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CHAP. 8. An act for the preservation of the timber of the United States in Florida.
1. Be it enacted, fc. That the president of the United States The president be, and hereby is, authorized to employ so much of the land and may employ naval forces of the United States as may be necessary effectually naval forces to - to prevent the felling, cutting down, or other destruction of, prevent the
destruction of the limber of the United States in Florida ; and also to prevent or carrying the transportation or carrying away any such timber as may be a way, public already felled or cut down; and to take such other and further Florida, and measures as may be deemed advisable for the preservation of authorized to the timber of the United States in Florida. Approved, Februa- to preserve it. ry 23, 1822.]
An act for the apportionment of representatives among the several states, ac
cording to the fourth census. $ 1. Be it enacted, f.c. That, from and after the third day After the 3d of of March, one thousand eighit hundred and (wenty-three, the March, 1823 house of representatives shall be composed of members elected representaagreeably to a ratio of ene representative for every forty thousand to impose de persons in each state, computed according to the rule prescrib- members ed by the constitution of the United States ; that is to say: with
ably to, &c. in the state of Maine, seven ; within the state of New Hamp
Number of shire, six ; within the state of Massachusetts, thirteen; within members to the state of Rhode Island, two; within the state of Connecticut, which each
state is entisix ; within the state of Vermont, five ; within the state of New iled. York, thirty-four ; within the state of New Jersey, six ; within the state of Pennsylvania, iwenty-six; within the state of Delaware, one; within the state of Maryland, nine; within the state of Virginia, twenty-two; within the state of North Carolina, thirteen ; within the state of South Carolina, nine; within the state of Georgia, seven ; within the state of Alabama, two; within the state of Mississippi, one; within the state of Louisiana, three ; within the state of Tennessee, nine ; within the state of Kentucky, twelve ; within the state of Ohio, fourleen; within the state of Indiana, three ; within the state of Illinois, one ; and within the state of Missouri, one.
§ 2. That, as the returns of the marshal of the state of Ala- Alabama to bama are not complete, in consequence of the death of the form- members, if it er marshal, who commenced the enumeration in said state, nothing is made ap: in this act contained shall be construed to prevent the state of 2d session of Alabama from having three representatives, if it shall be made the 17th conto appear to congress, at the next session, that the said state, at state would the time of passing this act, would have been entitled to that have been ennumber, according to its population and the ratio hereby estab- number by lished, if the said returns had been complete. (Approved, March complete re7, 1822.)
Chap. 12. An act to provide for the due execution of the laws of the United States
within the state of Missouri, and for the establishment of a district court therein. § 1. Be it enacted, foc. That all the laws of the United States, Laws not lowhich are not locally inapplicable, shall have the same force and cably inapplieffect within the said state of Missouri as elsewhere within the force and ef
fect in MisUnited States.
where it is
Missouri a ju- 82. That the said state of Missouri shall be one district, and dicial district. be called the Missouri district; and a district court shall be held court, of one therein, to consist of one judge, who shall reside in the said disjudge. trict, and be called a district judge ; he shall hold, at the seat of Three sessions of the government of the said state, three sessions annually, the first to court annual- commence on the first Monday in June next, and the other two ly, at the seat
sessions progressively, on the like Monday in every fourth calen
dar month afterwards; and he shall, in all things, have and exJurisdiction and powers of ercise the same jurisdictionand powers which were by law given the judge.
to the judge of the Kentucky district, under an act, entitled Vol. i. p. 53.
“ An act to establish the judicial courts of the United States," and an act, entitled “An act in addition to the act, entitled · An act to establish the judicial courts of the United Stales," ap
proved the second day of March, one thousand seven hundred The judge to and ninety-three, and ihe acts supplementary thereto. The said appoint a clerk, to re
judge shall appoint a clerk for the said district, who shall reside, side and keep and keep the records of the court, at the place of holding the the records of the court
same, and shall receive, for the services performed by him, the
same fees to which the clerk of the Kentucky district is entitled Clerk's fees. for similar services: Provided, That until the government shall Proviso; court be removed to the permanent seat fised, or to be fixed, by the St. Louis, un
said state, the said court shall be held at the town of St. Louis. til, &c.
