STATUTE I. May 7, 1822. Part of Florida annexed to the collection district of Saint Mary's, in Georgia. District of St. Augustine. District of Key West. CHAP. LXII.-An Act to provide for the collection of duties on imports and tonnage in Florida, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the ports, harbours, waters, and shores of all that part of the main land of Florida lying between the collection district of St. Mary's, in Georgia, and the river Nassau, with all the ports, harbours, 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. SEC. 2. And be it further enacted, That all the ports, harbours, 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. SEC. 3. And be it further enacted, That all the ports, harbours, 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: Proviso; Key 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. West annexed to the district of Apalachicola, &c. District of Apalachicola. District of Pensacola. The President authorized to establish ports of delivery, &c. The President to appoint a collector for each district. The President may make appointments in the recess, &c. Collectors and surveyors to give bond, &c. Collector of Pensacola to re SEC. 4. And be it further enacted, That all the ports, harbours, 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 desig nate. SEC. 5. And be it further enacted, That all the residue of the ports, harbours, 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. SEC. 6. And be it further enacted, That the President of the United States be, and he is hereby, authorized to establish such ports of delivery in each of said districts, and also in that portion of said territory annexed to the district of St. Mary's, as he may deem expedient. SEC. 7. And be it further enacted, That the President of the United States, with the advice and consent of the Senate, shall appoint a collector for each district, to reside at the port of entry, and a surveyor for the district of Pensacola, and a surveyor for, and to reside at, each port 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 forty days from the commencement of the next session of Congress thereafter. SEC. 8. And be it further enacted, That each collector and surveyor authorized by this act, shall give bond for the true and faithful discharge of his duties, in such sum as the President of the United States may direct and prescribe; and the collector for the district of Pensacola shall, ceive only three in addition to the fees and emoluments allowed by law, receive three per cent. commissions, and no more, on all moneys received and paid by him on account of the duties on goods, wares, and merchandise, and on the tonnage of vessels; and each other collector shall, in addition to the fees and emoluments allowed by law, receive an annual salary of five per cent. commissions in addi tion to fees and emoluments. hundred dollars, and three per cent. commissions, and no more, on all moneys received and paid by him on account of the duties on goods, wares, and merchandise, imported into his district, and on the tonnage of vessels; and each surveyor authorized by this act 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. SEC. 9. And be it further enacted, That ships or vessels arriving from and after the thirtieth day of June next, from the Cape of Good Hope, or from any place beyond the same, shall be admitted to make entry at the port of entry at Pensacola, and at no other port or place in Florida. SEC. 10. And be it further enacted, That all laws which impose any duties on the importation of any goods, wares, and merchandise, into said territory of Florida, or on the exportation of any goods, wares, and merchandise, from said territory, or on the tonnage of vessels, or which allow any drawback on the exportation of any goods, wares, or merchandise, other than such duties or drawbacks as are paid or allowed in other territories or places in the United States, are hereby repealed: Provided, That nothing in this act contained shall authorize the allowing of drawbacks on the exportation of any goods, wares, and merchandise, from any port 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 have been imported before the tenth day of July, one thousand eight hundred and twenty-one. SEC. 11. And be it further enacted, That the first section of an act passed on the second day of March, one thousand eight hundred and nineteen, entitled "An act supplementary to the acts concerning the coasting trade," be so far altered and amended that the sea coasts and navigable rivers of the United States be, and the same are hereby, divided into three great districts, the first and second to be and remain as therein described, and the third to include all the ports, harbours, 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. CHAP. LXXXVI.-An Act to relieve the people of Florida from the operation of certain ordinances. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That an ordinance numbered three, made and passed on the eighteenth of July, eighteen hundred and twenty-one, by Major General Andrew Jackson, governor of the provinces of the Floridas, entitled "An ordinance providing for the naturalization of the inhabitants of the ceded territory;" and an ordinance passed by the city council of St. Augustine, on the seventeenth of October, eighteen hundred and twenty-one, imposing and laying certain taxes on the inhabitants, and all other laws, ordinances, or resolves, so far as they enforce or confirm the same, be, and the same are hereby, repealed and declared null and void. SEC. 2. And be it further enacted, That if any person shall attempt to enforce any of said laws, ordinances, or resolves, by demanding and receiving any tax, imposition, or assessment, authorized or prescribed thereby, such person shall, on conviction thereof, be punished by fine, not exceeding two hundred dollars, or by imprisonment, not exceeding six months, either or both of said punishments. SEC. 3. And be it further enacted, That the President of the United States shall, in such manner and under such regulations as he may direct and prescribe, cause to be refunded to any person any sum of money which he may have paid under or by virtue of either of said laws, ordinances, or resolves. SEC. 4. And be it further enacted, That this act shall be in force from and after the first day of June next. APPROVED, May 7, 1822. CHAP. LXXXVII.—An Act authorizing the location of certain school lands in the state of Indiana. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the register of the land office at Brookville be, and he is hereby, authorized to select school lands within the said district, equivalent to the one thirty-sixth part of the reservation commonly called Clark's Grant, for the use of schools within the same; and the register of the land office at Terre Haute is hereby in like manner authorized to select within his district school lands, which, together with the eleven sections already selected, shall be equivalent to the one thirty-sixth part of the Vincennes donation tract, for the use of schools within said tract. It shall be the duty of the registers aforesaid, in making such selections, to be confined to section numbered twenty, in each township, and the selection so made shall be reserved from sale. APPROVED, May 7, 1822. STATUTE I. May 7, 1822. The 14th section of the act of March 2, 1821, ch. 13, repealed. CHAP. LXXXVIII.-An Act to repeal the fourteenth section of "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the fourteenth section of the act, entitled "An act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one, be, and the same is hereby, repealed. APPROVED, May 7, 1822. STATUTE I. May 7, 1822. [Obsolete.] Sums appro priated Fortifica tions. Fort Dela ware. Fort Washington. Fort Monroe. Mobile Point. CHAP. LXXXIX.-An Act making further appropriations for the military service of the United States for the year eighteen hundred and twenty-two, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, to wit: For fortifications, to each specifically, as follows, viz: For Fort Delaware, twenty thousand dollars. For Fort Washington, twenty-five thousand dollars. For Fort Monroe, seventy-five thousand dollars. For Fort Calhoun, fifty thousand dollars. For collecting materials for a fortification at Mobile Point, in the state of Alabama, fifty thousand dollars. For the Rigolets and Chef Menteur, one hundred thousand dollars. For collecting materials for a fort on the right bank of the Mississippi, opposite Fort St. Philip, thirty thousand dollars. For contingencies and repairs of fortifications, twenty thousand dollars. For the national armories, three hundred and sixty thousand dollars. Collecting materials, &c. Repairs of fortifications, &c. National armories. Current ex penses of ordnance service, For the preservation of the arms and other public property in store, including the hire of workmen, and the purchase of paint, oil and other materials necessary for the purpose, eight thousand eight hundred and army, &c. thirty-eight dollars. To meet ordinary requisitions for army supplies, viz: For paint and oil for the preservation of the guns and carriages in the fortifications, and for artificers' and intrenching tools, six thousand three hundred and forty dollars. Army supplies. Miscellaneous For the miscellaneous expenses at arsenals, forage for public horses, stationery, &c. two thousand eight hundred and sixty-two expenses at ar dollars. For the reparation of defective arms, including the wages of armorers, the purchase of iron, steel, coals, tools, &c., eleven thousand nine hundred and sixty dollars. For repairs of arsenals, one thousand dollars. For the preservation of ammunition, five thousand dollars. For the payment of outstanding claims which accrued in one thousand eight hundred and nineteen and one thousand eight hundred and twenty, at Pittsburg, and not presented until eighteen hundred and twentyone, and unpaid for want of an appropriation applicable to the object, one thousand seven hundred dollars. For arrearages in the War Department prior to the first of July, one thousand eight hundred and seventeen, ninety thousand dollars. For pay allowed by law to Indian agents, twenty-two thousand three hundred dollars. For sub-agents, eleven thousand three hundred and thirty-eight dollars. For presents to Indians, allowed by the law of eighteen hundred and two, fifteen thousand dollars. For contingent expenses of the Indian department, seventy-five thou sand dollars. For making good a deficit of the appropriation of the last year, in the same, seventy thousand dollars. senals. Reparation of defective arms. Repairs of arsenals. Preservation of ammunition. Payment of outstanding claims, &c. Arrearages