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· No. 1.
STATE OF OHIO.
Act 30th April, 1802, sec. 7, provides that the following propositions be, and the same are hereby offered to the convention of the eastern state of the said territory, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First. That the section number sixteen, in every township, and where such section has been sold, granted, or disposed of, other lands equivalent thereto, and must contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools. Second. That the six miles reservation, including the salt springs, commonly called the Sciota salt springs, the salt springs near the Muskingum river, and in the inilitary tract, with the sections of land which include the same, shall be granted to the said state, for the use of the people thereof, the same to be used under such terms, and conditions, and regulations, as the legislature of the said state shall direct: Provided, The said legislature shall never sell nor lease the same for a longer period than ten years. Third. That one twentieth part of the nett proceeds of the lands lying within the said state, sold by congress, from and after the thirtieth day of June next, after deducting all expenses incident to the same, shall be applied to the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the Ohio, to the said state, and through the same ; such roads to be laid out under the authority of congress, with the consent of the several states through which the road shall pass : Provided always, That the three foregoing propositions herein offered, are on the conditions that the convention of the said state shall provide by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by congress, from and after the 30th day of June next, shall be and remain exempt from any tax laid by order or under authority of the state, whether for state, county, township, or any other purpose whatever, for the term of five years, from and after the day of sale.
The act 3d March, 1803, section 1, gave certain lands in the United States military tract, in the Connecticut reserve, and in the Virginia military reservation, together with the one-thirty-sixth part of all lands of the United States lying in the state of Ohio, to which the Indian title had not been extinguished, and which might there. after be purchased of the Indian tribes by the United States, such part to consist of No. 16, in each township, to the state of Ohio, for the use of schools.
The second and third sections of the same act provide that the secretary of the treasury shall, from time to time, and whenever the quarterly accounts of the re. ceivers of public moneys of the several land offices shall be settled, pay three per cent. of the nett proceeds of the lands of the United States, lying within the state of Ohio, which, since the thirtieth day of June last, have been, or hereafter may be, sold by the United States, after deducting all expenses incidental to the same, to such person or persons as may be authorized by the legislature of the said state to receive the same, which sums, thus paid, shall be applied to the laying out, opening, and making roads, within the said state, and to no other purpose whatever ; and an annual account of the application of the same shall be transmitted to the secretary of the treasury, by such officer of the state as the legislature thereof shall direct": and it is hereby declared, that the payments thus to be made, as well as the several appropriations for schools made by the preceding section, are in conformity with, and in consideration of, the conditions agreed on by the state of Ohio, by the ordi. dance of the convention of the said state, bearing date the twenty-ninth day of November last.
The sections of land heretofore promised for the use of schools, in lieu of such of the sections, No. 16, as have been otherwise disposed of, shall be selected by the secretary of the treasury, out of the unappropriated reserved sections, in the most contiguous townships.
Sections 4 and 5 of the same act, vested in the legislature of the state, one township, or lands equivalent thereto, for the purpose of establishing an academy.
By acts 16th April, 1816, and 28th December, 1824, and 1st February, 1826, the state was empowered to sell the lands theretofore reserved and appropriated to its use by congress.
TREATY WITH BRAZIL.
Made at Rio Janeiro, 12th December, 1828.
Art. 1. Similar to section 1, of treaty with Colombia. (See text, art. 955, p. 268.)
Art. 2. Similar to article 2, treaty with Colombia, (Art. 956,) with the following addition : “ It is understood, however, that the relations and conventions which now exist, or may hereafter exist, between Brazil and Portugal, shall form an excep. tion to this article."
Art. 3. The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries, on the liberal basis of perfect equality and reciprocity, mutually agree, that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures, and merchandise : and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which native citizens or subjects do or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws.
Art. 4. Is like article 4, of the treaty with “The Federation of Central America." (See art. 986,) with this addition : "The government of the United States, how. ever, considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian, when the proprietor and captain are subjects of Brazil, and the papers are in legal form."
Art. 5. Like to article 5 of treaty with “ The Federation of Central America." (See art. 987.)
Art. 6. Liké article 4 of treaty with Colombia. (See art. 958.)
Art. 11. The citizens or subjects of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise ; and their representatives, being citizens or subjects of the other party, shall succeed to the said personal goods, whether by testa. ment, or ab intestato, and they may take possession thereof, either by themselves, or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein said goods are, shall be subject to pay in like cases : and if, in the case of real estate, the said heirs would be prevented from entering into the possession of the inheritance, on account of their character of aliens, there shall be granted to them the term of three years, to dispose of the same, as they may think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.
