consist of eleven members, to be chosen as follows: three shall be chosen from the Western Judicial District, including the county of Franklin, by general ticket of the qualified voters of the counties of said district, including the said county of Franklin; four from the Middle Judicial District, east of the Apalachicola river, to be chosen also by general ticket of the qualified voters of the counties of said district, so limited as aforesaid; three from the Eastern Judicial District, to be chosen also by general ticket of the qualified voters of the counties of said district; and one from the Southern Judicial District, to be chosen also by general ticket of the qualified voters of the counties for said district. Said Senators shall be elected for the term of two years.(1) The members of the said Legislative Council shall receive each four dollars per diem during the session thereof, and four dollars for every twenty miles' travel to and from the seat of Government; the distance to be computed by the most direct route from the member's place of residence to the place where the session is held.(2) The said Senators shall be elected in October next, at the same time, in the same manner, and by the same qualified voters as is now prescribed by law, for the election of members of the present Legislative Council, and biennially thereafter, in the manner that may be prescribed by the said Legislative Council; and the returns of the election of said Senators shall be made by the marshals of each of said districts to the Governor, in such manner as shall be prescribed by the Governor.(3) The Legislative Council, by and with the consent of the Governor, are hereby vested with full power, at their first session, or at any time thereafter, to apportion the representatives of either House of said Legislative Coun cil, as to them may seem best and proper, according to the population of the Territory; and may, for the purpose of more effectually equalizing said representation, increase the Senate to any number not exceeding fifteen in the whole.(4) No session of said Legislative Council in any year, shall exceed the term of seventy-five days.(5) All acts and parts of acts heretofore passed, in relation to the Legislative Council of Florida, which are inconsistent with or repugnant to the provisions of this act, are hereby repealed.(6) ART. 1. The transfer of the fourth instalment of deposites directed to be made with the States, under the 13th section of the act of June 23d, 1836, (see article 172,) is hereby postponed until the 1st day of January, 1839: Provided, That the three first instalments under the said act, shall remain on deposite with the States, until otherwise directed by Congress.(1) 2. The President is hereby authorized to cause Treasury notes for such sum or sums as the exigencies of the Government may require, but not exceed ing, in the whole amount of notes issued, the sum of ten millions of dollars, and of denominations not less than fifty dollars for any one note, to be prepared, signed, and issued in the manner hereinafter provided.(2) The Treasury notes authorized to be issued by the first section of this act, shall be reimbursed and redeemed by the United States, at the Treasury thereof, after the expiration of one year from the dates of the said notes respectively; from which dates, for the term of one year, and no longer, they shall bear such interest as shall be expressed upon the face of the said notes; which rate of interest upon each several issue of the said notes shall be fixed by the Secretary of the Treasury, by and with the advice and ap probation of the President; but shall in no case exceed the rate of interest of six per centum per annum. The reimbursement herein provided for shall be made at the Treasury, to the holders of the said notes respectively, upon presentment, and shall include the principal of each note, and the interest which may be due thereon at the time of payment. For this reimburse. ment, at the time and times herein specified, the faith of the United States is hereby solemnly pledged.(3) 3. The said Treasury notes shall be prepared under the direction of the Secretary of the Treasury, and shall be signed, on behalf of the United States, by the Treasurer thereof, and countersigned by the Register of the Treasury; and those officers respectively shall, as checks upon each other, and to secure the public safety, keep separate, full and accurate accounts of the number, date, denomination, and amount of all the notes signed and countersigned by them respectively; which said accounts shall be carefully preserved and placed on file in the Treasury Department; and, also, similar accounts, kept and preserved in the same manner, of all the said notes redeemed, as the same shall be returned and cancelled; and the Treasurer shall further account quarterly, for all such notes delivered to him for his signature or issue by the Register. The Treasurer and Register are hereby authorized, by and with the consent and approbation of the Secre tary of the Treasury, to employ such additional temporary clerks as the duties enjoined upon them by this section may render necessary: Provided, (1) Act 2d October, 1837. (2) Act 12th October, 1837, sec. 1. (3) Ibid. sec. 2. said number shall not exceed four, and with a salary of not more than at the rate of twelve hundred dollars to each per annum.