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SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated viz.

For defraying the expenses incidental to making examinations and surveys for National works, under the act of thirtieth April, one thousand eight hundred and twentyfour, including five thousand one hundred and four dollars and twentyseven cents, for arrearages on account of surveys and office rent, in the years one thousand eight hundred and twentysix, one thousand eight hundred and twentyseven, and one thousand eight hundred and twentyeight, thirty thousand dollars. For continuing the road from Detroit to Fort Gratiot, seven thousand dollars. For continuing the road from Detroit to Saginaw Bay, seven thousand dollars.

For continuing the road from Detroit to Chicago, eight thousand dollars.

For completing repairs on the road between Alachua Court House, and Jack sonville, in Florida, two thousand dollars.

For completing the road from Alagua to Mariana, two thousand dollars.

For completing the survey and estimate of a canal to connect the waters of the Atlantic with the Gulf of Mexico, ten thousand four hundred dollars. And it shall be the duty of the Secretary of War to cause a detailed report to be made out, shewing the practicability or impracticability of making a ship or other canal, and the reasons for either, with an estimate of the probable expense and advantages of such canal as may be considered practicable.

SECT. 2. And be it further enacted, That the sum of one hundred thousand dollars be, and the same is hereby appropriated for the purpose of opening, grading and making the Cumberland road, westwardly of Zanesville, in the State of Ohio; and that the sum of sixty thousand dollars be, and the same is hereby appropriated for the purpose of opening, grading, and bridging the Cumberland road, in the State of Indiana, commencing at Indianopolis, and progressing with the work to the eastern and western boundaries of said State, and that the sum of forty thousand dollars be, and the same is hereby appropriated for the purpose of opening, grading, and bridging the Cumberland road in the State of Illinois; which said sums shall be paid out of any money not otherwise

appropriated, and replaced out of the fund reserved for laying out and making roads, under the direction of Congress, by the several acts passed for the admission of the States of Ohio, Indiana, Illinois, and Missouri, into the Union, on an equal footing with the original States.

SECT. 3. And be it further enacted, That for the immediate accomplishment of these objects, the superintendents heretofore appointed, or hereafter to be appointed in the States of Ohio, Indiana, Illinois, shall, under the direction of the President of the United States, faithfully execute the work, and disburse the money, giving bond and security as he shall direct, and receiving such compensation as in his opinion shall be equitable and just, not exceeding to each that heretofore allowed by law to the Superintendent of the Cumberland road in the State of Ohio.

SECT. 4. And be it further enacted, That the sum of fifteen thousand dollars be, and the same is hereby granted, for claims due and remaining unpaid at the Treasury, on account of the Cumberland road, east of Wheeling, to be paid out of any money in the Treasury not otherwise appropriated.

I approve this bill, and ask a reference to my communication to Congress of this date, in relation thereto.

ANDREW JACKSON.

CHAP. 234. An Act making additional Appropriations for pay of the Marine Corps.

CHAP. 235. An Act to authorize the payment of the Claim of the State ofMassachusetts, for certain services of her Militia during the late war.

SECT. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury, under the superintendence of the Secretary of War, be, and they are hereby authorized and directed to credit and settle the claims of the State of Massachusetts against the United States for the services of her Militia during the late war, in the following cases: First, where the Militia of the said State were called out to repel actual invasion, or under a well founded apprehension of invasion: Provided, their numbers were not in undue proportion to the exigency: second, where they were called out by the authority of the State, and afterwards

recognised by the Federal Government; and thirdly, where they were called out by, and served under, the requisition of the President of the United States, or of any officer thereof.

SECT. 2. And be it further enacted, That the sum of four hundred and thirty thousand seven hundred and fortyeight dollars and twentysix cents, if so much be necessary, be applied to the foregoing purposes, out of any moneys in the Treasury, not otherwise appropriated.

CHAP. 236. An Act for the relief of sundry

Citizens of the United States who have lost property by the depredations of certain Indian tribes.

Approved May 31, 1830.

RESOLUTIONS.

No. 1. Resolution, authorizing the purchase of fifty copies of the sixth volume of the Laws of the United States.

Approved, Dec. 29, 1829.

2. Resolution, granting the use of the books in the Library of Congress, to the Heads of Departments, to certain officers of Congress, and to Ex-Presidents of the United States.

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Senate and Speaker of the House of Representatives, for the time being, be, and they are hereby authorized to grant the use of the books in the Library of Congress, to the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster General, the Secretary of the Senate, and Clerk of the House of Representatives, the Chaplains of Congress, and any individual when in the District of Columbia, who may have been President of the United States; at the times, and on the same terms, conditions, and restrictions, as members of Congress are allowed to use said books.

Approved, Jan. 13, 1830.

No. 3. A Resolution authorizing the transmission of papers, by mail, relating to the fifth Census.

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the thirteenth section of the act of the third of March, one thousand eight hundred and twentyfive, as restricts the weight of packages by mail, shall not apply to the transmission

of papers relating to the fifth census, or enumeration of the inhabitants of the United States.

