decisions of said court, made during the time he shall act as such reporter, within nine months after such decisions shall be made; and shall deliver eighty copies of the decisions, so printed and published, to the secretary of state, without any expense to the United States; which copies shall be distributed as follows, Distribution of to wit: to the president of the United States, the judges of the supreme court, the judges of the district courts, the attorney general of the United States, the secretaries of state, treasury, war, and navy, the comptrollers of the treasury, and the judges of the several territories of the United States, one copy each; five copies for the use of each house of congress; and the residue of the copies shall be deposited in the library of congress.

reports.

Copies, in case of de

delivered to successors in office.

Act to contin

2. That in case of the death, resignation, or dismission from office, of either of the officers before mentioned, the said copies of the decisions, delivered to them as aforesaid, shall belong to, and be delivered over to, their successors in said offices.

3. That this act shall be, and continue, in force for three ue three years. years, and no longer. Approved, March 3, 1823.]

the claims un

CHAP. 163. An act to carry into effect the ninth article of the treaty concluded between the United States and Spain, the twenty-second day of February, one thousand eight hundred and nineteen.

Judges of the 1. Be it enacted, &c. That the judges of the superior courts superior courts of Flo- established at St. Augustine. and Pensacola, in the territory of rida to adjust Florida, respectively, shall be, and they are, hereby, authorized der the ninth and directed to receive and adjust all claims, arising within their article of the respective jurisdictions, of the inhabitants of said territory, or Florida treaty. their representatives, agreeably to the provisions of the ninth article of the treaty with Spain, by which the said territory was ceded to the United States.

secretary of the treasury

Decision with 2. That, in all cases in which said judges shall decide in faevidence to be vor of the claimants, the decisions, with the evidence on which reported to the they are founded, shall be, by the said judges, reported to the secretary of the treasury, who, on being satisfied that the same is just and equitable, within the provisions of the said treaty, shall pay the amount thereof to the person or persons in whose favor the same is adjudged, out of any money in the treasury, not otherwise appropriated. [Approved, March 3, 1823.]

Vol. iii. p. 1977.

Citizens quali

fied by act of

to vote, and el

igible to any office, in the

CHAP. 164. An act to amend the ordinance and acts of congress for the government of the territory of Michigan, and for other purposes.

1. Be it enacted, &c. That all citizens of the United States, 16th Feb. having the qualifications prescribed by the act, entitled "An act 1819, entitled authorizing the election of a delegate from the Michigan territory to the congress of the United States, and extending the right of suffrage to the citizens of said territory," approved February the sixteenth, eighteen hundred and nineteen, shall be entitled to vote at any public election in the said territory, and shall be eligible to any office therein.

territory of Michigan.

Vol. iii. p. 1719.

Powers of the governor and legislative council of Michigan.

§ 2. That the same powers which were granted to the governor, legislative council, and house of representatives, of the northwestern territory, by the ordinance of congress, passed on the thirteenth day of July, seventeen hundred and eighty-seven, and

consist of nine

tion.

which powers are transferred to the territory of Michigan by the act, entitled "An act to divide the Indiana territory into two Vol. ii. p. 957. separate governments," approved January the eleventh, eighteen hundred and five, are hereby conferred upon, and shall be exercised by, the governor and a legislative council; which council Council to shall consist of nine persons, any five of whom shall be a quorum, persons. and who shall serve for the term of two years, and be appointed as follows, to wit: At the next election of the delegate to con- Mode of elecgress from the said territory, after the passing of this act, the qualified electors shall choose, by ballot, eighteen persons, having the qualifications of electors; and such election shall be conducted, certified, and the result declared, agreeably to the territorial law, prescribing the mode of electing such delegate. But the time and manner of electing the members of the legislative council shall, after the first election, be prescribed by the legislature of the said territory; and the names of the eighteen persons, having the greatest number of votes, shall be transmitted by the governor of the said territory, to the president of the United States, who shall nominate, and, by and with the advice and consent of the senate, appoint, therefrom, the said legislative council; and vacancies occuring in the said council shall be filled in the same manner, from the list transmitted as aforesaid : And the president shall have power, in the recess of the senate, to make the appointments authorized by this act; but all appointments, so made, shall be submitted to the senate at their next session, for confirmation. The first legislative council shall be assembled at such time and place as the governor shall, by proclamation, designate. No session, in any one year, shall ex- Session of the legislative ceed the term of sixty days, nor shall any act passed by the gov-council not to ernor and the legislative council be valid, after the same shall exceed 60 have been disapproved by congress. The members of the legis- Compensalative council shall receive two dollars each, per day, during tion, their attendance at the sessions thereof, and two dollars for every twenty miles in going to, and returning therefrom, in full compensation for their services, and which shall be paid by the United States: Provided, That nothing herein contained shall be con- Proviso. strued to affect the right of the citizens of said territory to elect a delegate to congress; and the duties required of the governor and judges by the act referred to in the first section of this act, shall be performed by the governor and legislative council.

days.

office for four years.

