CHAP. XXI.-An Act authorizing a Loan for the use of the City of Washington, in the District of Columbia, and for other purposes therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioners, under the act, intituled "An act for establishing the temporary and permanent seat of the government of the United States," be, and they are hereby authorized, under the direction of the President of the United States, to borrow, from time to time, such sum or sums of money, as the said President shall direct, not exceeding three hundred thousand dollars in the whole, and not exceeding two hundred thousand dollars, in any one year, at an interest not exceeding six per centum per annum, and reimbursable at any time after the year one thousand eight hundred and three, by instalments, not exceeding one fifth of the whole sum borrowed, in any one year; which said loan or loans shall be appropriated and applied by the said commissioners, in carrying into effect the above recited act, under the control of the President of the United States. and STATUTE I. May 6, 1796. ers of the city of direction of the row certain sums. 1790, ch. 28. 1802, ch. 41. Certain lots Those lots to be sold, and the monies applied to discharge the loans. SEC. 2. And be it further enacted, That all the lots, except those now appropriated to public use in the said city, vested in the commis- made chargea. ble with the resioners aforesaid, or in trustees, in any manner, for the use of the United payment of States, now holden and remaining unsold, shall be, and are hereby those loans. declared and made chargeable with the repayment of all and every sum and sums of money, and interest thereupon, which shall be borrowed in pursuance of this act: And, to the end, that the same may be fully and punctually repaid, the said lots, or so many of them as shall be necessary, shall be sold and conveyed, at such times, and in such manner, on such terms, as the President of the United States, for the time being, shall direct: And the monies arising from the said sales, shall be applied and appropriated, under his direction, to the discharge of the said loans, after first paying the original proprietors any balances due to them, respectively, according to their several conveyances to the said commissioners or trustees. And if the product of the sales of all the said lots shall prove inadequate to the payment of the principal and interest of the sums borrowed under this act, then the deficiency shall be paid by the United States, agreeably to the terms of the said loans; for it is expressly hereby declared and provided, that the United States shall be liable only for the repayment of the balance of the monies to be borrowed under this act, which shall remain unsatisfied by the sales of all the lots aforesaid, if any such balance shall thereafter happen. If the product of such sales sufficient, then only the United States to pay the deficiency. should be in Purchasers of from incumbrance. SEC. 3. And be it further enacted, That every purchaser or purchasers, his or their heirs or assigns, from the said commissioners or lots to be exempt trustees, under the direction of the said President, of any of the lots herein before mentioned, after paying the price, and fulfilling the terms stipulated and agreed to be paid and fulfilled, shall have, hold and enjoy the said lot or lots so bought, free, clear and exonerated from the charge and incumbrance hereby laid upon the same. SEC. 4. And be it further enacted, That the commissioners aforesaid, shall, semi-annually, render to the Secretary of the Treasury, a particular account of the receipts and expenditures of all monies intrusted to them, and also, the progress and state of the business, and of the funds under their administration; and that the said secretary lay the same before Congress, at every session after the receipt thereof. APPROVED, May 6, 1796. CHAP. XXII.—An Act making further provision relative to the Revenue Cutters. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from Commissioners shall render an account of receipts and expenditures, &c. semi-annually to the Secretary of the Treasury, who shall lay it before Congress. STATUTE I. May 6, 1796. [Obsolete.] and after the first day of May, in the present year, there be allowed, in lieu of the compensation now established, to the master of each revenue cutter, fifty dollars per month; to each first mate, thirty-five dollars per month; to each second mate, thirty dollars per month; to each third mate, twenty-five dollars per month; and to each mariner, not exceeding twenty dollars per month; to be paid by the collectors of the revenue, who shall be designated for that purpose. SEC. 2. And be it further enacted, That all penalties, fines and forfeitures which may be incurred under the impost laws of the United States, and recovered in consequence of information given by any officer of a revenue cutter, shall, after deducting all proper costs and charges, be disposed of, as follows: One fourth part shall be for the use of the United States, and be paid into the treasury thereof; one fourth part, for the officers of the customs, to be distributed in the manner now provided, relative to that part of forfeitures they are now entitled to; and the remainder thereof, to the officers of such cutter, to be divided among them, in proportion to their pay. SEC. 3. And be it further enacted, That the President of the United States be, and he hereby is authorized, to cause other revenue cutters to be built or purchased, in lieu of such as are or shall, from time to time, become unfit for further service; the expense whereof, as well as all future expenses of building, purchasing or repairing revenue