ed commis &c. to derang- by virtue of this act, there shall be allowed and paid, in addition sioned officers, to the pay and emoluments to which they will be entitled by law, at the time of their discharge, three months' pay and emoluments; into effect on and that the provisions of this act shall be carried into effect on or before the first day of June next. This act to go or before 1st June, 1818. Pay, &c. of 5. That the pay and emoluments of the inspector generals inspector gen of divisions be, and is hereby, raised to be equal to the pay and sions raised. emoluments of the adjutant generals of division. erals of divi A commissary general to be sent, &c. pay, &c. curity. 6. That, as soon as the state of existing contracts for the appointed by subsistence of the army shall, in the opinion of the president of the president, the United States, permit it, there shall be appointed by the with the con- president, by and with the advice and consent of the senate, one Commissary commissary general, with the rank, pay, and emoluments, of cologeneral's rank, nel of ordnance, who shall, before entering on the duties of his Bond and se- office, give bond and security, in such sum as the president may direct; and as many assistants, to be taken from the subalterns of the line, as the service may require, who shall receive twenty dollars per month in addition to their pay in the line, and who shall, before entering on the duties of their office, give bond and Assistants to security, in such sums as the president may direct. The comgive bond and missary general and his assistants shall perform such duties, in Duties of com- purchasing and issuing of rations to the army of the United States, missary gene- as the president may direct. Assistant commissaries from the sub alterns of the line, &c. security. ral, &c. Vol. iii. p. 1874. purchased by contract. Vol. iy. p. 7. That supplies for the army, unless, in particular and urgent cases, the secretary of war should otherwise direct, shall be Supplies to be purchased by contract, to be made by the commissary general on public notice, to be delivered, on inspection, in the bulk, and at such places as shall be stipulated; which contract shall be made under such regulations as the secretary of war may direct. 8. That the president may make such alterations in the component parts of the ration as a due regard to the health and comfort of the army and economy may require. 2419. The president may alter the ration. Commissary general and ed in trade, the ration, ex 9. That the commissary general and his assistants shall not assistants not be concerned, directly or indirectly, in the purchase or sale, in to be concern- trade or commerce, of any article entering into the composition &c. in articles of the ration allowed to the troops in the service of the United entering into States, except on account of the United States, nor shall such cept, &c. nor, officer take and apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than what is or may be allowed by law; and the commissary general and his assistants shall be subject to martial law. &c. Commissary general's let ters free, &c. Proviso; the 6th, 7th, 8th, sections of this Brevet officers 10. That all letters to and from the commissary general, which may relate to his office duties, shall be free from postage: Provided, That the sixth, seventh, eighth, ninth, and tenth, sections of this act shall continue and be in force for the term of five years from the passing of the same, and thence until the end of the next session of congress, and no longer. [Approved, April 14, 1818.] CHAP. 59. An act regulating the pay and emoluments of brevet officers. § 1. Be it enacted, &c. That the officers of the army, who have c. of brevet brevet commissions, shall be entitled to, and receive the pay and to receive pay, when on duty, &c. emoluments of, their brevet rank when on duty, and having a rank only command according to their brevet rank, and at no other time. § 2. That no brevet commission shall hereafter be conferred but by and with the advice and consent of the senate. [Ap- 2384. proved, April 16, 1818.] Vol. iv. p. CHAP. 60. An act in addition to "An act giving pensions to the orphans and widows of per- Vol.ii. p. 1399. sons slain in the public or private armed vessels of the United States." vol. iii. p. 1731. 1938. vol. iv. p. list in virtue tion of the act § 1. Be it enacted, &c. That, in every case where a person 2129. 2570. has been put on the pension list, or granted a certificate of pen- Persons put on sion, by virtue of the first section of an act, passed the fourth the pension day of March, in the year eighteen hundred and fourteen, entitled of the 1st sec- "An act giving pensions to the orphans and widows of persons of 4th March, slain in the public or private armed vessels of the United States," 1814, to be althe secretary of the navy be, and he is hereby, authorized, at the lowed full monthly penexpiration of the term of five years, for which any pension cer- sion for the tificate shall have been granted as aforesaid, to allow the full further term of monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pen- Proviso; pension shall continue to such person for the further term of five sion to cease years: Provided, That such pension shall cease on the death of the widow, such widow, child, or children. five years. on death of &c. children of of from accidents June, 1812, to list. § 2. That if any officer, seaman, or marine, shall have died Widows and since the eighteenth day of June, in the year eighteen hundred ficers, &c. and twelve, in consequence of an accident or casualty, which who have died occurred while in the line of his duty on board a private armed in the service vessel, leaving a widow, or, if no widow, a child or children un- since 18th der sixteen years of age, the secretary of the navy be, and he is be placed on hereby, authorized to place such widow, child, or children, on the pension the pension list, and allow to such widow, child, or children, the same monthly pension as if the deceased had died by reason of wounds received in the line of his duty: Provided, That all mo- Proviso; the neys paid by virtue of this act shall be paid out of the privateer paid out of the pension