3. That there shall be allowed and paid the said judge of 1200 dolls. per annuin to the said district court, the annual compensation of twelve hunihe judge, pay- dred dollars, to commence from the date of his appointment; lo able quarter yearly. be paid, quarter yearly, at the treasury of the United States. District attor
§ 4. That there shall be appointed, in the said district, a perney; to receive son learned in the law, to act as attorney for the United States, 200 dolls. annually, be
who shall, in addition to his stated fees, be paid by the United sides fees. Slates two hundred dollars annually, as a full compensation for
all extra services. A marshal for $ 5. That a marshal shall be appointed for the said district, the district ;
who shall perform the same duties, be subject to the same reguto receive 200 dolls. per ann. lations and penalties, and be entitled to the same fees, as are probesides fees,
vided for, and prescribed to, marshals in other districts; and shall, moreover, be entitled to the suin of two hundred dollars
annually, as a compensation for all extra services. Causes pend- $ 6. That all causes pending in the state courts at the passage ing in the state of ihis act, which, by law, were transferable to the United States' serable, &c. courts, may be so removed, under the rules governing such remay be remov. movals, as soon after the passage of this act as may be reasonapracticable. bly practicable. (Approved, March 16, 1822.
to be held at
Vol. iii. P:
Chap. 13. An act for the esiablishment of a territorial government in Florida. 1902. 1952. 2023. East and $1. Be it enacted, &c. That all that territory ceded by Spain West Florida, to the United States, known by the name of East and West FloSpain, to con- rida, shall constitute a territory of the United States, under the
name of the territory of Florida, the government whereof shall
be organized and administered as follows: Executive
2. That the executive power shall be vested in a governor, power vested in a governor, who shall reside in the said territory, and hold his office during &c.
the term of three years, unless sooner removed by the president
duties of tho governor.
of the United States. He shall be cominander in chief of the Governor militia of the said territory, and be, ex officio, superintendent of commander in Indian affairs; and shall have power to grant pardons for offenc- Powers and es against the said territory, and reprieves for those against the United States, until the decision of the president of the United States thereon shall be made known; and to appoint and commission all officers, civil and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law : he shall take care that the laws be faithfully executed.
$ 3. That a secretary of the territory shall also be appointed, A secretary of who shall hold his office during the term of four years, unless &c.
the territory, sooner removed by the president of the United Siates, whose Duties of the duty it shall be, under the direction of the governor, tó record and preserve all the papers and proceedings of the executive, , and all the acts of the governor and legislative council, and transmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the United States,
$ 4. That, in case of the death, removal, resignation, or ne- The secretary cessary absence, of the governor of the said territory, the secre- to act as lary thereof shall be, and he is hereby, authorized and required case of a to execute all the powers, and perform all the duties, of the go
vacancy. vernor, during the vacancy occasioned by the removal, resignation, or necessary absence, of the said governor.
$ 5. That the legislative power shall be vested in the govern- Governor and õr, and in thirteen of the most fit and discreet persons of the ter- a legislative
, ritory, to be called the legislative council, who shall be appoint- to be appointed annually, by the president of the United States, by and with ed annually. the advice and consent of the senate, from among ihe citizens of the United States residing there. The governor, by and with powers of the she advice and consent of the said legislative council, or a ma- legislatdrø. jority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful sub- Restriction of jects of legislation ; but no law shall be valid which is inconsist- the powors of ent with the constitution and laws of the United States, or which logislatiour: shall lay any person under restraint, burthen, or disability, on account of his religious opinions, professions, or worship ; in all which he shall be free to maintain bis own, and not burthened with those of another. The governor shall publish, throughout The governor the said territory, all the laws which shall be made, and shall, laws, and reon or before the first day of December in each year, report the port them to same to the president of the United States, to be laid before the president, congress, which, if disapproved by congress, shall thenceforth be of no force. The governor and legislative council shall have the governor no power over the primary disposal of the soil, nor to tax the and council lands of the United States, nor to interfere with the claims to over the prilands within said territory: the legislative council shall hold a of the soil, &c. session once in each year, commencing its first session on the Sussions of the second Monday of June next, at Pensacola, and continue in ses- council. sion not longer than two months; and thereafter on the first Monday in May, in cach and every year ; but shall not continue VOL. III.
longer in session than four weeks ; to be held at such place in Tho governor said territory as the governor and council shall direct : It shall formation, and be the duty of the governor to obtain all the information in his communicate power in relation to the customs, habits, and dispositions, of the it to the presi- inhabitants of the said territory, and communicate the same, ,
from time to time, to the president of the United States. Judicial power
Ø 6. That the judicial power shall be vested in two superior vested in two courts, and in such inferior courts and justices of the peace, as superior courts, &c.
the legislative council of the territory may, from time to time, A superior establish. There shall be a superior court for that part of the court for East territory known as East Florida, to consist of one judge ; he shall sessions at Si. hold a court on the first Mondays in January, April, July, and Augustine,
October, in each year, at St. Augustine, and at such other times
and places as the legislative council shall direct. There shall A superior be a superior court for that part of the territory known as West couri for West Florida, to consist of one judge; he shall hold a court at Pensasessions at cola on the first Mondays in January, April, July, and October, Pensacola, &c.
