No title under quent to October 1, 1800, to be recognized. The boards to appoint a clerk. His duties. a grant subse decisions in favor of claim ants to be delivered to the surveyor-general, and the Sec retary of the Treasury. Reports of rejected claims likewise to be made, and filed in the proper land-office, and to be laid by the Secretary of the Treasury before Congress. Grants ante dated or other wise defective, not to be con sidered as conclusive evidence The said boards respectively shall have power to appoint a clerk, whose duty it shall be to enter in a book to be kept for that purpose, full and correct minutes of their proceedings and decisions, together with the evidence on which such decisions are made, which books and papers, on the dissolution of the boards, shall be deposited in the respective offices of the registers of the land-offices, or of the recorder of land Transcripts of titles of the district; and the said clerk shall prepare two transcripts of all the decisions made by the commissioners in favour of the claimants to land; both of which shall be signed by a majority of the said commissioners, and one of which shall be transmitted to the officer exercising in the district the authority of surveyor-general; and the other to the Secretary of the Treasury. It shall likewise be the duty of the said commissioners, to make to the Secretary of the Treasury a full report of all the claims filed with the register of the proper land-office, or recorder of land titles, as above directed, which may have been rejected, together with the substance of the evidence adduced in support thereof, and such remarks thereon as they may think proper; which reports, together with the transcripts of the decisions of the commissioners in favour of the claimants, shall be laid by the Secretary of the Treasury before Congress, at their next ensuing meeting. When any Spanish or French grant, warrant, or order of survey, as aforesaid, shall be produced to either of the said boards, for lands, which were not at the date of such grant, warrant, or order of survey, or within one year thereafter, inhabited, cultivated, or occupied, by or for the use of the grantee; or whenever either of the said boards shall not be satisfied that such grant, warrant, or order of survey, did issue at the time when the same bears date, but that the same is antedated or otherwise fraudulent; the said commissioners shall not be bound to consider such grant, warrant, or order of survey, as conclusive evidence of the title, but may require such other proof of its validity as they may deem proper. Each of the commissioners and clerks aforesaid, shall be allowed a compensation of two thousand dollars in full for his services as such; and each of the said clerks shall, previous to his entering on the duties of his office, take and subscribe the following oath or affirmation, to wit: "I do solemnly swear, (or affirm,) that I will truly and faithfully discharge the duties of a clerk to the board of commissioners, for examining the claims to land, as enjoined by an act of Congress, intituled 'An act ascertaining and adjusting the titles and claims to land within the territory of Orleans, and the district of Louisiana." Which oath or affirmation shall be entered on the minutes of the board. SEC. 6. And be it further enacted, That the Secretary of the Treasury shall be, and he is hereby authorized to employ three agents, one for each board, and whose compensation shall not exceed one thousand five hundred dollars each, for the purpose of appearing before the commissioners, in behalf of the United States, to investigate the claims for lands, and to oppose all such as said agents may deem fraudulent and unfounded. It shall also be the duty of the said agent for the district of Louisiana, to examine into and investigate the titles and claims, if any there be, to the lead mines within the said district, to collect all the evidence within his power, with respect to the claims to, and value of the said mines, and to lay the same before the commissioners, who shall make a special report thereof, with their opinions thereon, to the Secretary of the Treasury, to be by him laid before Congress, at their next ensuing session. The said board of commissioners shall each be authorized to employ a translator of the Spanish and French languages, to assist them in the despatch of the business which may be brought before them, and for the purpose of recording Spanish and French grants, deeds, or other evidences of claims on the registers' books. The said to record Span. translator shall receive, for the recording done by him, the fees already of title. Compensa. tions of the commissioners' clerks, &c. Their oaths of office, &c. Agents to be employed for each board of commissioners. Their com pensations not to exceed 1500 dollars each. Their duties. Agent for the district of Lou isiana to collect information concerning the title to the lead mines, and lay it before the ommissioners, missioners to employ a translator, to assist in the despatch of business, and provided by law, and may be allowed, not exceeding fifty dollars, for ish or French every month he shall be employed; provided that the whole compensa- claims. &c. tion, other than that arising from