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PRINCESS OF ORANGE, DIAMONDS OF (continued.)

...

tion and the delivery of the jewels of the Princess of Orange, re-considered and
re-affirmed, with suggestions relative to carrying the recommendations into effect.
Seizures by collectors are not made pursuant or by virtue of any judicial authority;
and courts have no control over the property seized until the same is libelled. When
libelled, the property seized is in custody of the courts, and is held by the collector
as their officer, and subject to their direction pendente lite..
Whenever the prosecution shall for any cause be discontinued, the collector ceases to
be the officer for the court; but as collector of customs, he holds the property by
the same right which he exercised before the filing of the libel. When the judicial
responsibility of the collector ceases, the full responsibility of the collector to the
executive department is resumed, so that the collector holds the property seized,
the same as if no libel had been filed.....

And as the President might have directed the restoration before the libel was filed, so
he may likewise when it has been discontinued..
See also.

PRINCIPAL, RELEASE OF. (See Sureties)

PRINTING FOR TREASURY DEPARTMENT.

PRIORITY OF UNITED STATES.

PRISONERS, removal of.

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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
sold under the superintendency of the public officers for reparation of the ship: as
to France it is within the 19th Article of the treaty of 1778..
As to the sailing, the prize-ship should be permitted to sail whenever the captors
wish; deception of collector and naval officer affords no ground for detaining it...
A captured vessel must be brought within the jurisdiction of the country to which
the captor belongs, before a regular condemnation can be awarded...
If the prize be a pirate, the officers and crew are to be prosecuted in the circuit court
of the United States without respect to the nation to which each individual may be-
long..

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If it be regularly commissioned as a ship of war, the officers and crew are to be de-
tained as prisoners, except such are citizens of the United States...
Proceedings against the ship and cargo are to be had before the district court of the
United States, according to the laws of Congress and the usage and practice of
courts of admiralty in prize causes..

49

Where a brig captured off Tripoli, as prize of war, by a part of a squadron, and con-
demned, was afterwards taken by the commodore at a valuation, and placed in the
service of the United States, decided, that the captors were entitled to their prize
interest of the government, and that the other moiety should be applied to the navy
pension fund..

Where a captured fleet was condemned as a prize of war, and afterwards purchased
by the President for $255,000, under an act of Congress directing such purchase,
and the distribution of that amount between the captors and their heirs, it was not
intended to alter the mode of distribution, nor to deprive the widow of a seaman
slain in the struggle from claiming and receiving the same share that she would
have received had the prize been sold under a decree of court...
The profits of a capture made by individuals acting without a commission inure to
the government, but it has not been the practice to exact them.--[2 Wheaton, p.
77, and Appendix.]..

By the act of 23d April, 1800, of 26th March, 1804, and of 16th April, 1816, one-
half of the proceeds of vessels captured and condemned for piracy ought to be
paid over to the navy pension fund..

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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-
tain questions of fact concerning the legality of the blockade, capture, &c., before
the Executive can act. Independently of this, there is no constitutional right
vested in the Executive to deliver up the property of an American citizen, claimed
by him as his own, and in his actual possession, and not condemned, nor legally
adjudged to belong to another.....
Distribution of certain moneys, appropriated by Congress as prize-money, among
the officers and crew of two gun-boats, must be made in the proportions and to the
persons pointed out by the general laws and regulations of the navy applicable to
the subject.

The act abolishing the office of prize agent, and requiring all incumbents thereof to
deposite all moneys in their hands in the treasury of the United Siates, divested
prize courts of all power to distribute prize moneys, and relieved the agents of all
responsibility to comply with their orders directing distribution made subsequent
to the passage of the law....

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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...

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Q.

QUAPAW TREATY OF 1818.....

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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.)
QUARTERMASTER. (See Army, &c.)

652

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RECONSIDERATION.

It is a rule which each administration has prescribed to itself to consider the acts of
its predecessors conclusive so far as the Executive is concerned...
If a decision made in the case referred to eight years ago under a former Executive
is open for review and reversal, the same principle will open decisions made dur-
ing the presidency of Washington, and keeps the acts of the Executive perpetual-
ly unsettled and afloat.....

The Attorney General concurs in the opinion delivered by his predecessor in 1825,
and takes occasion to remark that, where a question has been deliberately settled
by the proper department, under the eye of the Government, during successive ses-
sions of Congress, it should not be disturbed unless a very strong and pressing case
shall be made for consideration.....

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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..

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REED, NANCY.

REESIDE, JAMES.

REEVES, RICHARD R..

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REGISTERS AND RECEIVERS OF LAND OFFICERS.

Registers of the land offices cannot lawfully be, except as is specially provided, con-
cerned in the purchase of the public lands. They are agents of the government to
sell; and upon principle, as well as by the express terms of the act creating their
offices, they are precluded from entering on their books any application for lands
in their own names, or in the name of any other person in trust for them..
If registers wish to purchase land they are required to make application to the survey-
ors general, who are authorized to make the proper entries and returns in such

cases.

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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..

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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.
REPAYMENTS.

... 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
to exceed the amount of duties properly chargeable......
Repayment of purchase money should be made in cases where the purchase of land
from the United States is found to be void by reason of a prior sale, or by the con-
firmation or other legal establishment of a prior British, French, or Spanish grant,
or for want of title in the United States from any other cause. (See act of 12th
January, 1825.)..

Instances where there is a deficiency in the quantity of land purchased, and where
an entry has been made of land to which another had a pre-emption right, are
cases falling within the terms of the act, and call for repayment..
But in cases of error arising from miscalculations of the amount to be paid, where
the money paid has not been returned by the receiver, the excess should not be
paid from the treasury; but the error should be corrected by the receiver. Where,
however, the excess or overpayment shall have found its way into the treasury, it
cannot be withdrawn except in strict fulfilment of the requisitions of law, which
the "administrative power" cannot control....

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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.)

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1647

REPRISALS. (See Letters of Marque.)

REPUBLICAN, Sloop...

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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.

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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.

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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..

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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
last, are not within the words nor intentions of the 9th article of the last; hence
the reservees who may be entitled to compensation under the 13th, cannot claim
pay under the 9th article for improvements on the same reservations...
But those who were to receive grants for their reservations are entitled to pay for the
soil and the improvements thereon..

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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.

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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..

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The compensation to the first and second classes must be paid by the United States
not out of the supplementary fund; but that to the third class must be paid from
the $600,000 set apart in the supplementary articles....
This opinion further treats of the expenses of removal and the laying out of reserva-
tions in certain cases.

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
Chickasaw treaty of 1834, (though wives of the same Indian,) are entitled to the
reservations made in the fifth article thereof....

A widow keeping house, and having children or other persons residing with her, is
the head of a family, within the meaning of the fifth article of the treaty. If
her children, or other persons residing with her, however, are provided for in the
sixth or eighth articles, they cannot be included in the family enumeration......
Widows keeping house without children or other persons residing with them, are,
if they own slaves, entitled to the section, or half section, according to the number
of their slaves, given by the fifth article...
The lands of the Chickasaws were put on the same footing as the public domain, and
are therefore not subject to private entry until the same shall have been proclaimed
to be in market...

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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,
did not contemplate a fall to be regulated by mere lapse of time....
The plain sense of the provision is, that lands, after having, with due notice, been
one year exposed in open market, at a fixed price, may be for another year offered
at a reduced price, and so on....

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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

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