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# United States Schmidt v. Miles

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United States Supreme Court
304 U.S. 583
United States Schmidt v. Miles
Messrs. W. G. Cavett and Hal S. Buchanan, both of Memphis, Tenn., for petitioners.
Messrs. Robert H. Jackson, Sol. Gen., and Hugh A. Fisher, both of Washington, D. C., and William W. Barron, Sp. Asst. to Atty. Gen., and George F. Kneip and W. Marvin Smith, both of Washington, D. C., for respondent.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 6

Chap. Ⅵ.—An Act for allowing a compensation to the Doorkeeper of the Senate, and his assistant, for their services during the late Session of Congress.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be allowed to James Mathers, the doorkeeper of the Senate, two hundred dollars, and to Cornelius Maxwell, his assistant, one hundred and eighty dollars, as a compensation for their services during the late session of Congress.
Approved, January 20, 1798.
# United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 55

Chap. ⅬⅤ.—An Act to amend the act, intituled “An act providing a Naval Armament,” and the act, intituled, “An act to authorize the President of the United States to cause to be purchased or built, a number of small vessels, to be equipped as gallies or otherwise.”
Section 1. President may increase the strength of revenue cutters. Ante, p. 523. Ante, p. 556. 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 shall be, and he is hereby authorized, when he shall think fit to increase the strength of any revenue cutter, for the purposes of defence, against hostilities near the sea coast, to employ on board the same, at his discretion, not exceeding seventy marines and seamen: anything in the act, intituled “An act providing a naval armament,” to the contrary hereof, notwithstanding.
Sec. 2. President may fix the rank, pay and subsistence of the officers of small vessels and gallies. And be it further enacted, That the President of the United States shall be, and he is hereby authorized to fix the degree of rank, and the rate of pay and subsistence, not exceeding what is allowed upon the naval establishment, which shall be granted and allowed to the officers who shall be duly commissioned in the service of the United States on board of any small vessel or galley, which shall be fitted out under his orders, pursuant to the act, intituled “An act to authorize the President of the United States to cause to be purchased, or built, a number of small vessels, to be equipped as gallies, or otherwise;” anything therein to the contrary hereof, notwithstanding.
Approved, June 22, 1798.
# United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 56

Chap. ⅬⅥ.—An Act to extend the privilege of franking letters and packets to the Secretary of the Navy.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Act of March 2, 1799, ch. 43, sec. 17.That all letters and packets to or from the Secretary of the Navy, shall be received and conveyed by post, free of postage, under the like restrictions and limitations as are provided respecting letters and packets to or from the heads of the other departments of the government, by the nineteenth section of the act, entitled 1794, ch. 23.“An act to establish the post-office and post roads within the United States.”
Approved, June 22, 1798.
# United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 63

Chap. ⅬⅩⅢ.—An Act making an appropriation for the expenses incident to the new Regiment of Artillerists and Engineers, during the year one thousand seven hundred and ninety-eight.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of eighty-eight thousand dollars be, and the same hereby is appropriated for the pay, subsistence, clothing, forage, bounties, quartermaster’s supplies, and all contingent expenses, during the year one thousand seven hundred and ninety-eight, of the regiment of artillerists and engineers to be raised for the service of the United States, pursuant to an act, intituled “An act to provide an additional regiment of artillerists and engineers:”1798, ch. 33. The said sum of eighty-eight thousand dollars to be paid out of any unappropriated money in the treasury of the United States.
Approved, June 28, 1798.
# United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 61

