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(ACT of March 20, 1819.) Children of persons naturalized before April 14th, 1802, under age at the time of their parents naturalization, were, if dwelling in the United States on the 14th of April 1802, to be considered as citizens of the United States. 6 Cranch, 177.
An alien enemy may take lands in Virginia by devise, and hold the same until office found. 7 Cranch, 603.
If the plaintiff become an alien enemy after judgment below, it is no objection to affirmance in the supreme court. 9 Cranch, 180.
Under the Constitution of the United States, the power of naturalization is exclusively in congress. 2 Wheaton, 259, 269.
Alien enemy may take lands by purchase, though not by descent; whether by grant or devise. 3 Wheaton, 14.
Title thus acquired, is not devested until office found. ib.
Treaty of 1794, relates to lands then held by British subjects, not to after acquired lands. The 9th article protects the title of a British devisee, whose estate has not been previously devested by inquest of office or some equivalent proceeding. ib. and 4 Wheaton, 453.
An alien may take an estate in lands by the act of the parties as by purchase, but he cannot take by the act of the law as by descent. Where a person dies leaving issue who are aliens, they are not deemed his heirs in law; but the estate descends to the next or kin who have inheritable blood, in the same manner as if no such alien issue were in existence. ib. An alien enemy cannot sustain a suit in the courts of the United States.
1 Gallison, 366. There is no legal difference as to the plea of alien enemy between a corporation and an individual. 2 Gallison, 105.
ACT of March 20, 1819. Pamphlet edit. 44. 1. Sec. I. From and after the fourth day of July next, all that part of the territory of Missouri which lies south of a line beginning on the Mississippi river, at thirty-six degrees north latitude, running thence west to the river St. Francois; thence, up the same, to thirty-six degrees thirty minutes north latitude; and thence, west, to the western territorial boundary line; shall, for the purposes of a territorial government, constitute a separate territory, and be called the Arkansaw territory.
(ACT of March 20, 1819.) 2. Sec. II. There shall be established in the said territory of Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.
3. Sec. 111. The executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office during three years, unless sooner removed by the president of the United States: he shall be commander in chief of the militia of said territory, shall have power to appoint and commission all officers required by law to be appointed for said territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the president thereon shall have been made known; shall, on extraordinary occasions, have power to convene the general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall, ex officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law given to, and imposed on, the governor of the Missouri territory, in all cases in which they shall become legally applicable to the territory of Arkansaw.
4. Sec. iv. There shall be a secretary for the said territory, who shall reside therein, and continue in office for the term of four years, unless sooner removed by the president: he shall perform all the duties imposed on the secretary for the territory of Missouri, by an act of congress of the fourth of June, eighteen hundred and twelve, entitled “ An act providing for the government of Missouri."
5. Sec. v. The legislative power shall, until the organization of the general assembly, hereinafter provided for, be vested in the governor and the judges of the superior court of the territory, who shall have power to pass any law for the administration of justice in said territory, which shall not be repugnant to this act, or inconsistent with the constitution of the United States: Provided, That whenever the general assembly shall be organized, all the legislative power of the territory shall be vested in, and be exercised by, the said general assembly.
6. Sec. vi. So much of the act of congress of the fourth of June, eighteen hundred and twelve, entitled “ An act providing for the government of the territory of Missouri,” as relates to the organization of a general assembly therein, prescribes the powers and privileges thereof, the mode of election, and period of service, of the members thereof, and defines the qualifications and privileges of the electors and elected, shall be in full force and operation in the Arkansaw territory, to the extent of its application, so soon as the governor thereof shall be satisfied that such is the desire of a majority of the freeholders thereof, and not until then: Provided, That until there shall be five thousand
(ACT of March 20, 1819.) free white males, of the age of twenty-one years and upwards, resident in the said territory, the whole number of representatives shall not exceed nine.
7. Sec. vii. The judicial power of the territory shall be vested in a superior court, and in such inferior courts as the legislative department of the territory shall, from time to time, institute and establish, and in justices of the peace. The superior court shall be composed of three judges, who shall reside in the territory, and continue in office for the term of four
unless sooner removed by the president. The superior court shall have jurisdiction in all criminal and penal cases, and exclusive cognizance of all capital cases, and shall have and exercise original jurisdiction, concurrently with the inferior courts, and exclusive appellate jurisdiction in all civil cases in which the amount in controversy shall be one hundred dollars or upwards. The superior court shall be holden at such times and place, or places, as the legislative department shall direct, and continue in session until the business therein shall be disposed of, or as long as shall be prescribed by law. Provided, That any two of the judges shall constitute a court of appellate, and any one a court of original, jurisdiction.
