more than 18 nor more than two years', &c. to the commissioner and clerk, west, &c. Proviso; not at the rate of one thousand dollars a year: Provided, That not months' com- more than eighteen months' compensation be thus allowed to the pensation, &c. commissioner and clerk for the district east of Pearl river; nor more than two years' compensation be allowed to the commissioner and clerk for the district west of Pearl river; and the commissioner for the eastern district, on making his report to the secretary of the treasury, as aforesaid, shall be entitled to receive, in addition, seven hundred and fifty dollars, and his clerk five hundred dollars; and the commissioner for the western dismaking report trict, on making his report aforesaid, shall receive one thousand to the secreta- dollars, and his clerk seven hundred and fifty dollars; and the ry of the trea- said allowances shall be in full for their services under this act. Additional allowance, in full, &c. on sury. A general be established [Approved, April 25, 1812.] CHAP. [68.] An act for the establishment of a general land office in the department of the treasury. 1. Be it enacted, &c. That there shall be established in the land office to department of the treasury an office, to be denominated the genin the treasu- eral land office; the chief officer of which shall be called the ry department, commissioner of the general land office, whose duty it shall be, Duties of the under the direction of the head of the department, to superincommissioner, tend, execute, and perform, all such acts and things, touching or &c. &c. respecting the public lands of the United States, and other lands patented or granted by the United States, as have heretofore been directed by law to be done or performed in the office of the secretary of state, of the secretary and register of the treasury, and of the secretary of war, or which shall hereafter by law be assigned to the said office. Chief clerk to $2. That there shall be in the said office an inferior officer, be appointed: his duties, &c. to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk of the general land office, who, in all cases, when the said principal office shall become vacant, during such vacancy, shall have the charge and custody of the seal, and of all records, books, and papers, belonging to the said office. Oath of office all persons 3. That the said principal officer, and every other person to be taken by to be appointed and employed in the said office, shall, before he enters on the duties of his office or appointment, take an oath or affirmation, truly and faithfully to execute the trust committed to him. employed. The commis cause a seal 4. That the said commissioners shall cause a seal of office sioner to to be made and provided for the said office, with such device to be provided. as the president of the United States shall approve; and copies Copies of re- of any records, books, or papers, belonging to the said office, cords, under under the signature of the said commissioner, or, when the office signature and shall be vacant, under the signature of the chief clerk, and the competent ev- said seal, shall be competent evidence in all cases in which the original records, books, or papers, could be evidence. seal, to be idence. The commis $5. That the said commissioner shall, forthwith after his ap sioner entitled pointment, be entitled to the custody, and shall take charge of to the custody of the seal, re- the said seal, and also of all records, books, and papers, remaincords, &c. re- ing in the offices of the secretary of state, of the secretary and office of the sc- register of the treasury, and of the secretary of war, touching or maining in the concerning the public lands of the United States; and the said cretary of records, books, and papers, shall become, and be deemed, the state, the records, books, and papers, of the said office. cerning the public lands. required, to 6. That the said commissioner shall, when required by the The commispresident of the United States, or either house of congress, sioner, when make a plat of any land surveyed under the authority of the make a plat of United States, and give such information respecting the pub- any land surlic lands, and concerning the business of his office, as shall give informabe directed. veyed, and tion. where land is warrants to be 7. That in all cases in which land has heretofore, or shall In cases hereafter, be given by the United States for military services, given for miliwarrants shall be granted to the parties entitled to such land by fary services, the secretary of war; and such warrants shall be recorded in the granted, to be said land office, in books to be kept for the purpose, and shall recorded in the be located as is or may be provided by law; and patents shall afterwards be issued accordingly. land office. issued in the $8. That all patents issuing from the said office shall be is- Patents to be sued in the name of the United States, and under the seal of the name of the said office, and be signed by the president of the United States, U. States, unand countersigned by the commissioner of the said office, and the land office, shall be recorded in the said office, in books to be kept for the signed. purpose. der the seal of commissioner, commissioner to certify ba lances and transmit ac counts to the comptroller. 9. That all returns relative to the public lands, heretofore Returns relative to public directed to be made to the secretary of the treasury, shall here- lands to be after be made to the said commissioner, who shall have power to made to the audit and settle all public accounts relative to the public lands: who is, &c. Provided, That it shall be the duty of the said commissioner, Proviso; the upon the settlement of any such account, to certify the balance, and transmit the account, with the vouchers and certificate, to the comptroller of the treasury, for his examination and decision thereon. 10. That no person appointed to an office instituted by this No person apact, or employed in any such office, shall, directly or indirectly, pointed to of be concerned in the purchase of any right, title, or interest, in act, to be enany public land, either in his own right, or in trust for any other gaged, directly or indirectly, person, or in the name or right of any other person in trust for in the purhimself, nor shall take or receive any fee or emolument for ne- chase of pubgotiating or transacting the business of the office. And any per- der penalty of son offending in the premises against the prohibitions of this act, shall forfeit and pay one hundred dollars; and, upon conviction, shall be removed from office. fice under this lic lands, un and removal. 100 dolls. and senate. of the auditor. 