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PUBLIC ACTS OF CONGRESS;

PASSED AT THE FIRST SESSION OF THE EIGHTEENTH CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 1, 1823.

An Act appropriating a certain sum of money for the relief of Daniel D. Tompkins.

SEC. 2. And be it further enacted, That so much of the several acts imposing duties on goods, Be it enacted by the Senate and House of Represen- wares, and merchandise, imported into the United tatives of the United States of America in Congress States, as imposes a discriminating duty between assembled, That the Secretary of the Treasury be, goods imported into the United States in foreign and he hereby is, authorized to pay to Daniel D. vessels and in vessels of the United States, be, and Tompkins, late Governor of the State of New the same is hereby suspended, so far as the same reYork, out of any money in the Treasury, not spects the produce or manufactures of the territories otherwise appropriated, the sum of thirty-five in Europe, of any of the abovementioned nations, or thousand one hundred and ninety dollars; being such produce and manufacture as can only be, or the amount reported in favor of the said Daniel most usually are, first shipped from a port or place D. Tompkins, by the acounting officers of the in the said territories in Europe, of either of them, Treasury, in compliance with the act of Congress, respectively, the same being imported in vessels entitled "An act to provide for the settlement of truly and wholly belonging to the subjects or citithe accounts of Daniel D. Tompkins, late Gov-zens of each of the said nations, respectively, the ernor of the State of New York," passed the twenty-first February, one thousand eight hundred twenty-three.

Approved, December 22, 1823.

An Act authorizing the Secretary of the Treasury to furnish, for the use of the Territory of Arkansas, an abstract of the Military Bounty Lands, lying with

in the same.

Be it enacted, &c., That it shall be the duty of the Secretary of the Treasury to cause a complete abstract to be made out and transmitted, for the use of the Territory of Arkansas, to the Governor of said Territory, of all the military bounty lands, which have been patented to the soldiers of the late army, or to their legal representatives, lying within the same, designating the tract, the name of the patentee, and the time when issued. Approved, January 1, 1824.

An Act concerning discriminating duties of Tonnage and Impost.

Be it enacted, &c., That, from and after the first day of January, one thousand eight hundred and twenty-four, during the continuance of this act, and under the limitations hereinafter mentioned, so much of the several acts imposing duties on the tonnage of vessels in the ports of the United States, as imposes a discriminating duty between foreign vessels and vessels of the United States, is hereby suspended, so far as respects vessels truly and wholly belonging to subjects or citizens of the kingdom of the Netherlands; of Prussia; of the Imperial Hanseatic Cities of Hamburg, Lubec, and Bremen; of the dukedom of Oldenburg; of the kingdom of Norway, of the kingdom of Sardinia, and of the Empire of Russia.

vessels of each nation importing its own produce and manufactures as aforesaid.

SEC. 3. And be it further enacted, That the suspension of the discriminating duties of tonnage and impost, in the two preceding sections of this act prescribed, shall continue, in behalf of each of the abovementioned nations, on condition that, and so long as, the vessels of the United States, and truly wholly belonging to the citizens thereof, and all goods and merchandise, of the produce and manufacture of the United States, laden therein, and imported into any of the ports of the said nations in Europe, respectively, shall be exempted from all and every discriminating duty of impost or tonnage, direct or indirect, whatsoever, other or higher than is levied upon the vessels and merchandise therein imported, belonging to the subjects or citizens of each of the said nations, respectively. But if, in any of the territories in Europe, of either of the said nations, any such discriminating duty shall, at any time, be imposed or levied on vessels wholly belonging to citizens of the United States, or on the merchandise imported as aforesaid in them, then, and from that time, the said suspension herein prescribed shall cease and determine, so far as respects the vessels, and merchandise imported into the United States in them, of such nations; and all the provisions of the acts imposing discriminating foreign tonnage and impost duties in the United States, shall revive and be in full force, with regard to the said nation.

SEC. 4. And be it further enacted, That upon satisfactory evidence being given to the President of the United States, by the Government of any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied

Public Acts of Congress.

shall be necessarily employed, in the exploring, surveying, and marking, said road: And, for the purpose of compensating the aforesaid commissioners and their assistants, and for opening and making said road, there shall be, and hereby is, appropriated, the sum of fifteen thousand dollars, to be paid out of any moneys in the Treasury not otherwise appropriated.

