been extinguished, at 30th October, this act; and the public lands therein shall be sold, on the same dian title has terms and conditions, and in the same manner, and patents shall issue for the lands so sold, agreeably to the provisions of the tached, after laws for the disposal of the public lands of the United States in 1822, to the the state of Mississippi, with the exception of the section num- district estab lished by this bered sixteen, in each township, which shall be reserved for the act, &c. use of schools within the same, and of such other reservations as except, &c. The register of now are made, or hereafter may be made, by law. And it shall the district of be the duty of the register of the district of Madison county, un- Madison county der the direction of the commissioner of the general land office, books, &c. to transfer such books, maps, and records, or transcripts thereof, to the register appointed for the district established by the first section of this act, as may be necessary to carry into complete effect the provisions of this section of this act. to transfer district east district of 4. That from and after the thirtieth day of October next, Part of the such part of the district east of Pearl river, as lies within the of Pearl river state of Mississippi, be attached to, and constituted a part of, attached, &c. The president the district of Jackson county; and the president of the United to cause the States shall cause the land office to be removed to such place, land office to be removed, within the district of Jackson county, as established by this act, &c. as he may deem convenient; and that part of the district of Part of the Jackson county which lies within the state of Alabama shall be Jackson counattached to, and constitute a part of, the district east of Pearl ty attached river, in Alabama; and it shall be the duty of the register of the east of Pearl district east of Pearl river, and of the register of the district of Jackson county, each, to transfer to the other, such books, re- Books, &c. to cords, surveys, or the transcripts thereof, as shall be necessary to be transferred carry into complete effect the provisions of this section of this by the regis act. [Approved, May 6, 1822.] CHAP. 56, An act in addition to the act concerning navigation, and also to authorize the ap pointment of deputy collectors. to the district river. lers, &c. islands or co to vessels of 1. Be it enacted, &c. That, on satisfactory evidence being The president, given to the president of the United States that the ports in the being satisfied that the ports islands or colonies in the West Indies, under the dominion of of the British Great Britain, have been opened to the vessels of the United West India States, the president shall be, and hereby is, authorized to issue lonies have his proclamation, declaring that the ports of the United States been opened shall thereafter be open to the vessels of Great Britain employed the U. States, in the trade and intercourse between the United States and such may issue his proclamation, islands or colonies, subject to such reciprocal rules and restric- declaring, &c. tions as the president of the United States may, by such procla- v subject, &c. mation, make and publish, any thing in the laws, entitled "An 1677. 1800. act concerning navigation," or an act, entitled "An act supplementary to an act concerning navigation," to the contrary notwithstanding. of the signa ty, &c. con cerning the navigation or § 2. That, in the event of the signature of any treaty or con- In the event vention concerning the navigation or commerce between the ture of a treaUnited States and France, the president of the United States be, and is hereby, authorized, should he deem the same expedient, by proclamation, to suspend, until the end of the next session of congrèss, the operation of the act, entitled "An act to impose a new tonnage duty on French ships and vessels," and for other 1803. commerce be Vol. iii. p. the president tween the U. purposes; and also to suspend, as aforesaid, all other duties on 6. and France, French vessels, or the goods imported in the same, which may may, by proc- exceed the duties on American vessels, and on similar goods imlamation, susported in the same. pend, &c. until, &c. 1st and 2d sections in force till, &c. The 8d, 4th, and 7th, sections of the act of 3d March, 1817, continuing in force an act, &c. revived. Vol. iii. p. 1649. Vol. ii. p. 838. Repealed. Vol. iv. p. 2400. The 7th sec tion of the act ed. ents and agents may 3. That the aforesaid first and second sections of this act shall continue in force to the end of the next session of congress, and no longer. 