Virginia Argus — Richmond, Va., 1807-03-31 00:00:00, page 5

\ Y y • • •
Virginia
(By Authority.)
AX ACT
Respecting claims to land in the territo
ries Orleans and Louisiana.
BE it enacted by the Senate and House
i of Representatives of the United States
of America, in Congress assembled, That
so much of the first section of the act en
titled « An act for ascertaining and adjus
ting the titles and claims to land within the
territory of Orleans and the district of
Louisiana,” as provides that no incomplete
title shall be confirmed, unless the person
in whose name the warrantor order of sur
vey had been granted, was at the time of
its date either the head of a family, or a
bovc the age of twenty-one years, be and
the same is hereby repealed.
Sec.!?. And be it further enacted, That
any person or persons, and the legal re
presentative of any person or persons, who,
on the twentieth day of December, one
thousand eight hundred and three, had for
ten consecutive years, prior to that day,
been in possession of a tract of land not
claimed by any other person, and not ex
ceeding two thousand acres, and who were
on that day resident in the territory of Or
leans or Louisiana, and had still possession
of such tract of land, shall be confirmed
in their titles to such tract of land : Pro
vided, That no claim to a lead mine, or
salt spring, shall he confirmed merely by
virtue of this section : And provided also,
That no more land shall be granted by vir
tue of this section, than is actually claimed
bv tlic party, nor more than is contained
within the acknowledged and ascertained
boundaries of t!ic tract claimed.
Sec. 3. And be it further enacted, That
the claim of the corporation of the city of
New-Orleans, to the commons adjacent to
the said city, and within six hundred yards
Pthe s-tme are hereby recognised and con
firmed : Provided. That the said corpo
ration sh.dl w'thinsix months a'tcr passing
this act. relinquish and release any claim
they may h ve to such commons beyond,
the distance of six hundred yards aforesaid:
Provided u/xo, Th t the corporation slin.ll
reserve for the purpose, and convey gra
tuitously for the public benefit to the com
pany authorised by the legislature of the
territory of Orleans, as much of the said
commons as shall be necessary to continue
■; the canal of Carondelet from the present
basin to the Mississippi, and shall not dis
pose of, for the purpose of building there
on, any lot within sixty feet of the space
reserved for a canal which shall forever
remain open as a public highway: And
provided alto, That nothing herein con
tained, shall be construed to affect or im
pair the rights of any individual or indivi
1 duals to the said commons, which are de
rived from any grant of the French or Spa
nish government.
j1 See. -t. And be it further enacted. That
the commissioners appointed or to be ap
1 pointed for the purpose of ascertaining the
rights of persons claiming land in the ter
ritories of Orleans and Louisiana, shall
have full power to decide according to the
laws and established usages an customs
'i of the French and Spanish governments,
. upon all claims to lands within their res
pective districts, where the claim is made
by any person or persons, or the legal re
presentative of any person or persons, who
were on the twentieth of December, one
thousand eight hundred and three, inhabi
tants of Louisiana, and for a tract not tx
* ceeding the quantity of acres contained in
a ’nague square and which does not include
either a lead mine or salt spring, which de
ration of the commissioners when in favor
of the claimant shall he final, against the
United Stages, any act of congress to the
contrary notwithstanding.
Sec. 5. And be it further enacted, That
the time fixed by the act above-mentioned,
and by the acts supplementary to the same,
for delivering to the proper register or re
corder, notices in writing and the written
evidences of claims to land, he, and the
same is hereby extended, for the territo*
day of July, one thousand eight hundred and
eight, and persons delivering such notice?
and evidences shall be entitled to the same
benefit as if the same had been delivered
within the time limited by the former acts j
but the rights of such persons as shall neg.
lect so doing within the time limited bv
this act, shall, so far as they are derived
from or founded on any act of congress
ever after be barred and become void, and
the evidences of their claims never aftei
admitted as evidence in any court of la\i
or equity whatever.
