Judiciary. the courts. the sanction of congress; except when the said bills shall authorize county, city, and town, officers to collect taxes for the use and benefit of their respective counties, cities, and towns; and for no other purposes. 7. That the judicial power shall be vested in two superior courts, and in such inferior courts, and justices of the peace, as the legislative council of the territory may, from time to time, establish. There shall be a superior court for that part of the territory known as East Florida, to consist of one judge; he shall hold his court on the first Mondays in May and November, in each year, at St. Augustine, and at such other times and places as the legislative council shall direct. There shall be a superior court for that part of the territory known as West Florida, to consist of one judge; he shall hold a court at Pensacola, on the first Mondays in May and November, in each year, and at such other times and places as the legislative council shall diJurisdiction of rect. Within its limits, herein described, each court shall have jurisdiction in all criminal cases; and exclusive jurisdiction in all capital offences; 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 in force therein, or which may, at any time, be enacted by the legislative council thereof. Each judge shall appoint a clerk for his respective court, who shall reside, respectively, at St. Augustine and Pensacola, and they shall keep the records there. Each clerk shall receive for his services, in all cases arising under the territorial laws, such fees as shall be established by the legislative council. And the said judges may adjourn their respective courts to any other time or place, whenever St. Augustine or Pensacola shall be infected with a malignant fever; and writs of error and appeal from the final decisions of the said superior courts, authorized by this section of this act, shall be made to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. Clerks of court. Writs of error and appeal. cise the same those in Ken- March, 1793. $10. Courtsio exer- § 8. That each of the said superior courts shall, moreover, jurisdiction as have and exercise the same jurisdiction within its limits, in all cases arising under the laws and constitution of the United States, which, by an act to establish the judicial courts of the United States, approved the twenty-fourth of September, one thousand seven hundred and eighty-nine, and "An act in addition to the act, entitled 'An act to establish the judicial courts of the United States," approved the second of March, one thousand seven hundred and ninety-three, was vested in the court of Kentucky district. And writs of error and appeal from the decisions in the said superior courts, authorized by this section of this act, shall be made to the supreme court of the United States, in the same cases, and under the same regulations, as from the circuit courts Clerks to keep of the United States. The clerks, respectively, shall keep the records at the places where the courts are held, and shall receive, in all cases arising under the laws and constitution of the United States, the same fees which the clerk of the Kentucky district records. received for similar services, whilst that court exercised the powers of the circuit and district courts. to receive each of the 9. That there shall be appointed two persons, learned in Attorneys to be appointed the law, to act as attorneys of the United States, as well as for for and W. the territory, one for that part of the territory known as East Florida, and Florida, the other for that part of the territory known as Westach 200 dolls. Florida; to each of whom, in addition to their stated fees, in civil cases, shall be paid, as a full compensation for all extra services, annually, the sum of two hundred dollars. There shall also be A marshal for appointed two marshals, one for each of the said superior courts, courts, with a who shall, each, perform the same duties, be subject to the same salary of 200 regulations and penalties, and be entitled to the same fees, to tra services. which marshals in other districts are entitled, for similar services; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra services, and shall also be subject to such regulations and penalties as the legislative council shall impose, while acting under, and in virtue of, the territorial laws. dollars for ex their offices § 10. That the governor, secretary, judges of the superior Governor, secretary, judgcourts, district attorneys, marshals, and all general officers of the es, &c. to be militia, shall be appointed by the president of the United States, appointed by the president. by and with the advice and consent of the senate. All judicial Judicial offiofficers shall hold their offices for the term of four years and cers to hold no longer. The governor, secretary, judges, members of the for four years. legislative council, justices of the peace, and all other officers, civil and of the militia, before they enter upon the duties of their 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, before a judge of the supreme or district court of the United States, or before a judge or justice of the peace of the territory. The governor shall receive an Salaries. annual salary of-two thousand five hundred dollars; the secretary, of one thousand five hundred; and the judges, of fifteen hundred, each; to be paid quarterly, out of the treasury of the United States. The members of the legislative council shall receive