in War Depart ment. Pay to Indian agents, &c. Presents to Indians. Contingent expenses. Deficit in the appropriation of 1821. Quartermaster For payment of a deficit in the appropriation for the quartermaster general's department, for eighteen hundred and twenty-one, seventy thou- general's desand dollars. For completing the barracks at Baton Rouge, twelve thousand dollars. For constructing new roofs for the barracks at Carlisle, three thousand five hundred dollars. For the payment of the expenses of the militia court martial in Pennsylvania, of which lieutenant colonel Thomas Moore and David Fore were successively presidents, eight hundred and forty dollars and eighty four cents. For the payment of the expenses of the militia court martial in Pennsylvania, of which Thomas C. Miller was president, one thousand five hundred and ninety-eight dollars and seventy-eight cents. For the payment of the expenses of the militia court martial in Pennsylvania, of which colonel James Wood was president, seven hundred and ninety-eight dollars and eighty-four cents. partment. Barracks at Baton Rouge. Barracks at Carlisle. Expenses of militia courts sylvania. martial in Penn Court martial in Pennsylvania. Court martial in Pennsylvania. Balances of For the payment of the balance of the expenses of the militia court martial in the state of New York, of which brigadier general Gerard expenses of militia court martial in New York. Balance of appropriation made Feb. 19, 1818, &c. For survey Steddiford was president, nineteen thousand two hundred and sixteen dollars and twenty-nine cents. For the balance of an appropriation made nineteenth of February, eighteen hundred and eighteen, to defray the expenses of employing a brigade of inilitia, being the amount thereof carried to the surplus fund, twelve thousand three hundred and seventy-four dollars and fifty seven cents. For replacing the like amount of appropriations made for the survey of certain ports, of certain ports and harbours, which has been carried to the surplus fund, the sum of one thousand three hundred and thirty-four dollars and seventy-eight cents. &c. For medals for officers of the army, &c. For relief of Col. William Lawrence, &c. For carrying into effect the For replacing the like amount appropriated to procure medals for officers of the army, carried to the surplus fund, the sum of eight thousand two hundred dollars. For replacing the like amount appropriated for the relief of Colonel William Lawrence and others, carried to the surplus fund, the sum of one thousand four hundred and forty dollars and twelve cents. For carrying into effect the treaty concluded at Chicago, on the treaty conclud- twenty-ninth day of August, eighteen hundred and twenty-one, the ed at Chicago, sum of eighteen thousand one hundred and seven dollars and ten &c. For carrying into effect the cents. For carrying into effect so much of the fourth article of the treaty treaty with the of the eighth of January, one thousand eight hundred and twenty-one, Creeks, in re- between the United States and the Creek nation, in relation to the comlation to compensation due to the citizens of Georgia by the Creek nation, fifty thousand pensation of citizens of Georgia. For holding treaties with the Cherokees and Out of money dollars. For the purpose of holding treaties with the Cherokee and Creek tribes of Indians, for the extinguishment of the Indian title to all the lands within the state of Georgia, pursuant to the fourth section of the first article of the agreement and cession, concluded between the United States and the state of Georgia, on the twenty-fourth of April, one thousana eight hundred and two, the sum of thirty thousand dollars. SEC. 2. And be it further enacted, That the several appropriations in the treasury. hereinbefore made, shall be paid out of any money in the treasury not otherwise appropriated. No money to be advanced or paid on any contract, or to any officer in arrears SEC. 3. And be it further enacted, That no money appropriated by this act, or by the act, entitled "An act making appropriations for the military service of the United States for the year one thousand eight hundred and twenty-two," shall be advanced or paid to any person on any contract, or to any officer who is in arrears to the United States, until he shall have accounted for, and paid into the treasury, all sums for 1822, ch. 11. which he may be liable. APPROVED, May 7, 1822. until he has accounted and paid, &c. STATUTE I. May 7, 1822. The second section of act CHAP. XC.—An Act further to amend the several acts relative to the Treasury, Be it enacted by the Senate and House of Representatives of the United (a) In general, the official duties of one of the executive departments, whether imposed by acts of Congress, or by resolutions, are not merely ministerial duties. The head of an executive department of the government, in the administration of the various and important concerns of his office, is continually required to exercise judgment and discretion. He must exercise his judgment in expounding the laws and resolutions of Congress, under which he is required, from time to time, to act. If he doubts, he has a right to call on the attorney general to assist him with his counsel; and it would be difficult to imagine why a legal adviser was provided by law for the heads of departments, as well as |