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militia court martial in New York.
Balance of appropriation of Feb. 19, 1818, ch. 13.
of certain ports, &c.
For medals for officers of the army, &c.
For relief of Col. William Lawrence, &c.
For carrying into effect the treaty concluded at Chicago, &c.
For carrying into effect the treaty with the Creeks, in relation to compensation of citizens of Georgia.
For holding treaties with the Cherokees and Creeks.
Out of money in the treasury.
No money to be advanced or paid on any contract, or to any officer in arrears until he has accounted and paid, &c.
1822, ch. 11.
Steddiford was president, nineteen thousand two hundred and sixteen dollars and twenty-nine cents.
For the balance of an appropriation made nineteenth of February, eighteen hundred and eighteen, to defray the expenses of employing a brigade of militia, being the amount thereof carried to the surplus fund, twelve thousand three hundred and seventy-four dollars and fiftyseven cents.
For replacing the like amount of appropriations made for the survey of certain ports and harbours, which has been carried to the surplus fund, the sum of one thousand three hundred and thirty-four dollars and seventy-eight cents.
For replacing the like amount appropriated to procure medals for officers of the army, carried to the surplus fund, the sum of eight thousand two hundred dollars.
For replacing the like amount appropriated for the relief of Colonel William Lawrence and others, carried to the surplus fund, the sum of one thousand four hundred and forty dollars and twelve cents.
For carrying into effect the treaty concluded at Chicago, on the twenty-ninth day of August, eighteen hundred and twenty-one, the sum of eighteen thousand one hundred and seven dollars and ten cents.
For carrying into effect so much of the fourth article of the treaty of the eighth of January, one thousand eight hundred and twenty-one, between the United States and the Creek nation, in relation to the compensation due to the citizensof Georgia by the Creek nation, fifty thousand dollars.
For the purpose of holding treaties with the Cherokee and Creek tribes of Indians, for the extinguishment of the Indian title to all the lands within the state of Georgia, pursuant to the fourth section of the first article of the agreement and cession, concluded between the United States and the state of Georgia, on the twenty-fourth of April, one thousand eight hundred and two, the sum of thirty thousand dollars.
Sec. 2. And be it further enacted, That the several appropriations hereinbefore made, shall be paid out of any money in the treasury not otherwise appropriated.
Sec. 3. And be it further enacted, That no money appropriated by this act, or by the act, entitled "An act making appropriations for the military service of the United States for the year one thousand eight hundred and twenty-two," shall be advanced or paid to any person on any contract, or to any officer who is in arrears to the United States, until he shall have accounted for, and paid into the treasury, all sums for which he may be liable.
Approved, May 7, 1822.
May 7, 1822.
The second section of act
Chap. XC.—Jin Act further to amend the teveral acts relative to the Treasury,
Be it enacted by the Senate and House of Representatives of the United
(a) In general, the official duties of one of the executive departments, whether imposed by acts of Congress, or by resolutions, are not merely ministerial duties. The head of an executive department of the government, io the administration of the various and important concerns of his office, is continually required to exercise judgment and discretion. He must exercise his judgment in expounding the laws and resolutions of Congress, under which he is required, from time to time, to act. If ho doubts, ho has a right to call on the attorney general to assist him with his counsel; and it would be difficult to imagine why a legal adviser was provided by law for the heads of departments, as well »s
act, entitled "An act making alterations in the Treasury and War Departments," passed the eighth day of May, seventeen hundred and ninetytwo; the second section of the act, entitled, "An act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Navy, Departments," passed the sixteenth day of July, seventeen hundred and ninety-eight; and the seventh section of the act, entitled " An act to provide for the prompt settlement of public accounts," passed the third day of March, eighteen hundred and seventeen, be, and hereby are, repealed, from and after the thirtieth day of June, eighteen hundred and twenty-two.
