is, authorised to Certain mo |