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STATUTE I. April 14, 1818.

[Obsolete.] 52,984 dolls.

60 cents appro

priated for

claims due on account of the Cumberland

road, &c.

260,000 dolls. appropriated to meet demands under existing

contracts.

STATUTE I.

April 14, 1818.

Part of the acts of 3d March, 1815, and of 24th

April, 1816, repealed.

Act of March

3, 1815, ch. 79. 1816, ch. 69.

Act of March

2, 1821, ch. 13.

A surgeon

general.

Assistant surgeon general. Judge advo

cate.

Chaplain, &c. Eight post sur

geons to a di

vision.

Another part of the act of 24th April,

1816, repealed.

Quartermaster's depart

ment.

Assistant deputies.

Additional pay

commissioned

CHAP. LX.-An Act making further appropriations for the construction of the
Cumberland road.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of fifty-two thousand nine hundred and eighty-four dollars and sixty cents be appropriated for the claims due and remaining unpaid at the treasury, on account of the Cumberland road, to be paid out of any money in the treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That to meet the demands which will be made under existing contracts, on account of the Cumberland road, the sum of two hundred and sixty thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated.

APPROVED, April 14, 1818.

CHAP. LXI.—An Act regulating the staff of the army.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the act "fixing the military peace establishment of the United States," passed the third of March, one thousand eight hundred and fifteen, as relates to hospital stewards and wardmasters, and so much of the "Act for organizing the general staff, and making further provision for the army of the United States," passed April twenty-fourth, one thousand eight hundred and sixteen, as relates to hospital surgeons, hospital surgeon's mates, judge advocates, chaplains, and forage, wagon, and barrack masters, and their assistants, be and the same is hereby, repealed.

SEC. 2. And be it further enacted, That there shall be one surgeon general, with a salary of two thousand five hundred dollars per annum, one assistant surgeon general, with the emoluments of a hospital surgeon, one judge advocate, with the pay and emoluments of a topographical engineer, to each division, and one chaplain, stationed at the military academy at West Point, who shall also be professor of geography, history, and ethics, with the pay and emoluments allowed the professor of mathematics; and that the number of post surgeons be increased, not to exceed eight to each division.

SEC. 3. And be it further enacted, That so much of the act of the twenty-fourth of April, one thousand eight hundred and sixteen, aforesaid, as relates to the quartermaster general of division, shall be repealed; and the quartermaster's department shall consist, in addition to the two deputy quartermasters general, and the four assistant deputy quartermasters general, now authorized, of one quartermaste: general, with the rank, pay, and emoluments, of a brigadier general, and as many assistant deputy quartermasters general as the President shall deem proper, not exceeding, in the whole number, twelve.

SEC. 4. And be it further enacted, That to each commissioned officer and emoluments who shall be deranged by virtue of this act, there shall be allowed and to deranged paid, in addition to the pay and emoluments to which they will be entitled by law, at the time of their discharge, three months' pay and emoluments; and that the provisions of this act shall be carried into effect on or before the first day of June next.

officers.

This act to go

into effect on or before 1st June,

1818.

A commissary general to be

SEC. 5. And be it further enacted, That the pay and emoluments of the inspector generals of divisions be, and is hereby, raised to be equal to the pay and emoluments of the adjutant generals of division.

SEC. 6. And be it further enacted, That as soon as the state of existing contracts for the subsistence of the army shall, in the opinion of the appointed. President of the United States, permit it, there shall be appointed by the

President, by and with the advice and consent of the Senate, one commissary general, with the rank, pay, and emoluments, of colonel of ordnance, who shall, before entering on the duties of his 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 security, in such sums as the President may direct. The commissary general and his assistants shall perform such duties, in purchasing and issuing of rations to the army of the United States, as the President may direct.

Assistant commissaries, from

the subalterns of the line. commissary

Duties of

general, &c. Supplies to be purchased by contract.

SEC. 7. And be it further enacted, That supplies for the army, unless, in particular and urgent cases, the Secretary of War should otherwise direct, shall 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 23,1823, ch. 5. such regulations as the Secretary of War may direct.

Act of Jan.

The President

SEC. 8. And be it further enacted, That the President may make such alterations in the component parts of the ration as a due regard to the may make alterhealth and comfort of the army and economy may require.

