PRINCESS OF ORANGE, DIAMONDS OF (continued.) ... tion and the delivery of the jewels of the Princess of Orange, re-considered and And as the President might have directed the restoration before the libel was filed, so PRINCIPAL, RELEASE OF. (See Sureties) PRINTING FOR TREASURY DEPARTMENT. PRIORITY OF UNITED STATES. PRISONERS, removal of. Page. 807 807 807 807 778 1279 .. 269, 956 Offenders committed to prison in a district other than that in which the offence is to be tried, may be removed to the latter to be tried, by a warrant of the judge of the district where they are imprisoned... PRIZES and PRIZE MONEY. It is reasonable, as applicable to all nations, to permit a portion of a prize cargo to be 262 37 37 45 49 If it be regularly commissioned as a ship of war, the officers and crew are to be de- 49 Where a brig captured off Tripoli, as prize of war, by a part of a squadron, and con- Where a captured fleet was condemned as a prize of war, and afterwards purchased By the act of 23d April, 1800, of 26th March, 1804, and of 16th April, 1816, one- 49 116 261 301 910 910 The necessary expenses of pilotage, maintenance, &c., incurred before the delivery of the vessel to the civil authority, ought to be paid out of the public treasury, and not charged on the proceeds of the captured vessel...... Where an American vessel had entered and cleared from a port under blockade, and, whilst returning to New Orleans, was captured by a vessel belonging to the French blockading squadron, from which the captain of the former rescued her and brought her into the port of New Orleans, to which she was destined; and demand, subsequently, being made of the Executive to deliver up the vessel and cargo both on account of the said breach of blockade and the rescue-DECIDED, that the captors have no right of property in said vessel and cargo; and that the liability of the vessel to condemnation, if it ever existed, has ceased by the termination of her voyage at the port of her destination.. 1218 Page. PRIZES AND PRIZE MONEY. The case made by the French government calls for a judicial decision settling cer- The act abolishing the office of prize agent, and requiring all incumbents thereof to 1218 1267 2034 The order of the district court for the eastern district of Louisiana is not obligatory upon Robert S. Rogers, as prize agent. It is a nullity, and he will incur no responsibility under it to captors, by paying money in his hands into the treasury... 2034 Where a prize agent refuses to deposite certain prize moneys in the treasury, in conformity with the act of March 3, 1849, on pretence that the act is not applicable to the case, and an Attorney General has decided that he ought to make the deposite, it is proper to institute proceedings in the prize court to compel a compliance with the law... 2107 ... 1159 1228 1667 117 507 Q. QUAPAW TREATY OF 1818..... 1036 QUARANTINE. The President cannot cause a quarantine to be established at Alexandria; but the common council of that city have power to do so. 652 They have full and ample power to pass all laws which may be requisite to the preservation of the health of the inhabitants, to the prevention and removal of nuisances, to enforce such laws by penalties, and to appoint all officers necessary to carry them into operation.... To enable them to give full effect to this power, jurisdiction has been granted them over the harbor of Alexandria and over all vessels arriving there, or being in the harbor, or lying at anchor below Pearson's Island, and within the District of Columbia, and to prevent and remove all nuisar ces, and such other substances or things on board of any such vessel as may be prejudicial to the health of the inhabitants... QUARTERS. (See Army Pay, &c.) 652 652 RECONSIDERATION. It is a rule which each administration has prescribed to itself to consider the acts of The Attorney General concurs in the opinion delivered by his predecessor in 1825, Page. 486 486 624 1695 A subject once disposed of by the proper executive department, except under peculiarly strong circumstances, ought to be regarded as settled.. Stare decisis is a most salutary rule for the executive department in cases of claims.. 1695 See more fully on this subject the title, Accounts and Accounting officers. RECORDER OF GENERAL LAND OFFICE.. 1077, 1389 2147 1232 219 1360 REED, NANCY. REESIDE, JAMES. REEVES, RICHARD R.. 1875 966 123 REGISTERS AND RECEIVERS OF LAND OFFICERS. Registers of the land offices cannot lawfully be, except as is specially provided, con- cases. 1617 1617 But receivers being a different class of officers, and standing in relations to the government different from those sustained by registers, may purchase the public lands the same as other citizens..... The law has imposed no restraints upon receivers in this respect; and the nature of their public duties indicates no necessity for any... 1617 1617 The executive department may enforce by regulations the prohibition of the law as to purchases by registers; but it is incompetent to make regulations to restrain receivers of public moneys from purchasing the public lands like other citizens... 1617 REGISTRY OF VESSELS. The benefit of the register of an American vessel is lost to the owner during his residence in a foreign country, but upon his return to this country the disability ceases. 340 The fact that during the foreign residence of the American owner the vessel carried a foreign flag, does not work any divestiture of title, nor render the disability perpetual.... 340 REGULATIONS OF THE ARMY.. 342 REMISSION OF DUTIES, &c. Neither the President nor the Secretary of the Treasury has power to remit the tonnage duty assessed with reference to the character of the vessel, officers, and crew, nor to remit the penalty of a bond to return seamen.. 1650 The case is not within the act of 1797, nor of any other of the remission laws.... 1650 REMOVALS, (See Appointments, &c.) ... REPAIRS IN FRONT OF THE LEASED HOUSES IN WASHINGTON. ... 1297 The Secretary of the Treasury has no power to correct an alleged error of a court of the United States, and to refund a sum of money said to have been improperly paid in consequence of such alleged error. Redress in such a case can be made only by Congress. 