STATUTE II. March 3, 1823. Powers of the governor and legislative council of Michigan. Vol. i. 51. Act of Jan. Council to consist of nine persons. Mode of elec tion. CHAP. XXXVI.—An Act to amend the ordinance and acts of Congress for the government of the territory of Michigan, and for other purposes. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all citizens of the United States, having the qualifications prescribed by the act, entitled "An act authorizing the election of delegate from the Michigan territory to the Congress of the United States, and extending the right of suffrage to the citizens of said territory," approved February the sixteenth, eighteen hundred and nineteen, shall be entitled to vote at any public election in the said territory, and shall be eligible to any office therein. SEC. 2. And be it further enacted, That the same powers which were granted to the governor, legislative council, and House of Representatives, of the North-western territory, by the ordinance of Congress, passed on the thirteenth day of July, seventeen hundred and eighty-seven, and which powers are transferred to the territory of Michigan by the act, entitled "An act to divide the Indiana territory into two separate governments," approved January the eleventh, eighteen hundred and five, are 11, 1805, ch. 5. hereby conferred upon, and shall be exercised by the governor and a legislative council: which council shall consist of nine persons, any five of whom shall be a quorum, and who shall serve for the term of two years, and be appointed as follows, to wit: At the next election of the delegate to Congress from the said territory, after the passing of this act, the qualified electors shall choose, by ballot, eighteen persons, having the qualifications of electors; and such election shall be conducted, certified, and the result declared, agreeably to the territorial law prescribing the mode of electing such delegate. But the time and manner of electing the members of the legislative council shall, after the first election, be prescribed by the legislature of the said territory; and the names of the eighteen persons, having the greatest number of votes, shall be transmitted by the governor of the said territory, to the President of the United States, who shall nominate, and, by and with the advice and consent of the Senate, appoint therefrom, the said legislative council; and vacancies occurring in the said council shall be filled in the same manner, from the list transmitted as aforesaid: And the President shall have power, in the recess of the Senate, to make the appointments authorized by this act; but all appointments, so made, shall be submitted to the Senate at their next session, for confirmation. The first legislative council shall be assembled at such time and place as the governor shall, by proclamation, designate. No session, in any one year, shall exceed the term of sixty days, nor shall any act passed by the governor and the legislative council be valid, after the same shall have been disapproved by Congress. The members of the legislative council shall receive two dollars each, per day, during their attendance at the sessions thereof, and two dollars for every twenty miles in going to, and returning therefrom, in full compensation for their services, and which shall be paid by the United States: Provided, That nothing herein contained shall be construed to affect the right of the citizens of said territory to elect a delegate to Congress; and the duties required of the govenor [governor] and judges by the act referred to in the first section of this act, shall be performed by the govenor [governor] and legislative council. SEC. 3. And be it further enacted, That the powers and duties of the judges of the said territory shall be regulated by such laws as are, or may be, in force therein; and the said judges shall possess a chancery, as well as common law, jurisdiction. The tenure of office of the said judges shall be limited to four years: and on the first day of February, Session of the legislative council not to exceed sixty days. Compensation. Proviso. Powers of the judges. Judges to hold office for four years. (a) See notes to the act of February 16, 1819, ch. 22, for the acts relative to the territory of Michigan. VOL. III.-97 3T STATUTE II. March 1, 1823. Accounting officers of the one thousand eight hundred and twenty-four, laws of the United States. SEC. 4. And be it further enacted, That the legislature shall have power to submit, at any time, to the people of the said territory, the question, whether a general assembly shall be organized agreeably to the provisions of the ordinance aforesaid; and, if a majority of the qualified electors shall be in favour of such organization, then the powers vested by this act in the legislative council shall cease and determine, and a general assembly shall be organized, in conformity with the said ordinance, subject to the following provision: The govenor [governor] of the said territory shall divide the same into five districts, and the qualified voters in each district shall elect one member of the legislative council, which