cutters, shall be paid out of the product of the duties on goods, wares and merchandise, imported into the United States, and on the tonnage of ships or vessels. SEC. 4. And be it further enacted, That the President of the United States be, and he is hereby authorized to cause such revenue cutters as shall, from time to time, become unfit for service, to be sold at public auction, and the proceeds of such sales to be paid into the treasury of the United States. SEC. 5. And be it further enacted, That so much of this act as fixes the compensation of the officers and men on board the said cutters, shall be, and remain in force, for the term of one year, and from thence to the end of the next session of Congress thereafter, and no longer. APPROVED, May 6, 1796. STATUTE I. May 6, 1796. [Obsolete.] Consent of ed to the act of Maryland for collecting a duty of one cent sels coming into CHAP. XXIII.-An Act to continue in force, for a limited time, an act intituled "An act declaring the consent of Congress to an act of the State of Maryland, passed the twenty-eighth of December, one thousand seven hundred and ninetythree, for the appointment of a Health Officer." SECTION 1. Be it enacted by the Senate and House of RepresentaCongress grant- tives of the United States of America in Congress assembled, That the consent of Congress be, and is hereby granted and declared, to the operation of an act of the General Assembly of Maryland, passed the twenty-eighth of December, one thousand seven hundred and ninetythree, intituled "An act to appoint a health officer, for the port of Baltimore, in Baltimore county," so far as to enable the state aforesaid to collect a duty of one cent per ton, on all vessels coming into the district of Baltimore, from a foreign voyage, for the purposes in the said act intended. per ton on ves. Baltimore district from a foreign voyage. Limitation of the act. See page 546, post. SEC. 2. And be it further enacted, That this act shall be in force for one year, and from thence to the end of the next session of Congress thereafter, and no longer. APPROVED, May 6, 1796. STATUTE I. CHAP. XXIV.-An Act to repeal so much of an act intituled “An act to establish May 12, 1796. the judicial courts of the United States," as directs that alternate sessions of the Circuit Court for the district of Pennsylvania shall be holden at Yorktown; and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the fifth section of the act, intituled "An act to establish the judicial courts of the United States," as directs that alternate sessions of the circuit court for the district of Pennsylvania, shall be holden at Yorktown, be, and the same is hereby repealed; and that all the sessions of the said circuit court, shall, from and after the passing of this act, be holden at the city of Philadelphia, excepting only, when at any session of the said court, the judges thereof shall direct the next session to be holden at Yorktown; which they are hereby authorized and empowered to do, whenever it shall appear to them to be necessary. SEC. 2. And be it further enacted, That all such process of the said court, as may have issued before the passing of this act, and all recognizances returnable, and all suits and other proceedings that were continued to the said circuit court for the district of Pennsylvania, on the eleventh of October next, in Yorktown, shall now be returned, and held continued to the same court, on the same day, at Philadelphia. And to the end, that suitors, witnesses and all others concerned, may have notice of the alteration hereby made, the marshal of the said district of Pennsylvania is hereby required to make the same known, by proclamation, on or before the first day of August next. APPROVED, May 12, 1796. Act of Sep. 20, 1789, ch. 20. Circuit court for Pennsylvania district to be holden only at Philadelphia, except when the judges direct it to be holden at Yorktown. Returns and continuances to the 11th of next October at Yorktown changed to the same day at Philadelphia. Notice there of to be given by the marshal by proclamation. STATUTE I. CHAP. XXV.—An Act allowing compensation for Horses killed in battle belonging May 12, 1796. to officers of the army of the United States. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every officer in the army of the United States, whose duty requires him to be on horseback, in time of action, and whose horse shall be killed in battle, be allowed a sum not exceeding two hundred dollars, as a compensation for each horse so killed. SEC. 2. And be it further enacted, That the provision contained in this act shall have retrospective operation, so far as the fourth day of March, in the year one thousand seven hundred and eighty-nine: Provided, That no person shall receive payment for any horse so killed, until he make satisfactory proof to the Secretary at War, that the horse, for which he claims compensation, was actually killed under such circumstances, as to entitle him to this provision, in all cases, which have heretofore taken place, within one year after the end of the present session of Congress; and in all cases which may take place hereafter, within one year after such horse shall have been killed. SEC. 3. And be it further enacted, That the proof of the value of such horse shall be, by the affidavit of the quartermaster of the corps, to which the owner may belong, or of two other credible witnesses. APPROVED, May 12, 1796. CHAP. XXVI.-An Act declaring the consent of Congress to a certain Act of the State of Maryland, and to continue an act declaring the assent of Congress to certain Acts of the States of Maryland, Georgia and Rhode Island and Providence Plantations, so far as the same respects the States of Georgia, and Rhode Island and Providence Plantations. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the con Officers whose duty requires them to be on horseback, to be paid for horses killed in battle. Act to be retrospective as far as fourth of March, 1789. Proof to be made to the Secretary of War within a limited time. How proof of the value shall be made. STATUTE I. May 12, 1796. [Expired.] Consent of Congress to a certain act of Maryland empowering the wardens of the port of Baltito levy and collect the duty therein mentioned. more Part of the act declaring the assent of Congress sent of Congress be, and is hereby granted and declared to the operation of an act of the General Assembly of Maryland, made and passed at a session begun and held at the city of Annapolis, on the first Monday of November, in the year one thousand seven hundred and ninetyone, intituled "An act empowering the wardens of the port of Baltimore to levy and collect the duty therein mentioned." SEC. 2. And be it further enacted, That the act, intituled "An act declaring the assent of Congress to certain acts of the states of Maryto certain acts of land, Georgia and Rhode Island and Providence Plantations," shall be continued, and is hereby declared to be in full force, so far as the same respects the states of Georgia and Rhode Island and Providence Plan the states of Maryland, and Providence tinued in force. tations. SEC. 3. And be it further enacted, That this act shall be, and conPlantations con- tinue in force for the term of three years, and from thence to the end of the next session of Congress thereafter, and no longer. APPROVED, May 12, 1796. 1800, ch. 15. STATUTE I. May 17, 1796. A lighthouse Cape Cod. CHAP. XXVII.-An Act authorizing the erection of a Lighthouse on Cape Cod, in the State of Massachusetts. Be it enacted by the Senate and House of Representatives of the United to be erected on States of America in Congress assembled, That it shall be the duty of the Secretary of the Treasury, to provide, by contract, which shall be approved by the President of the United States, for building a lighthouse on Cape Cod, in the state of Massachusetts, (as soon as the necessary cession of land for the purpose shall be made by the said state to the United States;) and to furnish the same, with all necessary supplies: And also, to agree for the salaries, or wages of the person, or persons, who may be appointed by the President, for the superintendence and care of the same: And that the number or disposition of the light or lights in the said lighthouse, be such, as may tend to distinguish it from others, as far as is practicable; and that the light or lights on Gurnet head, at the entrance of Plymouth harbour, be altered or dimiAppropriation nished, if necessary: And that eight thousand dollars be appropriated for the same, out of any monies not otherwise appropriated. APPROVED, May 17, 1796. therefor. STATUTE I. May 18, 1796. CHAP. XXIX.-An Act providing for the Sale of the Lands of the United States, in the territory northwest of the river Ohio, and above the mouth of Kentucky river.(a) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a Surveyor General shall be appointed, whose duty it shall be to engage a sufficient number of skilful surveyors, as his deputies; whom he shall (a) The acts of Congress relating to the sale of the public lands northwest of the river Ohio, are: An act providing for the sale of the lands of the United States, in the territory northwest of the river Ohio, and above the mouth of the Kentucky river, May 18, 1796, chap. 29; an act for regulating grants of land appropriated for military services, and for the Society of the United Brethren, for propagating the gos pei among the heathen, June 1, 1796, chap. 46; an act to amend the act entitled "An act for regulating grants of land appropriated for military services, and for the Society of United Brethren for propagating the gospel among the heathen," March 2, 1799, chap. 29; an act to authorize the sale of certain lands between the Great and Little Miami rivers, in the territory of the United States, northwest of the river Ohio; and for giving a pre-emption to certain purchasers, March 2, 1799, chap. 34; an act in addition to an act regulating the grants of land appropriated for military services, and for the Society of United Brethren for propagating the gospel among the heathen, and for other purposes, March 1, 1800; act of May 10, 1800; an act making provision for the disposal of the public lands in the Indiana territory, and for other purposes, March 26, 1804, chap. 35; an act to authorize the Secretary at War, to issue land warrants, and for other purposes, April 15, 1806, chap. 26; an act providing for the cases of lost military land warrants and discharges for faithful services, April 27, 1816, chap. 127, &c. &c. cause, without delay, to survey and mark the unascertained outlines of the lands lying northwest of the river Ohio, and above the mouth of the river Kentucky, in which the titles of the Indian tribes have been extinguished, and to divide the same in the manner herein after directed; he shall have authority to frame regulations and instructions for the government of his deputies; to administer the necessary oaths, upon their appointments; and to remove them for negligence or misconduct in office.(a) SEC. 2. Be it further enacted, That the part of the said lands, (a) The decisions of the courts of the United States, as to the principles which regulate the titles to the public lands, in the states which form part of the territory northwest of the river Ohio, have been: A title to lands under grants by Indian titles northwest of the river Ohio, to private individuals in the years 1773 and 1775, cannot be sustained in the courts of the United States. Lessee of Johnson et al. v. M'Intosh, 8 Wheat. 