Approved, January 31, 1824.

within the ports of the said nation, upon vessels wholly belonging to citizens of the United States, or upon merchandise, the produce or manufacture thereof, imported in the same, the President is hereby authorized to issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost, within the United States, are, and shall be, suspended and discontinued, so far as respects the vessels of the said nation, and the merchandise of its produce or manufacture, imported into the United States in the same; the said suspension to take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels, be- the Sinking Fund be, and they are hereby, authorBe it enacted, &c., That the Commissioners of longing to citizens of the United States, and mer-ized to purchase, during the year one thousand chandise, as aforesaid, thereon laden, shall be continued and no longer. Approved, January 7, 1824.

An Act authorizing the Commissioners of the Sinking
Fund to purchase the seven per cent. stock of the
United States, in the year 1824.

eight hundred and twenty-four, any stock of the United States, bearing an interest of seven per centum per annum, not exceeding the sum of eight millions six hundred and ten thousand dollars, upon such terms as they may think proper, not exceeding the following rates above the principal sum purchased, that is to say:

An Act supplementary to the act, entitled "An act for the relief of perons imprisoned for debt." Be it enacted, &c., That the oath prescribed by the act, entitled "An act for the relief of persons For all such stock as they may purchase before imprisoned for debt," passed on the sixth day of the first day of April next, at a rate not exceeding January, Anno Domini one thousand eight hun-two dollars for every sum of one hundred dollars, dred, may be, in all cases, administered to the person entitled to take the same, either by any judge of the Supreme Court, or by the district judge for the district within which such person may be, or by any person or persons commissioned by any judge of the Supreme Court, or the said district judge, for that purpose.

Approved, January 7, 1824.

An Act to authorize the surveying and making a road from a point opposite to Memphis, in the State of Tennessee, to Little Rock, in the Territory of Arkansas.

Be it enacted, &c., That the President of the United States be, and he is hereby, authorized to appoint three commissioners, who shall explore, survey, and mark, in the most eligible course, a road from a point on the right bank of the river Mississippi, opposite to the town of Memphis, in the State of Tennessee, to Little Rock, in the Territory of Arkansas; the said commissioners shall make out accurate plats of such surveys, accompanied with field notes, and certify and transmit the same to the President of the United States, who, if he approves of the said survey, shall cause the plats thereof to be deposited in the Office of the Treasury of the United States, and the said road shall be considered as established and accepted.

SEC. 2. And be it further enacted, That the said road shall be opened and made under the direction of the President of the United States, who is hereby authorized to employ the troops of the United States in the completion, or assisting in the completion, of said road.

SEC. 3. And be it further enacted, That the said commissioners shall, each, be entitled to receive three dollars, and their assistants one dollar and fifty cents, for each and every day which they

in addition to the interest which would have accrued on that day upon the said stock;

For all such stock which they may purchase between the first day of April and the first day of July next, at a rate not exceeding seventy-five cents on every sum of one hundred dollars, in addition to the interest which would have accrued on the day last mentioned;

For all such stock which they may purchase between the first day of July and the first day of October next, at a rate not exceeding, on every sum of one hundred dollars, the amount of interest which would have accrued on the day last mentioned; and

For all such stock which they may purchase between the first day of October next and the first day of January, one thousand eight hundred and twenty-five, at a rate not exceeding the principal and the interest which shall have accrued at the day of purchase.

SEC. 2. And be it further enacted, That the said Commissioners are hereby authorized to make such purchases, under the foregoing restrictions, at such times and places as they may deem most expedient, out of any moneys in the Treasury heretofore appropriated for the redemption of the public debt, or out of any money in the Treasury not otherwise appropriated.

Approved, January 22, 1824.

An Act making appropriation for the year one thou-
sand eight hundred and twenty-four.
Be it enacted, &c., That the sum of two hundred
and sixty-five thousand one hundred and forty dol-
lars, be, and the same is hereby, appropriated, for
the compensation granted by law to the Senate
and House of Representatives, and to the officers,
clerks, and servants, of both Houses of Congress,
and for defraying the contingent expenses thereof;

Public Acts of Congress.

and that the same be paid out of any moneys in the Treasury, not otherwise appropriated. Approved, January 19, 1824.

An Act further extending the term of half pay pensions to the widows and children of officers, seamen, and marines, who died in the public service.