shall possess the same powers heretofore granted to the legislative council of the North-western territory; and the members of the council shall hold their offices four years; and until there shall be five thousand free white male inhabitants, of twenty-one years and upwards, in said territory, the whole number of Representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the govenor [governor] to the several counties in the said territory, agreeably to the number of free white males above the age of twenty-one years, which they may contain: but after the organization of the general assembly, the apportionment of the representation shall be made by such assembly: Provided, That there shall not be more than twelve, nor less than seven, of the whole number of representatives, until there shall be six thousand free white male inhabitants, above the age of twenty-one years; after which, the number of representatives shall be regulated agreeably to the ordinance aforesaid. SEC. 5. And be it further enacted, That the govenor [governor] of the said territory shall have power to grant pardons for offences against the laws of the said territory, and reprieves for those against the United States, until the decision of the President theron [thereon] shall be made known. SEC. 6. And be it further enacted, That, so much of the ordinance aforesaid, and laws of the United States, as are inconsistent with the provisions of this act, be, and the same are hereby, as respects the territory of Michigan, repealed. SEC. 7. And be it further enacted, That from and after the first day of June next, there shall be but one clerk of the supreme court of the territory of Michigan, who shall perform all the duties of clerk of said court, whether sitting as a circuit and district court, or as judges of the territorial court. SEC. 8. And be it further enacted, That the accounting officers of the treasury shall settle and adjust the accounts of John J. Deming, making him a reasonable allowance for his services as clerk of said district and circuit court, up to the first day of June next, and that the same be paid out of any money in the treasury, not otherwise appropriated. APPROVED, March 3, 1823. CHAP. XXXVII.—An Act in addition to the act, entitled "An act for the prompt settlement of public accounts," and for the punishment of the crime of perjury. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, in the settlement of accounts of persons remaining charged, on the books of the third auditor (a) An act to provide for the prompt settlement of public accounts, March 3, 1817, ch. 45. An act providing for the better organization of the Treasury Department, May 15, 1820, ch. 107. See notes to act of May 15, 1820, ch. 107. of the treasury, with public moneys, advanced prior to the first day of July, one thousand eight hundred and fifteen, the proper accounting officers be, and they are hereby, authorized to admit, to the credit of such persons, respectively, the amount of any expenditures made by them, which were, at the time, authorized by law, or regulations, notwithstanding regular vouchers for the same may not be produced, if the impracticability of producing such vouchers shall be proved to the satisfaction of the said accounting officers; and if the evidence exhibited, in lieu thereof, shall be the best the nature of the several cases will admit of, and such as will be received in courts of justice: Provided, nevertheless, That the credits to be allowed shall, in no case, exceed, in amount, the sums with which such persons, respectively, shall be charged on the books of the said third auditor. SEC. 2. And be it further enacted, That whenever, in the settlement of the accounts before mentioned, a difference of opinion shall arise between the accounting officers, as to the extent of the credits to be allowed, under, or by virtue of, this act, such case shall be referred to the Secretary of War, whose decision shall be conclusive. And it is hereby made the duty of the said secretary, to cause to be communicated to Congress, at the commencement of each session, a statement comprising the names of the persons whose accounts shall have been settled the preceding year, agreeably to the provisions of this act, together with the amount which shall have been passed to the credit of each, under the several heads of expenditure, and upon evidence other than such as had been prescribed by the laws and regulations existing before the passage of this act. SEC. 3. And be it further enacted, That if any person shall swear or affirm falsely, touching the expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury.(a) APPROVED, March 1, 1823. CHAP. XXXVIII.—An Act for the punishment of frauds committed on the government of the United States. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, if any person or per treasury to admit expenditures in certain cases, and under certain re strictions. Proviso. In a differ ence of opinion, be referred to the Secretary of War. the case shall Any person swearing false ly, shall suffer as for wilful and corrupt perjury. STATUTE II. March 3, 1823. [Obsolete.] Persons guilty of certain frauds (a) Indictment for false swearing under the third section of the act of Congress of March 1, 1823, which declares, that "any person who shall swear or affirm falsely, touching the expenditure of public money, or in support of any claim against the United States, shall suffer as for wilful and corrupt perjury." The indictment charged the false swearing to be an affidavit made before a justice of the peace of Kentucky in support of a claim against the United States, under the act of July 5, 1832, ch. 173, to provide for liquidating and paying certain claims of the state of Virginia. By the Supreme Court-There is no statute of the United States which expressly authorizes any justice of the peace of the state, or any officer of the national government to administer an oath in support of any claim against the United States under the act of 1823. The United States v. Bailey, 9 Peters, 238. The Secretary of the Treasury, in order to carry into effect the authority given to him, to liquidate and pay the claims referred to in the act of 1832, had established a regulation authorizing affidavits made before any justice of the peace of a state, to be received and considered in proof of claims under the act. By implication, he possessed the power to make such a regulation, and to allow such affidavits in proof of claims under the act of 1832. It was incidental to his duty and authority in settling claims under the act. When the oath is taken before a state or national magistrate, authorized to administer oaths in pursuance of any regulations prescribed by the Treasury Department, or in conformity with the practice of the Treasury Department, so that the affidavit would be admissible evidence at the Department in support of any claim against the United States, and the party swears falsely, the case is within the purview of the act of 1823. Ibid. If a state magistrate shall administer an oath, under an act of Congress expressly giving him the power to do so, it would be a lawful oath, before one having competent authority, and as much so as if he had been specially appointed a commissioner under a law of the United States for that purpose, and such an oath, administered under such circumstances, would be within the purview of the act of 1823. Ibid. The act of 1823 does not create or punish the crime of perjury, technically considered. But it creates a new and substantial offence of false swearing, and punishes it in the same manner as perjury. The oath, therefore, need not be administered in a judicial proceeding, or in a case in which the state magistrate, under the state laws, had jurisdiction, so as to make the false swearing perjury. It would be sufficient, that it might be lawfully administered by the magistrate, and was not in violation of his official duty. Ibid. on the government of the United States to be considered guilty of felony. To be punished by imprison ment. Persons knowingly having fraudulent pa pers, &c. to be fined and imprisoned. The courts of the several states not to be deprived of jurisdiction over the offences punishable by this law. STATUTE II. sons shall falsely make, alter, forge, or counterfeit; or cause or procure to be falsely made, altered, forged, or counterfeited; or willingly aid or assist in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of enabling any other person or persons, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum or sums of money; or shall utter, or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, as aforesaid, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, any office or officer of the government of the United States, any deed, power of attorney, order, certificate, receipt, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, every such person shall be deemed and adjudged guilty of felony; and being thereof duly convicted, shall be sentenced to be imprisoned, and kept at hard labour, for a period not less than one year, nor more than ten years; or shall be imprisoned, not exceeding five years, and fined not exceeding one thousand dollars. SEC. 2. And be it further enacted, That if any person or persons shall knowingly have in his, her, or their, possession, any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of enabling any person or persons, either directly or indirectly, to obtain or receive from the United States, or any of its officers or agents, any sum or sums of money, knowing the same to be false, altered, forged, or counterfeited, as aforesaid, with intent to defraud the United States, every such person, upon being thereof duly convicted, shall be fined and imprisoned at the discretion of the court, according to the nature and aggravation of the offence: Provided, nevertheless, That nothing herein contained shall be construed to deprive the courts of the several states of jurisdiction, under the laws thereof, over offences declared punishable by this law. APPROVED, March 3, 1823. March 1, 1823. CHAP. XXXIX. - An Act extending the time for locating Virginia military land warrants, and returning surveys thereon to the general land office. Act of April 11, 1818, ch. 47. Two years allowed to officers and soldiers of the Virginia line for obtaining warrants. Provisions of the act of March 3, 1807, ch. 31, revived. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or assigns, entitled to bounty lands within the country reserved by the state of Virginia, between the little Miami and Scioto rivers, shall be allowed a further time of two years, from the fourth day of January, one thousand eight hundred and twenty-three, to obtain warrants, and to complete their locations; and the further time of four years, from the fourth day of January, one thousand eight hundred and twenty-three, to return their surveys and warrants, or certified copies of warrants, to the general land office, to obtain patents. SEC. 2. And be it further enacted, That the provisions of the act, entitled "An act authorizing patents to issue for lands located and surveyed by virtue of certain Virginia resolution-warrants," passed the third day of March, one thousand eight hundred and seven, shall be revived, and in force, with all its restrictions, except that the respective times allowed for making locations, and returning surveys thereon, shall be limited to the terms prescribed by the first section of this act, for the location and return of surveys on other warrants; and that the surveys shall be returned to the general land office: Provided, That no locations, as aforesaid, in virtue of this or the preceding section of this act, shall be made on tracts of lands for which patents had previously been issued, or which had been previously surveyed; and any patent, which may nevertheless be obtained for land located contrary to the provisions of this act, shall be considered null and void. Proviso. Holders of warrants not move location. SEC. 3. And be it further enacted, That no holder of any warrant which has been, or may be, located, shall be permitted to withdraw or remove the same, and locate it on any other land, except in cases of eviction, in permitted to reconsequence of a legal judgment first obtained, or unless it be found to interfere with a prior location and survey; nor shall any lands heretofore sold by the United States, within the boundaries of said reservation, be subject to location by the holder of any such unlocated warrant. APPROVED, March 1, 1823. STATUTE II. CHAP. XL.-An Act granting to the state of Alabama the right of pre-emption March 3, 1823. to certain quarter sections of land. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be granted to the state of Alabama, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter section of land, in, or near, the centre of each of the counties of Marengo, Perry, and Decatur, of the state aforesaid, in trust for said counties, respectively, for the establishment of seats of justice therein: Provided, That the proceeds of the sale of each of said quarter sections shall be appropriated for the purpose of erecting public buildings in the county for which it is located, after deducting therefrom the amount originally paid for the same: And provided further, That the seat of justice for said counties, respectively, shall be fixed and continued on the lands so located and selected. APPROVED, March 3, 1823. Alabama allowed the right of pre-emption of lands for seats of justice. Proviso. Proviso. STATUTE II. CHAP. XLI.—An Act altering the time of holding the circuit court in the districts March 3, 1823. of Maine (a) and New Hampshire. (b) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the terms of the circuit court, which are now directed by law to be holden annually in the district of Maine, at Portland, on the eighth day of May; and at Wiscasset, on the eighth day of October: and in the district of New Hampshire, at Ports (a) Circuit courts in Maine: Days of hold ing the terms court of Maine and New Hampshire changed. of the circuit An act for altering the times and places of holding the circuit courts therein mentioned, and for other purposes, Act of March 3, 1801, ch. 32, sec. 1. An act to repeal certain acts respecting the organization of the courts of the United States, and for other purposes, March 8, 1802, ch. 8. An act establishing a circuit court within and for the district of Maine, March 30, 1820, ch. 25. (b) Circuit courts in New Hampshire: An act providing compensation for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes, March 3, 1791, ch. 22, sec. 2. An act altering the time of holding the circuit courts in certain districts of the United States, and for other purposes, April 3, 1792, ch. 21, sec. 2. An act to alter the times and places of holding the circuit courts in the eastern district and in North Carolina, and for other purposes, March 2, 1793, ch. 23. An act concerning the circuit courts of the United States, March 3, 1797, ch. 27. An act for altering the times and places of holding the circuit courts therein mentioned, and for other purposes, Act of March 3, 1801, ch. 32, sec. 1. An act to repeal certain acts respecting the organization of the courts of the United States, and for other purposes, March 8, 1802, ch. 8. An act to alter the times of holding the circuit court in the first district, March 26, 1812, ch. 45. |