Thomas Jefferson, in the Kentucky Resolutions of 1798, maintained that this act is unconstitutional, because it punishes a crime not mentioned in the Constitution.
Chap. ⅬⅩⅠ.—An Act to punish frauds committed on the Bank of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Penalty on forging or uttering counterfeit bills, notes, orders or checks, by or upon the bank of the U. States. That if any person shall falsely make, alter, forge or counterfeit, or cause or procure to be ​orders or checks, by or upon the bank of the U. States.
falsely made, altered, forged or counterfeited, or willingly aid or assist in falsely making, altering, forging or counterfeiting any bill or note issued by order of the president, directors and company of the Bank of the United States, and signed by the president, and countersigned by the cashier thereof, or any order or check on the said cashier or corporation, for the payment of money, with intention to defraud the said corporation, or any other body politic or person, or shall utter or publish, as true, any false, altered, forged or counterfeited bill or note issued by order of the president, directors and company of the Bank of the United States, and signed by the president, and countersigned by the cashier thereof, or any order or check on the said cashier or corporation, for the payment of money, with intention to defraud the said corporation, or any other body politic or person, knowing the same to be falsely altered, forged or counterfeited, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted, according to the due course of law, shall be sentenced to be imprisoned and kept at hard labour for a period not less than three years, nor more than ten years, or shall be imprisoned not exceeding ten years, and fined not exceeding five thousand dollars: Provided, that nothing herein contained shall be construed to deprive the courts of the individual states of a jurisdiction under the laws of the several states over the offences declared punishable by this act.
Approved, June 27, 1798.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 197

Chap. CXCVII.—An Act giving the assent of Congress to an act of the legislature of North Carolina, entitled “An act to incorporate a company, entitled the Roanoke Inlet Company, and for other purposes;” and also, to an act amendatory thereof, which passed in one thousand eight hundred and twenty-eight.
Assent extended to any act to revive, &c., the aforesaid acts.Sec. 2. And be it further enacted, That the assent hereby given to the several acts aforesaid, shall be deemed and taken to extend the provisions of any act which may be passed by the legislature of the state of North Carolina, to revive, amend, or carry into full effect the purpose of the acts aforesaid, so far as the assent of Congress may be deemed essential to the validity thereof.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 201

Chap. CCI.—An Act extending further the right of debenture to the port of Key West, and altering the limits of the district of Key West.
Certain vessels admitted to make entry at Key West.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all ships or vessels, and ​merchandise, arriving in the United States, from and after the first day of August next, from the Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at the port of entry of Key West.
Collection district of Key West extended.Sec. 2. And be it further enacted, That, hereafter, all the ports, harbours, shores and waters, of that part of Florida extending from Indian river to Tampa bay, and of the islands opposite and nearest thereto, be, and the same are hereby, annexed to, and shall form a part of, the collection district of Key West.
Proviso of 3d section of act of May 7, 1822, ch. 62, repealed.Sec. 3. And be it further enacted, That the proviso of the third section of the act of the seventh of May, one thousand eight hundred and twenty-two, be, and the same is hereby, repealed, so far as respects the port of Key West, together with all such other parts of said act as are inconsistent with the provisions of the present act.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 203

Chap. CCIII.—An Act concerning the issuing of patents to aliens, for useful discoveries and inventions.
The privileges granted to aliens extended. Act of April 17, 1800, ch. 25.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the privileges granted to the aliens described in the first section of the act, to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees, approved April seventeenth, eighteen hundred, be extended, in like manner, to every alien, who, at the time of petitioning for a patent, shall be a resident in the United States, and shall have declared his intention, according to law, to become a citizen thereof:Proviso. Provided, That every patent granted by virtue of this act and the privileges thereto appertaining, shall cease and determine and become absolutely void without resort to any legal process to annul or cancel the same in case of a failure on the part of any patentee, for the space of one year from the issuing thereof, to introduce into public use in the United States the invention or improvement for which the patent shall be issued; or in case the same for any period of six months after such introduction shall not continue to be publicly used and applied in the United States, or in case of failure to become a citizen of the United States, agreeably to notice given at the earliest period within which he shall be entitled to become a citizen of the United States.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 196

Chap. CXCVI.—An Act to extend the provisions of the act, entitled “An act regulating commercial intercourse with the islands of Martinique and Guadaloupe,” approved the ninth of May, one thousand eight hundred and twenty-eight, and to refund the tonnage duties on the French ship Victorine.
Privileges of act of May 9, 1828, ch. 49, extended to vessels in ballast.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the privileges which are extended by the act, entitled “An act regulating commercial intercourse with the islands of Martinique and Guadaloupe,” approved the ninth of May, one thousand eight hundred and twenty-eight, to French vessels laden and coming direct from those islands, shall be extended to vessels coming in the same manner, in ballast, subject, nevertheless, to the proviso contained in said act.
Tonnage duty on the Victorine to be refunded.Sec. 2. And be it further enacted, That the Secretary of the Treasury is hereby authorized to refund, out of any money in the treasury not otherwise appropriated, such amount of tonnage duty as may have been collected, by the collector of the port of New York, upon the French ship Victorine, and which is referred to in the letter of the French minister to the Secretary of State, dated the fourth of November last.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 200