Sec. 6. yfml be it further enacted, Thai
the commissioners appointed or to be ap
pointed for the purpose of ascertaining the
rights of persons claiming lands in the ter
ritories of Orleans and Louisiana, shal
respectively transmit to the secretary o
the treasury and to the surveyor general
or officer acting as surveyor general,
transcripts of the final decisions made it
favor of claimants by virtue of this act
and they shall deliver to the party a certi
ficate stating the circumstances of the case
and that he is entitled to a patent for tin
tract of land therein designated, whicl
certificate shall he filed with the proper re
gister or recorder, within twelve month
after date. And the register or rccor
fler shall thereupon (a plat of the tract n
bind therein designated, being previous!;
filed with him or transmitted to him by thi
officer acting as survey or-general in tin
manner hei
tificate in favor of the party, which certi
ficate being transmitted to the secretary r
the treasury, shall entitle the party to a pa
tent to be issued in like manner, as is pro
vuled by law for the issuing of patents fo
public lands lying in other territories of tli
United States.
Sec. 7. .ind be it further enacted, Tha
the tracts of land thus granted by the com
missioners shall be surveyed at the rxpens
' of the parties, under the direction of th
surveyor general, or officer acting as stir
' i eyor general, in all cases where an at
themicnleil plat of the land as surveyed
under the authority of the mTicer acting as
surveyor general under the French, Spanish
or American governments respectively, du
ring the time cither of the said governments
had the actual possession of the said ter
ritories of Orleans and Louisiana, shall
not have been filed with the proper regis
ter or recorder, or shall not appear of re
cord on the public records of the said ter
ritories of Orleans and Louisiana. The
said commissioners shall also be authorised
whenever they may think it necessary to
direct the surveyor general, or officer act
ing as such, to cause any tract of land al
ready duly surveyed to be resurveyed at
the expense of the United States. And
the surveyor general, or officer acting as
such, shall transmit general and particular
plats of the tracts of land thus surveyed to
the proper register or recorder, and shall
also transmit copies of the said plats to the
Secretary of the Treasury.
Sec 8 And be it furtbet enacted, That the
commissioners aforesaid shall respectively re*
part to the secretary of the treasury their opi,
nion on all the cla'ms to land within their res
nective district*, which they shall not have final*
lv confirmed hv the fourth section of this act.
The claims shall in the said report or reports
b“ arranged into three general claves, tint is to
sav: first, claims which in the opinions of the
commissioners ought to lie confirmed in confor
mity with the prov'si'ns of 'lie several arts of
Cong ess, for ascertaining and adjusting the ti
tles and claims to land within »he territories of
Orleans and I,mi iam ; secondly, claims which
thouzh not embraced by the provi-ions of he
said acts, ought nevertheless in the opinion of
the commissioners to he confi. T.ed in conrormi
tv with the laws usages, and customs of the
Sp imsh government; thirdly, claims which
neither are embraced lie the provisi ns of the
sai l vets, norough* in the opioiv.on of he com
missioners to he confirmed in c nformity wrh
the hws, usages, and customs of the Spanish
govern m-nt; and 'he said -enor* and reports be
ing in oilier respects made in conformity with
the firms prescribed according to law, by the se*
ui ij.i luidiur/ snail ij> nnn u»* 'aui rr'
fore Congress for »h« i fma! determination there
on in- the manner and at the time heretofore
prey fibril by lav- for tha* pn>po e.
<>>c 9. Amt be it frtber enacted. That the
following allowances and compensations, shall
he made to the several o'Rcers herrinaf-or men
tioned. that is to sav, to the principal denuty
of the "urveyor general, for the district i.t !»• u.
