FRENCH, RODNEY.. FRENCH CONSUL AT SAVANNAH. FUGITIVE SLAVE BILL. Page. 655 730 The provisions of the bill, commonly called the fngitive slave bill, and which Congress have submitted to the President for his approval and signature, are not in conflict with the provisions of the constitution in relation to the writ of habeas corpus. 2099 The expressions used in the last clause of the sixth section that the certificate therein alluded to "shall prevent all molestation" of the persons to whom granted, "by any process issued," &c., probably mean only what the act of 1793 meant by declaring a certificate under that act a sufficient warrant for the removal of a fugitive ; and do not mean a suspension of the writ of habeas corpus.. 2099 There is nothing in the act inconsistent with the constitution, nor which is not necessary to redeem the pledge which it contains, that fugitive slaves shall be delivered upon the claim of their owners. 2099 778 FUGITIVES FROM JUSTICE, (See Extradition.). FUNDS RECEIVABLE FOR REVENUES. The act designating and limiting the funds receivable for the revenues of the United States forbids the receipt of any bank notes except of such specie-paying banks as shall from time to time conform to certain conditions therein mentioned in regard to small bills, and restrains the Secretary of the Treasury from making any discrimination in this respect between the different branches of the public revenue.. It leaves to the Secretary of the Treasury power to prohibit the receipt of particular notes, provided his prohibition apply to both lands and duties, and to direct what particular notes allowed by law shall be received, provided he can find a deposite bank which will agree to receive and credit them as cash, and not otherwise... The deposite banks are the sole judges of the notes to be received by them from any collector or receiver of public money, and are not bound to receive the notes of any other bank whose notes they may choose to reject; provided they apply the same rule to the United States which they apply to their other depositors.. FURLOUGH, (See Conditions.). 754 1080 1080 1080 386 General Harrison's claim for services in the campaign of 1811 on the Wabash is covered and provided for by the act of April 10, 1812. HASSAN, JNO... HAWKINS, W. S.... GEORGE W. 22 743 1967 737 149 1794 26 492 1209 1004 261 1822 429 734 495 2037 810 888 1886 HEBERT, MRS. SARAH.. HEMP FOR THE USE OF THE NAVY. The Secretary of the Navy, in contracting for water-rotted hemp for the use of the navy, is restricted in the manner of purchase by the act of 3d of March, 1843, which requires him to advertise for the article, to receive bids, and to award the contract for it to the lowest bidder.... 1784 Purchases in open market cannot be resorted to, except in cases of, and in reference to, such articles as are wanted for use so immediate as not to permit of contract by advertisement... But such immediate want cannot occur in reference to hemp, which is usually contracted to be furnished for a term of three years, when there is enough on hand for the present wants of the service... The joint resolution of Congress of the 9th of May, 1848, providing the manner of obtaining American water-rotted hemp for the use of the navy, and the advertisement of the Secretary of the Navy pursuant thereto, alike require proposals to be submitted, which shall state the price at which the bidder will furnish the stipulated quantity per year for the entire five years.. Bidders who propose different prices for different years, and reducing the price for the last year to occasion a lower average than the bids of competitors, might, if their contracts were accepted, have opportunities for the exercise of bad faith with the Government, which a different method of contracting might prevent.. If, however, such bids shall be accepted, the lowest bids should be charged with the interest of the excess of bids over other competitors for the years where there may be an excess, and the average to be struck from the aggregate found.. HENLEY, MRS.. 1784 1784 2045 2045 2045 958, 960 HENNEN, DUNCAN N.. HENSHAW, Collector of Boston. HICKEY, PHILIP As the act of 24th March, 1834, for the relief of Philip Hickey, requiring the third auditor to ascertain the value of the timber taken from his lands by the United States troops, and for which he claims damages, does not define what tract of land the timber was cut from, it is competent for the auditor to refer to the report of the committee which accompanied the bill, and the documents as prima facie evidence on this point; and if they fail to show the extent of the tract, he may resort to such other proof as shall be satisfactory Page. 1351 1266 1000 1786 11 701 918 708 99 1387, 1664 839 .956, 1074 263 783 .1473, 1316 57 2103 232 All moneys which have been advanced for pay supposed to have accrued since Sep- Although the half-blood is excluded by the laws of England, that rule is entirely in- In the practical administration of an act of Congress, where the exclusion of the halfblood cannot be enforced without conflicting in some instances with an analogy founded on the rights of succession in the different States, there can be no propriety in making a distinction between beneficiaries of the whole and the halfblood..... Looking moreover to the terms of this act, and to the intention of its framers, the collateral relatives, whether of the half or the whole-blood, are entitled to participate equally in the bounty which it provides..... HORSES AND OTHER PROPERTY LOST IN MILITARY SERVICE. No claims for losses sustained by officers, volunteers, rangers, or others engaged in the campaign against the Seminole Indians, are to be allowed, except those which took place in consequence of the government of the United States failing to supply sufficient forage, and to such claimants only as can furnish the evidence called for by the proviso of the act of May 4, 1822... 707 707 743 743 743 743 354 In order to entitle parties to compensation for horses, the animals must have died from some of the causes enumerated in the law.. 857 Losses of horses to the owner where the death cannot be proved, have not been provided for.... 857 Where horses died for want of forage, the fact of the owners being paid for forage will not preclude compensation..... 