4. That the third, fourth, and seventh, sections of the act passed the third day of March, one thousand eight hundred and seventeen, entitled "An act to continue in force an act further to provide for the collection of duties on imports and tonnage, passed the third day of March, one thousand eight hundred and fifteen, and for other purposes," be, and the same are hereby, revived and made perpetual. [Approved, May 6, 1822.] CHAP. 58. An act to amend an act, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved thirtieth March, one thousand eight hundred and two. 1. Be it enacted, &c. That the seventh section of the act, enof 30th March, titled "An act to regulate trade and intercouse with the Indian 1802, repeal tribes and to preserve peace on the frontiers," shall be, and the Superintend- same is hereby, repealed; and from and after the passing of this act, it shall be lawful for the superintendents of Indian affairs in grant licenses. the territories and Indian agents, under the direction of the president of the United States, to grant licenses to trade with Indian Licenses to be tribes; which licenses shall be granted to citizens of the United granted only to citizens, States, and to none others, taking from them bonds with securiwho are to ties, in the penal sum not exceeding five thousand dollars, progive bond with portioned to the capital employed, and conditioned for the due observance of the laws regulating trade and intercourse with the Indian tribes; and said licenses may be granted for a term not exceeding seven years for the trade with the remote tribes of Indians beyond the Mississippi, and two years for the trade with all the other tribes. And the superintendents and agents shall return to the secretary of war, within each year, an abstract of all licenses granted, showing by and to whom, when, and where, granted, with the amount of the bonds and capital employed, to be laid before congress, at the next session thereof. securities, &c. Licenses for 4 years for trade with re mote tribes, and two years with others. Superintendents and agents to re turn abstract The president may direct Indian agents, &c. to cause the stores and packages of goods of tra-, ders to be searched for &c. § 2. That it shall and may be lawful for the president of the United States, in execution of the power vested in him by the twenty-first section of the act of thirtieth March, one thousand eight hundred and two, aforesaid, to which this is an amendment, to direct Indian agents, governors of territories acting as superintendents of Indian affairs, and military officers, to cause ardent spirits, the stores and packages of goods of all traders to be searched, upon suspicion or information that ardent spirits are carried into the Indian countries by said traders in violation of the said twenty-first section of the act to which this is an amendment; If ardent spir- and if any ardent spirits shall be so found, all the goods of the the goods are said traders shall be forfeited, one half to the use of the informforfeited; er, the other half to the use of the government, his license caninformer, &c. celled, and bond put in suit. its are found, half to the of annuities, agents, &c. disbursement 3. That all purchases for and on account of Indians, for an- All purchases nuities, presents, and otherwise, shall be made by the Indian &c. to be agents and governors of territories acting as superintendents, made by within their respective districts; and all persons whatsoever, Persons trustcharged or trusted with the disbursement or application of mo- ed with the ney, goods, or effects, of any kind, for the benefit of Indians, of money, shall settle their accounts annually, at the war department, on goods, &c. to the first day of September; and copies of the same shall be laid settle their acbefore congress at the commencement of the ensuing session, by ally, &c. Copies of the the proper accounting officer, together with a list of the names accounts to be of all persons to whom money, goods, or effects, had been deliv- laid before ered within the said year, for the benefit of the Indians, specify a list of the ing the amount and object for which it was intended, and show-names of those ing who are delinquent, if any, in forwarding their accounts ac- ey, &c. had cording to the provisions of this act. counts annu congress, with to whom mon been deliver ed, &c. property, the burthen of upon the white person, &c. The president may require curity, &c. proof to rest additional se 4. That, in all trials about the right of property, in which In trials about Indians shall be party on one side and white persons on the oth- the right of er, the burthen of proof shall rest upon the white person, in ev- where, &c. ery case in which the Indian shall make out a presumption of title in himself from the fact of previous possession and ownership. $ 5. That it shall and may be lawful for the president of the United States, from time to time, to require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or ap- from persons plication of money, goods, or effects, of any kind, for the bene- entrusted with fit of the Indians. 