Sec. 2. And be it further enacted, That on the day and year last aforesaid, all moneys which may remain in the hands of the treasurer of the United States, as agent of the War and Navy Departments, shall, under the direction of the secretaries of those departments, respectively, be repaid into the treasury, and carried to the credit of the proper department upon the books of the treasury.
Sec. 3. And be it further enacted, That all moneys appropriated for the use of the War and Navy Departments, shall, from and after the day and year last aforesaid, be drawn from the treasury, by warrants of the Secretary of the Treasury, upon the requisitions of the secretaries of those departments, respectively, countersigned by the second comptroller of the treasury, and registered by the proper auditor.
Sec. 4. And be it further enacted, That so much of the said act of the third day of March, eighteen hundred and seventeen, as is repugnant to the foregoing provisions, be, and is hereby, repealed, from and after the thirtieth day of June, eighteen hundred and twenty-two.
Approved, May 7, 1822.
Chap. XCI.—An Act fixing the compensation of the commissioner of the public 'buildings, (a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That instead of the salary of two thousand dollars, heretofore allowed by law to the commissioner of the public -buildings, there shall henceforth be allowed to the said commissioner a salary of one thousand five hundred dollars a year, to be paid quarterly, out of any moneys in the treasury not otherwise appropriated.
Sec. 2. And be it further enacted, That the said commissioner shall
of May 8, 1792, ch. 37.
Second section of act of July 16, 1798, ch. 85:
And seventh section of act of March 3, 1817, ch. 45, repealed after June 30, 1822.
All moneys remaining in the hands of the treasurer as agent of the War and Navy Departments, to be repaid into the treasury.
All moneys for the use of the War and Navy Departments, to be drawn by warrant of the Secretary of the Treasury, &c.
So much of the act of March 3, 1817, ch. 45, as is repugnant, &c, repealed.
The salary of the commissioner of the public buildings, to be hereafter 1500 dollars per annum to be paid quarterly, &c.
for the President, unless their duties were regarded as executive, in which judgment and discretion were to be exercised. Decatur v. Paulding, Secretary of the Navy, 14 Peters, 497.
If a suit should come before the Supreme Court of the United States, which involved the construction of any of the laws imposing duties on the heads of the executive departments, the court would not certainly be bound to adopt the construction given by the head of a department; and if they supposed the decision to' be wrong, they would, of course, so pronounce their judgment. But the judgment of the court upon the construction of a law, must be given in a case in which they have jurisdiction, and in which it is their duty to interpret the act of Congress, in order to ascertain the rights of the parties in the cause before them. The court could not entertain an appeal from the decision of one of the secretaries, nor revise his judgment in any case where the law authorized him to exercise his discretion or judgment. Nor can it, by mandamus, act directly upon the officer, or guide and control his judgment or discretion in the matters committed to his care, in the ordinary discharge of bis official duties. The interference of the court with the performance of the ordinary duties of the executive departments of the government, would be productive of nothing but mischief; and this power was never mtended to be given to them. Ibid.
(a) By the act of May 2, 1828, " An act making appropriations for the public buildings, and for other purposes," passed May 2,1828, ch. 45, sec. 3, the commissioner of public buildings is required to reside near the Capitol; and by the third section of the act making appropriations for public buildings, passed March 3, 1829, ch. 51, the commissioner is required to report annually to Congress the manner in which all appropriations for the public buildings and grounds have been expended.
By the act of 1843, cb. 75, an act to fix the compensation of the commissioner of public buildings, the compensation of the commissioner was fixed at two thousand dollars per annum, and no portion of the appropriation for public buildings and grounds to be applied to the payment of clerks, unless tho same be expressly provided for in the act.
Vol. III.—87 3 M 2
sioncr to give bond with one or more sureties. Proviso.
The 3d section of act of April 29, 1816, ch.l50,fixingthe salary of the commissioner at 2000 dollars, repealed.
give bond, with one or more sufficient sureties, in such sum and form as the President of the United States shall direct, for the faithful discharge of the duties of his office; Provided, That there shall not be placed in his hand, at any one time, a sum exceeding the penalty of the bond.