isia-ia.a tbera'enf rive hundred dollars a ve.tr,
f<nm *he lime he entered into the duties of his
olTi<~c, jo addition to the fee* which he is enti
tled in rrc-dve by law. To the register of *he
western distiict of the Orleans terr’torv, and to
the c:erk of the hoard of commissioners for that
district one thousand dollars each, ter their ser
vice as commissioners and clerk resp-cttvely,
during *he vear one thousand eight hundred and
six. To each of the deputv rcvisier* of the ter
ritory of Orleans, five bundled dollars in full,
for their services suS-ro.ient to the first day H
January 'ast, in addition to the fee" to wh*ch
the* are legally entitled To each of the com
missioners a ihr e -f tw-i th-m-ci-in d- r-irs a
year ; to each of -hee'erks of rheb ,artls, and tc
each of the agent" employed by the secretary
or he treasury, at -he »ate of fifte-n hundred
dollars a year, and toearh of the translators, ai
the rate f s'x hundred <lol ars a year to conv
mence from the first day of july next,in the dis
trict of Louisiana, and from the first day of Ja
mtary next, in the terr"ory of O leans, and ti
continue to the time when each board shall hi
respectively dissolved i Provided, That no mors
than eighteen mon hs compensation he th-ts al
lowed to the said commission-rs, clerks ant
translators, an«i that the compensation of any
such officer absenting himself from his dintric
or failing to attend to the ditties of his oihee
shall cease during such 'h«rnce or failure,
N \TIIl. MACON,
Speaker of the House of Representatives
R. SMITH,
President of the Senate, pro tempore.
March 3, IhOf.
Approved,
TH: JEFFERSON.
AN ACT
In addition to an act entitled •* An act in add!
tion to an act enrit'ed »• An act supplemei
ta»y to the act providing fora naval peace ci
labbshtrrnt; atui for other purpose*.”
HE it enacted by the Senate and If'•use of Rt
p e ten'at i vet of tie Unite l St ate t of America, t
Ctmg'est at tuSif.d, Th t» the President of the I.
ni rd States he, and he is hereby authorised, i
addition to the prrrten' nava‘ ptare e-uablishirm
to employ a number of able seamen ordinary se«
men and boys, not exceeding five hundred, shou!
the exigency of tiic public service require .li
, Lame.
WATHt.. MACON,
Speaker of the Hruse of ReO’esmtativet.
S SMITH.
President of the Smote f>» unipvrc.
March 3, 1 h07.
At'Puovao,
TH*. JEFFERSON.
AN ACT
Making appropriations for carrying into efTci
certain treaties with the Cherokee and Piar
keshaw tribes of 'ndians.
BE it enacted fry the Senate and House of R
prerent wives of the Unit id States of America, i
1 Congress assembled. That for carrying into eiTe
a convention between the United States and ti
1 Cherokee nation of Indians, the following sum
i to be paid out of any monies in the Treautr
’ not otherwise appropriated be, and the san
* hereby are appropriated 5 that is to say —
5 the said Cherokee nation, two thousand dollar
1 and the further annual sum of two thousand do
- lars for four years successively ; and to the Chi
1 rokre chief, called the Black Fox, th« annn
. *u n of one hundred dollars, during his natur
f life.
r See. 3. And be it further enacted, That for ca
, eying into effeA a treaty between the Uniti
State* and the Piankeshaw tribe of Indians, co
eluded at Viucenn<M, on the thirtieth day of Id
cembfr, one thousand eight hundred and fiv
* there shall be, and hereby are appropriate
* in addition to appropriation* for carrying in
" efleA formet treaties, a sum of one thousand d<
* lass, and a further annual sun of three hundr
r dollars, to he paid out of any monies in |1
e Treasury, not otherwise appropriated,
NATH.l MACON,
t Speaker of the House of Rrprrttenfali\ t
S. SMITH,
e President of the Senate pro tempore.
e Marcli 3, 1807.
- AppRyviD,
TH; JEFFERSON,
AN ACT
Authorising ihe diicharge of Gi'bcrt Drake frort
his imprisonment.