in each year, and at such other times and places as the legislative Jurisdiction of council shall direct. Within its limits, herein described, each ebo ruperior court shall have jurisdiction in all criminal cases, and exclusive
jurisdiction in all capital cases, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under, and cognizable by, the laws of the territory, now of force there
in, or which may, at any time, be enacted by the legislative Each judge to council thereof. Each judge shall appoint a clerk for his reappoint a
spective court, who shall reside, respectively, at St. Augustine
and Pensacola, and they shall keep the records there. Each Established clerk shall receive for his services, in all cases arising under the sees to tho
territorial laws, such fees as may be established by the legislative
council. The superior
$ 7. That each of said superior courts shall, moreover, have courts to have and exercise the same jurisdiction, within its limits, in all cases diction as the arising under the laws and constitution of the United States, tucky district. which, by an act to establish the judicial power (courts] of the
United States, approved the lwenty-fourth day of September,
one thousand seven hundred and eighty-nine, and "An act in Vol. i. p. 53. audition to the act, entitled “ An act to establish the judicial
courts of the United States," approved the second day of March,
one thousand seven hundred and ninety-three, was vested in the Writs of error court of the Kentucky district. And writs of error and appeal and appeal to from the decisions in ihe said superior courts, authorized by this the supreme court, &c.
section of this act, shall be made to the supreme court of the
United States, in the same cases, and under the same regulations, Clerks to keep as from the circuit courts of the United States. The clerks, rethe records
spectively, shall keep the records at the places where the courts
are held, and shall receive, in all cases arising under the laws held. Clerks' fees, and constitution of the United States, the same fees wbich the as in the Ken- clerk of the Kentucky district received for similar services, whilst
that court exercised ihe powers of the circuit and district courts. Two attor- There shall be appointed, in the said territory, two persons learnpero for the ed in the law, to act as attorneys for the United States as well
. as for the territory; one for that part of the territory known as East Florida, the other for that part of the territory known as
where the courts are
dolls, to the
West Florida: to each of whom, in addition to his stated fees, 200 dolls. por shall be paid, annually, two hundred dollars, as a full compen- fees
, to cach sation for all extra services. There shall also be appointed two attorney. marshals, one for each of the said superior courts, who shall each each superior perform the same duties, be subject to the same regulations and court. penalties, and be entitled to the same fees, 10 which marshals in other districts are entitled for similar services; and shall, in addi- 200 dolls. antion, be paid the sum of iwo hundred dollars, annually, as a fees, % beach
, besides compensation for all extra services.
$ 8. That the governor, secretary, judges of the superior Governor, secourts, district attorneys, marshals, and all general officers of cretary, &c. the militia, shall be appointed by the president of the United ed by the preStates, by and with the advice and consent of the senate. All sident and sojudicial officers shall hold their offices for the term of four years, Term of judiand no longer. The governor, secretary, judges, members of the Governor, s.legislative council, justices of the peace, and all other officers, cretary, &c. civil and of the militia, before they enter upon the duties of their oath. respective offices, shall take an oail or affirmation to support the constitution of the United States, and for the faithful discharge of the duties of their office; the governor, before the president The governor of the United States, or before a judge of the supreme or district to take the court of the United States, or before such other person as the the president, president of the United States shall authorize to administer the &c. saine; the secretary, judges, and members of the legislative coun- The secretary cil, before the governor; and all other officers, before such per-governor sons as the governor 'shall direct: The governor shall receive an Salary of 2500 annual salary of two thousand five hundred dollars; the secretary, of one thousand five hundred dollars; and the judges of one thousand five hundred dollars, each ; to be paid quarter yearly 1500 dolls.
. out of the treasury of the United States. The members of the cach judge. legislative council shall receive three dollars each, per day, dur-day to each ing their attendance in council, and three dollars for every twen- member of the ty miles in going to, and returning from, any meeting of the le- Members of gislative council, once in each session, and no more. The mem- the council
privileged bers of the legislative council shall be privileged from arrest, ex- from arrest, cept in cases of treason, felony, and breach of the peace, during &c. their going to, attendance at, and returning from, cach session of said council. $ 9. That the following acts, that is to say:
6 An act for the The acts men
Lioned in forc. punishment of certain crimes against the United States," approv. in Florida. ed April thirtieth, one thousand seven hundred and ninety, and Vol
. 1. p. 83. all acts in addition or supplementary thereto, which are now in force : “ An act to provide for the punishment of crimes and of- Voli pa fences committed within the Indian boundaries,” approved March 1644. 1694. third, one thousand eight hundred and seventeen : “ An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned,” approved April twentieth, one thousand eight hundred and eighicen : “An act for the punishment of crimes therein specified,” approved January thirtieth, one thousand seven hundred and ninety-nine: “An act respecting fugitives from justice, and persons escaping from the service of their masters," approved twelfth February, one thousand seven hundred and ninety-three : “An