(1) 4. The Secretary of the Treasury is hereby authorized, with the approbation of the President, to cause to be issued such portion of the said Treasury notes as the President may think expedient, in payment of debts due by the United States, to such public creditors, or to other persons as may choose to receive such notes in payment, as aforesaid, at par. And the Secretary of the Treasury is further authorized, with the approbation of the President, to borrow, from time to time, not under par, such sums as the President may think expedient, on the credit of such notes.(2) 5. The said Treasury notes shall be transferable by delivery and assignment endorsed thereon, by the person to whose order the same shall, on the face thereof, have been made payable.(3) 6. The said Treasury notes shall be received in payment of all duties and taxes laid by the authority of the United States, of all public lands sold by the said authority, and of all debts to the United States, of any character whatsoever, which may be due and payable at the time when said Treasury notes may be so offered in payment. And on every such payment, credit shall be given for the amount of the principal and interest, which, on the day of such payment, may be due on the note or notes thus given in payment.(4) Any person making payment to the United States in such Treasury notes, into the hands of any collector, receiver of public money, or other public officer or agent, shall on books, kept according to such forms as shall be prescribed by the Secretary of the Treasury, give duplicate certificates of the number and respective amount of principal and interest of each and every Treasury note thus paid by such person; and every collector, receiver of public moneys, or other public officer or agent, who shall thus receive any of the said Treasury notes in payment, shall, on payment of the same, receive credit both for principal and interest, computed as aforesaid, which on the day of such last mentioned payment shall appear due on the note or notes thus paid in, and he shall be charged for the interest accrued on such note or notes from the day on which the same shall have been received by him in payment as aforesaid, to the day on which the same shall be paid by him as aforesaid.(5) 7. The Secretary of the Treasury is hereby authorized and directed to cause to be reimbursed and paid, the principal and interest of the Treasury - notes which may be issued by virtue of this act, at the several time and times when the same, according to the provisions of this act, should be thus reimbursed and paid. And the said Secretary is further authorized to make purchases of the said notes, at par, for the amount of the principal and interest due at the time of purchase on such notes. And so much of any unappropriated money in the Treasury as may be necessary for that purpose, is hereby appropriated, for paying the principal and interest of said notes.(6) 8. A sum not exceeding twenty thousand dollars, to be paid out of any unappropriated money in the Treasury, is hereby appropriated for defraying the expense of preparing, printing, engraving, signing, and otherwise incident to the issuing of the Treasury notes authorized by this act.(7) (1) Act 12th October, 1837, sec. 3. (2) Ibid. sec. 4. (3) Ibid. sec. 5. Ibid. sec. 6. (5) Ibid. sec. 7. 9. If any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any note, in imitation of, or purporting to be, a Treasury note aforesaid; or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering any Treasury note issued as aforesaid; or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any false, forged, or counterfeited note, purporting to be a Treasury note as aforesaid, knowing the same to be falsely forged or counterfeited, or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any falsely altered Treasury note, issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned, and kept to hard labour, for a period not less than three years, nor more than ten years, and be fined in a sum not exceeding five thousand dollars.(1) If any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his custody or possession any metallic plate, engraved after the similitude of any plate from which any notes issued as aforesaid, shall have been printed, with intent to use such plate, or to cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid; or shall have in his custody or possession, any blank note or notes engraved and printed after the similitude of any notes issued as aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid; or shall have in his custody or possession, any paper adapted to the making of notes, and similar to the paper upon which any such notes shall have been issued, with intent to use such paper, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid; every such person, being thereof convicted by due course of law, shall be sentenced to be imprisoned, and kept at hard labour, for a term not less than three nor more than ten years, and fined in a sum not exceeding five thousand dollars.