final judgment or decree, shall be vested in the district court for been institutthe said southern district of New York, and the said court shall have as full power to hear, try, and determine, the said suits and court. causes, as the district court for the district of New York had by law. ed in the former district diction of the 6. That the original jurisdiction of the circuit court of the Original jurissouthern district of New York shall be confined to causes arising circuit court within the said district, and shall not be construed to extend to of the southern district, causes of action arising within the northern district of New confined to, York. [Approved, April 3, 1818.] &c. CHAP. 32. An act to establish the flag of the United States. $1. Be it enacted, &c. That, from and after the fourth day of After the 4th July, 1818, the July next, the flag of the United States be thirteen horizontal flag to be 13 stripes, alternate red and white: that the Union be twenty stars, strips. white in a blue field. stripes and 20 2. That, on the admission of every new state into the Union, A star to bu one star be added to the union of the flag; and that such addi- added for tion shall take effect on the fourth day of July then next suc- state. ceeding such admission. [Approved, April 4, 1818.] every new CHAP. 33. An act supplementary to the act, entitled "An act to authorize the state of Ten- Vol. ii. p. nessee to issue grants and perfect titles to certain lands therein described, and to settle the 1014. claims to the vacant and unappropriated lands within the same," passed the eighteenth of April, one thousand eight hundred and six. Tennessee may issue all entries, laws of North And may issue § 1. Be it enacted, &c. That it shall be lawful for the state of The state of Tennessee to issue grants and perfect titles on all special entries and locations of lands in the said state, made, pursuant to the grants, &c. on laws of North Carolina, before the twenty-fifth day of February, &c. made purin the year one thousand seven hundred and ninety, which were suant to the good and valid in law, and recognised by the act of the said Carolina, &c. state of North Carolina, commonly called the cession act, passed the day of December, one thousand seven hundred and eighty-nine, and which lie west and south of the line described in the act to which this is supplementary; and also to issue grants and perfect titles on all warrants of survey interfering grants on warentries and locations, which might be removed by the cession act of North Carolina aforesaid, and which are good and valid in law, and which have not been actually located or granted, east and north of the aforesaid line; and all interfering grants which And all interare good and valid in law, or the warrants or certificates legally &c. under the issued, in consequence of such interference, on land lying south same rules, and west of the said line, in the manner, and under the same or &c. similar rules, regulations, and restrictions, as are prescribed by the laws now in force in the said state of Tennessee, for issuing grants and perfecting titles on claims of a like nature for lands lying north and east of the said line. rants of sur◄ vey, &c. fering grants, 2. That, previous to issuing a grant or perfecting a title on Previous to isany of the claims hereinbefore described, the warrant, or other suing a grant, legal evidence of such claim, shall be laid before the commis- &c. the warsioner of land claims for West Tennessee, for the time being, ap- must be laid pointed by the authority of the said state, and approved by him rant, &c. before the commissioner of land claims for West Tennessee, &c. The warrant, &c. being declared valid, the land to be surveyor. Grant to be executed by the governor. Proviso; the Indian claim must have been extinguished. Persons who have had grants from na since 23d as valid, upon sufficient legal evidence being adduced of such validity, according to the rules and regulations prescribed by the laws of the said state now in force, for deciding on warrants and other land claims of the like nature, authorized to be perfected into grants, north and west of the aforesaid line; and, upon such warrant or other legal evidence, of any of the claims aforesaid, being declared valid by said commissioner, it shall be lawful for the surveyor of the proper district, or county, to lay off and survey the same, in the manner prescribed by the laws of the said state in similar cases, and return such survey to the register of the land office of West Tennessee, who shall thereupon be authorized to make out a grant thereon, to be executed by the governor, and countersigned by the secretary, of the said state, in the manner provided by the laws of the same: Provided, That no surveys shall be inade, grants issued, or titles perfected, by virtue of this act, for any land to which the Indian claim has not been previously extinguished. 3. That those persons who have had surveys made, and obtained grants, from the state of North Carolina, since the twentyNorth Caroli- third day of December, in the year of our Lord one thousand Dec. 1811, for eight hundred and eleven, for lands lying within the state of lands in Ten- Tennessee, shall, upon surrendering such grants to the said comnesse, on sur-missioner of land claims for West Tennessee, for the time being, rendering them to be to be cancelled and vacated, be allowed to produce the entries, cancelled, warrants, or other evidences of claims, upon which such grants may obtain grants from were founded; and if the said claims shall be deemed good and Tennessee. valid by the said commissioner, then it shall be lawful for the state of Tennessee to issue grants and perfect titles on such claims in the same manner as if no such grants had been issued by the state of North Carolina. [Approved, April 4, 1818.] The assent of congress granted to an act of North Carolina. This act in force for five years. Where fishing vessels have been prevent ed from fish ing at sea for CHAP. 34. An act declaring the consent of congress to an act of the state of North Carolina for the relief of sick and disabled American seamen. 