the lands belonging to persons residing therein; and that no tax mod higher, shall be imposed on lands, the property of the United Slates; on u. and that all navigable waters within the said state shall forever States' lands, remain public highways, free to the citizens of said state and of the United Stales, without any tax, duty, impost, or toll, therefor, imposed by the said state.

<§> 7. That, in lieu of a section of land, provided to be reserv- i620acresor ed for the seat of government of the said territory, by an act, oYgovtrnmVnt', entitled " An act respecting the surveying and sale of the public heu.&c. lands in the Alabama territory," there be granted to the said inil"'p' state, for the seat of the government thereof, a tract of land containing sixteen hundred and twenty acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirty-two, in township sixteen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides of the Alabama and Cahawba rivers, and including the mouth of the river Cahawba, and which heretofore has been reserved from public sale, by order of the president of the United States.

$ S. That, until the next general census shall be taken, the TM"/t,*„ne0n' said state shall be entitled to one representative in the house of rapnMnutira representatives of the United States. jucongreaa,

<§> 9. That, in case the said convention shall form a constitu- A true and attion and state government for the people of the territory of Alaba- l"led C0W o{

r ~ r i f ii the constitu

ma, the said convention, as soon thereafter as may be, shall cause tion to be a true and attested copy of such constitution or frame of govern- trmm"lc'''°

-ii i i O congress, Ste,

mcnt as shall be formed or provided, to be transmitted to cougress, for its approbation. [Approved, March 2, 1819.]

Chap. 172. An act supplementary to the acts concerning the coasting trade. Vol. i. p. 285.

vol. iii. p.

§ I. lie it enacted, SfC. That, for the more convenient regula- w» tion of the coasting trade, the seacoast and navigable rivers of andenavfg0abLo the United States be, and hereby are, divided into two great dis- rivers of the

i_ is . - • i i ii L •• \ . .l j U. Statesdi

tricts; the nrst, to include all the districts on the seacoast and vided into two navigable rivers, between the eastern limits of the United States great districts,

. .. . . • i j for the con

and the southern limits of Georgia; and the second, to include v,.m,.BC.. „,• all the districts on the seacoast and navigable rivers, between |h°d°"Mting the river Perdido and the western limits of the United States.

>$, 2. That every ship or vessel, of the burden of twenty tons ^"S^may" or upwards, licensed to trade between the different districts of the carry on trade United States, shall be, and is hereby, authorized to carry on SSS^i. such trade between the districts included within the aforesaid in the great great districts, respectively, and between a state in one, and an JjJUJjJ and adjoining stale in another, great district, in manner, and subject state in one, only to the regulations that are, now by Jaw required to be ob- EjJSiljJ"" served by such ships or vessels, in trading from one district to another^disanothcr in the same state, or from a district in one state to a dis- nc' ^ trict in the next adjoining state, any thing in any law to the contrary notwithstanding.

<§> 3. That every ship or vessel, of the burden of twenty tons R or upwards, licensed to trade as aforesaid, shall be, and is here- be observed.

•Trade be-
tween dis-
tricts not in-
cluded, &c. to
be carried on
as already
This act to be
in force from
30th June,

Vol. iv. p.

Part of the Missouri territory, after 4th July, 181^," I* form a sepa'rate territory, to be called Arkansaw.

A temporary government to be established.

Executive power in a gqvernor."

Powers of the governor.

A secretary.

Duties of the secretary.

by, required, in trading from one to another great district, other than between a state in one, and an adjoining state in another, great district, to conform to and observe the regulations, that, at the time of passing this act, are required to be observed by such vessels in trading from a district in one state to a district in any other than an adjoining state.

<§> 4. That the trade between the districts not included in either of the two great districts aforesaid, shall continue to be carried on in the manner, and subject to the regulations, already provided for this purpose.

<§> 5. That this act shall commence and be in force, from and after the thirtieth day of June next after the passing thereof. [Approved, March 2, 1819.]

Chap. 173. An act establishing a separate territorial government in the southern part of the territory of Missouri.

$ 1. Be it enacted, fyc. That, from and after the fourth day of July next, all that part of the territory of Missouri which lies south of a line beginning on the Mississippi river, at thirty-six degrees norlh latitude, running thence west to the river St. Francois; thence, up the same, to thirty-six degrees thirty minutes north latitude; and thence, west, to the western territorial boundary line; shall, for the purposes of a territorial government, constitute a separate territory, and be called the Arkansaw territory.

$ 2. That there shall be established in the said territory of Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.

$ 3. That the executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office during three years, unless sooner removed by the president of the United States: he shall be commander in chief of the militia of said territory, shall have power to appoint and commission all officers required by law to be appointed for said territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, unt il the decision of the president thereon shall have been made k nown; shall, on extraordinary occasions, have power to convene tne general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall, ex officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law' given to, and imposed on, the governor of the Missouri territory, in all cas'es in which they shall become legally applicable to the territory of Aarkansaw.

