as post-roads, subject to the provisions contained in the several acts regu- Statute II. March 3, 1823. [Expired.] 1817, ch. 63. Compensation to reporter of Supreme Court decisions. Proviso. Distribution of reports. Copies, in case ofdecease, to bo delivered to successors in office. Act to continue three years. Statute II. March 3, 1823. Chap. XXXIV.—An Act to continue in force the act, entitled "Jin act to provide for reports of decisions of the Supreme Court," pasted the third day of March, one thousand eight hundred and sevtnteen.{a) Be it enacted by the, Senate, and House of Representatives of the United States of America, in Congress assembled, That the reporter who shall, from time to time, be appointed by the Supreme Court of the United States, to report its decisions, shall be entitled to receive, from the treasury of the United States, as an annual compensation for his services, the sum of one thousand dollars; Provided, nevertheless, The said compensation shall not be paid unless the said reporter shall print and publish, or cause to be printed and published, the decisions of said court, made during the time he shall act as such reporter, within nine months after such decisions shall be made; and shall deliver eighty copies of the decisions, so printed and published, to the Secretary of State, without any expense to the United States; which copies shall be distributed as follows, to wit: to the President of the United States, the judges oUhc Supreme Court, the judges of the district courts, the Attorney Ge^fcal of the United States, the Secretaries of State, Treasury, War, and Navy, the comptrollers of the treasury, and the judges of the several territories of the United States, one copy each; five copies for the use of each House of Congress; and the residue of the copies shall be deposited in the library of Congress. Sec. 2. And be it further enacted, That in case of the death, resignation,ordismission from office, of either of the officers before mentioned, the said copies of the decisions, delivered to them as aforesaid, shall belong to, and be delivered over to, their successors in said offices. Sec. 3. And be it further enacted, That this act shall be, and continue, in force for three years, and no longer. Approved, March 3, 1823. Chap. XXXV.—An Act to carry into effect the ninth article of the treaty concluded between the United States and Spain, the twenty-second day of February, one thousand eight hundred and nineteen, (o) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the judges of the superior courts established at St. Augustine and Pensacola, in the territory of Florida, respectively, shall be, and they are hereby, authorized and directed to receive and adjust all claims, arising within their respective jurisdictions, of the inhabitants of said territory, or their representatives, agreeably to the provisions of the ninth article of the treaty with Spain, by which the said territory was ceded to the United States. Sec. 2. And be it further enacted, That, in all cases in which said judges shall decide in favour of the claimants, the decisions, with the evidence on which they are founded, shall be, by the said judges, reported to the Secretary of the Treasury, who, on being satisfied that the same is just and equitable, within the provisions of the said treaty, shall pay the amount thereof to the person or persons in whose favour the same is adjudged, out of any money in the treasury, not otherwise appropriated. Approved, March 3, 1823. (<J) For the acts relating to the reports of the decisions of the Supreme Court of the United States, see ante, p. 376. (o) See notes to the act of May 8, 1822, ch. 129, for the decisions of the courts of the United States on Florida land titles. Judges of the superior courts of Florida to adjust the claims under the ninth article of the Florida treaty. Decision with evidence to be reported to the Secretary of the Treasury. Chap. XXXVI.—An Act to amend the ordinance and acts of Congress for the government of the territory of Michigan, and for other purposes, (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all citizens of the United States, having the qualifications prescribed by the act, entitled "An act authorizing the election of a delegate from the Michigan territory to the Congress of the United States, and extending the right of suffrage to the citizens of said territory," approved February the sixteenth, eighteen hundred and nineteen, shall be entitled to vote at any public election in the said territory, and shall be eligible to any office therein. Sec. 2. And be it further enacted, That the same powers which were granted to the governor, legislative council, and House of Representatives, of the North-western territory, by the ordinance of Congress, passed on the thirteenth day of July, seventeen hundred and eighty-seven, and which powers are transferred to the territory of Michigan by the act, entitled "An act to divide the Indiana territory into two separate governments," approved January the eleventh, eighteen hundred and five, are hereby conferred upon, and shall be exercised by the governor and a legislative council: which council shall consist of nine persons, any five of whom shall be a quorum, and who shall serve for the term of two years, and be appointed as follows, to wit: At the next election of the delegate to Congress from the said