fund, and no other. [Approved, April 16, 1818.] privateer fund. CHAP. 61. An act directing the manner of appointing Indian agents, and continuing the Vol.ii. p. 1189. "Act for establishing trading houses with the Indian tribes." money to be ent of Indian 1. Be it enacted, &c. That the superintendent of Indian Superintendtrade, the agents and assistant agents of Indian trading houses, trade, agents, and the several agents of Indian affairs, shall be nominated by &c. the president of the United States, and appointed by and with Repealed. the advice and consent of the senate. Vol. iv. p. 2400. person to act, Repealed. Vol. iv. p. 2. That, from and after the eighteenth instant, no person After 18th shall act in either of the characters aforesaid, who shall not have April, 1818, no been thus first nominated and appointed. And every agent as &c. aforesaid, before he shall enter upon the duties of his office, shall give bond to the United States, with two or more sufficient se- 2400. curities, in the penal sum of ten thousand dollars, conditioned faithfully to perform all the duties which are or may be enjoined on them as agents as aforesaid. 3. That the act, entitled "An act for establishing trading The act for houses with the Indian tribes," passed on the second day of establishing trading houses dian tribes continued until 1st with the In- March, one thousand eight hundred and eleven, and which was continued in force for a limited time by an act passed third day of March, one thousand eight hundred and seventeen, shall be, and the same is hereby, further continued in force until the first day of March, one thousand eight hundred and nineteen, and no longer. [Approved, April 16, 1818.] March, 1819. The inhabit authorized to CHAP. 62. An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states. § 1. Be it enacted, &c. That the inhabitants of the territory ants of Illinois of Illinois be, and they are hereby, authorized to form for themform a consti- selves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formbe admitted ed, shall be admitted into the Union upon the same footing with into the Union, the original states, in all respects whatever. tution, &c. The state to &c. Boundaries of the state. Vol. iv. p. 2247.2451. 2. That the said state shall consist of all the territory in cluded within the following boundaries, to wit: Beginning at the mouth of the Wabash river; thence, up the same, and with the line of Indiana, to the northwest corner of said state; thence, east with the line of the same state, to the middle of lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees thirty minutes; thence, west, to the middle of the Mississippi river; and thence, down along the middle of that river, to the confluence with the Ohio river; and thence, up the Proviso; the latter river, along its northwestern shore, to the beginning: Proconvention to vided, That the convention hereinafter provided for, when formboundaries, ed, shall ratify the boundaries aforesaid; otherwise they shall be and remain as now prescribed by the ordinance for the governProviso; con- ment of the territory northwest of the river Ohio: Provided also, current juris- That the said state shall have concurrent jurisdiction with the Wabash. state of Indiana on the Wabash river, so far as said river shall the Mississip- form a common boundary to both, and also concurrent jurisdiction on the Mississippi river, with any state or states to be formed west thereof, so far as said river shall form a common boundary to both. ratify the &c. diction on the And also on pi. representa Qualifications 3. That all white male citizens of the United States, who shall of electors of have arrived at the age of twenty-one years, and have resided in tives to form a said territory six months previous to the day of election, and all convention. persons having in other respects the legal qualifications to vote Apportion sentatives. Bond county. for representatives in the general assembly of the said territory, be, and they are hereby, authorized to choose representatives to form a convention, who shall be apportioned amongst the several counties as follows: From the county of Bond, two represenment of repre- tatives; from the county of Madison, three representatives; from the county of St. Clair, three representatives; from the county Madison, St. of Monroe, two representatives; from the county of Randolph, Randolph, two representatives; from the county of Jackson, two representatives; from the county of Johnson, two representatives; from Pope, Galla- the county of Pope, two representatives; from the county of tin, White, Edwards, Gallatin, three representatives; from the county of White, two Crawford, representatives; from the county of Edwards, two representaington, Frank- tives; from the county of Crawford, two representatives; from Clair, Monroe, Jackson, Johnson, Union, Wash lin, counties. holden on the the county of Union, two representatives; from the county of Washington, two representatives; and from the county of Franklin, two representatives. And the election for the representa- Election to be tives aforesaid shall be holden on the first Monday of July next, first Monday and the two following days, throughout the several counties in the of July, 1818, said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of the said elections for territory regulating elections therein, for members of the house members, &c. of representatives. in the same manner as meet in con of government représenta 4. That the members of the convention, thus duly elected, Members to be, and they are hereby, authorized to meet, at the seat of gov-vention at the ernment of the said territory, on the first Monday of the month territorial seat of August next; which convention, when met, shall first deter- the first Monmine, by a majority of the whole number elected, whether it be, day of August 1818, and deor be not, expedient at that time to form a constitution and state termine, &c. government for the people within the said territory; and if it be expedient, the convention shall be, and hereby is, authorized to The convention may form form a constitution and state government; or, if it be deemed a constitution, more expedient, the said convention shall provide by