263 The President of the United States has not the power under the constitution and laws to order moneys paid into the treasury upon judgment and execution, upon the penalty of a bond, to be refunded several years after the payment was made.. 604 The Secretary of the Treasury has no power, under any law now existing, to re REPAYMENTS, (continued.) fund moneys deposited for duties with a collector, but which are ultimately found Instances where there is a deficiency in the quantity of land purchased, and where Page. 1355 1620 1620 1620 The case of Wilson Shannon does not come within the provisions of the act of the 12th January, 1825, and therefore the department has no authority to refund to him 1637 Even though the funds of Shannon were not received into the public treasury, and it be conceded that the United States have no equitable claim upon them, there is no act authorizing repayment of money wrongfully or erroneously paid, except the act of 12th January, 1825, which applies to certain specified cases. It will not do for the department to refund money which has erroneously found its way there, simply on the ground that it is just that it should be repaid, for the reason that it would require the department to disregard a most wholesome and salutary restraint, upon the due and strict observance of which the most important interests depend..... Repayment of patent fees can only be made under the circumstances and in the manner and to the persons provided by the law; and that justifies no repayment to any other than the party in whose name the deposite has been made, or to his duly constituted attorney. REPRIEVES. (See Pardons.) 1637 1637 1647 REPRISALS. (See Letters of Marque.) REPUBLICAN, Sloop... 23 RESCUE. (See Capture.) RESERVATIONS UNDER INDIAN TREATIES. The Indian reservees under a treaty have a right permanent and superior to any grant of sections to States.... 1103 Until their title shall be fully extinguished, the grants of Congress cannot operate.. 1103 On a certificate to A and Company, assigned by A alone, a patent may is sue to A's assignee; and his, A's partners, must seek relief, if they be entitled to any, in the courts. RESERVATIONS UNDER CHEROKEE TREATY OF 1817 and 1819. 1532 717 A negro cannot take a reservation under the Cherokee treaties of July, 1817, and February,1819, although the husband of an Indian woman. Reservations under those treaties are expressly clogged by the condition of personal occupancy, and are not alienable. The title reverts to the United States on removal of the reservee. The estate to be taken by children of a reservee is a remainder in fee, (not a reversion,) subject to the dower of the mother, and is liable to be defeated by the determination of the precedent estate by removal of the reservee.... 717 A survey of section sixteen, in fraud of the treaties, does not divest the title of the United States, and consequently does not give the State a right to select another section in lieu thereof. Where a part of section sixteen is disposed of, the State is not bound to select the residue, but may take equivalent on other sections. The act of selection of a section in lieu of section sixteen, is that by which the tract becomes appropriated for school purposes. 717 717 A valid pre-emption under act of 1829, however, cannot be avoided by the selection. 717 Under the treaties of 1817 and 1819, with the Cherokees, the reservees therein could not properly locate their lands outside the limits of the cessions, respectively; but, as some of the reservations of 1817 were located within the lands ceded in 1819, and were included in the unceded lands under the latter treaty, these cases are to stand on the same ground as other reservations under the treaty of 1817, and equally entitled, under the treaties of 1835 and 1836, to compensation with those who located within the cession of 1817.. 11 1183 RESERVATIONS UNDER CHEROKEE TREATY OF 1817 AND 1819, (continued.) Page. But no provision has been made for those whose reservations, under treaties of 1817 and 1819, were located within the cessions of 1835 and 1836; and, as such reservations are not within the 13th article of the treaty of 1835-236, they were unauthorized, and not to be paid for as improved lands; but the holders are only entitled to pay for their improvements... Reservations claimed under former treaties, not being ceded by the first article of the 1183 1183 1183 1183 The children of the reservees, under the 8th article of the treaty of 1817, were entitled to reservations in fee-simple... The treaty gave to the heads of Cherokee families an election to go, or stay and become citizens; and, until their election to stay, the reservations do not vest in them or their children.... No compensation ought to be made for ferries held by the tribe beyond the time allowed for their residence; and the same rule applies to those held as franchises by individual Indians, unless, &c...... RESERVATIONS UNDER CHEROKEE TREATY OF 1835. The first and second classes of Indian reservees provided for in the thirteenth article of the treaty of December, 1835, with the Cherokees, are entitled to compensation in money in lieu of their interests, notwithstanding the supplementary articles concluded after the refusal of the President to allow pre-emptions. 1545 1545 In respect to the third class there is doubt; yet the Attorney General, on the whole, concludes that the reservees of that class are also entitled, individually, to compensation in money.. 1163 1163 The compensation to the first and second classes must be paid by the United States This opinion explains that delivered on the 6th day of December last in respect to compensation, and re-asserts that persons entitled to pecuniary compensation for reservations under the 13th article of the treaty, are not entitled under the 9th article for improvements on the same reservations.. The balance of the fund of $600,000, after defraying from it the expenses of removal, which is the first charge upon it, was that designated by the treaty for the satisfaction of the various claims provided for therein; if insufficient, to be rateably distributed, and the balance to be charged to the general fund of $5,000,000... There is no occasion for dividing the $600,000, as the several agreements concerning compensation and spoliations are to be considered as one treaty.. RESERVATIONS UNDER CHICKASAW TREATIES OF 1834. As many surviving Indian wives as were heads of families at the making of the A widow keeping house, and having children or other persons residing with her, is 1163 1163 1168 1168 1168 993 988 988 1580 The great fundamental principal of our land sales is, that private entries shall never be permitted until after the proclamation is made that the lands are in market..... 1580 The reason of this rule applies in all cases where, from any cause, land has been temporarily taken out of commerce. The words of the 10th article of the treaty, concerning the gradual fall of the price, 1580 1580 But private entries are not in order until the lands shall have been proclaimed to be, and shall have been, properly put in market. Lands which have never been in 1580 |