$ 4. That there shall be a secretary for the said territory, who shall reside therein, and continue in office for the term of four years, unless sooner removed by the president: he shall perform all the duties imposed on the secretary for the territory of Missouri, by an act of congress of the fourth of June, eighteen hundred and twelve, entitled " An act providing for the government of Missouri."

§ 5. That the legislative power shall, until the organization of Legislative the general assembly, hereinafter provided for, be vested in the J^TM "no'I'a'nd governor and the judges of the superior court of the territory, judge* of the who shall have power to pass any law for the administration of *ui*rl0r cour'justice in said lerritory, which shall not be repugnant to this act, or inconsistent with the constitution of the United States: Pro- 1*TM*j*"e; lew vided, That whenever the general assembly shall be organized, er lo be eierall the legislative power of the territory shall be vested in, and clIod h,f ,h8

, . ■ i i i • i i ii general as

be.exercised by, the said general assembly. sembiy.&c.

§ 6. That so much of the act of congress of ihe fourth of June, So much of eighteen hundred and twelve, entitled "An act providing for the Vho 41,1

r L r »•■ • >> i ■ • June, 1812, as

government of the territory of Missouri, as relates to the organi- relates, *c. to zation of a general assembly therein, prescribes the powers and ^'"/""jjo. privileges thereof, the mode of election, and period of service, rity of freeof the members thereof, and defines the qualifications and privi- .ht<>'derdesiro leges of the electors and elected, shall be in full force and ope- Vol. ii. p. ration in the Arkansaw territory, to the extent of its application, 1252" so soon as the governor thereof shall be satisfied that such is the Vo|. ui. p. desire of a majority of the freeholders thereof, and not until then: 1774. Provided, That until there shall be five thousand free white Proviso j repmales, of the age of twenty-one years and upwards, resident in "«<>l«'»««

. . i .i i <■ • i ■■ not to exceed

the said territory, the whole number of representatives shall not nine, until, exceed nine.

<§. 7. That the judicial power of the territory shall be vested judicial powin a superior court, and in such inferior courts as the legislative *nr'°^ ""or*1 department of the territory shall, from time to time, institute and and inferior establish, and in justices of the peace. The superior court shall court">&cbe composed of three judges, who shall reside in the territory, coin^wurs and continue in office for the term of four years, unless sooner judges, &c. removed by the president. The superior court shall have juris- Jurisdiction of diction in all criminal and penal cases, and exclusive cognizance C0ur8"periu' of all capital cases, and shall have and exercise original jurisdiction, concurrently with the inferior courts, and exclusive appellate jurisdiction in all civil cases in which the amount in controversy shall be one hundred dollars or upwards. The superior j^'J 0"dhol_ court shall be holden at such times and place, or places, as the ding the supelegislative department shall direct, and continue in session until ""court, the business therein shall be disposed of, or as long as shall be prescribed by law: Provided, That any two of the judges shall Proviso; two constitute a court of appellate, and any one a court of original, j^*^,^"1 jurisdiction.

<5> 8. That the governor, secretary, judges, and all other offi- Governor, secers, of the territory, civil and military, shall, before they enter eretary, judg

■ • ■ r ■ • at * -i .L m es, etc. to taka

on the duties of their respective offices, take an oath or amrma- »n oath, tion to mpportthe constitution of the United States, and to discharge, with fidelity, the duties of their offices; the governor, before a judge of the supreme or district court of the United B"1"0" whomStates, or a judge of the superior court of the said territory; the secretary and judges, before the said governor, or a judge of the supreme or district court of the United States; and all other officers, before the governor, or any of the judges of the supreme or inferior courts, or justices of the peace, of said territory. $ 9. That the governor, secretary, and judges of the superior Governor,

to be appoint- court, authorized for said territory, during the temporary governBideni,l&<re ment thereof, shall be appointed by the president of the United Proviso; the States, with the advice and consent of the senate: Provided, Eomm?MiOTay '1'nat lhe president shall have full power, during the recess of tho during the re- senate, to commission all or any of the said officers, until the end co"* of the session of congress next succeeding lhe date of the coin

Compensation mission. The governor, secretary, and judges of the superior of the gover- court, shall receive the same compensation, payable quarter nor,&0" yearly, which the governor, secretary, and superior judges, of the

Missouri territory are entitled to by law. Laws in force $ 10. That all the laws which shall be in force in the territoin Missouri, ry 0f tne Missouri, on the fourth day of July next, not ihconsist1819, not in- ent with the provisions of this act, and which shall be applicable to consistent,^ jne territory of Arkansaw, shall be, nnd continue, in torce in the force'tnAr- latter territor), until modified or repealed by the legislative aukansaw. thority thereof.