(2) 10. The Secretary of the Treasury is hereby authorized to make and issue, from time to time, such instructions, rules, and regulations to the several collectors, receivers of public money, depositaries, and all others who may be authorized to receive the said Treasury notes on behalf of and as agents in any capacity for the United States, as to the safe keeping, disposition, return, and cancelling of the said notes so paid to and received by them respectively, and as to their accounts and returns to the Department of all such receipts as may seem to him best calculated to promote the public interests and convenience, and secure the United States and the holders of the said notes against fraud and losses. Provided, That nothing herein contained shall be so construed as to authorize the Secretary of the Treasury to re-issue any of said notes, but upon the return of the said notes, or any of them, to the Treasury, the same shall be cancelled.(3) 11. It shall be, and hereby is made the duty of the Secretary of the Treasury to cause a statement to be published monthly, of the amount of all Treasury notes issued or redeemed, in pursuance of the provisions of this act; and the power to issue Treasury notes conferred on the President of the United States by this act, shall cease and determine on the thirty-first day of December, eighteen hundred and thirty-eight.(4) (1) Act October 12th, 1837, sec, 10. (2) Ibid. sec. 11. Ibid. sec. 12. Ibid. sec. 13. 12. The Secretary of the Treasury, with the approbation of the President, is hereby authorized to cause Treasury notes to be issued, according to the provisions of, and subject to all the conditions, limitations and restrictions contained in the previous act, in place of such notes as have been, or may be issued under the authority of the act aforesaid, and which have been, or may hereafter be, paid into the Treasury and cancelled.(1) 13. In all cases of extension of the time of payment of bonds given for duties on imports, it shall be according to such directions as may be given by the Secretary of the Treasury; and the extension of payment of the old bond, or the taking of a new bond, shall be by the respective collectors subject to no other charge than such as may be legally receivable on the taking of an original bond, upon the entry of merchandise.(2) No fee shall accrue to any District Attorney on any bond left with him for collection, or in a suit commenced on any bond for the renewal of which provision is made by law, unless the party or parties shall neglect to apply for such renewal, for more than twenty days after the maturity of such bond.(3) 14. The Secretary of the Treasury is hereby authorized to continue to withdraw the public moneys now remaining in any of the former deposite banks, in a manner as gradual and convenient to the institutions as shall be consistent with the pecuniary wants of the Government, and the safety of the funds thus to be drawn; and no further interest than that required by the deposite act of the twenty-third of June, one thousand eight hundred and thirty-six, under which those deposites were made, shall be demanded of any bank which has met, and shall hereafter meet the requisitions of the Department. This provision shall also extend to such public moneys as may remain in any of the said banks, whether standing to the credit of the Treasurer of the United States, or of any disbursing or other public officer of the Government.(4) In case of neglect or refusal by any of the said banks to comply with the requisitions of the Secretary of the Treasury, as he shall make them, in conformity with the first section of this act, suits shall be instituted, where that has not already been done, to recover the amounts due to the United States, unless the defaulting bank shall forthwith cause to be executed and delivered to the Secretary of the Treasury, a bond, with security to be approved by the Solicitor of the Treasury, to pay to the United States the whole moneys due from it in three instalments: the first to be paid on the 1st day of July next, the second on the 1st day of January, 1839, and the remaining instalment on the 1st day of July, 1839; and the default mentioned in this act on which interest is to commence at the rate of six per centum per annum, shall be understood to be the neglect or omission of said banks, or any of them, to answer the drafts or requisitions of the Secretary of the Treasury made on them according to the provisions of the first section of this act; and interest thereon at the rate of six per centum per annum, from the time of default, together with any damages which may have accrued to the United States from protests of drafts drawn upon it, or from any other consequence of its failure to fulfil its obligations to the public Treasury.(5) 15. If the revenue from duties, or from the sales of public lands remaining in the hands of receiving and collecting officers, be not sufficient at any time to pay debentures and other charges which are by existing laws made (1) Act May 21st, 1838. (2) Act October 12th, 1837, sec. 1. Ibid. sec. 2. (4) Act October 16th, 1837, sec. 1. (5) Ibid. sec. 2. |