1. Be it enacted, &c. That the assent of congress be, and hereby is, granted and declared to an act of the legislature of the state of North Carolina, entitled "An act for the relief of sick and disabled American seamen," and passed on the twentythird day of December last; and the said act is hereby ratified and confirmed. er. 2. That this act shall be in force for five years, and no long[Approved, April 4, 1818.] CHAP. 35. An act concerning the bounty or allowance to fishing vessels in certain cases. 1. Be it enacted, &c. That where any fishing vessel of the United States has been, since the eighteenth day of February, in the year one thousand eight hundred and fifteen, prevented, by illegal capture or seizure, under authority, or pretence of authority, from any foreign government, from fishing at sea, for any part of the term of four months required by law to be employed computed, and by such vessel in fishing, in order to entitle the owner of such vessel to the bounty or allowance prescribed by law, the time of the unlawful detention of such vessel shall be computed as a part any part of the four months required, the time to be the bounty, &c. to be paid. of the said four months, and such bounty or allowance shall be paid accordingly: Provided, That such vessel has, in all other Proviso; the respects, complied with the requisites of the laws now in force. other requi[Approved, April 4, 1818.] CHAP 40. An act concerning the territory of Alabama. sites must have been complied with. quarter sec abama, &c. § 1. Be it enacted, &c. That any person or persons who have Persons who or may hereafter purchase, from the United States, one quarter purchase a section or more of land in the Alabama territory, and shall have tion or more paid one fourth part thereon, as the law in such cases requires, of land in Aland shall have obtained a certificate of the proper land office to shall be comthat effect, shall be competent to hold any office of honor or petent to hold profit in the said territory; any thing in the ordinance or for- honor or promer laws of the United States to the contrary notwithstanding, fit, &c. [Approved, April 9, 1818.] any office of CHAP. 43. An act to extend the time for locating Virginia military land warrants, and re- Vol. ii. p. turning surveys thereon to the general land office; and for designating the western 1049. boundary line of the Virginia military tract. Vol. iii. p. 1806, 1918. Officers and entitled to 1. Be it enacted, &c. That the officers and soldiers of the Virginia line on continental establishment, their heirs, and as- soldiers of the signs, entitled to bounty lands, within the Virginia military tract, Virginia line between the Little Miami and the Sciota rivers, shall be allow- bounty lands, ed a further term of two years, from the ratification of any treaty allowed two years, &c. to extinguishing the Indian title to lands within the said boundaries obtain warnot heretofore extinguished, to obtain warrants and complete rants, &c. their locations; and a further term of three years, from the ratification of any treaty extinguishing the Indian title to lands with- to return their in the said boundaries not heretofore extinguished, as aforesaid, surveys, &c. to return their surveys and warrants, or certified copies of warrants, to the general land office; any thing in any former act to' the contrary notwithstanding. And 3 years tents to issue for lands sur vived, &c. ex Vol. ii. p. 1056. 2. That the provisions of the act, entitled "An act author- The act auizing patents to issue for lands located and surveyed by virtue of thorizing pacertain Virginia resolution warrants," passed on the third day of March, one thousand eight hundred and seven, shall be revived veyed in virtue of Virginia and in force, with all its restrictions, except that the respective resolution times allowed for making locations and returning surveys there- warrants, reon, shall be limited to the terms prescribed by the first section cept, &c. of this act for the location and return of surveys on other warrants, and that the surveys shall be returned to the general land office: Provided, That no locations, as aforesaid, in virtue of this, Proviso; no or the preceding, section of this act, shall be made on tracts tracts for of lands for which patents had previously been issued, or which had previous had been previously surveyed; and any patent which may, nev-ly issued or ertheless, be obtained for land located contrary to the provisions been surveyof this act, shall be considered null and void: Provided also, ed, &c. That no locations or surveys shall be made within that part of locations or the said military tract to which the Indian title remained hereto surveys withfore unextinguished, until after six months shall have elapsed the military from the date of a proclamation of the president of the United tract, &c. un States, declaring a treaty or treaties to have been concluded and after date of VOL. III. 190 which patents which had Proviso; no in that part of til six months tinguishing proclamation ratified, providing for the extinguishment of the Indian title to of a treaty ex- such lands; nor shall any patent be granted for any location, Indian title; survey, or entry, that has been, or shall be, made, prior to the expiration of six months from and after the ratification of such treaty. nor, &c. The line designated by 1804, to re main the westerly otherwise di $ 3. That from the source of the Little Miami river to the Inthe act of the dian boundary line established by the treaty of Grenville, in one 23d of March, thousand seven hundred and ninety-five, the line designated as the westerly boundary line of the Virginia tract, by an act of boundary line congress, passed on the twenty-third day of March, one thousand of the Virgin- eight hundred and four, entitled "An act to ascertain the bounia tract, until dary of the lands reserved by the state