Sec. 3. And be it further enacted, That the third section of the act, entitled "An act making an appropriation for enclosing and improving the public square near the Capitol, and to abolish the office of commissioners of the public buildings, and of superintendent, and for the appointment of one commissioner for the public buildings," approved the tw enty-ninth day of April, A. D. one thousand eight hundred and sixteen, which said section fixed the salary of the said commissioner at two thousand dollars, be, and the same is hereby, repealed.
ArpRovF.D, May 7, 1822.
Statute I. May 7, 1822.
Sums appropriated for carrying into effect the treaty of Chicago,.of Aug. 29, 1821.
To the Otta
To the Pattawatimaa.
To the Kickapoos.
To the Choctaws.
Annuity to Mushalatubbee, fee.
Annuity to the Kaskaskias.
The treaty of Saginaw, relative to employment of a blacksmith , &c.
Chap. XCIII.—An Act to provide for annuities to the Ottawa), Pattawatimas, Kickapoos, Choctaws, Kaskaskias, to Mushalatubbee, and to carry into effect the treaty of Saginaw.
Be it enacted by the Senate, and House of Representatives of the United States of America, in Congress assembled, That, for carrying into effect a treaty concluded at Chicago, on the twenty-ninth day of August, one thousand eight hundred and twenty-one, the following sums to be paid out of any moneys in the treasury not otherwise appropriated, be, and the same are hereby, appropriated, for the payment of the annuity stipulated in said treaty, to be paid to the following Indian tribes: that is to say: to the Ottawas, a permanent annuity of one thousand dollars, annually; to the said tribe of Indians, one thousand five hundred dollars annually, for ten years, in support of a blacksmith, teacher, and a person to instruct the Ottawas in agriculture, and for the purchase of cattle and farming utensils. To the Pattawatimas, five thousand dollars annually, for twenty years, and a further sum of one thousand dollars to the said tribe of Indians, stipulated in said treaty, to be applied by the President, annually, in support of a blacksmith and teacher for them. To the Kickapoo tribe of Indians, two thousand dollars annually, for fifteen years, stipulated to be paid to the said tribe by the treaty concluded at Edwardsville, in the state of Illinois, on the thirtieth of July, one thousand eight hundred and nineteen, and to continue so appropriated so long as the said treaties shall be in force.
For carrying into effect certain stipulations contained in the treaty of the sixteenth November, one thousand eight hundred and five, with the Choctaw nation, and for the annual gratuity to said nation, allowed under previous treaties, for which no appropriation has heretofore been made, annually, two thousand four hundred dollars.
For the annuity to Mushalatubbee, provided for in the treaty concluded with the Choctaw nation, October eighteenth, one thousand eight hundred and twenty, and to carry into effect the stipulation of said treaty, relative to light horse, annually, seven hundred and fifiy dollars.
For annuity secured to the Kaskaskias tribe by the treaty of the thirteenth August, one thousand eight hundred and three, for which no appropriation has heretofore been made, annually, five hundred dollars.
For carrying into effect the stipulation contained in the treaty concluded at Saginaw, twenty-fourth September, one thousand eight hundred and nineteen, relative to the employment of a blacksmith, and persons to aid in agriculture, &c. &c. and for which no appropriation has heretofore been made, the annual sum of two thousand dollars.
Approved, May 7, 1822.
Chap. XC VI.—An Act to authorize and empower the corporation of the city of Washington, in the District of Columbia, to drain the low grounds on and near the public reservations, and to improve and ornament certain parts of such reservation.(a)
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be lawful for the mayor, aldermen, and common council, of the city of Washington, under the direction of the President of the United States, and the said corporation is hereby authorized, when they shall deem it necessary, to contract with the Washington Canal Company, and obtain their consent, to change the present location of such parts of the canal, passing through the said city, as lies between Second and Seventh streets west, into such other course as shall most effectually, in their opinion, drain and dry the low grounds lying on the borders of Tyber creek.
