shall be issued, and bear test, as heretofore; nor shall any suit be discontinued, or the proceedings of any cause stayed, or in any wise affected, by any thing contained in this act, or in the act, entitled "An act to enable the people of the western part of Vol. iii. p. the Mississippi territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states."

1620.

8. That the town of St. Stephens shall be the seat of govern- St. Stephens ment for the said Alabama territory, until it shall be otherwise ordered by the legislature thereof.

the seat of government, until, &c.

divided be

state and

9. That whatever balance may remain in the treasury of the Balance in the Mississippi territory, at the time when the convention authorized treasury to be to form a constitution and state government for the western part tween the new of said territory, may have formed a constitution and state gov- territory. ernment for the same, shall be divided between the new state and territory, according to the amount which may have been paid into said treasury from the counties lying within the limits of such state and territory respectively. [Approved, March 3, 1817.} CHAP. 233. An aet to amend and explain an "Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States."

Vol. ii. p.

1399.

Vol. iii. p.

children under

seamen, and

dying, after

1812, while in

§ 1. Be it enacted, &c. That if any officer, seaman, or marine, 1934. belonging to the navy of the United States, shall die, or shall Widows, and have died, since the eighteenth day of June, in the year of our 16 years of Lord one thousand eight hundred and twelve, in consequence of age, of officers, disease contracted, or of casualties or injuries received, while in marines, dethe line of his duty, and which shall be satisfactorily proved to the commissioners of the navy pension fund, leaving a widow, the 18th June, or, if no widow, a child or children, under sixteen years of age, the line of du such widow, or, if no widow, such child or children, shall be en- ty, entitled to titled to receive half the monthly pay to which the deceased was five years. half pay for entitled at the time of his death, which allowance shall continue If the widow for the term of five years; but in case of the death or intermar-ries, the half riage of such widow, before the expiration of the said term of pay goes to five years, the half pay, for the remainder of the term, shall go to the child or children of the deceased: Provided, That such Proviso; as to half pay shall cease on the death of such child or children. And the cessation of the half pay. the money required for this purpose shall be paid out of the navy Money to be pension fund, under the direction of the commissioners of that paid out of the fund. [Approved, March 3, 1817.]

dies or mar

the children.

navy pension fund.

the lands of

CHAP. 235. An act to authorize the appointment of a surveyor for the lands in the northern part of the Mississippi territory, and the sale of certain lands therein described. § 1. Be it enacted, &c. That a surveyor of the lands of the A surveyor of United States in the Mississippi territory, lying north of an east the United and west line, to be drawn from the river Mississippi, through States to be Fort Williams, to the western boundary line of the state of appointed for Georgia, shall be appointed, whose duty it shall be to engage a the Mississip sufficient number of skilful surveyors as his deputies, and to scribed; his cause the lands above mentioned, which have not already been duties, &c. surveyed, and to which the Indian title has been extinguished,

that part of

pi territory de

to be surveyed and divided, in the manner provided by law for the surveying of the other public lands of the United States in the Mississippi territory, to do and perform all such acts in relation to the said lands, to transmit plats of survey in the manner, and to fix the compensation of the deputy surveyor, chain-carriers, and axe-men, under the same restrictions and limitations of expense in surveying, as is by law directed and provided for the regulation of the powers and duties of the surveyor of the lands south of the state of Tennessee, in relation to the other public lands in 1500 dolls. per the Mississippi territory. And the said surveyor, appointed in pursuance of this act, shall be entitled to receive, for his services, one thousand five hundred dollars, as an annual compensation. § 2. That all the lands of the United States in the Mississippi Madison dis- territory, to which the Indian title has been extinguished, lying north of the aforesaid east and west line, and which has not heretofore been offered for sale, shall be attached to, and made a part of, the land district of Madison, in the said territory.

annum to the

surveyor.

Lands to be attached to

trict.

Lands attached to Madison

of sec. No. 16,

President to

designate the days of sale

3. That all the lands, by this act attached to the district of district, with Madison, after having been surveyed according to law, shall, the exception with the exception of the section No. 16, in each township, which &c. to be of shall be reserved for the support of schools therein, and with fered for sale. the further exception of such sections, not exceeding ten in number, as the president shall designate, for the purpose of laying out and establishing towns thereon, be offered for sale, to the highest bidder, under the direction of the register of the land office and the receiver of public moneys, at the place where the land office is kept, and on such day or days as shall, by proclamation of the president of the United States, be designated for by proclama- that purpose: the sales shall remain open two weeks, and no Lands not to longer. The lands shall not be sold for less than two dollars an be sold for less acre; and shall, in every other respect, be sold in tracts of the than two dolls. same size, and on the same terms and conditions, as have been, per acre. Lands reor may be, provided for lands sold in the same district. All the maining unsold at public, lands offered for sale, and remaining unsold at the close of the may be dispos- said public sales, may be disposed of at private sale by the regised of at private, sale. ter of the land office, in the same manner, for the same price, and on the same terms and conditions, as are, [or] may be, provided for the sale of other lands in the same district; and patents shall be granted in the same manner, and on the same terms, as for other lands in the said district.

tion.