543; 5 Cond. Rep. 515. The title to land depends entirely on the laws of the nation in which they lie. Ibid. Discovery constitutes the original title to lands on the American continent, as between the different European nations. The title thus derived was the exclusive right of acquiring the soil from the natives, and establishing settlements upon it. The title was to be consummated by possession. Ibid. The right of the original inhabitants, was to a considerable extent impaired, but in no instance disregarded. The Europeans respected the right of the natives as occupants, but asserted the ultimate dominion to be in themselves; and claimed and exercised as a consequence of this ultimate dominion, a power to grant the soil while yet in the possession of the natives. Ibid. By the treaty between Great Britain and the United States, which concluded the revolution, the powers of government and the right of soil, which had been previously in Great Britain, passed definitely to the United States. Ibid. The United States, or the several states, have a clear title to all the lands within the boundary lines described in the treaty; subject only to the Indian right of occupancy: and the exclusive power to extinguish that right, was vested in the United States, which might constitutionally exercise it. lbid. It is a principle of universal law, that if an uninhabited country be discovered by a number of individuals, who acknowledge no connection with, and own no allegiance to any government whatever, the country becomes the property of the discoverers, so far as they can use it. Ibid. If the discovery be made, and possession be taken under the authority of an existing government which is acknowledged by the emigrants, the discovery is made for the whole nation; and the country becomes a part of the nation, and the vacant soil is to be disposed of by that organ of the government which has the constitutional power to dispose of the national domain. Ibid. The decision of the register and receiver of a land-office, in the absence of fraud, would be conclusive as to the facts that the applicant for the land was then in possession, and of his cultivating the land during the preceding year; because these questions are directly submitted to those officers. Yet if they undertake to grant pre-emptions to land, on which the law declares they shall not be granted, then they are acting on a subject matter clearly not within their jurisdiction; as much so, as if a court whose juris. diction was declared not to extend beyond a given sum, should attempt cognizance of a case beyond that sum. Wilcox v. Jackson, 13 Peters, 498. Appropriation of land by the government, is nothing more or less than setting it apart for some pecuJiar use. Whenever a tract of land has been once legally appropriated to any purpose, from that moment the land thus appropriated becomes severed from the mass of public lands: and no subsequent law or proclamation, or sale, would be construed to embrace it, or to operate upon it, although no other reservation were made of it. Ibid. Nothing passes a perfect title to public lands, with the exception of a few cases, but a patent. The exceptions are where Congress grants lands in words of present grant. The general rule applies as well to pre-emptions, as to other purchases of public land. Ibid. A state has a perfect right to legislate as she may please, in regard to the remedies to be prosecuted in her courts, and to regulate the disposition of the property of her citizens, by descent, devise or alienation. But Congress are invested by the constitution with the power of disposing of the public land, and making needful rules and regulations concerning it., Ibid. Where a patent has not been issued for a part of the public land, a state has no power to declare any title less than a patent valid against the claim of the United States to the land; or against a title held under a patent from the United States. Ibid. Whenever the question in any court, state or federal, is whether the title to property which had belonged to the United States, has passed, that question must be resolved by the laws of the United States. But whenever the property has passed, according to those laws, then the property, like all other in the state, is subject to state legislation; so far as that legislation is consistent with the admission that the title passed, and was vested according to the laws of the United States. Ibid. Congress has the sole power to declare the dignity and effect of titles emanating from the United States; and the whole legislation of the government, in reference to public lands, declares the patent to be the supe. rior and conclusive evidence of legal title. Until it issues, the fee is in the government, which by the patent passes to the grantee, and he is entitled to recover the possession by ejectment, Bagnell v. Broderick, 13 Peters, 436. Where the title to the public land has passed out of the United States by conflicting patents, there can be no objection to the practice adopted by the courts of a state, to give effect to the better right in any form of remedy the legislature or courts of the state may prescribe. No doubt is entertained, of the power of the states to pass laws authorizing purchasers of lands from the United States, to prosecute actions of ejectment upon certificates of purchase against trespassers on the lands purchased; but it is denied that the states have any power to declare certificates of purchase, of equal dignity with a patent. Congress alone can give them such effect. Ibid. VOL. I.-59 |