of Indian affaire ers, and be subject to all the duties of governors of territories, when exer at St. Louis. cising the office of superintendents of Indian affairs, and shall exercise a general supervision of the official conduct and accounts. of Indian agents within his superintendency. 10,000 dollars appropriated for a military es cort. Sec. 6. And be it further enacted, That the sum of ten thousand dol lars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, to enable the President of the United States to furnish a competent military escort to the commissioners authorized to be appointed by this act, if, in his opinion, the same shall be necessary. APPROVED, May 25, 1824. STATUTE I. May 26, 1824. [Obsolete.] Further ap propriations for the military ser vice. 1802, ch. 13. CHAP. CXLIX. An Act making further appropriations for the military service of the United States, for the year one thousand eight hundred and twenty-four, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to wit: For pay of a superintendent of Indian affairs at St. Louis, and the several Indian agents, as allowed by law, twenty-six thousand five hundred dollars: For pay of the sub-agents, as allowed by law, thirteen thousand one hundred dollars: For presents to Indians, as authorized by act of one thousand eight hundred and two, ten thousand dollars: For contingent expenses, ninety-five thousand dollars: For making the surveys, compensation to the commissioners, and other March 3, 1823, incidental expenses, under the act "for establishing a national armory on the western waters," in addition to the sum heretofore appropriated by the said act, four thousand one hundred and thirty-five dollars: ch. 71. Compensation to two clerks in the second auditor's office. 1818, ch. 87. 20,525 dollars and 70 cents ap- To be paid sury. Proviso. For the quartermaster's department, fuel, stationery, and contingencies of the military academy, eleven thousand five hundred dollars: For the salaries of two clerks in the second auditor's office, as authorized by the act of the twentieth April, one thousand eight hundred and eighteen, and not included in the letter of the Secretary of the Treasury, of the ninth of January, transmitting the annual estimates of appropriations for the present year, two thousand eight hundred dollars: SEC. 2. And be it further enacted, That the sum of twenty thousand five hundred and twenty-five dollars and seventy cents, in addition to the unexpended balance of the appropriation of the act of the seventh of May, one thousand eight hundred and twenty-two, of twenty-nine thousand four hundred and twenty-four dollars and thirty cents, be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to enable the President of the United States to take the necessary measures for the extinguishment of the title of the Creek Indians to the land now occupied by them, lying within the limits of the state of Georgia. SEC. 3. And be it further enacted, That the several sums hereby apout of the trea-propriated, shall be paid out of any money in the treasury not otherwise appropriated: Provided, however, That no money, appropriated by this act, shall be paid to any person for his compensation, who is in arrears to the United States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, further, That nothing in this section contained shall extend to balances arising solely from the depreciation of treasury notes, received by such person to be expended in the public service; but in all cases where the pay or salary of any person is withheld, in pursuance with this act, it shall be the Proviso. duty of the accounting officer, if demanded by the party, his agent, or attorney, to report, forthwith, to the agent of the Treasury Department, the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent and his sureties. APPROVED, May 26, 1824. STATUTE I. CHAP. CL.—An Act appropriating a sum of money to Benjamin Huffman, of May 26, 1824. the state of Indiana. 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 be, and he is hereby, authorized and directed to pay to Benjamin Huffman the sum of five hundred dollars, to enable him to regain his son, Peter Hoffman [Huffman] who was taken a captive by hostile Indians during the late war: Provided, That the said Benjamin Huffman shall previously give bond with sufficient security, to be approved of by the Secretary of the Treasury, conditioned upon the said Huffman's rendering to the proper accounting officers of the Treasury Department, correct accounts of his expenditure of the whole or any part of the said sum of money for the sole purpose of regaining the possession of his son aforesaid; and that the said Huffman shall pay any balance that may remain in his hands after the expenditure provided for as aforesaid, into the treasury of the United States. SEC. 2. And be it further enacted, That the aforesaid sum shall be paid out of any money in the treasury not otherwise appropriated. APPROVED, May 26, 1824. 