MiiHaryboun- "J, 11. That the bounty lands granted, or hereafter to be grantompTfromiax- ed, for military services during the late war, shall, while they esfors years continue to be held by the patentees or their heirs, remain expaums,whiie, empt from all taxes, for the term of three years from and after

the date of the patents respectively, when.&c. *§> 12. That whenever, according to the provisions of this act, riSu to etect* lne PeoP'e °^ ,ne Arkansaw territory shall have a right to elect adeicgat/to members of the house of representatives of their general assemcongress, &c. D]y( tney sna|| a|so have the right to elect a delegate from the said territory to the congress of the United States, who shall possess the same powers, enjoy the same privileges, and receive' the same compensation, granied and secured by law to the delegates from other territories. Scat of gov- $ 13. That until otherwise directed by the legislative depart?h""ostlof b° menl of lne said territory of Arkansaw, the seat of the territoriArkansaw, al government thereof shall be the post of Arkansaw, on the Ar

untiL&c. fcansaw fiver

The line, &.c. $ 14. That the line now Established by law, between the land to be so alter- offices at the seat of justice in the county of Lawrence, and at respond with the town of Jackson, in the county of Cape Gireadeau, shall, the northern fr0m and after the passage of this act, be so altered as to run, be ritory of Ar-" the same, and correspond, with the northern line of the said lerkansaw. ritory of Arkansaw, any thing in the act, entitled " An act mak16°o9."' P' ing provision for the establishment of additional land offices in the territory of Missouri," passed the seventeenth day of February, one thousand eight hundred and eighteen, to the contrary notwithstanding. [Approved, March 2, 1819.]

Chip. 176. An act authorizing lhe postmaster general to contract, as in other cases, tor carrying the mail in sieam boats, between New Orleans, in the state of Louisiana, and Louisville, in the state of Kentucky;

ur^rwraT"" § I. Be it enacted, #c. That the postmaster general may, and coiu°acZi°?or0 'IC's 'iere°y authorized to, contract for the transportation of the carrying the mail in steam boats, between New Orleans, in the state of Loumaii, Ate. isiana, and Louisville, in the state of Kentucky, for any term of time, not exceeding four years in any one contract, in the same way and manner as he lawfully may, for the carriage of it, by land; but the whole expense of sending the mail in steam boats Expense not shall not exceed that of transmitting the same by land. [Ap- of'ransmitUng proved, March 2, 1819.] by land.

Chap. 183. An act extending the term of half pay pensions to the widows and children of yQ| -j

certain officers, seamen, and marines, who died in the public service. '''

$ 1. Be it enacted, #c. That, in all cases where provision, has i$7s!M'p" been made by law for,five years half pay to the widows and chil- Fiveycarsaddren of officers, seamen, and marines, who were killed in battle, p^y0M"ih**wi. or died of wounds received in battles, or who died in the naval dowsandehiiservice of the United States, during the late war, the said provi- Cers,&c.kiiision shall be continued for the additional term of five years, to in battle, commence at the end of the first term of five years, in each case, respectively, making the provision equal to ten years half pay; which shall be paid in the manner, and out of the fund, hereto- to be paid as fore designated by law; and the said pensions shall also cease J*acw'g^*tcJ by for the reasons mentioned in the said law. [Approved, March' 3, 1819.]

Chat. 193. Anact to provide for the due execution of the laws of the United States within

the state of Illinois.

>§> 1. Beit enacted, fyc. That the laws of the United States, Lawsofthe which are not locally inapplicable, shall have the same force and ^—pHc"^"1 effect within the state of Illinois as elsewhere within the United in force in Slates. . mno,s

<§. 2. That the said state shall be one district, and be called niinoisaiathc Illinois district. And a district court shall be held therein, outrict court, to consist of one judge, who shall reside in the said district, and of one judge, be called a district judge. He shall hold, at the seat of government of the said state, two sessions annually, on the first Mon- Two se^n». days in May and December; and he shall, in all things, have and p'w*TM"J ,h'0 exercise the same jurisdiction and powers which were by law judge, given to the judge of the Kentucky district, under an act, entitled "An act to establish the judicial courts of the United States." He shall appoint a clerk for the said district, who shall reside A clerk> and keep the records of the court at the place of holding the same, and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled clerk's fee*, lor similar services.

$ 3. That there shall be allowed to the judge of the said dis- 1^,dolJistricl court, the annual compensation of one thousand dollars, to pCn»tionto commence from the date of his appointment; to be paid, quar- *»jodg«. tcr yearly, at the treasury of the United States. 2Hy.bto*"r"

$ 4. That there shall be appointed, in the said district, a per- District attor. son learned in the law, to act as attorney for the United States, »eywho shall, in addition to his stated fees, be paid, by the United 200dolls, per

<~. f tain r 11 'r- 11 ann. for his ex

StateS, two hundred dollars, as a full compensation for all extra tra services.


$ 5. That a marshal be appointed for the said district, who A ■»»""•'• shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and shall, moreover, be enti-aofldoiu. antled to the sum of two hundred dollars annually, as a compensa- "JtraliervK" tion for all extra services. [Approved, March 3, 1819.]

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