territory, after the passing of this act, the qualified electors shall choose, by ballot, eighteen persons, having the qualifications of electors; and such election shall be conducted, certified, and the result declared, agreeably to the territorial law prescribing the mode of electing such delegate. But the time and manner of electing the members of the legislative council shall, after the first election, be prescribed by the legislature of the said territory; and the names of the eighteen persons, having the greatest number of votes, shall be transmitted by the governor of the said territory, to the President of the United States, who shall nominate, and,, by and with the advice and consent of the Senate, appoint therefrom, the said legislative council; and vacancies occurring in the said council shall be filled in the same manner, from the list transmitted as aforesaid: And the President shall have power, in the recess of the Senate, to make the appointments authorized by this act; but all appointments, so made, shall be submitted to the Senate at their next session, for confirmation. The first legislative council shall be assembled at such time and place as the governor shall, by proclamation, designate. No session, in any one year, shall exceed the term of sixty days, nor shall any act passed by the governor and the legislative council be valid, after the same shall have been disapproved by Congress. The members of the legislative council shall receive two dollars each, per day, during their attendance at the sessions thereof, and two dollars for every twenty miles in going to, and returning therefrom, in full compensation for their services, and which shall be paid by the United States: Provided, That nothing herein contained shall be construed to affect the right of the citizens of said territory to elect a delegate to Congress; and the duties required of the govenor [governor] and judges by the act referred to in the first section of this act, shall be performed by the govenor [governor] and legislative council. Sec. 3. And be it further enacted, That the powers and duties of the judges of the said territory shall be regulated by such laws as are, or may be, in force therein; and the said judges shall possess a chancery, as well as common law, jurisdiction. The tenure of office of the said judges shall be limited to four years: and on the first day of February, Statute II. March 3, 1823. [Obsolete] Citizens qualified by the act of February 16, 1819, ch. 22, entitled to vote, and eligible to any office, in the territory of Michigan. Powers of the governor and legislative council of Michigan. Vol. i. 51. Act of Jan. 11,1805, ch. 5. Council to consist of nine persons. Mode of election Session of the legislative council not to exceed sixty days. Compensation. Proviso. Powers of the judges. Judges to hold office for four years. ta) See notes to the act of February 16,1819, ch. 22, for the acts relative to the territory of Michigan. Vol. III.—97 3T Proviso. Legislature empowered to submit the question for a general assembly. Organization, &c. of a general assembly. Proviso. Powera of the governor. Laws of the United States inconsistent with this act repealed as to Michigan. There shall be only one clerk of the Supreme Court. Officers of the treasury to settle the accounts ofJohn J. Doming. one thousand eight hundred and twenty-four, and every four years thereafier,the office of each of the said judges shall become vacant: Provided, That nothing in this act contained shall be so construed as to deprive the judges of the territory of the jurisdiction conferred upon them by the laws of the United States. * Sec. 4. And be it further enacted, That the legislature shall have power to submit, at any time, to the people of the said territory, the question, whether a general assembly shall be organized agreeably to the provisions of the ordinance aforesaid; and, if a majority of the qualified electors shall be in favour of such organization, then the powers vested by this act in the legislative council shall cease and determine, and a general assembly shall be organized, in conformity with the said ordinance, subject to the following provision: The govenor [governor] pf the said territory shall divide the same into five districts, and the qualified voters in each district shall elect one member of the legislative council, which shall possess the same powers heretofore granted to the legislative council of the North-western territory; and the members of the council shall hold their offices four years ; and until there shall be five thousand free white male inhabitants, of twenty-one years and upwardp in said territory, the whole number of Representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the govenor [governor] to the several counties in the said territory, agreeably to the number of free white males above the age of twenty-one years, which they may contain: but after the organization of the general assembly, the apportionment of the representation shall be made by such assembly: Provided, That there shall not be more than twelve, nor less than seven, of the whole number of representatives, until there shall be six thousand free white male inhabitants, above the age of twenty-one years; after which, the number of representatives shall be regulated agreeably to the ordinance aforesaid. Sec. 5. And be it further enacted, That