Be it enacted, &c., That, in all cases where pro vision has been made by law for five years' half pay to the widows and children of officers, seamen, and marines, who were killed in battle, or who died in the naval service of the United States, during the late war; and, also, in all cases where provision has been made for extending the term for five years, in addition to the first term of five years, the said provision shall be further extended for an additional term of five years, to commence at the end of the second term of five years, in each case, respectively, making the provision equal to fifteen years' half pay; which shall be paid out of the fund heretofore provided by law: and the said pensions shall cease, from the causes mentioned in the laws providing the same, respectively.

attorney in fact of the said Jesse Mercer, administrator as aforesaid, a certificate, numbered one thousand and ninety-five, issued by the New England Mississippi Land Company, in the name of land, which said certificate is annexed to a relinRobert Williams, jr., for twenty thousand acres of quishment executed by the said John Michael, by on the twenty-fifth day of February, eighteen hunhis attorney in fact, Bowling Hall, bearing date dred and fifteen, and is now on file in the office of the said Secretary of State: Provided, That before delivering said certificate, the said Secretary of State shall make and retain a copy of said certificate in his office, and shall also take the receipts of said Jesse Mercer, or his attorney in fact,

for the same.

Approved, February 20, 1824.

An Act to extend the time limited for the settlement of private land claims in the Territory of Florida. Be it enacted, &c., That the time limited for the settlement of private land claims in the Territory of Florida, by an act of the seventeenth Congress, entitled "An act amending, and supplementary to, SEC. 2. And be it further enacted, That, from the act for ascertaining claims and titles to land and after the passing of this act, the act, entitled in the Territory of Florida, and to provide for the "An act to amend and explain an act giving survey and disposal of the public lands in Florida," pensions to the orphans and widows of persons be, and the same is hereby, extended and enlarged, slain in the public or private armed vessels of the until the first day of January next, when the comUnited States," passed March the third, one thou-missioners for ascertaining claims and titles to sand eight hundred and seventeen, be, and the same is hereby repealed: Provided, however, That nothing in this act contained shall be construed to prevent the payment of any pension already granted, until the full expiration of the period thereof; nor to affect or impair the rights of any person or persons which may have accrued during the existence of the act hereby repealed as

aforesaid.

Approved, January 22, 1824.

the lands aforesaid, shall make a return of their proceedings to the Secretary of the Treasury, to be laid before Congress.

SEC. 2. And be it further enacted, That the claimant or claimants shall not be required to produce, in evidence, a deraignment of title from the original grantee or patentee, but the exhibition of the original title papers, agreeably to the fourth section of an act, passed the eighth of May, eighteen hundred and twenty-two, entitled "An act for ascertaining claims and titles to lands within the Ter

An Act to revive and continue in force an act, enti-ritory of Florida," with the deed or devise, to the tled "An act fixing the compensations of the Secretary of the Senate and Clerk of the House of Representatives, of the Clerks employed in their offices,

and of the Librarian."

Be it enacted, &c., That an act, passed the eigh-
teenth of April, one thousand eight hundred and
eighteen, entitled "An act fixing the compensa-
tions of the Secretary of the Senate and Clerk of
the House of Representatives, of the Clerks em-
ployed in their offices, and of the Librarian," be,
and the same is hereby declared to be, revived
and continued in force, until the first day of Jan-
uary, eighteen hundred and twenty-six.
Approved, February 20, 1824.

An Act for the relief of the legal representatives of
John Michael, deceased.

Be it enacted, &c., That the Secretary of State be, and he is hereby, authorized and required to deliver to Jesse Mercer, administrator de bonis non, with the will annexed, upon the estate of John Michael, late of Hancock county, in the State of Georgia, deceased, or to the legally constituted

claimant, and the office abstract or abstracts of the intermediate conveyances for the last ten years preceding the surrender of Florida to the United States, and, where they cannot be produced, their absence being satisfactorily accounted for, shall be sufficient evidence of the right of the claimant or claimants to the land so claimed as against the United States: Provided, That the claim be defined in quantity, and the amount does not exceed the quantity limited in the second section of the act which this is intended to extend : And, provided, The conditions required by the laws and ordinances of the Spanish Government, and the treaty between Spain and the United States, shall have been complied with.

SEC. 3. And be it further enacted, That no person shall be taken and deemed to be an actual settler, within the provisions of the "Act amending, and supplementary to, an act for ascertaining claims and titles to land in the Territory of Florida," passed on the third day of March, one thousand eight hundred and twenty-three, unless such person, or those under whom he claims title,

Public Acts of Congress.

shall have been in the cultivation, or occupation, of the land, at and before the period of the cession. SEC. 4. And be it further enacted, That so much of the act of which this is an amendment, as authorizes the Secretary of the said Commissioners to demand and receive from the claimants ten cents per hundred words for recording titles to land, be, and the same is hereby, repealed.