Art. 12. Both the contracting parties promise and engage formally to give their special protection to the persons and property of the citizens and subjects of each other, of all occupations, who may be in their territories, subject to the jurisdiction of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice for their judicial intercourse, on the same terms which are usual and customary with the natives or citizens and subjects of the country in which they may be; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors, as they may judge proper in all their trials at law.
Art. 13. Like article 11 of treaty with Colombia.
Art. 15. Like article 17 of treaty with Mexico. (See page 286.)
Art. 19. And whereas it frequently happens that vessels sail for a port or a place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, she shall again attempt to enter ; but she shalĩ be permitted to go to any other port or place she shall think proper : Nor shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded, or invested by the other, be restrained from quitting such place with her cargo, nor if found therein, after the reduction and surrender, shall such vessel or her cargo, be liable to confiscation, but they shall be restored to the owners thereof. And if any vessel having thus entered the port before the blockade took place, shall take on board a cargo after the blockade be established, she shall be subject to being warned by the blockading forces to return to the port blockaded, and discharge the said cargo, and if after receiving the said warning the vessel shall persist in going out with the cargo, she shall be liable to the same consequences as a vessel attempting to enter a blockaded port after being warned off by the blockading forces.
Art. 20. Like article 18 of treaty with Chile, p. 294.
TREATY WITH MOROCCO. The treaty, as given at page 264 of the text, was renewed on the 1st October, 1836. The supplementary article, (art. 954,) is omitted, and the following addition is made to the 25th article : “ After the expiration of which term, the treaty shall continue to be binding on both parties, until the one shall give twelve months' notice to the other, of an intention to abandon it, in which case its operations shall cease at the end of the twelve months.”
The following act, supplementary to the act, entitled, “ An act to amend the judicial system of the United States," was passed 3d March, 1837, after that part of the Digest which relates to the judiciary had been printed.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the supreme court of the United States shall hereafter consist of a chief justice, and eight associate judges, any five of whom shall constitute a quorum ; and, for this purpose, there shall be appointed two ad. ditional justices of said court, with the like powers, and to take the same oaths, perform the same duties, and be entitled to the same salary as the other associate judges. Hereafter, the districts of Vermont, Connecticut, and New York, shall constitute the second circuit ; the district of New Jersey, and the eastern and western districts of Pennsylvania, shall constitute the third circuit; the district of Maryland and the district of Delaware shall constitute the fourth circuit; the districts of Virginia and the district of North Carolina shall constitute the fifth circuit; the districts of South
Carolina and Georgia shall constitute the sixth circuit; the districts of Ohio, Indiana, Illinois, and Michigan, shall constitute the seventh circuit; and the circuit courts shall be held at Columbus, in the Ohio district, on the third Mondays in May and December ; at Detroit, in the Michigan district, on the fourth Monday in June; at Indianapolis, in the Indiana district, on the first Monday in December ; at Vandalia, in the Illinois district, on the last Monday in November, in each year, the districts of Kentucky, east and west Tennessee, and Missouri, shall form and be called the eighth circuit; and the districts of Alabama, the eastern district of Louisiana, the district of Mississippi, and the district of Arkansas, shall form and be called the ninth circuit.
Sec. 2. That the sessions of said circuit courts shall be held twice in each year in the following districts, to wit : commencing on the eastern district of Louisiana, at New Orleans, on the third Monday of May and on the third Monday of November, annually ; in the district of Mississippi, at Jackson, on the first Monday of May, and on the first Monday of November, annually ; in the southern district of Alabama, at Mobile, on the second Monday of April and the second Monday of October, an. nually ; in the western district of Pennsylvania, at Pittsburg, on the third Mondays of May and November, annually; in the district of Delaware, at New Castle, on the Tuesday next following the fourth Monday of May, and at Dover on the Tuesday next following the third Monday of October, annually; and in the district of Mary. land, at Baltimore, on the first Monday of April and the first Monday of October, annually; in the northern district of New York, at Albany, on the second Tuesday of June and the third Tuesday of October, annually; and there shall be holden a term of said circuit courts, annually, at Lewisburg, in the western district of Vir. ginia, commencing on the first Monday of August; at Huntsville, in the northern district of Alabama, commencing on the first Monday of June ; at St. Louis, in the district of Missouri, commencing on the first Monday in April; and at Little Rock, in the district of Arkansas, on the fourth Monday of March ; and that no process, re. cognizance, or bail bond, returnable to the next term of either of said courts, shall be avoided, or impaired, or affected by this change, as to the commencement of said term; but that all process, bail bonds, and recognizances returnable to the next term of either of said courts, shall be returnable and returned to the court next held, according to this act, in the same manner as if so made returnable on the face thereof, and shall have full effect accordingly; and that all continuances to either of said courts shall be from the last term to the court appointed by this act, and the day herein appointed for the commencement of the next session thereof : Provided, That nothing herein contained shall prevent the judge of the northern district of New York from holding the courts at Utica, nor the judge of the western district of Pennsylvania from holding the courts at Williamsport, at the same time and with the same power and jurisdiction as heretofore.