of Virginia northwest of rected by law. the river Ohio, for the satisfaction of her officers and soldiers on Vol. ii. p. 93. continental establishment, and to limit the period for locating the said lands," shall be considered and held to be such until otherwise directed by law: And from the aforesaid Indian boundary line to the source of the Sciota river, the line run by Charles Roberts, in one thousand eight hundred and twelve, in westerly pursuance of instructions from the commissioners appointed on boundary, &c. the part of the United States, to esblish the western boundary of the said military tract, shall be considered and held to be the No patents for Westerly boundary line thereof; and that no patent shall be of the lines. granted on any location and survey that has or may be made west of the aforesaid respective lines. [Approved, April 11, 1818.] The line run by Charles 1812, to be considered the locations west The secretary, the nett pro Indiana, &c. The sums to CHAP. 45. An act to provide for paying to the state of Indiana three per cent. of the nett proceeds arising from the sales of the United States' lands within the same. 1. Be it enacted, &c. That the secretary of the treasury of the treasu- shall, from time to time, and whenever the quarterly accounts of ry, from time to time, to pay public moneys of the several land offices shall be settled, pay $ per cent. of three per cent. of the nett proceeds of the lands of the United ceeds of pub- States, lying within the state of Indiana, which, since the first lic lands in day of December, one thousand eight hundred and sixteen, have been, or hereafter may be, sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the legislature of the said state to receive the same; which sums, thus paid, shall be applied to be applied to making public roads and canals within the said state, in conmaking public roads, &c. formity to the provision on this subject, contained in the act, entitled "An act to enable the people of the Indiana 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," and to no other purpose whatever; and an annual account of the application of the same shall be transmitted to the secretary of the treasury, by such officer of the state as the legisAn annual ac- lature thereof shall direct; and in default of such return being count to be made, the secretary of the treasury is hereby required to withhold the payment of any sum that may then be due, or which may thereafter become due, until a return shall be made, as herein required. [Approved, April 11, 1818.] Vol. iii. p. 1565. sent to the secretary of the treasury, &c. CHAP. 47. An act to change the name of the district of Erie, in the state of Ohio. Erie to be 1. Be it enacted, &c. That, from and after the thirtieth day The district of of June, one thousand eight hundred and eighteen, the district of called the disErie, in the state of Ohio, shall be called the district of Cuya- trict of Cuyahoga. hoga. [Approved, April 11, 1818.] CHAP. 55. An act to repeal part of the act, entitled "An act to provide for surveying the Vol. ii, p. coasts of the United States." 1038. 1. Be it enacted, &c. That so much of the third section of None but perthe act, passed the tenth day of February, one thousand eight to army and sons belonging hundred and seven, entitled "An act to provide for surveying navy to be emthe coasts of the United States," as authorizes the employment of ployed in surveying the other persons in the execution of said act, than the persons belonging to the army and navy, be, and the same is hereby, repealed. § 2. That all instruments and property of the United States, and all surveys, drafts, notes, charts, maps, and documents, in any wise belonging to the survey of the coasts, be deposited in such place as the president of the United States shall direct. [Approved, April 14, 1818.] CHAP. 56. An act regulating the staff of the army. coasts. Instruments, surveys, drafts, charts, &c. to deposited as directs. be the president Vol. ii. p. 1509. 1574, 1809. § 1. Be it enacted, &c. That so much of the act "fixing the Vol. iii. p. military peace establishment of the United States," passed the Vol. iv. p. third of March, one thousand eight hundred and fifteen, as re- 2170. lates to hospital stewards and wardmasters, and so much of the "Act for organizing the general staff, and making further provision for the army of the United States," passed April twentyfourth, one thousand eight hundred and sixteen, as relates to hospital surgeons, hospital sergeon's mates, judge advocates, chaplains, and forage, wagon, and barrack, masters, and their assistants, be, and the same is hereby, repealed. cate. geons to a di § 2. That there shall be one surgeon general, with a salary of A surgeon general. two thousand five hundred dollars per annum, one assistant sur- Assistant surgeon general, with the emoluments of a hospital surgeon, one geon general. judge advocate, with the pay and emoluments of a topographical Judge advoengineer, to each division, and one chaplain, stationed at the Chaplin, &c. military academy at West Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post 8 post sursurgeons be increased, not to exceed eight to each division. vision. 3. That so much of the act of the twenty-fourth of April, one thousand eight hundred and sixteen, aforesaid, as relates to the quartermaster general of division, shall be repealed; and the 1816, repealed. quartermaster's department shall consist, in addition to the two Quartermasdeputy quartermasters general, and the four assistant deputy quartermasters general, now authorized, of one quartermaster general, with the rank, pay, and emoluments, of a brigadier general, and as many assistant deputy quartermasters general as the president shall deem proper, not exceeding, in the whole number, twelve. 4. That to each commissioned officer who shall be deranged Another part 24th April, of the act of ter's depart ment to consist, &c. puties as the president ecu Assistant de deems proper, &c. Three months' additional pay, |