SEC. 5. And be it further enacted, That the former Secretaries, or those who may now be Secretaries, to the said Board of Commissioners, who shall have received their salary of one thousand two hundred and fifty dollars, from the Treasury of the United States, which is, by law, declared to be their full compensation, shall be, and they are hereby, required to pay over, respectively, to the Commissioners, conformable with the provisions of the original law, all such fees as have been demanded and received by them, which shall be appropriated to defray the expenses of the commission.

SEC. 6. And be it further enacted, That so much of the acts of which this is amendatory, as makes void all claims not filed before the first day of December, one thousand eight hundred and twenty-three, be, and the same is hereby, repealed; and it shall be lawful for claims to be filed any time previous to the first day of September next; but all and every claim not filed by that time, shall be held and deemed void and of none effect. SEC. 7. And be it further enacted, That each of the Commissioners heretofore appointed, or who may hereafter be appointed, who has performed, and shall hereafter perform, the duties assigned him, shall receive, from the first Monday in February, until the first day in January next, at the rate of two thousand dollars per annum, in full compensation for his services.

Approved, February 28, 1824.

An Act to authorize the laying out and opening certain public roads in the Territory of Florida. Be it enacted, &c., That the President of the United States be, and he is hereby, authorized to cause to be opened, in the Territory of Florida, a public road from Pensacola to St. Augustine, commencing at Deer Point, on the Bay of Pensacola, and pursuing the Old Indian Trail to the Cow Ford, on the Choctawhatchy river; thence, to the Ochesee Bluff, on the Appalachicola river; thence, in the most direct practicable route, to the site of Fort St. Louis; thence, as nearly as practicable, on the old Spanish road to St. Augustine, crossing the St. John's river at Picolata; which road shall be plainly and distinctly marked, and shall be of the width of twenty-five feet.

SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized to employ the troops of the United States, stationed in Florida, in such manner as he may think proper, in the completion, or assisting in the completion, of said road.

SEC. 3. And be it further enacted, That, for defraying the expenses of opening the said road, the sum of twenty thousand dollars be, and the sam

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is hereby, appropriated, to be paid out of any money in the Treasury, not otherwise appropriated. SEC. 4. And be it further enacted, That the President be, and he is hereby, authorized to cause to be surveyed and marked out, the most direct and practicable route for a public road from Cape Sable, passing by Charlotte Harbor and Bay of Tampa, to the point where the Suwaney river will be intersected by the road to be opened from Pensacola to St. Augustine, and to cause to be surveyed and marked out, the route for a public road from Cape Florida to St. Augustine.

SEC. 5. And be it further enacted, That, for defraying the expenses of the surveys aforesaid, the sum of three thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the Treasury, not otherwise appropriated. Approved, February 28, 1824.

An Act to regulate the surveying of the public and private lands in the southern part of Alabama. Be it enacted, &c., That all the lands in the State of Alabama shall be attached to the district of the Surveyor of the Public Lands in the State of Alabama, and the surveying of all public and private lands in the said State shall hereafter be made under his direction; and it shall be the duty of the principal Deputy Surveyor of the district east of the island of New Orleans, and east of Pearl river, to return the plats of all private claims within the State of Alabama to the office of the said Surveyor.

Approved, February 28, 1824.

An Act making appropriations for the Military Service of the United States, for the year one thousand eight hundred and twenty-four.

Be it enacted, &c., That the following sums be, and the same are hereby, respectively, appropriated for the military service of the United States, for the year one thousand eight hundred and twenty four, to wit:

For pay of the Army, and subsistence of officers, nine hundred and ninety-four thousand four hundred and seven dollars and five cents, including the sum of one hundred and twenty-eight thousand one hundred and nineteen dollars, for the pay and subsistence of the officers and cadets belonging to the Military Academy at West Point;

For subsistence, in addition to an unexpended balance of twenty-one thousand six hundred dollars, two hundred and sixty-nine thousand three hundred and forty-seven dollars;

For forage for officers, thirty-six thousand one hundred and twenty-three dollars;

For the recruiting service, in addition to an unexpended balance of sixteen thousand dollars, thirteen thousand four hundred dollars;

For contingent expenses for the recruiting service, sixteen thousand eight hundred dollars;

For the Purchasing Department, in addition to the amount of clothing on hand, one hundred and forty-one thousand six hundred and twenty-seven dollars and fifty-nine cents;

Public Acts of Congress.