3. That the powers and duties of the judges of the said ter- Powers of the judges. ritory shall be regulated by such laws as are, or may be, in force therein; and the said judges shall possess a chancery, as well as common law, jurisdiction. The tenure of office of the said judges Judges to hold shall be limited to four years: and on the first day of February, one thousand eight hundred and twenty-four, and every four years thereafter, the office of each of the said judges shall become vacant: Provided, That nothing in this act contained shall Proviso. be so construed as to deprive the judges of the territory of the jurisdiction conferred upon them by the laws of the United States.

4. That the legislature shall have power to submit, at any Legislature empowered to time, to the people of the said territory, the question, whether a submit the general assembly shall be organized agreeably to the provisions question for a

general assembly.

&c. of general assembly.

of the ordinance aforesaid; and, if a majority of the qualified electors shall be in favor of such organization, then the powers vested by this act in the legislative council shall cease and determine, and a general assembly shall be organized, in conformity with the said ordinance, subject to the following provision: Organization, The governor of the said territory shall divide the same into five districts, and the qualified voters in each district shall elect one member of the legislative council, which shall possess the same Rowers heretofore granted to the legislative council of the northwestern territory; and the members of the council shall hold their offices four years; and until there shall be five thousand free white male inhabitants, of twenty-one years and upwards, in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the number of free white males above the age of twenty-one years, which they may contain: but after the organization of the general assembly, the apportionment of the representation shall be made by such assembly: Provided, That there shall not be more than twelve, nor less than seven, of the whole number of representatives, until there shall be six thousand free white male inhabitants, above the age of twentyone years; after which, the number of representatives shall be regulated agreeably to the ordinance aforesaid.

Proviso.

Powers of the governor.

Laws of Unit

ed States in

consistent

with this act repealed as to Michigan. From 1st June next, there

shall be only one clerk of supreme court.

5. That the governor of the said territory shall have power to grant pardons for offences against the laws of the said territory, and reprieves for those against the United States, until the decision of the president thereon shall be made known.

6. That, so much of the ordinance aforesaid, and laws of the United States, as are inconsistent with the provisions of this act, be, and the same are hereby, as respects the territory of Michigan repealed.

7. That from and after the first day of June next, there shall be but one clerk of the supreme court of the territory of Michigan, who shall perform all the duties of clerk of said court, whether sitting as a circuit and district court, or as judges of the territorial court.

Officers of the 8. That the accounting officers of the treasury shall settle treasury to and adjust the accounts of John J. Deming, making him a reasettle the accounts of John sonable allowance for his services as clerk of said district and J. Deming to circuit court, up to the first day of June next, and that the same 1st June, next. be paid out of any money in the treasury, not otherwise appropriated. [Approved, March 3, 1823.]

Vol. iii. p. 1630.

Accounting

treasury to

CHAP. 165. An act in addition to the act, entitled "An act for the prompt settlement of public accounts," and for the punishment of the crime of perjury.

1. Be it enacted, &c. That, in the settlement of accounts of officers of the persons remaining charged, on the books of the third auditor of admit ex- the treasury, with public moneys, advanced prior to the first day penditures in of July, one thousand eight hundred and fifteen, the proper acand under cer- counting officers be, and they are hereby, authorized to admit, ta in restric- to the credit of such persons, respectively, the amount of any

certain cases,

tions.

expenditures made by them, which were, at the time, authorized by law, or regulations, notwithstanding regular vouchers for the same may not be produced, if the impracticability of producing such vouchers shall be proved to the satisfaction of the said accounting officers; and if the evidence exhibited, in lieu thereof, shall be the best the nature of the several cases will admit of, and such as will be received in courts of justice: Provided, neverthe- Proviso. less, That the credits to be allowed shall, in no case, exceed, in amount, the sums with which such persons, respectively, shall be charged on the books of the said third auditor.

case shall be

war.