6. That the president of the United States, by and with the The president advice and consent of the senate, may appoint a superintendent may appoint a of Indian affairs, to reside at St. Louis, whose powers shall ex- ent of Indian tend to all Indians frequenting that place, whose salary shall be affairs, &c. fifteen hundred dollars per annum; and one agent for the tribes And an agent within the limits of East and West Florida, with a salary of fif- West Florida, teen hundred dollars. [Approved, May 6, 1822.] the disburse ment, &c. superintend in East and &c. CHAP. 61. An act to continue in force" An act declaring the consent of congress to acts of Vol. iii. p. the state of South Carolina, authorizing the city council of Charleston to impose and col- 1606. lect a duty on the tonnage of vessels from foreign ports; and to acts of the state of Georgia, authorizing the imposition and collection of a duty on the tonnage of vessels in the ports of Savannah and St. Mary's." 1816, declar gress to acts of § 1. Be it enacted, &c. That the act, entitled "An act de- The act of claring the consent of congress to acts of the state of South Ca- 29th April, rolina, authorizing the city council of Charleston to impose and ing the concollect a duty on the tonnage of vessels from foreign ports; and sent of conto acts of the state of Georgia, authorizing the imposition and South Carolicollection of a duty on the tonnage of vessels in the ports of na and Georgia, continued Savannah and St. Mary's," passed the twenty-ninth of April, for three one thousand eight hundred and sixteen, shall be, and the same years, &c. is hereby, continued in force for three years, and to the end of the next session of congress thereafter: Provided always, and it is hereby further enacted, That it shall be the duty of the city nual account council of Charleston, and of the collectors of the ports of Sa- of the sums vannah and St. Mary's, to transmit to the secretary of the trea- to be transmit Proviso; an collected, &c. retary of the ted to the sec- sury an annual account of the sums collected, and of the application of the same, for the purposes aforesaid. [Approved, May 7, 1822.] treasury. Part of Flori da annexed to Mary's, in Georgia. CHAP. 62. An act to provide for the collection of duties on imports and tonnage in Florida, and for other purposes. § 1. Be it enacted, &c. That all the ports, harbors, waters, and the collection shores, of all that part of the main land of Florida lying between district of St. the collection district of St. Mary's, in Georgia, and the river Nassau, with all the ports, harbors, waters, and shores, of all the Islands opposite and nearest thereto, be, and hereby are, annexed to, and made and constituted a part of, the collection district of St. Mary's, in Georgia. District of St. District of Key West. Proviso; Repealed. Vol. iv. p. 2313. District of District of 2. That all the ports, harbors, shores, and waters, of the main land of Florida, and of the Islands opposite and nearest thereto, extending from the said river Nassau to Cape Sable, be, and the same are hereby, established a collection district, by the name of the district of St. Augustine, whereof St. Augustine shall be the only port of entry. 3. That all the ports, harbors, shores, and waters, of the main land of Florida, and of the Islands opposite and nearest thereto, extending from Cape Sable to Charlotte Bay, be, and the same are, established a collection district, by the name of the district of Key West, and a port of entry may be established in said district, at such place as the president of the United States may designate: Provided, That until the president of the United States shall deem it expedient to establish a port of entry in the district of Key West, and a collector shall be appointed for said district, the same district is annexed to, and shall be a part of, the district of Apalachicola. 4. That all the ports, harbors, shores, and waters, of the main land of said Florida, and of the islands opposite and nearest thereto, extending from Charlotte Bay to Cape St. Blas, be, and hereby are, established a collection district, by the name of the district of Apalachicola; and a port of entry shall be established for said district, at such place as the president of the United States may designate. $.5. That all the residue of the ports, harbors, waters, and shores, of said Florida, and of the islands thereof, be, and the same are, established a collection district, by the name of the district of Pensacola, whereof Pensacola shall be the only port of entry. The president 6. That the president of the United States be, and he is authorized to establish