BE it enacteil by the Senate a ,d House af Re
preventative? of tbe United Sta rt of America i)
Cohere s assembled That the marshal of me dis
triA of New York, bo authorised and dircArd t<
discharge Gilbert Drake, late collector of thedl
reA tax, in said distriA, from his imprisonment
upon a warrant of distress issued against him
by th«* supervisor of said district: Provided, Thai
h- lake before any judge > f 1 United States;
or any judge of thr supreme court of the state ol
New Yoik or court ofconim n pleasol the
county in which he is imprisoned, so much of
an oath imposed upon persons imprisoned for
debt, by the sreond seAion of tbe aA, intituled
“ An aA for the relief of persons inpnsoned
for debt ” as relates to hij not ha. :ng transferred
hia property with intent to defraud the United
States: And provided. That be shall assign, and
Cinvey all the estate real and.per- onal, which he
may own or be ent tied to, to some person for
the use and benefit of die United States, under
the direAion of the Secretary of the Treasury :
Provided also. That any estate, real or personal
w hich ine said Gillieri Drake may hereafter ac
quire, shall be liable to be taken and sold in tbe
same manner as if he had never been imprisoned
and discharged, as aforesaid*
NATH l. MACON,
Speaker of tbe House of Representatives.
S SMITH,
P- evident of tbe Senate pro teinpore.
March 3, 1807.—Approven.
Til: JE1FEKSON.
AN ACT
Establishing circuirt cour s, anti a
bridging the jurisdiction of tbe dis
trict courts of the districts of Ken
tucky, Tennesse anrl Oh o.
I5E it enacted by the t. mate and
House of Representatives of the U
nited States of America in Congress
Assembled, 1 bat so mu ih of any
act or acts of Congress, as vests in
tbe district courts of the United
States, in the districts of Kentucky,
tr « i._1 acr *r*_ , ••
the powers, authority, and jurisdicti
on ol the cicuit courts of the United
States, shall be, and the same is here
by repealed.
Sci:. 2. And be it further enacted,
Tnut lor the purpose ol holding there
in the circuit courts to be established
bv this act; the state of Kentucky,
shall constitute one district, the state
ol Tennessee one district, and the
state of Ohio one district, and the said
districts of Kentucky, "Tennessee, and
Ohio, shall constitute and he denomi
nated the seventh circuit. And there
shall he holden annually inxtach dis
i. h t id ihe said circuit^ two courts to
be called circuit courts, and to con
sist of one justice of the supreme
court of the United States, and the
judge of tlie district where such court
shall be holden. And the sessions
of the said courts, in the district ol
Kentucky, shall be held at Fr vrkfort,
and commence on the first Monday
in May and November, annually ; in
the district of Tennessee, at Knox
viile, and Nashville, alternately, to
’ commence on the first Monday in
June, and third Monday in October,
. annually, beginning at Nashville ; and
in the district of Ohio, at Chillicothe,
to commence on the first Monday ir
January, and September, annually
And the circuit court of Tennessee
shall designate at which of the twe
places where the said court is herein
directed to be bidden, the office o
clerk, thereof shall be kept.
Sec. 3. BE it further enacted
* That all the authority, powers and ju
" risdiction, vested in the several cir
n cuit courts of the United States, o
t, the judges thereof, or either of them
* shall be, and hereby are vested in, am
e may be exercised by the several cir
cuit courts of the seventh circuit, am
the judges thereof: And that nil ac
tions, causes, pleas, process, anil o
t!u-r proceedings, relative to an1
cause, civil or ciriminal, which shal
be returnable to, or depending in th
several district courts of Kentucky
Tennessee, and Ohio, acting as cir
cuit courts, on the first day of Ma'
i. next, shall be and hereby are declared
tc» be respectively transferred, return
'* able, and continue !, to the severa
H circuit courts constituted bv this act
e at the time herein appointed for th
session of each of the said courts
g and shall be heard tried, and deter
o mined therein, in the same manner
■*. and with the si ne effect, as if n
]w change had been made hereby in th
,1 courts of the sai l district. And th
il said circuit courts of the seventh cir
cuit, shall he governed by the sail
laws and regulations as apply to th
!». other circuit courts of the Unite
e- States, and shall appoint clerks for th
said courts, respectively, who sha
^ reside, and keep the records of th
>1 said courts, at the places of holdin
"l the courts whereto they shall respei
lively belong, except as herein befoi
provided, and shall perform the sam
*. duties, and be entitled to, and rcccii
the same emoluments and fees, re
pectivelv, which are bylaw establisl
ed for the clerks of the other circu
courts of the United States.
