« ForrigeFortsett »
Chip. 9. An act for Iho preservation ol the timber of the United States in Florida.
$ 1. Be it enacted, fyc. That the president of the United States The president be, and hereby is, authorized to employ so much of the land and jj£y|a°'d,P1°J naval forces of the United States as may be necessary effectually naval forces to -to prevent the felling, cutting down, or other destruction of, Prevenl,l">
L ■ i „ P . _ B: -, . 'destruction of,
the timber of the united States in Honda; and also to prevent or carrying the transportation or carrying away any such timber as may be ,\^eVPivorn already felled or cut down; and to tak.e such other and further Florida,and measures as may be deemed advisable for the preservation of [^"meMurea the timber of the United States in Florida. [Approved, Februa* to preserve it. ry 23, 1822.]
Chap. 10. An act for the apportionment of representatives among ilio several states, according to Ihtf fourth census.
$ 1. Beit enacted, fyc. That, from and after the third day AfiertheSdof of March, one thousand eight hundred and twenty-three, the March, 1823,
L f i ii i i r i t . the house of
house ot representatives shall be composed of members elected represemaagreeabfy to a ratio of one representative for every forty thousand "ompose^of persons in each slate, computed according to the rule prescrib- members ed by the constitution of the United Slates; thai is to say: with- *be,y in the stale of Maine, seven; within the state of New Hamp- Nllmb^rof shire, six ; within the state of Massachusetts, thirteen; within members to the state of Rhode Island, two; within the state of Connecticut, "^j^",^ six ; within the stale of Vermont, five; within the state of New iiod. York, thirty-four; within the state »f New Jersey, six ; within the state of Pennsylvania, twenty-six; within the state of Delaware, one; within the state of Maryland, nine; within the state of Virginia, twenly-two; within the state of North Carolina, thirteen; within the state of South Carolina, nine; within the state of Georgia, seven; within the state of Alabama, two; within the state of Mississippi, one; within the state of Louisiana, three; within the stale of Tennessee, nine ; within the state of Kentucky, twelve; within the state of Ohio, fourteen; within the state of Indiana, three; within the state of Illinois, one ; and within the state of Missouri, one.
§2. That, as the returns of the marshal of the state of Ala- Alabama to barna are not complete, in consequence of the death of the form- memberi-if it er marshal, who commenced the enumeration in said state, nothing '■ mi* in this act contained shall be construed to prevent the state of l>a session of Alabama from having three representatives, if it shall be made lhe ^ co"*
° , -ii ■ i , gfess, that the
to appear to congress, at the next session, that the said state, at state would the time of passing this act, would have been entitled to that ^^"tha?" number, according to its population and the ratio hereby cstab- number by lished, if the said returns had been complete. [Approved, March ""ftniT
7, 1822.] - population.
Chap. 14. An act to provide for tho due execution of the laws of the United Slates within the slate of Missouri, and for the establishment of a district court therein.
$ I. Be it enacted, fyc. That all the laws of the United States, Lawsnotiowhich are not locally inapplicable, shall have the same force and cabiVI!rePlo'r" effect within lire said slate of Missouri as elsewhere within the force and ef
,- . , ~, feet in Mis
Missouri »ju- $ 2. That the said state of Missouri shall be one district, and dkiaidistrict, caued the Missouri district; and a district court shall be held fourfof 'ono therein, to consist of one judge, who shall reside in the said disjudge. trict, and be called a district judge; he shall hold, at the seat of Thrco^sei- government of the said state, three sessions annually, the first to courtamwai- commence on the first Monday in June next, and the other two of "o'wu-"" sessions progressively, on the like Monday in every fourth calenroent""1" dar month afterwards; and he shall, in all things, have and ex.nd'fowlrsof ercise the same jurisdicUdfctend powers which were by law given thsjudge. to the judge of the Kentucky district, under an act, entitled Vol. i. p.63. „ ^n act to establish the judicial courts of the United States," and an act, entitled "An act in addition to the act, entitled ' An act to establish the judicial courts of the United States," approved the second day of March, one thousand seven hundred The judge to and ninety-three, and the acts supplementary thereto. The said effi"tore- jut*ge shall appoint a clerk for the said district, who shall reside, ■ide and keep and keep the records of the court, at the place of holding the the court1* same, and shall receive, for the services performed by him, the where it is same fees to which the clerk of the Kentucky district is entitled Clerk's fees. f°r similar services: Provided, That until the government shall Proviso;court be removed to the permanent seat fixed, or to be fixed, by the Si.'l.s un- saicl s,a,e> tne sa'd courl sha" be held at the town of St. Louis, til, &c.' & 3. That there shall be allowed and paid the said judge of
1 "*00 (lolls •
per annum to the said district court, the annual compensation of twelve hunthejudge,pay- dred dollars, to commence from the date of his appointment; to yearly"*"" be paid, quarter yearly, at (tie treasury of the United States. District attor- $ 4. That there shall be appointed, in the said district, a pcrnev;to receive son learned in the law, to act as attorney for the United Slates, amlua'iy. be- who shall, in addition to his stated fees, be paid by the United ■idesfees. States two hundred dollars annually, as a full compensation for all extra services.