Sec. 3. That so much of any act or acts of congress as vests in the district courts of the United States, for the districts of Indiana, Illinois, Missouri, Arkansas, the eastern district of Louisiana, the district of Mississippi, the northern district of New York, the western district of Virginia, and the western district of Pennsylvania, and the districts of Alabama, or either of them, the power and jurisdiction of circuit courts, be, and the same is hereby repealed; and there shall hereafter be circuit courts held, for said districts, by the chief or associate justices of the supreme court, as. signed or allotted to the circuit to which such districts may respectively belong, and the district judges of such districts, severally and respectively, either of whom shall constitute a quorum; which circuit courts, and the judges thereof, shall have like powers, and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district courts and the judges thereof shall have like powers and exercise like jurisdiction as the district courts, and the judges thereof, in the other circuits. From all judgments and decrees, rendered in the district courts of the United States, for the western district of Louisiana, writs of error and appeals shall lie to the circuit court in the other district in said state, in the same manner as from decrees and judgments rendered in the districts within which a circuit court is provided by this act.
Sec. 4. That all actions, suits, prosecutions, causes, pleas, process, and other proceedings relative to any cause, civil or criminal, (which might have been brought, and could have been originally cognizable in a circuit court,) now pending in, or returnable to, the several district courts of Indiana, Illinois, Missouri, Mississippi, Arkansas, Michigan, the eastern district of Louisiana, the districts of Alabama, the northern district of New York, the western district of Pennsylvania, and western district of Virginia, acting as circuit courts on the first day of April next, shall be, and are hereby declared to be, respectively, transferred, returnable, and continued to, the several circuit courts constituted by this act, to be holden within the said dis
tricts, respectively; and shall be heard, tried, and determined therein, in the same manner as if originally brought, entered, prosecuted, or had, in such circuit courts. And the said circuit courts shall be governed by the same laws and regulations as apply to the other circuit courts of the United States ; and the clerks of the said courts, respectively, shall perform the same duties, and shall be entitled to receive the same fees and emoluments which are by law established for the clerks of the other circuit courts of the United States. The allotment of their chief justice and the associate justices of the said supreme court to the several circuits shall be made as heretofore.
Sec. 5. All acts and provisions inconsistent with this act, be and the same are hereby repealed.
The following act “ to extend the jurisdiction of the District Court of the United
States for the District of Arkansas,” was passed 1st March, 1837. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District Court of the United States for the District of Arkansas, shall have the same jurisdiction and power, in all respects whatever, that was given to the several district courts of the United States by an act of congress approved March thirtieth, eighteen hundred and two, entitled, “An Act to regulate trade and intercourse with the Indian tribes, and to pre. serve peace on the frontiers," or by any subsequent acts of congress, concerning crimes, offences, or misdemeanors, which may be committed against the laws of the United States in any town, settlement, or territory belonging to any Indian tribe in amity with the United States, of which any other district court of the United States may have jurisdiction.
Resolution to enable the postmaster more readily to change the commencement of
the contract year in the post-office department. Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the postmaster-general be, and he is hereby authorized and empowered to let the contracts for the transportation of the mails in those sections of the United States where they expire on the thirty-first days of December, eighteen hundred and thirty-seven, eighteen hundred and thirty-eight, and eighteen hundred and thirty-nine, respectively, for four years and six months, so as to cause them to terminate on the thirtieth day of June, eighteen hundred and forty-two, eighteen hundred and forty-three, and eighteen hundred and forty-four, to the end that the contract may commence on the first day of July, instead of the first day of January.
The following provisions are enacted by Act 3d March, 1837, “ to provide for cer
tain harbours,” &c. sec. 1. That the sum of seventy thousand dollars be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated, for the erection of a marine hospital in the city of New Orleans, in that part of said city which shall be designated by the secretary of the treasury, and for the purchase of lands on which to erect said marine hospital; and that the president of the United States be, and he is hereby authorized to select and cause to be purchased, for the use and benefit of sick seamen, boatmen, and all other navigators on the western rivers and lakes, suitable sites for marine hospitals : Provided, That the number thereof shall not exceed for the river Mississippi three, for the river Ohio, three. and for Lake Erie, one ; and to enable the president to make such selection and purchase, he may call to his aid one or more medical mon of the army, not exceeding three in all, to examine and report on such sites, and to ascertain at what price the same can be had; and that the sum of fifteen thousand dollars be, and the