500 dollars to be paid Benja min Huffman. Proviso. To be paid out of the treasury. STATUTE I. CHAP. CLI.—An Act making appropriations to carry into effect certain Indian May 26, 1824. treaties. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, that is to say: For carrying into effect so much of the fourth article of the treaty of the eighth January, eighteen hundred and twenty-one, between the United States and the Creek nation, as relates to the compensation due to the citizens of Georgia, by the Creek nation, the appropriation heretofore made for that object being exhausted, the sum of twenty-three thousand dollars. For the payment of the annuity to the Creek nation, as provided for by the same article of said treaty, the sum of sixteen thousand dollars annually, for five years, and the sum of ten thousand dollars, annually, for six years thereafter. For implements of husbandry and stock of cattle and hogs, agreeably to the stipulation contained in the third article of the treaty with the Florida Indians, of the eighteenth September, eighteen hundred and twenty-three, the sum of six thousand dollars. For the payment of the annuity to the Florida Indians, as provided for by the third article of said treaty, the sum of five thousand dollars, annually, for twenty years. For the expense of rations to be furnished to said Indians, agreeably to the fifth article of said treaty, the sum of sixty-five thousand seven hundred dollars. For compensation for improvements that may be abandoned by said D Specific apcarrying into ef propriations for fect certain In dian treaties. To be paid out of the trea sury. Indians, as provided for by the fifth article of said treaty, the sum of four thousand five hundred dollars. For transportation of the different tribes to the land assigned them by the said treaty, as provided for by the fifth article of the same, the sum of two thousand dollars. For the establishment of a school, and the support of a gunsmith for said Indians, as provided for by the sixth article of said treaty, the sum of two thousand dollars, annually, for twenty years. For running the line of the land assigned to said Indians, as provided for [in] the seventh article of said treaty, the sum of five thousand dollars. SEC. 2. And be it further enacted, That the said sums be, and they are hereby, directed to be paid out of any moneys in the treasury not otherwise appropriated. APPROVED, May 26, 1824. STATUTE I. May 26, 1824. Act of March 3, 1819, ch. 89. Any vessel licensed for the cod fishery, which may be wrecked, upon satisfactory proof shall be allowed the same as if no accident had happened. The first section of this act to be extended to vessels, which, having CHAP. CLII.-An Act to allow the bounty to vessels employed in the cod fisheries, in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any vessel which shall be licensed according to law, for the cod fishery, and which shall have completed her fishing term, according to the provisions of law, and thereby become entitled to the allowance of bounty, shall in returning to any port within the United States, be wrecked or lost, the owner or owners, and crew of such vessel, shall, on satisfactory proof being made to the comptroller of the treasury, of the wreck, or loss of such vessel, be entitled to the same bounty as would have been allowed, had such vessel returned to port. SEC. 2. And be it further enacted, That any vessel which shall have completed her fishing term, subsequent to the act, entitled "An act in addition to, and alteration of, an act, entitled 'An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowance to completed their certain vessels, employed in the fisheries,'" passed the third of March, one thousand eight hundred and nineteen, and which shall, in returning to any port in the United States, have been wrecked or lost, the owner or owners, and crew of such fishing vessel, shall have extended to them the provisions of the first section of this act. APPROVED, May 26, 1824. fishing terms, were wrecked subsequent to the act of March 3, 1819, ch. 89. STATUTE I. May 26, 1824. [Obsolete.] 20,000 dollars appropriated for deepening the channel leading into the harbour of Presque isle; and 20,000 to repair Plymouth beach, Massachusetts. CHAP. CLIII.-An Act making appropriations for deepening the channel leading into the harbour of Presque Isle, and for repairing Plymouth Beach. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums of money be, and the same are hereby, appropriated, out of any moneys in the treasury not otherwise appropriated, and placed at the disposition of the President of the United States, for the purpose of accomplishing the objects hereinafter mentioned, to wit: the sum of twenty thousand dollars, for making or deepening the channel, leading into the harbour of Presque Isle, in the state of Pennsylvania; and the sum of twenty thousand dollars, to repair Plymouth Beach, in the state of Massachusetts, and thereby prevent the harbour, at that place, from being destroyed. APPROVED, May 26, 1824. CHAP. CLIV.-An Act concerning pre-emption rights in the territory of 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, who was entitled to the right of preemption, in the territory of Arkansas, under the provisions of the act of Congress of the 12th of April, one thousand eight hundred and fourteen, entitled "An act for the final adjustment of land titles in the state of Louisiana and territory of Missouri," in that tract of country north of the river Arkansas, ceded by the United States to the Cherokee nation of Indians, on the eighth day of July, one thousand eight hundred and seventeen, be, and they are hereby, authorized, in lieu thereof, and in full compensation for such right of pre-emption, to enter with the register of the land office in the district of Lawrence, in said territory, any tract within said district, on which they may have made improve ments previously to the passing of this act, or any unimproved tract within said district, the sale of which is authorized by law: Provided, That no more than one quarter section of land shall be sold to any one individual, in virtue of this act; and the same shall be bounded by the sec (a) Acts which have been passed relating to public lands in Arkansas: An act for the final adjustment of land titles in the state of Louisiana, and territory of Missouri, April 12, 1814, ch. 52. An act to authorize the President of the United States to appoint a receiver of the public money and register of the land office for the district of Lawrence county in the Arkansas territory, March 17, 1820, ch. 24. An act concerning pre-emption rights in the territory of Arkansas, May 26, 1824, ch. 154. An act enabling the claimants to land within the limits of the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their titles, May 26, 1824, ch. 173. An act to continue in force for a limited time, and to amend an act entitled "An act to enable claimants to land within the limits of the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their titles, May 24, 1828, ch. 90. An act restricting the location of certain land claims in the territory of Arkansas, and for other purposes, Jan. 6, 1829, ch. 2. An act to preserve from injury and waste the school lands in the territory of Arkansas, Jan. 6, 1829, ch. 3. An act to extend the time for locating certain donations in Arkansas, expired Jan. 13, 1830, ch. 3. An act further to extend the powers of the judges of the superior court of the territory of Arkansas, under the act of the 26 May, 1824, and for other purposes, May 8, 1830, ch. 90. An act to authorize the selection of certain school lands in the territory of Arkansas, May 29, 1830, ch. 180. An act to provide for surveying certain lands in the territory of Arkansas, May 29, 1830, ch. 182. An act to extend the time for entering certain donation claims to land in the territory of Arkansas, Jan. 27, 1831, ch. 11. An act further to extend the time for entering certain donation claims to land in the territory of Arkansas, Feb. 20, 1833, ch. 43. An act providing for the postponement of the trial of certain cases now pending in the superior court of Arkansas territory, and for withholding from sale or entry, certain lands in said territory, April 20, 1832, ch. 72. An act to confirm certain claims to land in the territory of Arkansas, June, 25, 1832, ch. 148. An act to settle the titles to certain tracts of land in the state of Arkansas, Aug. 4, 1842, ch. 128. An act to perfect the titles to lands south of the Arkansas river, held under New Madrid locations, and pre-emption rights under the act of one thousand eight hundred and fourteen, March 1, 1843, ch. 50. Decisions of the Supreme Court, on land titles in Arkansas. Under the provision of the act of Congress, passed on the 26th of May, 1824, proceedings were instituted in the superior court of the territory of Arkansas, by which a confirmation was claimed of a grant of land alleged to have been made to the petitioner, Sampeyreac, by the Spanish government, prior to the cession of Louisiana to the United States by the treaty of April 3d, 1803. This claim was opposed by the district attorney of the United States; and the court after hearing evidence, decreed that the petitioner recover the land from the United States. Afterwards, the district attorney of the United States, proceeding