&c. the lands belonging to persons residing therein; and that no tax taxed higher, land for a seat Vol. iii. p. 7. That, in lieu of a section of land, provided to be reserv- 1620 acres of ed for the seat of government of the said territory, by an act, ot government, entitled "An act respecting the surveying and sale of the public in lieu, &c. lands in the Alabama territory," there be granted to the said 1711. state, for the scat 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. titled to one in congress, S. That, until the next general census shall be taken, the The state ensaid state shall be entitled to one representative in the house of representative representatives of the United States. $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- tested copy of 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 government as shall be formed or provided, to be transmitted to congress, for its approbation. [Approved, March 2, 1819.] the constitu transmitted to congress, &c. Vol. i. p. 285. vol. ii. p. The seacoast and navigable U. States di CHAP. 172. An act supplementary to the acts concerning the coasting trade. 1. Be it enacted, &c. That, for the more convenient regula- 1850. tion of the coasting trade, the seacoast and navigable rivers of the United States be, and hereby are, divided into two great dis- rivers of the tricts; the first, to include all the districts on the seacoast and vided into two navigable rivers, between the eastern limits of the United States great districts, and the southern limits of Georgia; and the second, to include venience of all the districts on the seacoast and navigable rivers, between the coasting the river Perdido and the western limits of the United States. for the con trade. sels, &c. may districts with between a § 2. That every ship or vessel, of the burden of twenty tons Licensed vesor upwards, licensed to trade between the different districts of the carry on trade United States, shall be, and is hereby, authorized to carry on between the such trade between the districts included within the aforesaid in the great great districts, respectively, and between a state in one, and an districts, and adjoining state in another, great district, in manner, and subject state in one, only to the regulations that are, now by law required to be ob- and an adjoinserved by such ships or vessels, in trading from one district to another, disanother in the same state, or from a district in one state to a district, &c. trict in the next adjoining state, any thing in any law to the contrary notwithstanding. ing state in Regulations to § 3. That every ship or vessel, of the burden of twenty fons or upwards, licensed to trade as aforesaid, shall be, and is here- be observed. Trade between districts not in cluded, &c. to be carried on as already provided. This act to be 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 in force from after the thirtieth day of June next after the passing thereof. [Approved, March 2, 1819.] 30th June, 1819. Vol. iv. P: 2106. Part of the tory, after 4th form a sepa rate territory, to be called Arkansaw. A temporary government to CHAP. 173. An act establishing a separate territorial government in the southern part of the territory of Missouri. 1. Be it enacted, &c. 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 north 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 be establish- Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary. ed. Executive power in a governor." 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 Powers of the United States: he shall be commander in chief of the militia of governor. 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, until the decision of the president thereon shall have been made known; shall, on extraordinary occasions, have power to convene the 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 cases 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 Duties of the 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." A secretary. secretary. 5. That the legislative power shall, until the organization of Legislative the general assembly, hereinafter provided for, be vested in the power in the governor and governor and the judges of the superior court of the territory, judges of the who shall have power to pass any law for the administration of superior court. justice in said territory, which shall not be repugnant to this act, or inconsistent with the constitution of the United States: Pro- Proviso; legislative powvided, That whenever the general assembly shall be organized, er to be exerall the legislative power of the territory shall be vested in, and cised by the general asbe exercised by, the said general assembly. sembly, &c. June, 1812, as when a majo holders desire 6. That so much of the act of congress of the fourth of June, So much of eighteen hundred and twelve, entitled "An act providing for the the act of 4th government of the territory of Missouri," as relates to the organi- relates, &c. to zation of a general assembly therein, prescribes the powers and be in force privileges thereof, the mode of election, and period of service, rity of freeof the members thereof, and defines the qualifications and privi- it. 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, so soon as the governor thereof shall be satisfied that such is the vol. iii. 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; repmales, of the age of twenty-one years and upwards, resident in resentatives the said territory, the whole number of representatives shall not nine, until, exceed nine. 1252. not to exceed &c. er to be vested court. § 7. That the judicial power of the territory shall be vested Judicial powin a superior court, and in such inferior courts as the legislative in a superior department of the territory shall, from time to time, institute and and inferior establish, and in justices of the peace. The superior court shall courts, &c. be composed of three judges, who shall reside in the territory, Superior court 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 the superior diction in all criminal and penal cases, and exclusive cognizance 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 Times and places of holcourt shall be holden at such times and place, or places, as the ding the supelegislative department