Five dolls. per

4. That the register and receiver of public moneys shall day for attend- each receive five dollars, for each day's attendance in directing the public sales directed by this act.

ance.

The sections reserved to be laid off into lots, &c. Plats, &c.

5. That the president of the United States be, and he hereby is, authorized to cause the sections, reserved as aforesaid, for establishing towns thereon, to be laid off into lots, under the direction of the surveyor appointed as aforesaid; and when the survey of the lots shall be completed, plats thereof shall be transLots to be of mitted to the commissioner of the general land office, and the fered at public sale. register of the land office, and the lots shall be offered, to the highest bidder, at public sale, on such day or days as the president shall, by his proclamation, designate for that purpose, and shall be sold on the same terms and conditions, in every respect,

the same

(except as to the quantity of land,) as have or may be provided To be sold on for the sale of the other public lands in the said district: Providterms, &c. ed, That no lot shall be sold for a less price than at the rate of Proviso; the six dollars per acre; nor shall there be reserved for the purpose lot, &c. aforesaid, more than one section in any one township. [Approvep, March 3, 1817.]

price of each

Expired. Vol. iii. p. 1913, 2046.

the decisions

ann.

printed, &c.

CHAP. 236. An act to provide for reports of the decisions of the supreme court. 1. Be it enacted, &c. That the reporter who shall, from time Reporter of to time, be appointed by the supreme court of the United States, to receive to report its decisions, shall be entitled to receive, from the 1000 dolls. per treasury of the United States, as an annual compensation for his services, the sum of one thousand dollars: Provided, nevertheless, Proviso; deciThe said compensation shall not be paid unless the said reporter sions to be shall print and publish, or cause to be printed and published, the within six decisions of said court, made during the time he shall act as such months. reporter, within six months after such decisions shall be made, and shall deliver eighty copies of the decisions, so printed and Eighty copies published, to the secretary of state, without any expense to the to the secretato be delivered United States, and which copies shall be distributed as follows, ry of state. to wit to the president of the United States, the judges of the Distribution supreme court, and the judges of the district courts, the attorney pies. general of the United States, the secretary of state, the secretary of the treasury, the sectretary of war, the secretary of the navy, the comptroller of the treasury, the postmaster general, the commissioner of the revenue, the commissioner of the general land office, the judges of the several territories of the United States, the secretary of the senate, the clerk, of the house of representatives, the auditor of the treasury, the register of the treasury, the treasurer of the United States, the paymaster general, the accountants of the war and navy departments, and to the commissioners of the navy, one copy each; and the residue of said Residue in the copies shall be deposited in, and become part of, the library of library of con

congress.

of the 80 co

gress.

buted to be

2. That, in case of the death, resignation, or dismission from Copies distrioffice, of either of the officers before mentioned, the said copies delivered up to of the decisions, delivered to them as aforesaid, shall belong to, successors in and be delivered up to, their respective successors in the said offices.

office.

This act in

3. That this act shall be, and continue, in force for three force for three years, and no longer. [Approved, March 3, 1817.]

CHAP. 238. An act to fix the peace establishment of the marine corps.

years. Vol. iii. p. 1803.

Vol. ii. p.

1414.

officers, musi

1. Be it enacted, &c. That the peace establishment of the Number of marine corps shall consist of the following officers, noncommis- cians, and prisioned officers, musicians, and privates, viz: one lieutenant colo- vates. nel commandant, nine captains, twenty-four first lieutenants, sixteen second lieutenants, one adjutant and inspector, one paymaster, and one quartermaster, to be taken from the said captains and lieutenants, seventy-three corporals, forty-two drums and fifes, and seven hundred and fifty privates.

The president

2. That the president of the United States cause the pro- to cause this

ried into effect,

act to be car- visions of this act to be carried into effect on the first day of on the 1st of April next, or as soon thereafter as circumstances will admit, and April, 1817; cause any supernumerary officers to be discharged from the sersupernumera- vice of the United States; and to all persons so discharged, there be discharged, shall be paid three months' additional pay.

ry officers to

&c.

any of the offi

The president 3. That the president of the United States may, in the remay appoint cess of the senate, appoint any of the officers authorized by this cers in the re- act, which appointments shall be submitted to the senate, at their next session, for their advice and consent. [Approved, March 3, 1817.]

Ccss of the

senate, &c.

Acts making appropriations for the pur

CHAP. 260. An act to provide for the redemption of the public debt.

§ 1. Be it enacted, &c. That so much of any act, or acts, of congress, as makes appropriations for the purchase or reimbursechase, &c. of ment of the principal, or for the payment of the interest, of the funded debt of the United States, be, and the same is hereby, repealed.

the funded

debt, &c. re

pealed.