the govenor [governor] of the said territory shall have power to grant pardons for offences against the laws of the said territory, and reprieves for those against the United States, until the decision of the President theron [thereon] shall be made known. Sec. 6. And be it further enacted, That, so much of the ordinance aforesaid, and laws of the United States, as are inconsistent with the provisions of this act, be, and the same are hereby, as respects the territory of Michigan, repealed. Sec. 7. And be it further enacted, That from and after the first day •f June next, there shall be but one clerk of the supreme court of the territory of Michigan, who shall perform all the duties of clerk of said court, whether sitting as a circuit and district court, or as judges of the territorial court. Sec. 8. And be it further enacted, That the accounting officers of the treasury shall settle and adjust the accounts of John J. Deming, making him a reasonable allowance for his services as clerk of said district and circuit court, up to the first day of June next, and that the same be paid out of any money in the treasury, not otherwise appropriated. Approved, March 3, 1823. Statute II. Chap. XXXVII.—Jin del in addition ie the act, entitled "Jtn act for Ihe prompt »etMarch 1, 1823. tlement if public accounts," and for the punishment of the crime of per jury, {a) Be it enacted by the Senate and House of Representatives of the United Accounting States of America, in Congress assembled, That, in the settlement of accounts of persons remaining charged, on the books of the third auditor (a, An act to provide for the prompt settlement of public accounts, March 3, 1817, ch. 45. An act providing for the better organization or the Treasury Department, May IS, 1820, ch. 107. ,tes to act of May IS, 1820, ch. 107. notes See of the treasury, with public moneys, advanced prior to the first day of July, one thousand eight hundred and fifteen, the proper -accounting officers be, and they are hereby, authorized to admit, to the credit of such persons, respectively, the amount of any expenditures made by them, which were, at the time, authorized by law, or regulations, notwithstanding regular vouchers for the same may not be produced, if the impracticability of producing such vouchers shall be proved to the satisfaction of the said accounting officers; and if the evidence exhibited, in lieu thereof, shall be the best the nature of the several cases will admit of, and such as will be received in courts of justice: Provided, nevertheless, That the credits to be allowed shall, in no case, exceed, in amount, the sums with which such persons, respectively, shall be charged on the books of the said third auditor. • Sec. 2. And be it further enacted, That whenever, in the settlement of the accounts before mentioned, a difference of opinion shall arise between the accounting officers, as to the extent of the credits to be allowed, under, or by virtue of, this act, such case shall be referred to the Secretary of War, whose decision shall be conclusive. And it is hereby made the duty of the said secretary, to cause to be communicated to Congress, at the commencement of each session, a statement comprising the names of the persons whose accounts shall have been settled the preceding year, agreeably to the provisions of this act, together with the amount which shall have been passed to the credit of each, under the several heads of expenditure, and upon evidence other than such as had been prescribed by the laws and regulations existing before the passage of this act. Sec. 3. And be it further enacted, That if any person shall swear or affirm falsely, touching the expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury.(o) • Approved, March 1, 1823. treasury to admit expenditures in certain cases, and under certain restrictions. . Proviso. In a difference of opinion, the case shall be referred to the Secretary of War. Any person swearing falsely, shall suffer as for wilful and corrupt perjury. Statute II. Chap. XXXVIIL—JinMfor the punishment of frauds committed on the govern- March 3, 1823. ment of the United States. Be it enacted by the Senate and House of Representatives of the United Persons guilty States of America, in Congress assembled, That, if any person or per- of ceftain fraud» (a) Indictment for false swearing under the third section of the act of Congress of March 1, 1823, which declares, that "any person who shall swear or affirm falsely, touching the expenditure of public money, or in support of any claim against the United States, shall suffer as for wilful and corrupt per!ury." The indictment charged the false swearing to be an affidavit made before a justice of the peace of Kentucky in support of a claim against the United States, under the act of July 5,1832, ch. 173, to provide for liquidating and paying certain claims of the state of Virginia. By the Supreme Court—There is no statute of the United States which expressly authorizes any justice of the peace of the state, or any officer of the national government to administer an oath in support of any claim against the United States under the act of 1823. The United States v. Bailey, 9 Peters, 238. The Secretary of the Treasury, in order to carry into effect the authority given to him, to liquidate and pay the claims referred to in the act of 1832, had established a regulation