Approved, April 30, 1830. No. 4. Resolution for obtaining the aggregate returns of former, enumerations of the population of the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Clerks of the several District and Superior Courts of the United States be, and they are hereby directed to transmit to the Secretary of State, the several returns of the enumeration of the Inhabitants of the United States, filed in their respective offices by direction of the several acts of Congress, passed the first of March, one thousand seven hundred and ninety; the twentyeighth of February, one thousand eight hundred; the twentysixth of March, one thousand eight hundred and ten; and the fourteenth of March, one thousand eight hundred and twenty.

Approved, May 28, 1830.

No. 5. Resolution to suspend proceedings against the Corporation of the House of Refuge in New York.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That is hereby directed to suspend all prothe Secretary of the Treasury be, and ceedings for the collection of a debt due to the United States from the Society or Corporation of the House of Refuge in the State of New York, until the end of the next session of Congress.

No. 6. Resolution in relation to the Com

pensation of Officers of the Marine Corps.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the pay, subsistence, emoluments and allowances received by the officers of the Marine Corps, previous to the first of April, eighteen hundred and twentynine, be, and the same is hereby directed to be continued to them from that date up to the twentyeighth of February one thousand eight hundred and thirtyone.

No. 7. Resolution requiring annual Re

ports to be made to Congress, in relation to applications for Pensions. Resolved by the Senate and House of Representatives of the United States of

America in Congress assembled, That the Heads of Department, who may severally [be] charged with the administration of the pension laws of the United States of America, be, and they hereby are, respectively, directed and required, as soon as may be after the opening of each Session of Congress, to present to the Senate and House of Representatives, a several list of such persons, whether Revolutionary, invalid, or otherwise, as shall have made application for a pension, or an increase of pen

sion, and as, in their opinion, respectively, ought to be placed upon the pension roll, or otherwise provided for, and for doing which they have no sufficient power or authority, with the names and residence of such persons, the capacity in which they served, the degree of relief proposed, and a brief statement of the grounds thereof, to the end that Congress may consider the same.

Approved, May 29, 1830.

21

TRIALS AND LEGAL DECISIONS.

CONSTITUTIONAL QUESTIONS,

DECIDED BY THE

SUPREME COURT OF THE UNITED STATES, JANUARY TERM, ì830.

James Jackson ex. dem Harman V. Hart vs. Elias Lamphire.

THIS case was brought by writ of Error, from the court of errors, for the State of New York. It arose out of a conflicting claim to a military tract in Dryden, Tompkins County, and formerly part of Onondaga County.

The title of the plaintiff was derived from a patent issued to John Cornelius, July 17th, 1790, and a conveyance in fee from the patentee, to Henry Hart, ancestor of the plaintiff, dated, January 17th, 1784, and proved and recorded, April 25th, 1795.

Defendant's title was derived from the same patent, and a deed from the patentee to Samuel Broom, executed June 23d, 1784, proved Oct. 31st, 1791, and recorded April 3d, 1795.

S. Brewer conveyed by deed to W. J. Vredenburgh, by whom the lot was conveyed to defendant. On the 24th of March, 1797, an act was passed by the legislature of New York, to settle disputes concerning titles to lands in the County of Onondaga. Under this act the land in dispute was awarded to defendant. An action of ejectment was brought for its recovery, and under the directions of the Judge, the jury found a verdict for the defendant. That decision having been confirmed, the cause was brought up on the following points: that the letters patent created a contract

that the patentee should not be deprived of his land by any law inconsistent with the State Constitution - that the act was in violation of the State Constitution that it impaired the obligation of contracts that the commission created by it was an arbitrary court, whose decisions were not binding - not

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being in conformity with the laws of the land. Mr Storrs argued the cause in behalf of the plaintiff, and Mr Hoffman for the defendant. Justice Baldwin delivered the opinion of the court.

Both parties claim the premises in question, under John Cornelius, to whom the State of New York granted them by patent, dated the 17th of July, 1790, in consideration of his military services in the revolutionary war.

Six years before the date of the patent, and while the title of Cornelius was imperfect, he conveyed the premises to Henry Hart, the father of the plaintiff's lessor, by deed, dated January 17th, 1784, proved and deposited in the office of the clerk of the County of Albany, according to law, on the 25th of April, 1795.

Henry Hart died in 1788, leaving the plaintiff, his only child and heir at law, who was born the 21st of September, 1784, removed to Canada in 1791, and remained there till 1807, or 1808, when he returned to Albany, where he resided till the commencement of this suit of May Term, 1825: he claims as heir at law to his father.

On the 23d of June, 1784, John Cornelius conveyed the same premises to Samuel Broom by deed, duly proved and deposited as aforesaid on the 3d of April, 1795. The title of Broom, by sundry mesne conveyances, became vested in William J. Vredenburgh, who conveyed to the defendant, The premises were vacant till 1803, when possession was taken under Vredenburgh, who then held the title of Broom.

The defendant did not question the

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