See. 4. And be it further enacted,
1 T hat the state of Tennessee shall be
, divided into two districts, for the
i purpose ot holding district courts in
■ the same, one to consist of that part
’ thereof, which by the laws of the said
state, now forms the district of Wash
ington and Hamilton, which shall be
called the district of East Tennessee ;
• and one other to consist of all that
part of the state of Tennessee, which
bv the laws of the said state now
forms the districts of Winchester,
Mero and Robertson, which shall be
called the district of West Tennes
see ; and all the authority, powers and
jurisdiction, vested in the several dis
trict courts of the United States, and
the judges thereof, in those districts
in which circuit courts are now held,
shall be retained, and may be exer
cised by the several district courts of
Kentucky, East and West Tennessee,
and Ohio, anil the several judg'-s
thereof. And the sessions of the said
district courts shall after the first ilav
of May next, be as follows : in Ken
tucky, at Frankfort, two sessions, to
commence on the first Mondays in
June and December, annually ; in
East Tennessee, at Knoxville, two
sessions ; to commence on the third
Monday in April, and second Monday
in October, annually ; and at Nash
ville, two sessions, to commence on
the lourth Mondays in May anil No
vember, annually ; and in Ohio, at
Chillicothe, three sessions, to com
mence on the first Mondays in Fe
bruary, June, and October, annually,
and all actions, causes, pleas, process,
and other proceedings, relative to a
ny cause, civil or criminal, which
shall have been issued, and shall he
returnable to, or depending in the
said several district courts of the U
nited States acting as district courts,
on the said first day of May next,
shall be returned and held continued
to the said several district courts, res
pectively, at the times hereinbefore
appointed for holding the same.
Sec. 5. lie it further enacted, That
the supreme court of the United
States, shall hereafter consist of a
chief justice, and six associate justic
es, any law to (the) contrary notwith
standing. And for thin purpose there
shall be appointed a sixth associate jus
tice to reside in the 7th circuit, whose
duty it shall be, until he is othererwise
allotted, to attend the circuit courts of
the said seventh circuit, and the su
preme court of the United States, and
who shall take the same oath, and be
entitled to the same salary, as are re
quired of, and provided for the other
associate justices of the United
States.
NATTTl. MACON,
S/leaker of the House of Nc/ircsentativcs.
GEO: CLINTON,
Vice President of the United States and
President of the Senate.
1 February 24) 1807.—Approved,
1 TH: JEFFERSON.
| _ AN ACT
, Making prevision for the disposal of
r the public lands, situated between
[ the United States military trait
and the Connecticut rescive, and
for other purposes.
. BE it enacted by the Senate and
T'Tritlti#* nf 1 ? utwuDi.nfaliiraa # .i T T .
r nitcd States of America in Congress
Assembled, That for the disposal ol
1 the lands of the United States, situ at*
. ed between the United States milita
1 ry tract and the Connecticut reserve.
. a land office shall be established
. which shall be kept at such place a.c
r the president of the United States
1 may direct : and that for the dispn*
; sal of the lands of the United States
lying on the Ohio river, between the
. Cincinnati and Vincennes districts, s
i land office shall be established at Jef*
| fersonville : and for each of the said
. offices a register and receiver of pub
1 lie monies shall be appointed, w he
shall give security in the same man
. ner, in the same sums, and who e com
pensation, emoluments, duties and an
. thority, shall, in every respect, lie th<
same, in relation to the lands whiel
t ' #
5 shall be disposed of at their offices, a
. are or may be provided by law, in re
» lation to the registers and receivers o
. public monies in the several office
1 established for the disposal of th
e lands of the United States, north o
I the river Ohio, and above the moutl
e of Kentucky river.