three dollars, each, per day, during their attendance in council, and three dollars for every twenty miles in going to, and returning from, any meeting of the legislative council, once in each session, and no more. The members of the legislative council Privileges of shall be privileged from arrest, except in cases of treason, felo- council. ny, or breach of the peace, during their going to, attendance at, and returning from, each session of said council. the legislative Revenue laws effect in territory. territory the 11. That the laws of the United States relating to the re- of the U. venue and its collection, subject to the modification stipulated States to have by the fifteenth article of the treaty of the twenty-second of February, one thousand eight hundred and nineteen, in favor of Spanish vessels and their cargoes, and all other public acts of the United States, not inconsistent or repugnant to the provisions of this act, now in force, or which may hereafter be in force, shall extend to, and have full force and effect in, the territory aforesaid. 12. That, to the end that the inhabitants may be protected Privileges of in their liberty, property, and religion, no law shall ever be valid the inhabit ants. Jurors. which shall impair, or in anywise restrain, the freedom of religious opinions, professions, and worship. They shall be entitled to the benefit of the writ of habeas corpus. They shall be bailable in all cases, except for capital offences, where the proof is evident or the presumption great; all fines shall be moderate, and proportionate to the offence, and excessive bail shall not be required, nor cruel or unusual punishments inflicted; no ex post facto law, or law impairing the obligation of contracts, shall ever be passed; nor shall private property be taken for public uses without just compensation. $ 13. That all free male white persons, of full age, who are house-keepers, and who shall have resided one year in the said territory, shall be qualified to act as grand and petit jurors in the courts of the said territory, and they shall, until the legisla-ture thereof shall otherwise direct, be selected in such manner as the judges of the said courts shall respectively prescribe; so as to be most conducive to an impartial trial, and be least burthensome to the inhabitants of the said territory. No slave to be 14. That it shall not be lawful for any person or persons to imported from places out of import, or bring into the said territory, from any port or place the U. States, without the limits of the United States, or cause or procure to under a penalty of 300 dolls. be so imported or brought, or knowingly to aid or assist in so and the free- importing or bringing, any slave or slaves; and any person so dom of the slave. offending, and being thereof convicted, before any court within the said territory, having competent jurisdiction, shall forfeit and pay, for each and every slave, so imported or brought, the sum of three hundred dollars; one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and every slave, so imported or brought, shall, thereupon, become entitled to, and receive, his or her freedom. $15. That the citizens of the said territory shall be entitled to one delegate to congress, for the said territory, who shall possess the same powers heretofore granted to the delegates from the other territories of the United States: Provided, That no person shall be eligible for that office who shall not have resided at least twelve months in the said territory. The delegate shall be elected by such description of persons, at such times, and under such regulations, as the governor and legislative council may, from time to time, ordain and direct, soldiers of the United States excepted, who shall, under no circumstances, be qualified to vote. 16. That an act, entitled "An act for the establishment of a territorial government in Florida," be, and the same is hereby, repealed, so far as the same is inconsistent with the provisions of this act; and that the proceedings of the last session of the legislative council of Florida be, and the same are hereby, confirmed, to remain in full force and effect until the end of the next session of the said council, unless sooner altered, modified, or repealed, with the exception of all revenue laws imposing taxes on the inhabitants or their property, and the law authorizing the governor to borrow five thousand dollars on the credit of the said territory, and the law establishing county courts, which are here by declared null and void: Provided, That no loan of money al- Proviso. CHAP. 157. An act amending, and supplementary to, the " Act for ascertaining claims and Vol. iii. p. titles to land in the territory of Florida," and to provide for the survey and disposal of the 1869. 