MARSHALS OF U. S., (continued.) Page. The act dividing the State into two districts, but continuing the incumbent of the of 2004 .... The marshal and his deputies appear to have acted, to a considerable extent, upon consultation with the agent of the owner of the fugitive; who, at the conclusion of the examination, observed that he had no complaint to make against them.... MARTIN, JOHN... --. (See Indian Reservees.). U. S. vs.... MARYLAND State stock. (See Interest.) 2111 MCARTHUR, DUNCAN.. MCCALLA, JOHN, Marshal of Kentucky. (See Accounting Officers.) MCCALL, Mr... 2111 1563 1239 1245 1297 515 1834 641 1274 690 842 420 106 1412 1955 1974 1278 .1864, 1879, 1974 1156 461 822 2092 1265 1700 The contract for embankment in the navy-yard at Memphis is not within the true meaning of the proviso in the naval appropriation act of March 3, 1843......... 1999 MENOMONIE CLAIM TO LANDS. Indians have not been conceded the natural capacity to hold absolute title to lands, except when specially provided for by treaty; wherefore, the title of the Brothertown Indians to the land secured to them by the treaties with the Menomonies is not a fee-simple, but only such a right of occupancy as was previously possessed by the Menomonies themselves... .. 1180 The Menomonie Indians have no reasonable pretensions to lands west of Black 1970 1970 have one... 1970 A treaty to extinguish the Indian right of possession to the land north of that line advised.... The treaties of 1825 and 1827 prevent them from crossing the line of 1825, and what was then regarded as the Chippewa territory. MILITARY ACADEMY. Cadets are soldiers; receiving the pay of sergeants, and bound to perform military duty in such places and on such service as the commander-in-chief shall order; and the corps to which they are attached is a part of the military peace establish ment.... As a part of the corps of engineers, they form a part of the land forces of the United The existing regulations for the government of the military academy may be altered No person has the right to enter the limits of the post at West Point, not even to The commandant of the post may order from it any person not attached to it by law, When, however, the United States have leased a dwelling-house within the post belonging to them to an individual, they have no greater right than an individual would have in respect to ejectment of the lessee... MILITARY FORCE TO BE EMPLOYED... MILITARY POSTS. Page. 177 177 181 305 305 305 644 1144 1144 1144 1144 100, 112, 306 The district court of Iowa has jurisdiction over Fort Atkinson, in the Indian country; and it will require a very clear case to justify the military authorities in resisting the mandate of the judiciary.... MILITARY SITES, SALE OF. 1547 The act of March 3, 1819, extends only to such military sites as belonged to the United States at its date; and such sites, when they have, or whenever they may become useless for military purposes, may be sold under said act, whether situated in a State or Territory..... 1037 The rule as to the extent of territory which may be sold, is laid down by the Supreme Court in 9 Peters, 761, 762... 1037 MILITIA. The President has power to nominate to the Senate a suitable person for the office of brigadier general of the militia of the Territorial Government.. MILITIA (see Courts Martial)... MILITIA PAY, &c. 101 308, 952, 1181 ... 834 The militia of Missouri, Indiana, and Michigan, who were ordered out to repel Indian invasions by a competent State or Territorial authority, are entitled to be paid for their services, provided the circumstances under which the call was made were, in the opinion of the President, sufficient to justify it.. The amount of compensation in all cases of militia service rendered during the late Indian hostilities on the frontiers is limited to the time during which actual service was rendered; and the Secretary of War has no power to allow more... The additional compensation of ten dollars per month, allowed to captains of the army for their duties and responsibilities in respect to the clothing, arms, and accoutrements of companies, by the act of the 2d of March, 1827, may be claimed by all captains of volunteers or militia, embraced in the act of the 19th of March, 1836, who performed any duty, or were charged with any responsibility, with respect to the clothing, arms, or accoutrements, or with respect to either of these articles, belonging to their companies.. Every volunteer mustered into service under the act is entitled at once, and in one payment, to receive, in money, a sum equal to the full cost of the clothing of 840 1056 MILITIA PAY, &c. (continued.) Page. non-commissioned officer or private, as the case may be, in the regular troops of the United States, without reference to the time for which he may be kept in service.. 1071 Volunteers, whether for six or twelve months, are entitled to the cost of all those articles which are required to clothe a soldier in the army of the United States on his entrance into service; for a year if he shall be enlisted for a year-for six months if that be his term.. ... 1072 Officers thereunto authorized, commanding in a corps of militia or volunteers in the There are no acts of Congress providing pay, rations, and expenses to militia The compensation of teamsters, &c., in the Florida service, was not provided for in 1181 1181 1302 1319 1334 1345 1427 1427 1427 The government is not bound to pay such of the Florida militia as disbanded voluntarily, and without authority, and refused to render service.. Nor is the government bound to pay such as were mustered, and then directed to re- 2008 The joint resolutions of 1846-'47, and the act of June 2, 1848, require the troops, for which disbursements should be made, to have been mustered and received into service.... 2003 This claim being meritorious, is commended to the favorable consideration of Congress.. 2008 MINERAL LANDS, SALINES, LEAD MINES, &c. The general power given to the President to lease the Saline on the Wabash carries Taylor, Wilkins & Morrison are not entitled to pipes found on the premises and paid 228 228 273 The discretion theretofore exercised by the President, in declining to withhold from sale such springs as were supposed to be of little value, is neither impaired nor taken away by the act admitting Illinois into the Union..... 