shall direct, and continue in session until rior 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, judges a court of appellate, jurisdiction. on &c. an oath. 8. That the governor, secretary, judges, and all other offi- Governor, secers, of the territory, civil and military, shall, before they enter cretary, judg the duties of their respective offices, take an oath or affirma- es, &c. to take tion to support the 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 Before whom. States, 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 sident, &c. commission to be appoint- court, authorized for said territory, during the temporary governed by the pre- ment thereof, shall be appointed by the president of the United Proviso; the States, with the advice and consent of the senate: Provided, president may That the president shall have full power, during the recess of the during the re- senate, to commission all or any of the said officers, until the end of the session of congress next succeeding the date of the comCompensation mission. The governor, secretary, and judges of the superior of the gover- court, shall receive the same compensation, payable quarter yearly, which the governor, secretary, and superior judges, of the Missouri territory are entitled to by law. cess. nor, &c. Laws in force in Missouri, on 4th July, 1819, not in consistent, &c. to be in force in Ar kansaw. Military boun ty lands ex 10. That all the laws which shall be in force in the territory of the Missouri, on the fourth day of July next, not inconsistent with the provisions of this act, and which shall be applicable to the territory of Arkansaw, shall be, and continue, in force in the latter territory, until modified or repealed by the legislative authority thereof. 11. That the bounty lands granted, or hereafter to be grantempt from tax- ed, for military services during the late war, shall, while they es for 3 years continue to be held by the patentees or their heirs, remain expatents, while, empt from all taxes, for the term of three years from and after the date of the patents respectively. from date of &c. When, &c. they have the right to elect a delegate to congress, &c. Seat of government to be the post of Arkansaw, until, &c. The line, &c. ed as to cor line of the ter ritory of Arkansaw. 12. That whenever, according to the provisions of this act, the people of the Arkansaw territory shall have a right to elect members of the house of representatives of their general assembly, they shall also 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, granted and secured by law to the delegates from other territories. 13. That until otherwise directed by the legislative department of the said territory of Arkansaw, the seat of the territorial government thereof shall be the post of Arkansaw, on the Arkansaw river. 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 from and after the passage of this act, be so altered as to run, be the same, and correspond, with the northern line of the said territory of Arkansaw, any thing in the act, entitled "An act making 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.] Vol. iii. p. 1659. The postmas ter general contract for CHAP. 176. An act authorizing the postmaster general to contract, as in other cases, for carrying the mail in steam boats, between New Orleans, in the state of Louisiana, and Louisville, in the state of Kentucky. § 1. Be it enacted, &c. That the postmaster general may, and authorized to he is hereby authorized to, contract for the transportation of the carrying the mail in steam boats, between New Orleans, in the state of Louisiana, 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 mail, &c. land; but the whole expense of sending the mail in steam boats Expense not shall not exceed that of transmitting the same by land. [4p- of transmitting proved, March 2, 1819.] CHAP. 183. An act extending the term of half pay pensions to the widows and children of certain officers, seamen, and marines, who died in the public service. to exceed that by land. Vol. ii. p. 1399. vol. iii. p. ditional half dren of offi &c. § 1. Be it enacted, &c. That, in all cases where provision has 1673. been made by law for five years half pay to the widows and chil- Five years addren of officers, seamen, and marines, who were killed in battle, pay to the wior died of wounds received in battles, or who died in the naval dows and chilservice of the United States, during the late war, the said provi- cers, &c. kill. sion shall be continued for the additional term of five years, to ed 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 designated by for the reasons mentioned in the said law. [Approved, March 3, 1819.] CHAP. 193. An act to provide for the due execution of the laws of the United States within the state of Illinois, law, &c. 1. Be it enacted, &c. That the laws of the United States, Laws of the which are not locally inapplicable, shall have the same force and U. States not inapplicable, effect within the state of Illinois as elsewhere within the United in force in States. Illinois. trict. &c. annually, 2. That the said state shall be one district, and be called Illinois a disthe Illinois district. And a district court shall be held therein, District 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 sessions, days in May and December; and he shall, in all things, have and powers of the 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 Clork's fees. for similar services. 3. That there shall be allowed to the judge of the said dis- 1000 dolls. trict court, the annual compensation of one thousand dollars, to commence from the date of his appointment; to be paid, quarter yearly, at the treasury of the United States. pensation to yearly comthe judge. Payable quarterly. 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, ney. who shall, in addition to his stated fees, be paid, by the United 200 dolls, per States, two hundred dollars, as a full compensation for all extra tra services. services. ann. for his ex 5. That a marshal be appointed for the said district, who A marshal. 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- 200 dolls. antled to the sum of two hundred dollars annually, as a compensa- extra services. nually for his tion for all extra services. [Approved, March 3, 1819.] |