8. Sec. VII. The guvernor, secretary, judges, and all other officers, of the territory, civil and military, shall, before they enter on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States, and to discharge, with fidelity, the duties of their offices; the governor, before a judge of the supreme or district court of the United States, or a judge of the superior court of the said territory; the secretary and judges, before the said governor, or a judge of the supreme or district court of the United States; and all other officers, before the governor, or any of the judges of the supreme or inferior courts, or justices of the peace, of said territory.
9. Sec. IX. The governor, secretary, and judges of the superior court authorized for said territory, during the temporary government thereof, shall be appointed by the president of the United States, with the advice and consent of the senate: Provided, That the president shall have full power, during the recess of the senate, to commission all or any of the said officers, until the end of the session of congress next succeeding the date of the commission. The governor, secretary, and judges of the superior court, shall receive the same compensation, payable quarter yearly, which the governor, secretary, and superior judges, of the Missouri territory are entitled to by law.
10. SEC. X. All the laws which shall be in force in the territory of Missouri, on the fourth day of July next, not inconsistent with the provisions of this act, and which shall be applicable to the territory of Arkansaw, shall be, and continue, in force in the latter
(ACT of April 21st, 1820.) territory, until modified or repealed by the legislative authority thereof.
11. Sec. XI. The bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from all taxes, for the term of three years from and after the date of the patents respectively.
12. Sec. XII. Whenever, according to the provisions of this act, the people of the Arkansaw territory shall have a right to elect members of the house of representatives of their general assembly, they shall also have the right to elect a delegate from the said territory to the congress of the United States, who shall possess the same powers, enjoy the same privileges, and receive the same compensation, granted and secured by law to the delegates from other territories.
13. SEC. XII. Until otherwise directed by the legislative department of the said territory of Arkansaw, the seat of the territorial government thereof shall be the post of Arkansaw, on the Arkansaw river.
14. Sec. xiv. The line now established by law, between the land offices at the seat of justice in the county of Lawrence, and at the town of Jackson, in the county of cape Gireadeau, shall, from and after the passage of this act, be so altered as to run, be the same, and correspond, with the northern line of the said territory of Arkansaw, any thing in the act, entitled " An act making provision for the establishment of additional land offices in the territory of Missouri,” passed the seventeenth day of February, one thousand eight hundred and eighteen, to the contrary notwithstanding
ACT of March 17th, 1820. Pamphlet edit. 29. 15. Sec. I. The president of the United States is hereby authorized to appoint a receiver of the public moneys, and register of the land office for the district of Lawrence county, in the Arkansas territory:
16. Sec. 11. Any person having claim to a right of preemption within the said district, shall make known his claim and location, according to the provisions of the laws now in force, to the register at least six weeks before the time to be designated by the president of the United States, for issuing patents to the soldiers of the late army, entitled to bounty land in said district.
ACT of April 21st, 1820. Pamphlet edit. 61. 17. Sec. I. The act of congress passed on the fourth day of June, one thousand eight hundred and twelve, providing for the government of the territory of Missouri, as modified by the act of congress passed on the twenty-ninth day of April, one thousand eight
(Act of April 2d, 1794.) hundred and sixteen, entitled “ an act to alter certain parts of the act aforesaid," shall be considered as applicable to the government of the territory of Arkansas, and shall have reference to the proceedings of the said territory, in organization of the second grade of the territorial government assumed by said territory, under an act of congress of the second March, one thousand eight hundred and nineteen, establishing the territory of Arkansas; and all and every step taken under the last mentioned act shall be considered valid, if not inconsistent with the three before recited acts taken together.
ACT of April 2d, 1794. 2 Bioren, 386. An act to provide for the erecting and repairing of arsenals and magazines, and
for other purposes. 1. Sec. I. For the safe keeping of the military stores, there shall be established under the direction of the president of the United States, three or four arsenals with magazines, as he shall judge most expedient, in such places as will best accommodate the different parts of the United States. Either or both of the arsenals heretofore used at Springfield and Carlisle, to be continued as part of the said number, at his discretion: Provided, that none of the said arsenals be erected, until purchases of the land necessary for their accommodation be made with the consent of the legislature of the state, in which the same is intended to be erected.
2. Sec. II. There shall be established, at each of the aforesaid arsenals, a national armory, in which shall be employed one superintendent, and one master-armorer (who shall be appointed by the president of the United States) and as many workmen, as the secretary for the department of war shall, from time to time, deem