857 The act to provide for the payment of claims for property lost, &c., during the late war with the Indians on the frontiers of Illinois and Michigan Territory, does not authorize an allowance to any person (except minors provided for in the third section) who was not personally engaged in the service of the United States in the campaigns referred to... 916 HORSES AND OTHER PROPERTY LOST IN MILITARY SERVICE, (continued.) Yet it is not indispensable that claimants shall show absolute property in the horse or equipage lost in the service. A possessory title of horses, &c., contracted to be paid for, and until which, the title was to remain in the furnisher, is such a qualified property as entitles them, within the equity of the law, to be regarded as owners.. Allowances for horses are authorized where it shall appear that they were lost, without any fault or negligence on the part of the owner or owners, in battle; or by dying of wounds received in battle, while yet in the public service; or by dying from being unavoidably abandoned or lost while in the public service, in conse quence of the failure of the United States to supply sufficient forage; or when lost because the rider was dismounted and separated from his horse and ordered to do military duty on foot, at a detached station... Allowances for equipages are authorized when it shall appear that it was actually lost in battle, or in consequence of the loss of a horse to which it belonged.. Whether harness shall be considered as equipage is a question of fact and military science, rather than of law; but the Attorney General supposes that it ought to be so considered... Page. 916 916 916 916 The Senate bill reported on the 9th of February, 1849, to provide payment for horses and other property lost or destroyed in the military service of the United States, embraces field, staff, and other officers, mounted militia, volunteers, rangers, and cavalry, engaged in the military service of the United States since the 18th of June, 1812-whether the owners belonged to the regular or other military service...... 1994 See also accounting officers. The claim of Lieut. Hunter for reimbursement of expenditures in making experiments for the propulsion of war steamers by horizontal wheels, is within the act of Congress passed at the extra session, and that making appropriations for the naval service in 1841.. HUYGEN, CHEVALIER.. 1409 .778, 807 I. The Cherokee nation of Indians have not the right to impose taxes on persons trading among them under the authority of the United States. 421 The history and condition of the Indians, the relations which the Uniied States bear towards them, and the treaties which subsist between them and our government, do not permit the power of taxation to be considered as one between equal sovereigns. 421 Trade with the Cherokees has been provided for by treaty stipulations, giving to Congress the sole and exclusive right of regulating trade with them and managing their affairs as shall be deemed proper. The right thus conferred on the United States is sole and exclusive, wherefore neither the Cherokees nor any other nation had the right thereafter to touch the subject which was thus solely and exclusively given to the United States... No citizen of the United States can obtain exemption from the laws of the United States, which regulate intercourse with Indians, by entering their territory within our limits, and becoming one of them by adoption.... 421 745 INDIAN TRADE, &c., (continued.) The Choctaws have neither jurisdiction nor authority to pronounce and execute a sentence of death upon a slave of a white man residing among them, for the reason that the treaty limits their power to the government of the Choctaw nation of red people and their descendants.... As the district of country occupied by the Choctaws is within the territorial limits of the United States over which the sovereignty of the latter has been only partially relinquished, citizens of the United States cannot divest themselves of allegiance to our government by a residence among them, nor even by becoming members of the Choctaw nation.... And the political condition of negro slaves owned by white men residing in the Choctaw country depends on that of their masters.. There is no provision of law concerning intercourse with the Indian tribes, or conferring jurisdiction upon courts, which can enable the United States to maintain a civil action against a debtor residing in the Indian country, upon a contract or indebtedness created in the States.... Page. 933 939 939 1310 1516 The 17th section of the act of 1834 applies only to tortious and violent, if not to felonious taking. Provision is made for such controversies in the 22d section, and the presumption of law is against the whites.. The United States undertook to guaranty against violence on both sides; but differences in matters of contract do not come within the 16th and 17th sections of the act..... 1516 1516 The Presidedt has no power to prevent exhibitions of Indians.. ...... Lovely Rogers, charged with participating in the murder of David Vann, treasurer of the Cherokee Indians, being a citizen of Georgi, is entitled to a trial in the United States courts, and may be surrendered to the proper officers of Arkansas by the Indian agents; or he may apply for a habeas corpus, which will be efficient for his relief, if he is entitled thereto, as represented.. 1565 1640 1640 1136 898 .691, 1190 1633 1196 1281 447 1414 .751, 1187 1577, 1578 2009 Interest on certificates issued in lieu of indents of interest pursuant to act of August 4, 1790, is not allowable.... Interest is in the nature of damages for withholding money which the party ought to pay, and would not or could not; but where the holder of a claim omits for a long space of time to make application for the payment, and the act of Congress directing payment is silent as to interest, he does not come within the reason of the rule.... 3 172 Interest ought not to be allowed on the Georgia claims settled by the commissioners under the treaty with the Creek nation of Indians of the 8th of January, 1821.... 358 Interest ought not to be allowed on the sums assessed by the commissioner in favor of the Georgia claimants, it not having been stipulated in the case, and the United States never having agreed to become responsible to the claimants further than the Indians, whose place they have taken, were.. Interest is not any part of a debt, nor a necessary consequence of a debt. By the polity of many nations, it is forbidden; and by those whose laws allow it in any case, it is not made a right in all. In cases of unliquidated damages, it is, in general, disallowed; and the Georgia claims being of that character, are excluded by the general rule.. 360 360 |