Sec. 2. And be it further enacted, That, to effect the object aforesaid, and to fill up the low grounds on the borders of the said canal, in such manner as they may provide by law, the said corporation is hereby authorized and empowered, after having extended the public reservation, designated on the plan of the said city as number ten, so.as the whole south side thereof shall bind on the line of Pennsylvania avenue; and after having caused to be divided the said public reservation numbered ten, except such part thereof as has already been sold, and also the public reservations numbered eleven and twelve, into building lots, to sell and dispose of the right of the United States of, in, and to, the said lots, or any number thereof, laid off as aforesaid, at public sale, on such conditions of improvement, and on such terms, as the said corporation shall prescribe: and the said corporation is further authorized and empowered, for the purposes specified in this act, to cause to be laid off, in such manner as the President of the United States may approve of, two squares, south of Pennsylvania avenue, between Third, ana Sixth streets west, to front on the line of said avenue from the junction of said Sixth street west, and the said avenue, to the junction of Third street west with said avenue; and also to lay off, north of Maryland avenue, two uniform and correspondent squares, and the said four squares, when so laid off, to divide into building lots, and to sell and dispose of the right of the United States,
Statute I. May 7, 1822.
The corporation of Washington, under direction of the President, authorized to contract with the Washington Canal Company, and to change the location, ate.
The corporation empowered, after having extended the public reservation, and caused the public reservations, &c. to be divided into building lots, to sell the right of the United States to such lots, at public sale, &c.
The corporation further authorized to lay off four squares, divide them into building lots, and to dispose of the right of the United States to such lots, at public sale, &c.
(a) In 1822 Congress passed an act, authorizing the corporation of Washington to drain the ground in and near certain public reservations, and to improve and ornament certain parts of the public reservations. The corporation are empowered to make an agreement, by which parts of the location of the canal shall be changed, for the purpose of draining and drying the. low grounds near the Pennsylvania avenue, &c. To effect these objects, the corporation is authorized to lay off, in building lots, certain
fiarts of the public reservations, No. 10, 11, and 12, and of other squares, and also a part of B street, as aid out and designated in the original plan of the city, which lots they may sell at auction, and apply the proceeds to those objects, and afterwards to enclosing, planting, and improving other reservations, and building bridges, &c., the surplus, if any, to be paid into the treasury of the United States. The act authorizes the heirs, &c., of the former proprietors of the land, on which the city was laid out, who may consider themselves injured by the purposes of the act, to institute in the circuit court, a bill in equity, in the nature of a petition of right against the United States, setting forth the grounds of any claim they may consider themselves entitled to make, to be conducted according the rules of a court of equity; the court to hear and determine upon the claim of the plaintiffs, and what portion, if any, of the money arising from the sale of the lots they may be entitled to, with a right of appeal to the Supreme Court. The plaintiffs, Van Ness and wife, filed their bill against the United States and the corporation of Washington, claiming title to the lots which had been thus sold, under David Burns, the original proprietor of that part of the city, and father of one of the plaintiffs, on the ground, that, by the agreement between the United States and the original proprietors, upon laying out the city, those reservations and streets were forever to remain for public use, and without the consent of the proprietors could not be otherwise appropriated or sold for private use; that the act of Congress was a violation of the contract; that by such sale and appropriation for private use, the right of the United States thereto was determined, or that the original proprietors re-acquired a right to have the reservations, &c, laid out in building lots, for their joint and equal benefit with the United States, or that they were in equity, entitled to the whole or a moiety of the proceeds of the sales of the lots. Held, that no rights or claims ezist in the former proprietors or their heirs; and that the proceedings of the corporation of Washington, under and in conformity with the provisions of the act, are valid and effectual for the purposes of the act. Van Ness and wife r. The Mayor of Washington, anil the United States, 4 Peters, 232.