A marshal for $ 5. That a marshal shall be appointed for the said district, torec'iveizio w'10 sna" Pcr^orm ,ne same duties, be subject to the same regudoiis. per ann. lations and penalties, and be entitled to the same fees, as arc probesidesfeea. v,ded for, and prescribed to, marshals in other districts; and shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for alt extra services. Causespend- •§> 6. That all causes pending in the state courts at the passage cfuns^tran,! of »nis act, which, by law, were transferable to the United States' ferabie.&c. courts, may be so removed, under the rules governing such re•d'L^r'on M" movals, as soon after the passage of this act as may be reasonapracticabie. bly practicable. [Approved, March 16, 1822.J
Y9M."l!>52. Chap. 13. An act for the cStabltthsacBt of a territorial government in Florida.
Esst'and $ 1. Be it enacted, Sfc. That all that territory ceded by Spain
ITcedea°by*'l? ,he Uni,ed S,.a,es' known by ,he name of East and West FloSpain, to con- rida, shall constitute a territory of the United States, under the atruu, to. name of the territory of Florida, the government whereof shall Executive ^e 0TSBn,ze^ ar,d administered as follows:'
poXwlr"vested $ 2- That I he executive power shall be vested in a governor, m a governor, who shall reside in the said territory, and hold his office during the term of three years, unless sooner removed by the president of the United Slates. He shall be commander in chief of the Coventor militia of the said territory, and be, ex officio, superintendent of chi^fec" Indian affairs; and shall have power to grant pardons for offenc- Powert and es against the said territory, and reprieves for those against the pj^f* United Stales, until the decision of the president of the United States thereon shall be made known; and to appoint and commission all officers, civil and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law: he shall take care that the laws be faithfully executed.
§ 3. That a secretary of the territory shall also be appointed, Ai«eretarjrrf who shall hold his office during the term of four years, unless U"T1""T' sooner removed by the president of-the United States ^ whose Duiioioftha duty it shall be, under the direction of the governor, to record "'c">t*^■,• and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council, andtransmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the United States.
$ 4. That, in case of the death, removal, resignation, or ne- Theeecretarj cessary absence, of the governor of the said territory, the s*ecre- governori» tary thereof shalT be, and he is hereby, authorized and required case of a to execute all the powers, and perform all the duties, of the go- vtctntTvemor, during the vacancy occasioned by the removal, resignation, or necessary absence, of the said governor.
$ 5. That the legislative power shall he vested in the govern- Governorand or, and in thirteen of the most fit and discreet persons of the ter- *Ju^!uns ritory, to be called the legislative councir, who shall be appoint- to be appointed annually, by the president of the United States, by and with *d "n"*11?the advice and consent of the senate, from among the citizens of the United Slates residing there. The governor, by and with Powenofth* the advice and consent of the said legislative council, or a ma- '•l**-** jority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the Commencement of this act. Their legislative powers shall also extend to all the rightful sub- Re,lriction ^ jects of legislation; but no law shalT be valid which is inconsist- tnopoweraof ent with the constitution and laws of the United States, or which lesislt",°"shall lay any person under restraint, burthen, or disability, on account of his religious opinions, professions, or worship; in all; which he shall be free to maintain his Owr, and not burthened with those of another. The governor shall publish, throughout The governor the said territory, all the laws which shall be made, and shall, u^jjj,** on or before the first day of December in each year, report the p°«them 10 same to the president of the United Slates, to be laid before th* Pre,,d"ntcpngress, which, if disapproved by congress, shall thenceforth be of no force. The governor and legislative council shall have The governor no power over the primary disposal of the soil', nor to tax the "vano^'ler lands of the United Slates, nor to interfere with the claims to °w *«p^'lands, within said territory: the legislative council shall hold a ami°&e. session once in each year, commencing its first session on the ^'"j°°*°fth* second Monday of June next, at Pensacola, and continue in ses- council, sion not. longer than two months; and thereafter on the first Monday in May, in each and every year ; but shall not continue
Vol. III. *10
longer in session than four weeks; to be held at such place in The governor said territory as the governor and council shall direct: It shall ioVma"oV>MHi be the duty of the governor to obtain all the information in his communicate power in relation to the customs, habits, and dispositions, of the dent.the pr""" inhabitants of the said territory, and communicate the same,
from time to time, to the president of the United States. Judicial power $ 6. That the judicial power shall be vested in two superior rested in two courts, and in such inferior courts and justices of the peace, as courT«°&c. the legislative council of the territory may, from time to time, A superior establish. There shall be a superior court for that part of the Florid" with1 terr,lory known as East Florida, to consist of one judge; he shall aessioni at St. hold a court on the first Mondays in January, April, July, and Augustine, October, in each year, at "St. Augustine, and at such other times and places as the legislative council shall direct. There shall A superior be a superior court for that part of the territory known as West Florida.'wTtn*1 Florida, to consist of one judge; he shall hold a court at Pensaaeasions at cola on the first Mondays in January, April, July, and October, Peniacoia, jn eacn yearj and at such other times and places as the legislative jurisdiction of council shall direct. Within its limits, herein described, each courisPcrior court s^a" have jurisdiction in all criminal cases, and exclusive jurisdiction in all capital cases, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under, and cognizable by, the laws of the territory, now of force therein, or which may, at any time, be enacted by the legislative Each judgo to council thereof. Each judge shall appoint a clerk for his reappoint a Bpective court, who shall reside, respectively, at St. Augustine and Pensacola, and they shall keep the records there. Each ftes^'th""1 c'erk 8r)a" receive for his services, in all cases arising under the deriul ° territorial laws, such fees as may be established by the legislative council.