SEC. 9. And be it further enacted, That the commissary general and his assistants shall not be concerned, directly or indirectly, in the purchase or sale, in trade or commerce, of any article entering into the composition of the ration allowed to the troops in the service of the United States, except on account of the United States, nor shall such 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.

SEC. 10. And be it further enacted, 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. LXIV.—An Act regulating the pay and emoluments of brevet officers. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the officers of the army, who have brevet commissions, shall be entitled to and receive the pay and emoluments of their brevet rank when on duty, and having a command according to their brevet rank, and at no other time.

ations in the ration.

Commissary

general and as

sistants not to

be concerned in trade, &c.

Continuance of part of this act.

Commissary

general's letters free of postage. Continuance. 1823, ch. 5.

1829, ch. 42. 1835, ch. 49.

STATUTE I.

April 16, 1818.

Brevet of

ficers to receive pay, &c. 1839, ch. 85.

Brevet com

SEC. 2. And be it further enacted, That no brevet commission shall hereafter be conferred but by and with the advice and consent of the missions with Senate.

APPROVED, April 16, 1818.

CHAP. LXV.—An Act in addition to "An act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in every case where a person has been put on the pension list, or granted a certificate of pension, by virtue of the first section of an act, passed the fourth day of March, in the year eighteen hundred and fourteen, entitled "An act

consent of the Senate.

STATUTE I.

April 16, 1818.

1814, ch. 20. Act of March 18, 1818, ch. 19.

Act of April 9, 1824, ch. 34.

Persons put on the pension list in virtue of

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giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," the Secretary of the Navy be, and he is hereby, authorized, at the expiration of the term of five years, for which any pension certificate shall have been granted as aforesaid, to allow the full monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pension shall continue to such person for the further term of five years: Provided, That such pension shall cease on the death of such widow, child, or children.

SEC. 2. And be it further enacted, That if any officer, seamen or marine, shall have died since the eighteenth day of June, in the year eighteen hundred and twelve, in consequence of an accident or casualty, which occurred while in the line of his duty on board a private armed vessel, leaving a widow, or, if no widow, a child or children under sixteen years of age, the Secretary of the Navy be, and he is hereby, authorized to place such widow, child, or children, on 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 moneys paid by virtue of this act shall be paid out of the privateer pension fund, and no other.

APPROVED, April 16, 1818.

STATUTE I.

April 16, 1818. CHAP. LXVI.-An Act directing the manner of appointing Indian Agents, and continuing the "Act for establishing trading houses with the Indian tribes."

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Act of March 3, 1817, ch. 43.

Act of March 3, 1821, ch. 45.

STATUTE I. April 18, 1818.

Resolution of Dec. 3, 1818. The inhabi

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the superintendent of Indian trade, the agents and assistant agents of Indian trading houses, and the several agents of Indian affairs, shall be nominated by the Presi dent of the United States, and appointed by and with the advice and consent of the Senate.

SEC. 2. And be it further enacted, That from and after the eighteenth instant, no person shall act in either of the characters aforesaid, who shall not have been thus first nominated and appointed. And every agent as aforesaid, before he shall enter upon the duties of his office, shall give bond to the United States, with two or more sufficient securities, 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.

SEC. 3. And be it further enacted, That the act entitled "An act for establishing trading houses with the Indian tribes," passed on the second day of 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.

CHAP. LXVII.-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. (a)

Be it enacted by the Senate and House of Representatives of the United tants of Illinois States of America, in Congress assembled, That the inhabitants of the ter

(a) An act for dividing the Indiana territory into two separate governments. Feb. 3, 1809, ch. 13. An act to extend the right of suffrage to the Illinois territory, and for other purposes. May 20, 1812, ch. 90.

form a constitu-
tion, &c.
The state to

ritory of Illinois be, and they are hereby, authorized to form for them- authorized to selves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the union upon the same footing with the original states, in all be admitted respects whatever.

into the Union, &c.

Boundaries of

Proviso: the

convention to

SEC. 2. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to wit; Begin- the state. ning at the mouth of the Wabash river; thence, up the same, and with the line of Indiana, to the north-west 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 its confluence with the Ohio river; and thence, up the latter river, along its north-western shore, to the beginning: Provided, That the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise they shall be and remain as now prescribed by the ordinance for the government of the territory north-west of the river Ohio: Provided also, That the said state shall have concurrent jurisdiction with the state of Indiana on the Wabash river, so far as said river shall 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.