on the authority of the act of May 8th, 1830, filed a bill of review, founded on the allegation, that the original decree was obtained by fraud and surprise, that the documents produced in support of the claim of Sampeyreac were forged, and that the witnesses who had been examined to sustain the same were perjured. At a subsequent term Stewart was allowed to become a defendant to the bill of review, and filed an answer, in which the fraud and forgery are denied, and in which he asserts, that if the same were committed, he is ignorant thereof; and asserts that he is bona fide purchaser of the land for a valuable consideration, from one John J. Bowie, who conveyed to him the claim of Sampeyreac by deed, dated about the 22d October, 1828. On a final hearing, the court, being satisfied of the forgery, perjury, and fraud, reversed the original decree. Held, that these proceedings were legal, and were authorized by the act of the 8th of May, 1830. Sampeyreac v. The United States, 7 Peters, 222. STATUTE I. May 26, 1824. Course of the western boundary line of the kansas. tional and divisional lines run, or to be run, under the direction of the surveyor of the United States' lands for the states of Missouri and Illinois, and territory of Arkansas. SEC. 2. And be it further enacted, That every person claiming a preference in becoming the purchaser of a tract of land, in virtue of this act, shall deliver a notice in writing to the register of the land office for said district, stating therein that he was entitled to a pre-emption right, under the aforesaid act of Congress, in that part of the territory of Arkansas ceded as aforesaid, and also particularly designating therein the quarter section he is desirous to enter, which notice the register shall file in his office; and, in every case where it shall be proved, to the satisfaction of the register and receiver of public moneys of the land office aforesaid, that any person who has delivered such notice was entitled to a pre-emption right under said act of Congress, in that part of the territory of Arkansas ceded as aforesaid, shall have a right to enter with the register of said land office, at the minimum price for which United States' lands are sold, the tract of land designated in said notice, on producing his receipt from the receiver of public moneys for the purchase money of said tract, as in case of other public lands sold at private sale; and, as a compensation for their services, the register and receiver shall, each, be entitled to one dollar in every such case, to be paid by the claimant of such pre-emption right: Provided, That every such entry and payment shall be made at least two weeks previous to the time of offering the adjacent lands at public sale, unless the same be entered in such part of said district as shall have been offered at public sale at the time of the passage of this act; in which case, such entry shall be made within two years from the passage thereof. APPROVED, May 26, 1824. CHAP. CLV.-An Act to fix the western boundary line of the territory of Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the western boundary territory of Ar- line of the territory of Arkansas shall begin at a point forty miles west of the south-west corner of the state of Missouri, and run south to the right bank of the Red River, and thence, down the river, and with the Mexican boundary, to the line of the state of Louisiana, any law heretofore made, to the contrary notwithstanding. 2,000 dollars appropriated. The unex pended appropriation of 65, 000 dollars, of March 3, 1821, ch. 35, to be ex pended agreea bly to said act. 10,000 dollars appropriated. SEC. 2. And be it further enacted, That the sum of two thousand dollars, to defray the expense of running and marking said boundary line, to be expended under the directions of the President of the United States, be, and the same hereby is, appropriated, to be paid out of any money in the treasury not otherwise appropriated. SEC. 3. And be it further enacted, That so much of the appropriation of sixty-five thousand dollars, made by the act of the 3d of March, eighteen hundred and twenty-one, for carrying into effect the treaty of the eighteenth of October, eighteen hundred and twenty, with the Chactaw [Choctaw] Indians, as remains unexpended, shall, under the direction of the President of the United States, be employed for the purposes mentioned in the said act of 3d of March, eighteen hundred and twentyone, any law to the contrary notwithstanding. SEC. 4. And be it further enacted, That the sum of ten thousand dollars to be paid out of any money in the treasury not otherwise appropriated, be, and the same is hereby, appropriated, to defray the expenses of treat (a) See notes to act of March 2, 1819, ch. 49. |