An annual sum

dolls. appro

the money.

to pay the

2. That from the proceeds of the duties on merchandise imof 10,000,000 ported, and on the tonnage of vessels, and from the proceeds of priated to sink- the internal duties, and of the sales of western lands now belonging fund. ing, or which may hereafter belong, to the United States, the annual sum of ten millions of dollars be, and the same is yearly, Application of appropriated to the sinking fund; and the said sum is hereby declared to be vested in the commissioners of the sinking fund, in the same manner as the moneys heretofore appropriated to the said fund, to be applied by the said commissioners to the payment of interest and charges, and to the reimbursement or purThe secretary chase of the principal of the public debt; and it shall be the of the treasury duty of the secretary of the treasury, annually to cause to be 10,000,000 of paid to the commissioners of the sinking fund, the said sum of Commissioners ten millions of dollars, in such payments, and at such times in of the sinking each year, as the situation of the treasury will best admit: Provided, That all such payments as may be necessary to enable the said commissioners to discharge or reimburse any demands against the United States, on account of the principal or interest of the debt which shall be actually due in conformity to the engagements of the said United States, shall be made at such times in each year as will enable the said commissioners faithfully and punctually to comply with such engagement: Provided also, Proviso; as to That any money which may have been paid, before the passage payments of this act, to the commissioners of the sinking fund, for the year commissioners one thousand eight hundred and seventeen, as a part of the an

dolls. to the

fund.

Proviso; as to the time of payment.

made to the

heretofore.

nual appropriation heretofore made by law to that fund, shall be held to be a payment for the year one thousand eight hundred and seventeen, on account of the appropriation of ten millions hereinbefore directed.

3. That, in addition to the sum of ten millions of dollars, hereinbefore annually appropriated to the sinking fund, there shall be appropriated, for the year one thousand eight hundred and seventeen, to the sinking fund, the further sum of nine millions of dollars, to be paid, out of any moneys in the treasury not otherwise appropriated, at such time, within the year, as the se

of 4,000,000

vance, &c.

cretary of the treasury shall deem most conducive to the public interest, to be applied by the commissioners of the sinking fund to the purchase or redemption of the public debt; and it shall A further sum be lawful for the secretary of the treasury, at any time during the dolls, during year one thousand eight hundred and seventeen, if he shall deem 1817, in adit expedient to do so, to cause to be paid to the commissioners of the sinking fund a further sum, not exceeding four millions of dollars, which shall be considered as an advance, to that amount, on the appropriation of ten millions, payable in the next year, and the said amount shall also be applied by the said commissioners to the purchase or redemption of the public debt; and the commissioners, aforesaid are authorized and directed to apply the sums by this act appropriated, to the purchase and redemp- the debt holdtion of the public debt holden by the bank of the United States, en by the if not otherwise to be obtained on the terms stated in this act.

Purchase of

bank, &c.

in the treasu

§ 4. That after the year one thousand eight hundred and se- Any surplus venteen, whenever there shall be, at any time after an adjourn- ry, above apment of congress, in any year, a surplus of money in the treasu- priations, and leaving two ry, above the sums appropriated for the service of such year, the millions there, payment of which to the commissioners of the sinking fund will appropriated to the sinking yet leave in the treasury, at the end of the year, a balance equal fund. to two millions of dollars, then such surplus shall be, and the Repealed. same is hereby, appropriated to the sinking fund, to be paid at 2192. such times as the situation of the treasury will best permit ; and shall be applied, by the commissioners thereof, to the purchase or redemption of the public debt.

Vol. iv. p.

is a surplus in

missioners

to exceed the

§ 5. That whenever, in any year, there shall be a surplus in When there the sinking fund, beyond the amount of interest and principal the sinking which may be actually due and payable by the United States, in fund, the comsuch year, in conformity with their engagements, the commis- may purchase sioners of the sinking fund shall be, and they are hereby, author- the debt at the market price. ized, with the approbation of the president of the United States, to purchase the debt of the United States, at its market price, if such price shall not exceed the following rates, viz: for stock of The price not the United States bearing an interest of three per centum per rates specifiannum, there shall not be paid more than sixty-five dollars for ed. Repealed. every hundred dollars of the principal thereof; for stock bearing Vol. iv. p. an annual interest of six per centum per annum, there shall not 2192. be paid more than the par or true value thereof; and for stock bearing an annual interest of seven per centum, there shall not be paid an advance, above the par value thereof, which shall exceed, for every hundred dollars of stock, the computed value of an annuity of one dollar for a number of years, equal to that during which the stock so purchased will not be reimbursable at the pleasure of government, estimating, in such computation, the interest of money at six per centum per annum.

6. That all certificates of public debt, which, by payment Certificates of the public or purchase, have become, or hereafter shall become, the pro- debt which beperty of the United States, shall be cancelled or destroyed, at come the property of such times, and under such regulations and securities, as the the United commissioners of the sinking fund, with the approbation of the States, to be president, shall establish and determine. And no interest shall

cancelled.