fees, shall not exceed six hundred dollars. Fees to the translator. Powers of the lands south of the state of Tennessee to extend over those of the U. SEC. 7. And be it further enacted, That the powers vested by law in the surveyor of the lands of the United States, south of the state of Ten- surveyor of nessee, shall extend over all the public lands of the United States, to which the Indian title has been, or shall hereafter be extinguished, within the said territory of Orleans; and it shall be the duty of the said surveyor to cause such of the said lands, as the President of the United States shall expressly direct, to be surveyed, and divided, as nearly as the nature of the country will admit, in the same manner, and under the same regulations as is provided by law, in relation to the lands of the United States northwest of the river Ohio, and above the mouth of Kentucky vided. river. States, &c. Made his duty to cause these lands to be surveyed and di Gen. La Fay SEC. 8. And be it further enacted, That the location, or locations of lands which Major General La Fayette is by law authorized to make on ette's locations. any lands, the property of the United States, in the territory of Orleans, shall be made with the register or registers of the land-offices established by this act in the said territory: the surveys thereof shall be executed under the authority of the surveyor of the lands of the United States, south of Tennessee; and a patent or patents therefor shall issue, on presenting such surveys to the Secretary of the Treasury, together with a certificate of the proper register, or registers, stating that the land is not rightfully claimed by any other person: Provided, that no location or survey made by virtue of this section shall contain less than one thousand acres, nor include any improved lands or lots, salt spring or lead mine. SEC. 9. And be it further enacted, That a sum not exceeding fifty thousand dollars, to be paid out of any unappropriated monies in the treasury, be, and the same is hereby appropriated for the purpose of carrying this act into effect. APPROVED, March 2, 1805. How and where to be made. Proviso. Appropriation for carrying this law into effect. STATUTE II. CHAP. XXVII—An Act to authorize the Secretary of War to issue military land March 2, 1805. warrants, and for other purposes. Act of May 18, 1796, ch. 29. Act of April 15, 1806, ch. 24. Secretary of war authorized to issue war- to certain per Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he hereby is authorized from and after the passing of this act, to issue warrants for military bounty lands to the sixty-three persons who have exhibited their claims, and produced satisfactory evidence to substantiate the same, to the Secretary of War; and also, to such persons as shall, before the first day of April next, produce to him satisfactory evidence of the validity of their claims, in pursuance of the act of the twenty-sixth of April, eighteen hundred and two, intituled "An act in addition to an act, intituled An act in addition to an act, regulating the grants of land appropriated for military services, and for the society of the United Brethren for propagating the gospel among the heathen." SEC. 2. And be it further enacted, That the holders or proprietors of the land warrants issued by virtue of the preceding section, shall and may locate their respective warrants only on any unlocated parts of the fifty quarter townships, and the fractional quarter townships, which had been reserved for original holders, by virtue of the fifth section of an act, intituled "An act in addition to an act, entituled An act regulating the grants of land appropriated for military services, and for the society of the United Brethren for propagating the gospel among the heathen." SEC. 3. And be it further enacted, That the act, intituled "An act in addition to an act, intituled An act in addition to an act, regulating the continued in VOL. II.-42 2 E 2 &c. Where the foregoing war. rants may be located. 1802, ch. 30. Former act 1st March. force until the grants of lands appropriated for military services, and for the society of the United Brethren for propagating the gospel among the heathen," approved the twenty-sixth day of April, eighteen hundred and two, be, and the same is hereby continued in force until the first day of March, eighteen hundred and six. 1802, ch. 30. STATUTE II. March 2, 1805. Act of June 20, 1790, ch. 29. Regulations of the 8th sec tion of the act referred to, so far as that sec tion relates to a medicine chest for a vessel of 150 tons, extended to small er vessels, &c. STATUTE II. APPROVED, March 2, 1805. CHAP. XXVIII.—An Act to amend the act, intituled "An act for the government and regulation of seamen in the merchants' service." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions, regulations, and penalties which are contained in the eighth section of the act, intituled "An act for the government and regulation of seamen in the merchants' service," so far as relates to a chest of medicines to be provided for vessels of one hundred and fifty tons burthen and upwards, shall be extended to all merchant vessels of the burthen of seventy-five tons, or upwards, navigated with six persons or more, in the whole, and bound from the United States to any port or ports in the West Indies. APPROVED, March 2, 1805. March 2, 1805. CHAP. XXIX.