*See the act of 20th Feb. 1811, chapter 113; and act of Sth April, 1812, chap. 128.

ceded territory

the Mississippi

extending to the

CHAP. 70.-An act erecting Louisiana into two Territories, and providing for the temporary government thereof.*

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asThat portion of the sembled, That all that portion of country ceded by France to which lies south of the United States, under the name of Louisiana, which lies Territory, &c., and south of the Mississippi Territory, and of an east and west western boundary line, to commence on the Mississippi river, at the thirty-third of the cession, to degree of north latitude, and to extend west to the western ritory of Orleans, boundary of the said cession, shall constitute a Territory of the United States, under the name of the Territory of Orleans; the Government whereof shall be organized and administered as follows:

constitute the Ter

&c.

The legislative

power to be vested

teen, to be appoint

President, &c.

of the Governor and Council.

No law valid

which is inconBistent with the constitution, &c.

[Sections 2 and 3 irrelevant ]

SEC. 4. The legislative power shall be vested in the Govin a Governor, and ernor, and in thirteen of the most fit and discreet persons of Council of thir- the Territory, to be called the Legislative Council, who shall ed annually by the be appointed, annually, by the President of the United States, from among those holding real estate therein, and who shall have resided one year, at least, in the said Territory, and hold no office of profit under the Territory or the United States. Legislative powers The Governor, by and with the advice and consent of the said Legislative Council, or of a majority 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 subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States, or which shall lay any person under restraint, burden, or disability, on account of his religious opinions, professions, or worship; in all which he shall be free to maintain his own, and not burdened for those of another. The Governor shall publish, Publith the tow throughout the said Territory, all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress; which, if disapproved of by Congress, shall thenceforth be The Governor or of no force. The Governor or Legislative Council shall no power over the have no power over the primary disposal of the soil, nor to the soil, &c. tax the lands of the United States, nor to interfere with the The Governor may claims to land within the said Territory. The Governor convene and pro, shall convene and prorogue the Legislative Council when&c., and to com- ever he may deem it expedient. It shall be his duty to obtion, &c. to the tain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said Territory, and communicate the same, from time to time, to the President of the United States.

The Governor to

report the President, and Congress may dis approve, &c.

Council to have

primary disposal of

rogue the Council,

municate informa

President.

The residue of the

province ceded, to be called the dis

&c.

[Sections 5, 6, 7, 8, 9, 10, and 11, irrelevant.]

SEC. 12. The residue of the province of Louisiana ceded trict of Louisiana, to the United States shall be called the district of Louisiana,† the Government whereof shall be organized and administered as follows:

+See act of June 4,

1812, chap. 139.

The exccutive power now vested in the Governor of the

power vested in

diana, to be exer

trict of Louisiana,

judges of Indiana

rior courts in the

Proviso; no law

sistent with the

by jury.

Indiana Territory shall extend to, and be exercised in, the The executive said district of Louisiana. The Governor and judges of the the Governor (f I 1Indiana Territory shall have power to establish, in the said cised in the dis district of Louisiana, inferior courts, and prescribe their ju- &c. risdiction and duties, and to make all laws which they may The Governor and deem conducive to the good government of the inhabitants to establish infethereof: Provided, however, That no law shall be valid district, make which is inconsistent with the constitution and laws of the laws, &c. United States, or which shall lay any person under restraint valid that is inconor disability on account of his religious opinions, profession, constitution, &c. or worship; in all of which he shall be free to maintain his own, and not burdened for those of another: And provided, Proviso; as to trial also, That, in all criminal prosecutions, the trial shall be by a jury of twelve good and lawful men of the vicinage; and in all civil cases, of the value of one hundred dollars, the trial shall be by jury, if either of the parties require it. The Two courts anjudges of the Indiana Territory, or any two of them, shall tion of the judges, nually; jurisdic hold, annually, two courts within the said district, at such &c. place as will be most convenient to the inhabitants thereof in general, shall possess the same jurisdiction they now possess in the Indiana Territory, and shall continue in session until all the business depending before them shall be disposed of. It shall be the duty of the secretary of the Indiana Territory The secretary of to record and preserve all the papers and proceedings of the tory to record and Governor, of an executive nature, relative to the district of preserve the executive proceedings Louisiana, and transmit authentic copies thereof, every six of the Governor months, to the President of the United States. The Gov-trict of Louisiana. ernor shall publish, throughout the said district, all the laws which may be made as aforesaid, and shall, from time to time, report the same to the President of the United States, to be laid before Congress; which, if disapproved of by Congress, Laws disapproved shall thenceforth cease and be of no effect.

the Indiana Terri

relative to the dis

cease, &c.