authorizing affidavits made before any justice of the peace of a state, to be received and considered in proof of claims under the act. By implication, he possessed the power to make such a regulation, and to allow such affidavits in proof of claims under the act of 1832. It was incidental to his duty and authority in settling claims under the act. When the oath is taken before a state or national magistrate, authorized to administer oaths in pursuance of any regulations prescribed by the Treasury Department, or in conformity with the practice of the Treasury Department, so that the affidavit would be admissible evidence at the Department in support of any claim against the United States, and the party swears falsely, the case is within the purview of the act of 1823. Ibid. If a state magistrate shall administer an oath, under an act of Congress expressly giving him the ower to do so, it would be a lawful oath, before one having competent authority, and as much so as if e had been specially appointed a commissioner under a law of the United States for that purpose, and such an oath, administered under such circumstances, would be within the purview of the act of 1823. Ibid. The act of 1823 does not create or punish the crime of perjury, technically considered. But it creates a new and substantial offence of lhlse swearing, and punishes it in the same manner as perjury. The oath, therefore, need not be administered in a judicial proceeding, or in a case in which the state magistrate, under the state laws, had jurisdiction, so as to make the false swearing perjury. It would be sufficient, that it might be lawfully administered by the magistrate, and was not in violation of hit official duty. Ibid. on the government oT the United States to be considered guilty of felony. To be punished by imprisonment. Persons knowingly having fraudulent papers, &c. to be lined and imprisoned. The courts of the several states not to be deprived of jurisdiction over the offences punishable by this law. sons shall falsely make, alter, forge, or counterfeit; or cause or procure to be falsely made, altered, forged, or counterfeited; or willingly aid or assist in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of enabling any other person or persons, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum or sums of money; or shall utter, or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, as aforesaid, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited ; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, any office or officer of the government of the United States, any deed, power of attorney, order, certificate, receipt, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, every such person shall be deemed and adjudged guilty of felony; and being thereof duly convicted, shall be sentenced to be imprisoned, and kept at hard labour, for a period not less than one year, nor more than ten years; or shall be imprisoned, not exceeding five years, and fined not exceeding one thousand dollars. Sec. 2. And be it further enacted, That if any person or persons shall knowingly have in his, her, or their, possession, any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of enabling any person or persons, either directly or indirectly, to obtain or receive from the United States, or any of its officers or agents, any sum or sums of money, knowing the same to be false, altered, forged, or counterfeited, as aforesaid, with intent to defraud the United States, every such person, upon being thereof duly convicted, shall be fined and imprisoned at the discretion of the court, according to the nature and aggravation of the offence : Provided, nevertheless, That nothing herein contained shall be construed to deprive the courts of the several states of jurisdiction, under the laws thereof, over offences declared punishable by this law. Approved, March 3, 1823. Statute II. March 1, 1823. Act of April II,1818, ch.47. Two years allowed to officers and soldiers of the Virginia line for obtaining warrants. Provisions of the act of March 3, 1807, ch. 31, revived. Chap. XXXIX.—.in Act extending the time for locating Virginia military land warrants, and returning surveys thereon to the general land office. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled] That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or assigns, entitled to bounty lands within the country reserved by the state of Virginia, between the little Miami and Scioto rivers, shall be allowed a further time of two years, from the fourth day of January, one thousand eight hundred and twenty-three, to obtain warrants, and to complete their locations; and the further time of four years, from the fourth day of January, one thousand eight hundred and twenty-three, to return their surveys and warrants, or certified copies of warrants, to the general land office, to obtain patents. Sec. 2. And be it further enacted, That the provisions of the act, entitled "An act authorizing patents to issue for lands located and surveyed by virtue of certain Virginia resolution-warrants," passed the third day of March, one thousand eight hundred and seven, shall be revived, and in force, with all its restrictions, except that the respective times allowed for making locations, and returning surveys thereon, shall be limited to the terms prescribed by the first section of this act, for the location and |