The superior $7. That each of said superior courts shall, moreover, have thesamejurist ond exercise the same jurisdiction, within its limits, in all cases diction as the arising under the laws and constitution of the United States, tucky dunrlct. wr,ich, DV an act ,0 establish the judicial power [courts] of the
United States, approved the twenty-fourth day of September,
one thousand seven hundred and eighty-nine, and "An act in Voi.i.p.6S. addition to the act, entitled "An act to establish the judicial Sl0' courts of the United States," approved the second day of March,
one thousand seven hundred and ninety-three, was vested in the Writs oferror court of the Kentucky district. And writs of error and appeal the s1Ppreme'0 from the decisions in the said superior courts, authorized by this court, tic. section of this act, shall be made to the supreme court of the
United Stales, in the same cases, and under the same regulations, Se reco?dlTcp as from ,he circuit courts of the United States. The clerks, rewheretho spectively, shall keep the records at the places where the courts held!"TM are held, and shall receive, in all cases arising under the lawsclerks'fees, and constitution of the United States, the same fees which the tucky 'district? C'er'< °* tne Kentucky district received for similar services, whilst
that court exercised the powers of the circuit and district courts. Twoattor- There shall be appointed, in the said territory, two persons learn"eemtOTy!he ed in ,he ,aw; to act as Hlomeys for the United States as well
as for the territory; one for that part of the territory known as
East Florida, the other for that part of the territory known as West Florida: to each of whom, in addition to his stated fees, 200doiu.per shall be paid, annually, two hundred dollars, as a full compen- j^wS sation for all extra services. There shall also be appointed two attorney, marshals, one for each of the said superior courts, who shall each cach'supe'rior perform the same duties, .be subject to the same regulations and C0UrU penalties, and be entitled to the same fees, to which marshals in other districts are entitled for similar services; and shall, in addi- J00doii». antion, be paid the sum of two hundred dollars, annually, as a ""esw^^' compensation for all extra services. marshal.
§8. That the governor, secretary, judges of the superior Governor, »ecourts, district attorneys, marshals, and all general officers ofi"b£*P£oTnithe militia, shall be appointed by the president of the -United e<i by the preStates, by and with the advice and consent of the senate. All 'aTM14nd ,e" judicial officers shall hold their offices for the term of four years, Term n<"jud>and no longer. The governor, secretary, judges, members of the Goler^or's.legislativd council, justices of the peace, and all other officers, creliry. *■<:. civil and of the militia, before they enter upon the duties of their oath.0" respective offices, shall take an oath or affirmation to support the constitution of the United States, and for the faithful discharge of the duties of their office; the governor, before the president The governor of the United States, or before a judge of the supreme or district oat^befor'o court of the United States, or before such other person as the 'hepresident, president of the United States shall authorize to administer the &c" same; the secretary, judges, and members of the legislative coun- The«ecrciary cil, before the governor; and all other officers, before such per- f^rnoTM,h* sons as the governor shall direct. The governor shall receive an Salary of2SQ0 annual salary of two thousand five hundred dollars; the secreta- governor.1" ry, of one thousand five hundred dollars; and the judges of one isoodoiia. to thousand five hundred dollars, each; to be paid quarter yearly isooddtaT'fc out of the treasury of the United States. The members of the «ch judge, legislative council shall receive three dollars each, per day, dur- day" each * ing their attendance in council, and three dollars for every twen- TMeuTM^r^fctb* ty miles in going to, and returning from, any meeting of the le- Member, of gislative council, once in each session, and no more. The mem- '^"""j'1 bers of the legislative council shall be privileged from arrest, ex^ jr"m afrcit, cept in cases of treason, felony, and breach of the peace, during &ctheir going to, attendance at, and returning from, each session of said council.
$ 9. That the following acts, that is to say: "An act for theTiie acts menpunishment of certain crimes against the United States," approv- ll?F\tidl°'c' cd April thirtieth, tine thousand seven hundred and ninety, and Vol.i.p.es. all acts in addition or supplementary thereto, which arc now in 284 SS8force: "An act to provide for the punishment of crimes and of- VoLULp. fences committed within the Indian boundaries," approved March third, one thousand eight hundred and seventeen: "An act in addition to the act for the punishment of certain crimes against the United Stales, and to repeal the acts therein mentioned," approved April twentieth, one thousand eight hundred and eighteen: "An act for the punishment of crimes therein specified," approved January thirtieth, one thousand seven hundred and ninety-nine: "An act respecting fugitives from justice, and persons escaping from the service oT their masters," approved twelfth February, one thousand seven hundred and ninety-three: "An