-An Act to appropriate a sum of money for the purpose of building Gun Boats. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of sixty thousand dollars be, and the same is hereby appropriated, to be paid out of any money in the treasury, not otherwise appropriated, for the purpose of enabling the President to cause to be built a number of gun boats, not exceeding twenty-five, for the better protection of the ports and harbors of the United States. APPROVED, March 2, 1805. March 2, 1805. CHAP. XXX.-An Act to authorize the erection of a bridge across a mill pond and marsh in the Navy Yard, belonging to the United States, in the town of Brooklyn, in the state of New York. President au thorized to grant permission for opening and improving a road from Brooklyn ferry, &c., in New York, to erect a bridge across a part of the navy yard of the U. S. in said town, &c. Proviso. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he hereby is authorized, by a proper instrument in writing under his hand, in due form, to grant to such person or persons, or body corporate, by their proper name of incorporation, as shall be authorized by an act of the legislature of the state of New York, to open and improve a road from Brooklyn ferry, in that state, along the shore of the Wallaboght, to Bushwick, to erect a bridge across the mill pond and marsh, being part of the navy yard belonging to the United States, in the said town of Brooklyn, and to maintain such bridge under such restrictions and on such conditions as he shall prescribe: Provided nevertheless, that if, at any future time, it shall appear to the President of the United States, that the property of the United States is injured by such bridge, he may revoke the permission granted by him for erecting the same: And provided also, That no toll shall be demanded at any time for any article the property of the United States which may be conveyed to or for their use, over or across the said bridge, or from any person or persons employed in the said navy yard, who may pass or repass on the said bridge. APPROVED, March 2, 1805. CHAP. XXXI.-An Act further providing for the government of the district of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the country ceded by France to the United States, under the general name of Louisiana, which, by an act of the last session of Congress, was erected into a separate district, to be called the district of Louisiana, shall henceforth be known and designated by the name and title of the Territory of Louisiana, the government whereof shall be organized and administered as follows: STATUTE II. March 3, 1805. District of Louisiana changed into that of the territory of Louisiana, with a dif ferent government. 1804, ch. 38. Executive power vested in a governor. How appoint ed, &c. The executive power shall be vested in a governor, who shall reside in said territory, and hold his office during the term of three years, unless sooner removed by the President of the United States. He shall be commander in chief of the militia of the said territory, superintendent ex officio of Indian affairs, and shall appoint and commission all officers in the same, below the rank of general officers; shall have power to grant pardons for offences against the same, and reprieves for those and authorities. against the United States, until the decision of the President thereon shall be known. SEC. 2. There shall be a secretary, whose commission shall continue in force for four years, unless sooner revoked by the President of the United States, who shall reside in the said territory, and whose duty it shall be, under the direction of the governor, to record and preserve all the papers and proceedings of the executive, and all the acts of the governor and of the legislative body, and transmit authentic copies of the same every six months, to the President of the United States. In case of a vacancy of the office of governor, the government of the said territory shall be exercised by the secretary. prosecu SEC. 3. The legislative power shall (be) vested in the governor and in three judges, or a majority of them, who shall have power to establish inferior courts in the said territory, and prescribe their jurisdiction and duties, and to make all laws which they may deem conducive to the good government of the inhabitants thereof: Provided however, that no law shall be valid which is inconsistent with the constitution and laws of the United States, or which shall lay any person under restraint or disability on account of his religious opinions, profession, or worship, in all of which he shall be free to maintain his own and not be burthened with those of another. And provided also, that in all criminal tions, the trial shall be by a jury of twelve good and lawful men of the vicinage, and in all civil cases of the value of one hundred dollars, the trial shall be by jury, if either of the parties require it. And the governor shall publish throughout the said territory, all the laws which be made as aforesaid, and shall from time to time report the same to the President of the United States, to be laid before