II Sec. 2. And be it furthe r enacted
e That all the lands of the Unite*
rr States, in the said districts, shal
with the exception of the sectio
e number sixteen, and with exceptio
e also of thirteen sections, includin
e the lower town of the Delaware tril:
j. of Indians, and their improvement
3. which said thirteen sections shall 1
it designated by the Secretary of tl
Treasury, shall be reserved f<
the use of ihe said tribeandthcirdesiin*
dants, so long as they continue to re
side thereon, and cultivate the same,
be offered lor sale to the highest bid
der, under the direction ol the regis,
ter of the land ofLce, and ol the re
ceiver of public monies, at the places,
respectively, where the land cili
ces are kept, and on such daj or days
as shall, b\ proclamation of the Pre
sident of the United States, be desig
nated forthat purpose : the sales shall
remain open at each place lor six
weeks, and no longer ; the lands shall
not be sold lot less than two dollars
an acre, and shall in every other res
pect, be sold in tracts of the same
size & on the same terms & conditions
as have been, or may be by law provi
ded for lands sold north of the river
Ohio, and above the mouth of the
Kentucky river. All the lands of the
United States, in the said districts,
with the exceptions above mentioned,
remaining unsold at the close of the
public sales, may be disposed of at
private sale, by the register of the
respective land cll.cts, in the same
manner, under the same regulations,
lor the same price, and on the same
terms ar.d conditions, as are or may
be provided, by law, for the sale of
the lands ol the Ui ited States north
of the river Ohio, and above the
mouth of die Kentucky river. Anil
pafents shall be obtained for all lands
sold in said districts, in the sam<»
manner and- on the same terms a3
are provided by law, for other public
lands sold in the state of Ohio and
the Indiana territory.
Sec. 3. And he it further enacted*
That the several superintendants of
public sales, directed by this act, shall
receive six dollars a day for each
day’s attendance onjthe said sales.
Sec. 4. And be it furtht r "nacted,
That the president of the United
States, in the recess of Congress, shall
have full power to appoint and com
mission the registers and receivers of
public monies of the land offices es
tablished by this act, and their com
missions shall continue in lorce until
the end of the stssion of Congress
next ensuing such appointment.
Sec. 5. And be it farther enacted,
'I hat the several lead m'nes in the n»
diana teiritory, together with as ma
ny sections contiguous to tath as
shall be deemed necessary by the
President of the United States,
shall be reserved for the future
disposal of the United Slates ; and
any grant which shall her* alter be
made tor a tract of land containing %
lead mine, which had been discovered
previous to the purchase of such tract
lrom the United States, shall be con
sidered fraudulent and null : And
the President of the United States
shall be, and is hereby authorised to
lease any lead mine, whir h has been
or may hereafter he discovered in the
Indiana territory, for a term not ex
ceeding five years.
Sec. 6. And be it further enacted,
That George Ash shall have tht light
of pre-emption to six hundred and
forty acres of land including his im
nn llio rir*r Hlvi/s
the former Indian boundary line,
the boundaries of the tract shall be
designated by the register of the land
. office, & the said land shall b granted
to him at the same price, and on pay
ment being made in the same man
ner as for other public lands at pri
vate sale, the respective instalments
of the purchase money shall become
due at the same time with the pay.
ments of the first public lands sold in
that district.
NATIIl. MACON,
Speaker of (he ll^uxc of Pefimcntativc*.
S. SMITH.
President of the Senatepro-tcmporc.
March 3,1807.—Approvkd,
TH: JEFFERSON.
* AN ACT
. Confirming claims to land in the dis.
. trict of Vincennes : and for other
. purposes.
: HE it enacted by the Senate and
i House of Representatives of the U
i nited States of America, in Congress
. assembled, That all the decisions
f made by the commissioners appointed
* for the purpose of examining the
; claims of persons claiming lands in
f the district of Vincennes in favor of
i such claimants, as entered in the
transcripts of decisions which lave
t been transmitt d bj the said con mia
j sioncrs,tothe Secretary of tl e r asu
I, ry, according to 1 w, he and the same
n are hereby confirmed.
n Sec. 2. And he it fur-her enacted,
g That the confirmations or grants of
e land, made in the said district of Vin
9 cennes, by the governors of the north
,e west and Indiana te rritories, prior
,e to the establishment of the board of
,r commissioners aforesaid, and in con
formity with the act, entitled *• A*