273 The effect of the grant is merely to place the State of Illinois, in regard to these springs and reservations of land, exactly on the ground which had been previously occupied by the United States...... 273 The President has unrestricted power to lease the lead mines on such conditions as MINERAL LANDS, &c., (continued.) he may think proper, for any term not exceeding three years, provided the leases be not inconsistent with existing laws... There is no material difference between the two acts concerning the lead mines, only that leases under the one are limited to three, and under the other to five years. The power to lease these mines necessarily includes the power to collect rents, and to take all proper measures to effect that object..... The question of the power to lease was decided in 1822 by Mr. Wirt. Licenses to The President has the power to reserve from public sale any or all of certain mineral Page. 387 950 950 950 1150 1150 Citizens cannot acquire a right to enter lands which have been improperly withheld from private entry, after the close of a public sale at which they were offered, until after notice... The several acts of Congress relating to the saline and mineral lands confer a general authority upon the President to lease the lead mines.. The question, however, is not res integra; it having been decided by Attorneys General Wirt and Butler, and a settled practice having been adopted pursuant to their opinions... The President has no authority, under the constitution, to dispose of, by lease or otherwise, any portion of the public lands, without authority of law; and the authority to lease mineral lands is limited by law to salt springs and lead mines, and the necessary contiguous sections. Wherefore, the President is without authority to lease, or cause to be leased, lands which contain mines of copper or silver as the predominating mineral..... Whether or not certain locations made under permits given by the superintendent of mineral lands, and the expenditure of moneys there, entitle claimants to leases, if there were authority to execute them, fully discussed.. ...... The practice of leasing salines and lead mines has so long prevailed, under a construction of the laws which has received a very general assent, that the Executive would not now be justified in declining to exercise the power, and thus deprive the treasury of the revenues to be derived from the mining operations notoriously going on at the lead mines in lowa. Lands containing iron ore merely are not to be considered as "mineral lands" within the meaning of the act of 1st March, 1847; but they are to be disposed of according to the laws in relation to the disposition of other public lands..... MINISTERS. (See Ambassador's outfit.) 1150 1530 1530 1787 1787 1787 1799 2094 .405, 614 2121 115 245 1691 1701 Transfers of money to the mint, by order of the President, for the purpose of coinage, in execution of the proviso to the twelfth section of the act to regulate the deposites of public money, should be made by drafts in the same manner as from one deposite bank to another, remaining to the debit of the Treasurer as money in the treasury.. MISNOMERS. An assignment by P. P. Pitchlynn of a reservation in the treaty in favor of Peter Pitchlynn, where there is no doubt of the identity of the person, is good; as the law knows of but one christian name. A patent for land may issue to John McGilvry as the head of a family registered by the name of John McGilvery, where there is no doubt of the identity of the person; as the orthography and sound do not vary so materially as to affect the grant.... MISSIONARY LANDS ON GRAND RIVER. ....... It having been decided by Mr. Butler that the Catholics, as well as the Baptists, have an interest proportionate to their improvements in the net proceeds of the sales of the 160 acres of land upon Grand river, ceded to "the Missionary Society" in the treaty, with the Ottowas, ratified 27th May, 1836, and since it appears, from the papers produced, that the Catholics have a small establishment there, the de 1061 1278 1278 MISSIONARY LANDS ON GRAND RIVER, (continued.) Page. partment is advised to distribute the fund in proportion to the appraised value of their respective improvements. 1570 Therefore the Baptist society are not entitled to a patent for the whole land, unless the Catholics will consent to take a pecuniary indemnity in satisfaction of their proportion of the appraised value of the improvements. In that case, the Baptists may receive a patent.. This opinion is one of acquiescence, from expediency, in the views of Mr. Butler, as will be seen from its reading, and not the judgment of the present Attorney General, if the question were res integra.... The sale of the missionary lot to the Baptist Mission being irregular and unsatisfactory to the Catholic Mission, it should be rescinded, and the property placed in the situation in which it existed before any proceedings were had in regard to it, and be resold, upon such notice and terms as shall be satisfactory to all the parties concerned.. MISTAKE.. MITCHELL, Mr... D. B. MIX, CHARLES E.. MONEYS, when in the treasury. removable, (see Funds).. MOORE, BENJ. Q..... HAMLET. MORDECAI, Lieut.... 1570 1570 1570 1638 .97, 297, 507, 515, 1247 215 290 1381 1128 1080 646 1256 620 MOREHEAD, Passed Midshipman JOSEPH.. 1651 MORGAN, General.. 45 CHARLES. 1301 MORGAN MEDAL. Where a medal was ordered to be struck, and, before the resolution of Congress had been executed, the individual for whom it was intended died, it was deemed proper that it should be struck and delivered to the decedent's son and administrator... MORRILL, L. C... Where a foreign vessel was driven into an American port, with a cargo of Jamaica Rum, for safety, and a portion of the cargo sold to pay seamen's wages and other expenses, and application was made to the President for permission to sell the remainder-HELD, that he has not the power to give such permission.. Enlistments for the naval service being for "two years from the time when the ship 105 107 |