Chap. CC.—An Act to carry into effect certain Indian treaties.
Appropriation for expenses of emigrating Indians.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and fifty-seven thousand six hundred and ninety-four dollars be, and the same is hereby, appropriated, in addition to the balance remaining unexpended in the treasury, already appropriated to defray the expenses of transporting and subsisting such portions of the various Indians as have heretofore emigrated west of the Mississippi, or as may emigrate during the present year, in conformity with the provisions of various treaties entered into with them:John Drew to be paid. J. W. Flowers to be paid. For the payment of the account of John Drew, a Cherokee Indians, three thousand four hundred and thirty-five dollars and thirteen cents. For the payment of John W. Flowers, a Cherokee Indian, five hundred dollars.
Unsatisfied claims of the Cherokee Indians to be paid.Sec. 2. And be it further enacted, That the Secretary of War be, and he is hereby authorized and directed to cause any unsatisfied claims of John W. Flowers, Nicholas Miller, William Drew, and Joseph Rogers, Cherokee Indians, for stock lost by them, respectively, by spoliations committed by citizens of the United States, in the years one thousand eight hundred and twenty-eight, and one thousand eight hundred and twenty-nine, in the territory of Arkansas, ceded to the United States by the Cherokee tribe of Indians, in the month of May, one thousand eight hundred and twenty-eight, to be settled and paid in the same manner as if such spoliations had been committed before the cession of the said territory, on the principles of the act of Congress, approved March thirtieth, one thousand eight hundred and two, entitledAct of March 30, 1802, ch. 13. “An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers;” and that the Secretary of War be directed to endeavour to ascertain the names of the persons who committed the depredations upon the property of said Indians, and take suitable steps for the prosecution and punishment of such persons; and also for the recovery of the value of the property plundered or destroyed by them.
Sec. 3. And be it further enacted, That the said sums be paid out of any money in the treasury not otherwise appropriated.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 202

Chap. CCII.—An Act authorizing the entry of vessels and merchandise arriving from the Cape of Good Hope, or beyond the same, at the port of Edgartown, in Massachusetts.
Certain vessels admitted to entry at Edgartown.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first of August next, all vessels or merchandise, arriving in the United States from the Cape of Good Hope, or from any place beyond the same, may be entered at the port of Edgartown, in Massachusetts.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 198

Chap. CXCVIII.—An Act making appropriations for a custom-house in the city of New York, and for other purposes.
Purchase of site, and erection of building for a custom-house in the port of New York. Appropriation.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury shall be, and he is hereby, authorized and directed, with the approbation of the President of the United States, to purchase a site, and to cause a building to be constructed thereon to be used as a custom-house in the port of New York; and that the sum of two hundred thousand dollars be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be applied to the purposes aforesaid.
Custom-house Square, at New Haven.Sec. 2. And be it further enacted, That for the improvement of Custom-house Square at the port of New Haven, in the state of Connecticut, nine hundred dollars be, and the same is hereby appropriated, to be expended under the direction of the Secretary of the Treasury, provided the same shall be by him deemed expedient; to be paid out of any money in the treasury not otherwise appropriated.
Appropriations. Custom-house, &c., at Middletown; New London; New Bedford; Kennebunk; Newport.Sec. 3. And be it further enacted, That the following sums be appropriated, out of any moneys in the treasury not otherwise appropriated, for the purposes hereinafter mentioned, viz: for the erection or purchase of a custom-house and public store at the port of Middletown, five thousand dollars; for the erection or purchase of a custom-house and public store at the port of New London, five thousand dollars; for the purchase of a lot, and the erection of a custom-house and public store at the port of New Bedford, fifteen thousand dollars; and for the purchase of a custom-house at the port of Kennebunk, sixteen hundred dollars; for completing the custom-house and fence around it, of the port of Newport, five hundred dollars.
Approved, July 13, 1832.
# United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 112