ordinance or may elect for electing representatives to form a constitution or frame of tives to form government; which said representatives shall be chosen in such one, &c. manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance, and shall then form for the people of said territory a constitution and state government: Provided, That the same, whenever formed, shall be Proviso; the republican, and not repugnant to the ordinance of the thirteenth constitution to be republican, of July, seventeen hundred and eighty-seven, between the origin- and not repugal states and the people and states of the territory northwest of dinance of the river Ohio; excepting so much of said articles as relate to 13th July, the boundaries of the states therein to be formed: And provided Proviso; also, That it shall appear, from the enumeration directed to be there must be made by the legislature of the said territory, that there are, with- 40,000 inhabitin the proposed state, not less than forty thousand inhabitants. ants. nant to the or 1787, &c. not less than 5. That until the next general census shall be taken, the The state to said state shall be entitled to one representative in the house of have one representative, representatives of the United States. &c. township, &c. 6. That the following propositions be, and the same are Propositions hereby, offered to the convention of the said territory of Illinois, convention of when formed, for their free acceptance or rejection, which, if Illinois. accepted by the convention, shall be obligatory upon the United States and the said state. First. That section numbered sixteen, 1. section No. in every township, and, when such section has been sold or oth- 16. in every erwise disposed of, other lands equivalent thereto, and as con- for schools. tiguous as may be, shall be granted to the state, for the use of the inhabitants of such township, for the use of schools. Sec2. Salt springs ond. That all salt spring within such state, and the land reserved and land refor the use of the same, shall be granted to the said state, for the served, &c. use of the said state, and the same to be used under such terms, state, &c. and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell nor lease Proviso ; the same for a longer period than ten years at any one time. Third. That five per cent. of the nett proceeds of the lands lying cent. nett prowithin such state, and which shall be sold by congress, from and ceeds of sales granted to the 3. Five per state, reserved. roads. The residue sections, to be of public lands after the first day of January, one thousand eight hundred and within the nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz: two fifths to be disTwo-fifths for bursed, under the direction of congress, in making roads leading to the state; the residue to be appropriated, by the legislature to encourage of the state, for the encouragement of learning, of which onelearning, and one-sixth of it sixth part shall be exclusively bestowed on a college or univerfor a college. sity. Fourth. That thirty-six sections, or one entire township, 4. Thirty-six which shall be designated by the president of the United States, designated by together with the one heretofore reserved for that purpose, shall the president, be reserved for the use of a seminary of learning, and vested in a seminary of the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature: Provided always, That the four foregoing propositions, herein offered, are on the ing proposi- conditions that the convention of the said state shall provide, by condition that an ordinance irrevocable without the consent of the United lands sold by States, that every and each tract of land sold by the United States, States shall be from and after the first day of January, one thousand eight hunfree from tax-dred and nineteen, shall remain exempt from any tax laid by for the use of learning. Proviso; the four preced tions are on the United es for five years. And military the patentees, order, or under any authority, of the state, whether for state, county, or township, or any other, purpose whatever, for the term of five years from and after the day of sale: And further, bounty lands, That the bounty lands granted, or hereafter to be granted, for whilst held by military services during the late war, shall, while they continue. or their heirs, to be held by the patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years from and citizens' lands after the date of the patents respectively; and that all the lands not to be tax belonging to the citizens of the United States, residing without those of resi- the said state, shall never be taxed higher than lands belonging dents. to persons residing therein. &c. Nonresident ed higher than Additional territory add nois is formed subject to the disposition of congress, &c. 7. That all that part of the territory of the United States ed to Michi- lying north of the state of Indiana, and which was included in gan after Illi- the former Indianna territory, together with that part of the Illiinto a state, nois territory which is situated north of, and not included within, the boundaries prescribed by this act, to the state thereby authorized to be formed, shall be, and hereby is, attached to, and made a part of, the Michigan territory, from and after the formation of the said state; subject, nevertheless, to be hereafter disposed of by congress, according to the right reserved in the fifth article of the ordinance aforesaid; and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects, with the other citizens of the Michigan territory. [Approved, April 18, 1818.] The port of delivery at the mouth of Slade's creek to cease after CHAP. 63. An act to abolish the port of delivery established at the mouth of Slade's creek, in the state of North Carolina. 1. Be it enacted, &c. That, from and after the thirtieth day of April, one thousand eight hundred and eighteen, the port of delivery established at the mouth of Slade's creek, within the disthe 30th April, trict of Washington, and state of North Carolina, shall cease, and the office, authority, and emoluments, of the surveyor of said port shall also, from thenceforth, terminate and be discontinued. [Approved, April 18, 1818.] 1818. |