Louisiana to be di

The said district of Louisiana shall be divided into dis- The district of tricts by the Governor, under the direction of the President, vided into disas the convenience of the settlements shall require, subject tricts, &c. to such alterations hereafter as experience may prove more

convenient.

between

pointed by the

The inhabitants of each district, between the The inhabitants ages of eighteen and forty-five, shall be formed into a militia, 46, to be formed with proper officers, according to their numbers, to be ap- into a militia. pointed by the Governor, except the commanding officer, The commanding who shall be appointed by the President, and who, whether officer to be ap a captain, a major, or a colonel, shall be the commanding President, &c., his officer of the district, and, as such, shall, under the Gov- &c. ernor, have command of the regular officers and troops in his district, as well as of the militia, for which he shall have a brevet commission, giving him such command, and the pay and emoluments of an officer of the same grade in the regular army; he shall be specially charged with the employment of the military and militia of his district, in cases of sudden invasion or insurrection, and until the orders of the Governor can be received, and at all times with the duty of ordering a military patrol, aided by militia if necessary, to arrest unau

Laws in force in the district, &c., not inconsistent with this act, to

thorized settlers in any part of his district, and to commit such offenders to gaol, to be dealt with according to law.

SEC. 13. The laws in force in the said district of Louisiana, at the commencement of this act, and not inconsistent continue until al with any of the provisions thereof, shall continue in force. tered, &c. until altered, modified, or repealed, by the Governor and judges of the Indiana Territory, as aforesaid.

within the terri

was, at the date of

Ildefonso in the

null, &c.

Laws U. S., vol. 1, page 135.

All grants for lands SEC. 14. And be it further enacted, That all grants for tories ceded, &c., lands within the territories ceded by the French republic to the title whereof the United States, by the treaty of the thirtieth of April, in the treaty of St. the year one thousand eight hundred and three, the title Crown, &c., of whereof was, at the date of the treaty of St. Ildefonso,* in Spain, &c.declared the Crown, Government, or nation of Spain, and every act *1st Oct. 1900. See and proceeding subsequent thereto, of whatsoever nature, towards the obtaining any grant, title, or claim, to such lands, and under whatsoever authority transacted, or pretended, be, and the same are hereby, declared to be, and to have been from the beginning, null, void, and of no effect in law or Proviso; nothing in equity: Provided, nevertheless, That any thing in this secthis section tomake tion contained shall not be construed to make null and void void any bonafide grant, agreeably to any bonafide grant, made agreeably to the laws, usages, and the laws, usages, &c., of the Spanish customs, of the Spanish Government, to an actual settler on Government, &c. the lands so granted, for himself, and for his wife and family; or to make null and void any bonafide act or proceeding done by an actual settler, agreeably to the laws, usages, and customs, of the Spanish Government, to obtain a grant for lands actually settled on by the person or persons claiming title thereto, if such settlement, in either case, was actually made prior to the twentieth day of December, one thousand eight hundred and three: And provided, further, That such grant shall not secure to the grantee, or his assigns, more than one mile square of land, together with such other and further quantity as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws, usages, Citizens, &c., ma and customs, of the Spanish Government. And that if any on lands, &c., citizen of the United States, or other person, shall make a of Louisiana, &c., settlement on any lands belonging to the United States, withto forfeit not ex in the limits of Louisiana, or shall survey, or attempt to surimprison- vey, such lands, or to designate boundaries, by marking trees or otherwise, such offender shall, on conviction thereof, in any court of record of the United States, or the Territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months; and it shall, moreover, be lawful for the President military force to of the United States to employ such military force as he may tempting settle judge necessary to remove, from lands belonging to the United States, any such citizen or other person who shall attempt a settlement thereon. (1)

Proviso; the grants

referred to, not to secure to the grantee more than

a mile square, &c.

king settlements

within the limits

ceeding $1,000, and

suffer ment, &c.

The President may employ the

remove persons at

ments.

The President au

SEC. 15. The President of the United States is hereby late with any In- authorized to stipulate with any Indian tribes, owning lands

thorized to stipu

dian tribes, &c.,

for an exchange of

lands, &c.

(1) See Part II, Nos. 1 and 19.

knowledge them

protection of the

on the east side of the Mississippi, and residing thereon, for an exchange of lands the property of the United States, on the west side of the Mississippi, in case the said tribes shall remove and settle thereon; but, in such stipulation, the said The tribes to actribes shall acknowledge themselves to be under the protec- selves under the tion of the United States, and shall agree that they will not United States, &c. hold any treaty with any foreign Power, individual State, or with the individuals of any State or Power; and that they will not sell or dispose of the said lands, or any part thereof, to any sovereign Power, except the United States, nor to the subjects or citizens of any other sovereign Power, nor to the citizens of the United States. And in order to maintain The act to regulate trade and inpeace and tranquillity with the Indian tribes who reside with- tercourse with the in the limits of Louisiana, as ceded by France to the United tended to the Ter States, the act of Congress passed on the thirtieth day of ritories erected by March, one thousand eight hundred and two, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," is hereby extended to the Territories erected and established by this act; and the $15.000 appropriasum of fifteen thousand dollars, of any money in the Treas- President to effect ury not otherwise appropriated by law, is hereby appro- ed in this section. priated to enable the President of the United States to effect the object expressed in this section.