No change in the direction of the canal, without the written consent, &c.
The change to be made out of moneys paid by the corporation, &c.
No landing for wharfage between Third and Sixth streets.
The mayor empowered to execute a deed in fee, &c.
The deeds to be recorded, &c.
The corporation may apply balances to improving the public reservation between Capitol square and Sixth street west, &c.
No improvements, &c, unless out of the funds created by this act, &c.
Corporation to have the control, &c, of the public* reservation, &c.
The residue of the fund to be paid into the treasury of the United States.
Legal representatives of former proprietors, &c. permitted within a year, &c, to institute a bill in equity, &c. against the Umted States.
A copy of the bill to be served on the attorney general, &c.
The suits to be conducted according to the rules of a court of equity, &c.
of, in, and to, such building lots, or any number thereof, at public sale, on such conditions of improvement, and on such terms, as the said corporation shall prescribe; but no change shall be made in the direction of said canal, unless the consent, in writing, of the president and directors of the Washington Canal Company be first had and obtained; and the change that shall be made, in pursuance of any contract that may be entered into under this act, shall be made by the said company out of the moneys to be paid to the said company by the said corporation; and the said company shall, during the time the proposed alteration is in progress, be entitled to receive the same rates of wharfage that are secured to them by any former act or acts; but no landing shall be permitted for the purposes of wharfage between the west side of Third and the east side of Sixth streets west.
Sf.c. 3. And be it further enacted, That, upon the payment of the purchase money, and upon the compliance with the conditions of improvement by the purchaser or purchasers, or his or their heirs or assigns, the mayor of the said city', for the time being, shall be, and he is hereby, empowered to execute a deed or deeds in ice to such purchaser or purchasers, his or their heirs or assigns, under his hand and the seal of the said corporation; which deed or deeds shall be recorded among the land records of the county of Washington, within the time prescribed for the recording of conveyances of real estates.
Sec. 4. And be it further enacted, That if, after the aforesaid objects shall be effected, a balance shall remain unexpended in the hands of the said corporation, from the proceeds of the sale of the said lots, the said corporation is authorized and empowered to appropriate and apply, from time to time, as the same may be collected, the whole or any part of such balance, to enclosing, planting, or otherwise improving the public reservation between the Capitol square and Sixth street west, and building one or more bridges over that part of the canal lying in or between Second and Sixth streets west; but the said corporation is hereby expressly prohibited from undertaking any of the improvements contemplated by this section, unless the said improvements shall be effected out of the funds created by this act, or out of the corporate funds of the said corporation ; and the corporation of the said city shall have the control and management of the public reservation between the botanic garden and Sixth street west, with the view to the improvement and preservation of the same, until Congress shall otherwise direct.
Sec. 5. And be it further enacted, That the residue of the fund, created by the sales of lots, authorized by this act, after effecting the objects contemplated by the foregoing sections, shall, from time to time, as the same may be collected, be paid by the mayor of Washington into the treasury of the United States.
Sec. 6. And be it further enacted, That it shall he lawful for the legal representative of any former proprietor of the land directed to be disposed of by this act, or persons lawfully claiming title under them, and they are hereby, permitted and authorized, at any time within one year from the passing of this act, to institute a bill in equity in the nature of n petition of right against the United States, in the circuit court of the United States for the district of Columbia, in which they may set forth the grounds of their claim to the land in question.
Sec. 7. And be it further enacted, That a copy of said bill shall be served on the attorney general of the United States, and it shall be his duty to prepare and put in the proper pleas and answers, and make all proper defence thereto, in behalf of the United States.
Sec 8. And be it further enacted, That the said suit shall be conducted according to the rules of a court of equity ; and the said court shall have full power and authority to hear and determine upon the claim of the plaintiff or plaintiffs, and what proportion, if any, of the money