Chap. CXII.—An Act for imposing additional duties upon all goods, wares and merchandise imported from any foreign port or place, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an additional duty of one ​Act of March 3, 1815, ch. 99. Act of April 27, 1816, ch. 107. Additional duty of 100 per cent. on foreign goods.hundred per centum upon the permanent duties now imposed by law, upon goods, wares and merchandise imported into the United States, shall be levied and collected upon all goods, wares and merchandise, which shall, from and after the passing of this act, be imported into the United States from any foreign port or place.
Additional duty of ten per cent. on goods imported in foreign vessels.Sec. 2. And be it further enacted, That an addition of ten per centum shall be made to the several duties imposed by this act, in respect to all such goods, wares and merchandise, as shall, from and after the passing of this act, be imported in ships or vessels not of the United States.
Additional duty on tonnage.Sec. 3. And be it further enacted, That on all ships or vessels belonging wholly or in part to the subjects of foreign powers, which shall be entered in the United States, or the territories thereof, there shall be paid an additional duty at the rate of one dollars and fifty cents per ton.
Collection of duties. Act of March 2, 1799, ch. 22.Sec. 4. And be it further enacted, That the additional duties laid by this act shall be levied and collected in the same manner, and under the same regulations and allowances, as to drawbacks, mode of security, and time of payment respectively, as are prescribed by law in relation to the duties now in force, on the articles on which the said additional duties are laid by this act.
Continuance of this act. Proviso.Sec. 5. And be it further enacted, That this act shall continue in force so long as the United States shall be engaged in war with Great Britain, and until the expiration of one year after the conclusion of peace, and no longer: Provided however, that the additional duties laid by this act shall be collected on all such goods, wares and merchandise, as shall have been previously imported.
Approved, July 1, 1812.
# United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 110

Chap. CX.—An Act confirming claims to lands in the Mississippi territory, founded on warrants of survey granted by the British or Spanish government.
Act of March 3, 1803, ch. 27. Certain claims confirmed.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, and the legal representative of every person claiming lands in the Mississippi ​territory by virtue of a British or Spanish warrant or order of survey, granted prior to the twenty-seventh day of October, one thousand seven hundred and ninety-five, who were on that day actually resident in the said territory, and whose claims have been regularly filed with the proper register of the land-office east and west of Pearl river, according to law, and reported to Congress, agreeably to the fourth section of the act entituledAct of March 31, 1808, ch. 40. Register and receiver to make out certificates of confirmation. Patents to be granted on such certificates. Proviso. “An act concerning the sale of the lands of the United States, and for other purposes,” passed on the thirty-first day of March, one thousand eight hundred and eight, be and they are hereby confirmed in their rights to land so claimed. And the register and receiver of public monies for the district within which the lands may lie, are authorized and required to make out such claimant or claimants, entitled thereto by the provisions of this act, a certificate of confirmation, for each of which certificates the register and receiver shall each receive one dollar, directed to the commissioner of the general land-office; and if it shall appear to the satisfaction of the said commissioner that such certificates have been fairly obtained, according to the true intent and meaning of this act, then and in that case patents shall be granted in like manner as is provided by law for the other lands of the United States: Provided, that no person shall be entitled to the benefit of this act who shall not appear by the report made to Congress as aforesaid or by the records of the boards of commissioners for the said territory to have been a resident of said territory on the twenty-seventh day of October one thousand seven hundred and ninety-five; nor shall any person be entitled to the benefit thereof who has not received a donation grant from the United States;Proviso. Provided, that not more than six hundred and forty acres shall by virtue of this act be granted to any one claim.
This act not to affect judicial decisions of a certain kind.Sec. 2. And be it further enacted, That nothing in this act contained shall be construed to affect the decisions of the courts of justice in the said territory, heretofore made respecting the claims, or any part thereof, embraced by the preceding section, or to prevent a judicial decision between the holder of a British patent, legally and fully executed and recorded with the register of the land-office east or west of Pearl river, and the persons whose claims are confirmed by the preceding section where such claims interfere.
Approved, June 30, 1812.