ports hereby, authorized to establish such ports of delivery in each of of delivery, as said districts, and also in that portion of said territory annexed he may deem expedient. to the district of St. Mary's, as he may deem expedient. The president 7. That the president of the United States, with the advice and senate to appoint a col- and consent of the senate, shall appoint a collector for each disdistrict, a sur-trict, to reside at the port of entry, and a surveyor for the disveyor for Pen- trict of Pensacola, and a surveyor for, and to reside at, each port sacola, &c. of delivery authorized by this act: But the president, in the recess of the senate, may make temporary appointments of any such collector or surveyor, whose commission shall expire in lector for each The president may make forty days from the commencement of the next session of con- temporary ap pointments, gress thereafter. &c. surveyors to per cent.com dition to fees collector 500 § 8. That each collector and surveyor authorized by this act, Collectors and shall give bond for the true and faithful discharge of his duties, give bond, &c. in such sum as the president of the United States may direct Collector of and prescribe; and the collector for the district of Pensacola Pensacola to shall, in addition to the fees and emoluments allowed by law, re- receive only 3 ceive three per cent. commissions, and no more, on all moneys missions in ad received and paid by him on account of the duties on goods, and emoluwares, and merchandise, and on the tonnage of vessels; and each ments. other collector shall, in addition to the fees and emoluments al- Each other lowed by law, receive an annual salary of five hundred dollars, dolls per anand three per cent. commissions, and no more, on all moneys re- num and 3 per ceived and paid by him on account of the duties on goods, sions, &c. wares, and merchandise, imported into his district, and on the Each surveytonnage of vessels; and each surveyor authorized by this act or 300 dolls. shall, in addition to the fees and emoluments allowed by law, receive an annual salary of three hundred dollars; and each such collector and surveyor shall exercise the same powers, be subject to the same duties, and be entitled to the same privileges and immunities, as other collectors and surveyors of the customs of the United States. cent. commis per ann. in addition, &c. Each collector and survey the to exercise the same powers, &c. 9. That ships or vessels arriving from and after the thirtieth Ships, &c. arriving after day of June next, from the Cape of Good Hope, or from any 30th June, place beyond the same, shall be admitted to make entry at the 1922, from the Cape of Good port of entry at Pensacola, and at no other port or place in Hope, &c. Florida. &c. or allow other than ed in other Proviso; no § 10. That all laws which impose any duties on the importa- All laws imtion of any goods, wares, and merchandise, into said territory of posing duties, Florida, or on the exportation of any goods, wares, and mer- ing drawback, chandise, from said territory, or on the tonnage of vessels, or such as are which allow any drawback on the exportation of any goods, paid or allow wares, or merchandise, other than such duties or drawbacks as territories, are paid or allowed in other territories or places in the United &c. repealed. States, are hereby repealed: Provided, That nothing in this act drawbacks excontained shall authorize the allowing of drawbacks on the ex- cept on goods, &c. imported portation of any goods, wares, and merchandise, from any port directly, &c. or place of said territory, other than on those which shall have been imported directly into the same from a foreign port or place; and no drawback shall be allowed on any goods, wares, or merchandise, exported from any port of Florida, which shall imported prior have been imported before the tenth day of July, one thousand to 10th July eight hundred and twenty-one. No drawback on goods, &c. 1821.. vide the sea into three 11. That the first section of an act passed on the second The 1st secday of March, one thousand eight hundred and nineteen, enti- tion of an act of 2d March, tled "An act supplementary to the acts concerning the coasting 1819, altered trade," be so far altered and amended that the sea coasts and so far as to dinavigable rivers of the United States be, and the same are here- coasts, &c. by, divided into three great districts, the first and second to be great districts, and remain as therein described, and the third to include all the &c. ports, harbors, sea coasts, and navigable rivers, between the southern limits of Georgia and the river Perdido; and the said third great district, so established, shall be subject to all the regulations and provisions of said act. [Approved, May 7, 1822.] Vol. iii. p. 1727. |