$.2. That whenever, in the settlement of the accounts before In a difference mentioned, a difference of opinion shall arise between the ac- of opinion, the counting officers, as to the extent of the credits to be allowed, referred to the under, or by virtue of, this act, such case shall be referred to secrotary of the secretary of war, whose decision shall be conclusive. And it is hereby made the duty of the said secretary, to cause to be communicated to congress, at the commencement of each session, a statement comprising the names of the persons whose accounts shall have been settled the preceding year, agreeably to the provisions of this act, together with the amount which shall have been passed to the credit of each, under the several heads of expenditure, and upon evidence other than such as had been prescribed by the laws and regulations existing before the passage of this act.

3. That if any person shall swear or affirm falsely, touching Any person the expenditure of public money, or in support of any claim swearing falsely, to sufagainst the United States, he or she shall, upon conviction there- fer as for wilof, suffer as for wilful and corrupt perjury. [Approved, March ful and corrupt perjury. 1, 1823.]

CHAP. 166. An act for the punishment of frauds committed on the government of the Unit

ed States.

of certain

guilty of felo

Vol. iii. p.

1. Be it enacted, &c. That, if any person or persons shall Persons guilty falsely make, alter, forge, or counterfeit; or cause or procure to frauds to be be falsely made, altered, forged, or counterfeited; or willingly considered aid or assist in the false making, altering, forging, or counter-ny. feiting, any deed, power of attorney, order, certificate, receipt, 2003. or other writing, for the purpose of obtaining or receiving, or of enabling any other person or persons, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum or sums of money; or shall utter, or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited, deed, power of attorney, order, certificate, receipt, or other writing, as aforesaid, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, any office or officer of the government of the United States, any deed, power of attorney, order, certificate, receipt, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, every such person Punishment, shall be deemed and adjudged guilty of felony; and being there- &c.

Persons knowingly having fraudu lent papers, &c. to be fin

ed and imprisoned.

Proviso.

Vol. ii. R. 1049. Vol. iii. p. 2036.

Two years allowed to offi

cers and soldiers of the

Virginia line for obtaining

warrants.

Provisions of

March, 1807,

revived. Vol. ii. p. 1056.

of duly convicted, shall be sentenced to be imprisoned, and kept at hard labor, for a period not less than one year, nor more than ten years; or shall be imprisoned, not exceeding five years, and fined not exceeding one thousand dollars.

2. That if any person or persons shall knowingly have in his, her, or their, possession, any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of enabling any person or persons, either directly or indirectly, to obtain or receive from the United States, or any of its officers or agents, any sum or sums of money, knowing the same to be false, altered, forged, or counterfeited, as aforesaid, with intent to defraud the United States, every such person, upon being thereof duly convicted, shall be fined and imprisoned at the discretion of the court, according to the nature and aggravation of the offence: Provided, nevertheless, That nothing herein contained shall be construed to deprive the courts of the several states of jurisdiction, under the laws thereof, over offences declared punishable by this law. [Approved, March 3, 1823.]

CHAP. 167. An act extending the time for locating Virginia military land warrants, and returning surveys thereon to the general land office.

1. Be it enacted, &c. That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or assigns, entitled to bounty lands within the country reserved by the state of Virginia, between the little Miami and Scioto rivers, shall be allowed a further time of two years, from the fourth day of January, one thousand eight hundred and twenty-three, to obtain warrants, and to complete their locations; and the further time of four years, from the fourth day of January, one thousand eight hundred and twenty-three, to return their surveys and warrants, or certified copies of warrants, to the general land office, to obtain patents.

§ 2. That the provisions of the act, entitled “ An act authorthe act of 3d izing patents to issue for lands located and surveyed by virtue of certain Virginia resolution warrants," passed the third day of March, one thousand eight hundred and seven, shall be revived, and in force, with all its restrictions, except that the respective times allowed for making locations, and returning surveys thereon, shall be limited to the terms prescribed by the first section 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 or the preceding section of this act, shall be made on tracts of lands for which patents had previously been issued, or which had been previously surveyed; and any patent, which may nevertheless be obtained for land located contrary to the provisions of this act, shall be considered null and void.

Proviso.

Holders of warrants not

3. That no holder of any warrant which has been, or may be, located, shall be permitted to withdraw or remove the same, permitted to remove loca- and locate it on any other land, except in cases of eviction, in consequence of a legal judgment first obtained, or unless it be found to interfere with a prior location and survey; nor shall any

tion.