[Section 16 irrelevant.]

Approved, March 26, 1804.

[See Part II, No. 29.]

Indian tribes, ex

this act, &c.

ted to enable the

the object express

CHAP. 71.—An act supplementary to the act entitled "An act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the State of Tennessee."*

Tervirtue sup

in

*See original act of 3d March, 1803; ante, chap. 62.

lands in the Mis

Persons claiming sissippi Territory, British or Spanish grant, or, &c., may, writing, of their claims, to the relying west of Pearl

by virtue of any

until the 30th Nov. 1804, give notice,in

gister for the lands

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons claiming lands in the Mississippi ritory, by virtue of any British or Spanish grant, or by of the three first sections of the act to which this is a plement, or of the articles of agreement and cession with the State of Georgia, may, after the last day of March, the year one thousand eight hundred and four, and until the last day of November then next following, give notice, in writing, of their claims, to the register of the land office for the lands lying west of Pearl river, and have the same recorded in the manner prescribed by the fifth section of the act to which this is a supplement: Provided, however, That Proviso, where where lands are claimed by virtue of a complete Spanish or by virtue of a com British grant, in conformity with the articles of agreement British grant, &C., and cession between the United States and the State of it will not be ne Georgia, it shall not be necessary for the claimant to have any other evidence any other evidence of his claim recorded except the origi- the original grant, nal grant or patent, together with the warrant or order of survey, and the plot; but all the subsequent conveyances or

lands are claimed

plete Spanish or

cessary to have

recorded except

&c.

conveyances

or

ited with the regis

ter, etc.

in the commission

All subsequent deeds shall be deposited with the register, to be by him laid deeds to be depos- before the commissioners, when they shall take the claim into consideration: and the powers vested by law in the The powers vested commissioners appointed for the purpose of ascertaining the ers for ascertaining claims to lands lying west of Pearl river shall, in every rewest of Pearl river, spect, extend and apply to claims which may be made by made by virtue of virtue of this section, and the same proceedings shall thereupon be had as are prescribed by the act aforesaid in relation to claims which shall have been exhibited on or before the last day of March, in the year one thousand eight hundred and four.

claims to lands

to apply to claims

this section, etc.

The commissioners for adjusting

west of Pearl river

journ from time to

ed, etc.

vent the commis

acting and decid

on claims exhibit

etc.

When any Span

SEC. 2. And be it further enacted, That the commissionclaims to lands ers aforesaid, appointed to adjust the claims to lands lying empowered to ad- west of Pearl river, shall have power to adjourn, from time time, etc., provid. to time, and for such time as they may think fit: Provided, however, That they shall meet on the first day of December, in the year one thousand eight hundred and four, and shall not afterwards adjourn for a longer time than three days, nor until they shall have completed the business for which they Proviso; nothing were appointed: And provided, also, That nothing conin this act to pre- tained in this act, nor in that to which this is a supplement, sioners, etc. from shall be construed to prevent the said commissioners, nor ing, at any time, those appointed to adjust the claims to lands lying east of ed, etc., although, Pearl river, from acting and deciding at any time on any claim which has been exhibited in the manner prescribed by law, although the evidence of the same may not, at that time, have been transcribed on the books of the register. SEC. 3. And be it further enacted, That when any Spanproduced to either ish grant, warrant, or order of survey, shall be produced to for lands, etc. not either of the said boards of commissioners, for lands which etc., the commis, were not, at the date of such grant, warrant, or order of sioners not bound survey, or within one year thereafter, inhabited, cultivated, grant, etc. as con- or occupied, by or for the use of the grantee; or whenever of title, but may either of the said boards shall not be satisfied that such require other proof, grant, warrant, or order of survey, did issue at the time when the same bears date, the said commissioners shall not be bound to consider such grant, warrant, or order of survey, as conclusive evidence of the title, but may require such other proof of its validity as they may deem proper: The boards to and the said boards shall make a full report to the Secretary to the Secretary of of the Treasury, to be by him laid before Congress, for their the Treasury to final decision of all claims grounded on such grants, wargress, etc. rants, or orders of survey, as may have been disallowed by the said boards, on suspicion of their being antedated, or See act of 28th otherwise fraudulent.*

ish grant, etc. is

of the boards, etc.

inhabited, etc., or,

clusive evidence

etc.

make a full report

be laid before Con

SEC. 4. And be it further enacted, That the Secretary of The Secretary of the Treasury shall be, and he is hereby, authorized to emthorized to employ ploy an agent, whose compensation shall not exceed one compensation not thousand five hundred dollars in full for all his services, for full, etc., to appear the purpose of appearing before the said commissioners, in before the commis; behalf of the United States, to investigate the claims for the United States, lands, and to oppose all such as he may deem fraudulent

to exceed $1,500 in

sioners,in behalf of

to investigate

claims, etc.