1935. public lands in Florida. Powers of the present com confined to missioners to rida. § 1. Be it enacted, &c. That the powers of the board of commissioners heretofore appointed, for ascertaining claims and ti- missioners of tles to lands in the territory of Florida, shall be confined, exclu- claims to be sively, to the examination of titles and claims in that portion of West Florida. said territory, heretofore known as West Florida; and that, for ascertaining titles and claims in East Florida, the president is hereby authorized, in the recess of the senate, to appoint three Three comcommissioners, which appointments shall be of force until the be appointed end of the next session of congress thereafter, who may appoint for East Flotheir secretary, and who, with their secretary, shall, within the district of East Florida, possess all the powers given by, perform all the duties required, and shall, in all respects, be subject to, the provisions and restrictions of the act of the eighth of May, one thousand eight hundred and twenty-two, entitled "An act for ascertaining claims and titles to lands in the territory of Florida," except so far as the same is altered or changed by the provisions of this act; which board of commissioners, heretofore appointed, with that hereafter appointed, shall hold their sessions, severally, at the place within their respective districts, heretofore designated by law; but may adjourn to some other convenient place within their district, and may continue their Commissionsessions until the second Monday in February next, when they turns to the shall make a return of their proceedings to the secretary of the secretary of treasury, to be laid before congress. ers to make re the treasury. vor of actual to be confirm § 2. That, in the examination of titles to land before either of Claims in fasaid boards of commissioners, the claimant or claimants shall settlers at the not be required to produce in evidence the deraignment of title time of cession from the original grantee or patentee, but the commissioners ed. shall confirm every claim in favor of actual settlers at the time of cession of the said territory to the United States, where the quantity claimed does not exceed three thousand five hundred acres, where such deraignment cannot be obtained, the validity of which has been recognized by the Spanish government, and where the claimant or claimants shall produce satisfactory evidence of his, her, or their, right to the land claimed: And said commissioners shall have the power, any law to the contrary notwithstanding, of deciding on the validity of all claims derived from the Spanish government in favor of actual settlers, where the quantity claimed does not exceed three thousand five hundred acres. 3. That each of the commissioners heretofore appointed, Compensation of commissioners. District attorneys to attend the commissioners when required. Claims not fil ed on or before to be void. who has performed, and shall hereafter perform, the duties assigned him, shall receive compensation in proportion to that heretofore allowed him. And each of the commissioners hereafter appointed for East Florida, who shall actually perform the duties assigned him, shall receive the sum of two thousand dollars, as a full compensation, 'payable quarterly, from the treasury of the United States. 4. That it shall be the duty of the district attorneys for said districts respectively, whenever required to do so by the commissioners within his district, to attend them for the purpose of arguing and explaining any points of law that may be deemed necessary to be examined; and said attorney shall be entitled to the same compensation therefor as when attending on the district court of said territory. 5. That all claims not filed with the commissioners of the 1st Dec. next, district, where the land claimed is situated, in the manner prescribed by the act to which this is an amendment, on or before the first day of December next, shall be held to be void and of none effect. Marshal to execute and make return of process. Surveyor to 6. That it shall be the duty of the marshal to execute and make return of all process which may be issued by the said commissioners, or the commissioners may, where they deem it necessary, authorize and empower any other person to execute and return said process. 7. That, so soon as the commissioners shall have decided be appointed. and reported on the private claims in said territory of Florida, a surveyor shall be appointed for the territory of Florida, who shall keep his office at such place, within the said territory, as the president of the United States shall designate; and shall receive the sum of two thousand dollars, payable quarterly, at the treasury of the United States. His salary. Land offices lished. 8. That, for the disposal of the lands of the United States to be estab- lying in the district of East Florida, a land office shall be established and kept at such place, within said district, as the president of the United States shall direct; and that, for the disposal of the lands of the United States lying in the district of West Florida, a land office shall be established at such place, in said district, as the president of the United States shall direct. When land offices are to be opened. The presdent to offer the 9. That, so soon as, in the opinion of the president of the United States, there shall be a sufficient quantity of the public lands surveyed, within either of the districts of East or West Florida, to authorize the opening of one or both of the land offices aforesaid, he shall cause the same to be opened, and shall proceed, from time to time, to appoint, with the advice and consent of the senate, for each of the said offices, a register and receiver of the public moneys, who shall give security, in the same sums, and in the same manner, and whose compensation, emoluments, duties, and authority, shall, in every respect, be the same, in relation to the lands to be disposed of at their offices, as are or may be provided by law in relation to the registers and receivers of public moneys, in the several land offices established for the disposal of the public lands of the United States. $10. That, whenever a land office shall have been establish |