SEC. 3. And be it further enacted, That all white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said territory six months previous to the day of election, and all persons having in other respects the legal qualifications to vote 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 representatives:
From the county of Madison, three representatives:
From the county of St. Clair, three representatives:
From the county of Monroe, two representatives:
From the county of Randolph, two representatives:
From the county of Jackson, two representatives:
From the county of Johnson, two representatives:
From the county of Pope, two representatives:
From the county of Gallatin, three representatives:
From the county of White, two representatives:
From the county of Edwards, two representatives:
From the county of Crawford, two representatives:
From 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 representatives aforesaid shall be holden on
the first Monday of July next, and the two following days, throughout
the several counties in the said territory, and shall be conducted in the
same manner, and under the same regulations, as prescribed by the laws
of the said territory regulating elections therein, for members of the House
of Representatives.

ratify the boundaries, or they by ordinance.

will remain as

Proviso: con

current jurisdic

tion on the Wabash.

And also on the Mississippi.

Qualifications of electors of representatives to form a convention.

Apportionment of representa

tives.

Bond county.
Madison.

St. Clair.

Monroe.

Randolph.

Jackson.

Johnson.

Pope.
Gallatin.

White.

Edwards.

Crawford.

Union.

Washington.

Franklin. Election to be holden on the first MOR.

day of July, 1818, &c.

An act supplementary to the act, entitled "An act dividing the Indiana territory into two separate governments." June 10, 1812, ch. 98.

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. April 18, 1818, ch. 67.

An act to provide for the due execution of the laws of the United States within the state of Illinois. March 3, 1819, ch. 70.

An act to ascertain and mark the line between the state of Alabama and the territory of Florida, and the northern boundary of the state of Illinois, and for other purposes. March 2, 1831, ch. 86.

Members to meet in conven

tion at the terri

torial seat of

government the first Monday of August, 1818, and determine,

&c.

The convention may form a constitution

&c.

SEC. 4. And be it further enacted, That the members of the conven tion, thus duly elected, be, and they are hereby, authorized to meet at the seat of government of the said territory, on the first Monday of the month of August next, which convention, when met, shall first determine, by a majority of the whole number elected, whether it be, or be not, expedient at that time to form a constitution and state government for the people within the said territory, and, if it be expedient, the convention shall be and hereby is authorized to form a constitution and state government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such 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 republican, and not repugnant to the ordinance of the thirteenth of July, seventeen hundred and eighty-seven, between the original states and the people and states of the territory north-west of the river Ohio; excepting so much of said articles as relate to the boundaries of the states therein to be formed: And provided also, That it shall appear, from the enumeration directed to be made by the legislature of the said territory, that there are, within the proposed state, not less than forty thousand inhabitants. SEC. 5. And be it further enacted, That until the next general census have one repre- shall be taken, the said state shall be entitled to one representative in the House of Representatives of the United States.

Proviso.

Proviso.

The state to

sentative until

next census.

Propositions

offered to the

convention of Illinois.

1. Section No. 16, in every township, &c., for schools.

2. Salt Springs and land reserv ed, &c granted to the state, &c.

Proviso.

3. Five per

cent. net pro

ceeds of sales

of public lands within the state

reserved.

Two-fifths for

roads.

The residue

to encourage learning, &c.

4. Thirty-six sections to be for the use of a seminary of learning.

SEC. 6. And be it further enacted, That the following propositions be and the same are hereby, offered to the convention of the said territory of Illinois, when formed, for their free acceptance or rejection, which if accepted by the convention, shall be obligatory upon the United States and the said state.

First. That section numbered sixteen, in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the use of the inhabitants of such township, for the use of schools.

Second. That all salt springs within such state, and the land reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell nor lease the same for a longer period than ten years, at any one time.

Third. That five per cent. of the net proceeds of the lands lying within such state, and which shall be sold by Congress, from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz: two-fifths to be disbursed, under the direction of Congress, in making roads leading to the state; the residue to be appropriated, by the legislature of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.

Fourth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in 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 conditions that the convention of the said state shall provide, by an ordinance irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after

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