For the purchase of woollens, during the year one thousand eight hundred and twenty-four, in advance for the year one thousand eight hundred and twenty-five, twenty thousand dollars;

For the Medical and Hospital Department, in addition to supplies on hand, and an unexpended balance, both amounting to twenty-two thousand seven hundred dollars, ten thousand dollars;

For the Quartermaster General's Department, in addition to an unexpended balance of thirty

mentioned," as prohibits the allowance of daily compensation to marshals, clerks, and attorneys, in the districts in said act mentioned, be, and the same hereby is, repealed; and that there hereafter be allowed to the marshals, clerks, and attorneys, for said districts, the same daily compensation as is allowed to the same officers in other districts. Approved, March 8, 1824.

five thousand dollars, two hundred and forty-nine An Act for the better organization of the District thousand dollars;

For the purchase of Gridley's farm, ten thousand dollars: Provided, said farm shall not be purchased unless the said farm shall be procured for said ten thousand dollars;

For the contingencies of the Army, fifteen thousand dollars;

For the National Armories, three hundred and sixty thousand dollars;

For the current expenses of the Ordnance service, forty-two thousand dollars;

For pensions to the Revolutionary pensioners of the United States, one million two hundred and ninety-one thousand seven hundred and sixteen dollars and thirty-nine cents;

For the pensions to the invalids, to the commutation pensioners, and to the widows and orphans, three hundred and thirteen thousand one hundred and seventy-four dollars and forty-two cents; For arrearages in the War Department, prior to the first of July, one thousand eight hundred and fifteen, twenty-six thousand dollars.

SEC. 2. And be it further enacted, That the several sums hereby appropriated shall be paid out of any money in the Treasury not otherwise appropriated: Provided, however, That no money ap propriated by this act, shall be paid to any person, for his compensation, who is in arrears to the United States, until such person shall have accounted for, and paid into the Treasury, all sums for which he may be liable: Provided, further, That nothing in this section contained shall extend to balances arising solely from the depreciation of Treasury notes, received by such person, to be expended in the public service; but, in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting officer, if demanded by the party, his agent, or attorney, to report forthwith to the Agent of the Treasury Department the balance due; and it shall be the duty of the said Agent, within sixty days thereafter, to order suit to be commenced against such delinquent, and his

securities.

Approved, March 10, 1824.

An Act to repeal, in part, an act, entitled "An act to lessen the compensation for Marshals, Clerks, and Attorneys, in the cases therein mentioned." Be it enacted, &c., That so much of the act, passed on the eighteenth day of April, Anno Domini one thousand eight hundred and fourteen, entitled "An act to lessen the compensation for marshals, clerks, and attorneys, in the cases therein 18th CoN. 1st SESE.-101

Courts of the United States within the State of Alabama.

Be it enacted, &c., That the State of Alabama shall be, and the same is hereby, divided into two districts, in manner following, to wit: That part thereof composing the counties of Jackson, Decatur, Madison, Limestone, Lauderdale, Franklin, Lawrence, Morgan, Blount, St. Clair, Jefferson, Walker, and Marion, shall compose one district, to be called the Northern District of Alabama; and the residue thereof shall compose another district, to be called the Southern District of Alabama.

SEC. 2. And be it further enacted, That there shall be two terms of the District Court for the Southern District, held at Mobile, in each year, to begin on the third Monday after the fourth Monday in March, and the fourth Monday after the fourth Monday in October; and one term at Cahawba, in each year, to begin on the third Monday in June; and one term of the District Court, for the Northern District, shall be held in Huntsville, in each year, to begin on the second Monday in July; and the District Judge of the United States for the State of Alabama is hereby required to hold the courts aforesaid, and furthermore, to hold one or more special terms, at Cahawba, and at Huntsville, in each year, if, in his opinion, the business of the court shall require it to be done.

SEC. 3. And be it further enacted, That the third Monday in December, in each year, shall be a return day for writs and executions, returnable to the said District Court at Cahawba; and the second Monday in January, in each year, shall be a return day for writs and executions returnable to the said District Court at Huntsville; and the parties to such suits as shall be so returned, shall make up their pleadings under such rules as the court shall prescribe, in order to have the causes so returned in a state for trial at the next regular

term.

SEC. 4. And be it further enacted, That all causes pending in the said District Courts at Mobile and Cahawba, shall be adjourned and continued from the times heretofore prescribed by law for holding said courts respectively, to the times appointed by this act; and all recognizances and process of every description, made returnable to the former terms of holding said courts, shall be returned to the terms herein established, and be as valid as if the time of holding the same had not been changed.

SEC. 5. And be it further enacted, That all causes at law, or in chancery, pending in the said District Courts at Mobile and Cahawba, in which the defendant or defendants resided, in the Northern Dis

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