Congress, which, if disapproved of by Congress, shall thenceforth cease and be of no effect. SEC. 4. There shall be appointed three judges, who shall hold their offices for the term of four years, who, or any two of them, shall hold annually two courts within the said district, at such place as will be most convenient to the inhabitants thereof in general: shall possess the same jurisdiction which is possessed by the judges of the Indiana territory, and shall continue in session until all the business depending before them shall be disposed of. may SEC. 5. And be it further enacted, That for the more convenient distribution of justice, the prevention of crimes and injuries, and execution of process criminal and civil, the governor shall proceed from time His powers Secretary to be appointed— His duties, &c. (a) By the act of June 4, 1812, chap. 95, entitled, "An act for providing for the government of the territory of Missouri," the territory of Louisiana shall be called "Missouri." To appoint magistrates, &c. for the same. Compensations of the Gover nor, &c. Oaths of of ernor, &c. to time as circumstances may require, to lay out those parts of the territory in which the Indian title shall have been extinguished, into districts, subject to such alteration as may be found necessary; and he shall appoint thereto such magistrates and other civil officers as he may deem necessary, whose several powers and authorities shall be regulated and defined by law. SEC. 6. And be it further enacted, That the governor, secretary and judges, to be appointed by virtue of this act, shall respectively receive the same compensations for their services as are by law established for similar offices in the Indiana territory, to be paid quarter yearly out of the treasury of the United States. SEC. 7. And be it further enacted, That the governor, secretary, fice of the Gov- judges, justices of the peace, and all other officers civil or military, 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 Before whom for the faithful discharge of the duties of their office; the governor before the President of the United States, or before a judge of the supreme or district court of the United States, or before such other person as the President of the United States shall authorize to administer the same; the secretary and judges before the governor; and all other officers before such person as the governor shall direct. the oaths of office shall be taken. Governor, &c. to be appointed by the President during the recess of the Senate; but to be nominated by concur SEC. 8. And be it further enacted, That the governor, secretary, and judges, to be appointed by virtue of this act, and all the additional officers authorized thereby, or by the act for erecting Louisiana into two territories, and providing for the temporary government thereof, shall be appointed by the President of the United States, in the recess of the Senate, but shall be nominated at their next meeting for their advice and consent. SEC. 9. And be it further enacted, That the laws and regulations, in force in the said district, at the commencement of this act, and not inLaws in force consistent with the provisions thereof, shall continue in force, until altered, modified, or repealed by the legislature. to continue in force, unless they be inconsistent with the act. Repeal of part of a former law. Act of March 26, 1804, ch. 38. STATUTE II. March 3, 1805. Corporation of Georgetown divided into two branches, after the 2nd Monday in March. The first, how Members of SEC. 10. And be it further enacted, That so much of an act, intituled "An act erecting Louisiana into two territories, and providing for the temporary government thereof," as is repugnant to this act, shall, from and after the fourth day of July next, be repealed, on which said fourth day of July, this act shall commence and have full force. APPROVED, March 3, 1805. CHAP. XXXII.--An Act to amend the charter of Georgetown. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the second Monday in March current, the corporation of Georgetown, in the district of Columbia, shall be divided into two branches; the first branch to be composed of five members, and a recorder, and to be called "the board of aldermen;" and the second branch to be composed of eleven constituted. members, and to be called "the board of common council-men ;" which The second, how constituted. said two branches shall be elected as hereafter particularly provided. SEC. 2. And be it further enacted, That after the passage of this act, the corporation and before the said day above mentioned, the present members of the said corporation shall meet at their usual place of meeting, and then and there choose, by ballot, from their body, five persons to compose the said board of aldermen, which said persons, when chosen as aforesaid, shall compose the said board of aldermen, and be, and continue such, until the fourth Monday in February, one thousand eight hundred and six; and that the present recorder of the said corporation shall be the presi corder to be the dent of the said board of aldermen until the time last aforesaid: that forthwith to choose by ballot out of their own body, the board of aldermen, or 1st branch. Term of their service. Present re |