11. That the commissioner of the said land office shall be The commisappointed by the president of the United States, by and with the sioner to be appointed by advice and consent of the senate; and shall receive an annual the president salary, equal to the salary of the auditor of the treasury, payable His salary quarterly; and the sum of two thousand two hundred and fifty equal to that dollars is hereby appropriated for the said compensation during the year one thousand eight hundred and twelve, to be paid out The commisof any moneys in the treasury, not otherwise appropriated: And sheer re the said commissioner shall have the same privilege with the ilege as as the comptroller of the treasury, of sending and receiving letters and with respect packages, and also final certificates and patents for land, free of to letters, &c. postage. the same priv comptroller, free of post age. The commis sioner may employ clerks; their pensation not annual com to exceed 7,000 dolls. Vol. i. p. 1008, vol. iii. p. 1825, vol. IV. p. 2143. The act to provide for persons who were disabled by known wounds re war revived, 12. That the commissioner of the land office shall be authorized to employ a sufficient number of clerks: Provided, That their annual compensation shall not exceed, in the whole, seven thousand dollars; and the said compensation shall be paid in the following manner, during the year one thousand eight hundred and twelve; that is to say: Three thousand eight hundred dollars shall be paid, out of the moneys appropriated for the compensation of clerks, during said year, in the office of the secretary of the treasury; one thousand four hundred dollars shall be paid out of the moneys appropriated for the compensation of clerks, during said year, in the office of the secretary of state; and three hundred dollars shall be paid out of the moneys appropriated for the compensation of clerks, during said year, in the office of the secretary of war. [Approved, April 25, 1812.] CHAP. [69.] An act to revive, and continue in force, "An act to provide for persons who were disabled by known wounds received in the revolutionary war," and for other purposes. § 1. Be it enacted, &c. That the act, entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed on the tenth of April, one thousand eight hundred and six, shall be, and the same is hereceived in the by, revived, and continued in force for and during the space of revolutionary six years from the passage of this act, and from thence to the end of the next session of congress thereafter, and no longer. Agents for the 2. That the agents for the payment of invalid pensioners of payment of in- the United States shall, in future, be required to give bond with valid pensioners in future to two or more sureties, to be approved by the secretary for the give bond. department of war, in a sum not exceeding five thousand dollars, for the faithful discharge of the duties confided to them, respectively. [Approved, April 25, 1812.] Vol. ii. p. 1409, 1519. The district York district CHAP. [71.] An act authorizing the appointment of an additional judge of the district court for the district of New York. 1. Be it enacted, &c. That the district court in the New York court in New district shall consist of two judges, to wit: of the present judge to consist of of said district, so long as he shall continue in office, and such two judges, as other district judge or judges, as may, from time to time, be appointed, who shall reside in said district, and, severally, exercise like powers, as may be exercised by the present judge of said district, and receive the same compensation whereto he is entitled. specified. The senior The court 2. That the senior judge of the district, when present, shall judge to pre- preside in said district court, and whenever the judges shall difside; and, in case of differ- fer in opinion in any cause, the order or judgment of court in ence, his opinion to prevail. every such case shall be made and rendered in conformity with the opinion of the presiding judge. And said court may be held, may be held and the business thereof proceeded with, by one judge in the by one judge absence of the other. And the senior judge of the district for judge, togeth- the time being is hereby designated, and is to be deemed, the er with a jus- district judge, who, together with one of the justices of the supreme court, is to compose the circuit court of the United States court is to in said district; but, in the absence of said senior judge from The senior tice of the supreme circuit court, but, &c. nually of the Vol. ii. p. 1307. said court, his place may be supplied by the other judge of the compose the district. § 3. That there shall be held, annually, four additional ses- Four additionsions of the district court for the district of New York; to wit: al sessions anat Utica, on the first Tuesdays of April and October; at Gene- district court va, on the third Tuesday of September; and at Salem, on the for New York. third Tuesday of October. A clerk shall be appointed by the A clerk to be district judges of said district, who shall reside at Utica, and at- appointed by tend said court at the places aforesaid, and do all the duties of judges, to resaid office of clerk, which may accrue at or from the sessions of side at Utica. the court at said places, both in and out of court, and be allowed the same fees and compensation as by law is allowed to clerks of the district courts. The said judges may allot themselves as Vol. i. p. 569. they shall think fit, for the purpose of their holding, separately, the several stated and special courts to be held by virtue of this or any other act for the district of New York. [Approved, April 29, 1812. corps of engineers. the district bombardiers, sappers, and the corps of Vol.ii. p. 1509. CHAP. [72.] An act making further provision for the § 1. Be it enacted, &c. That there be added to the corps of Officers to be corps of engiengineers two captains, two first lieutenants, two second lieu- added to the tenants, with the usual pay and emoluments, according to their neers. grades, respectively, and one paymaster, to be taken from the subalterns of engineers, with the pay and emoluments of a regimental paymaster; and that there be attached to the said corps, A company of either from the troops now in service, or by new enlistments, as the president of the United States may direct, four sergeants, miners, to be formed, to be four corporals, one teacher of music, four musicians, nineteen officered from artificers, and sixty-two men, which noncommissioned officers, musicians, artificers, and men, together with the artificers and men already belonging to the corps of engineers, shall be formed into a company, to be styled a company of bombardiers, sappers, and miners, and be officered from the corps of engineers, according as the commanding officer of that corps may, with the approbation of the president of the United States, direct; and the said noncommissioned officers, musicians, artificers, and men, shall Noncommisbe allowed the same pay and emoluments as are allowed to the &c. allowed noncommissioned officers, musicians, artificers, and men, in the the same pay, regiment of artillerists. engineers. sioned officers, as in the regi ment, &c. academy to neers, and, in French and 2. That the military academy shall consist of the corps of engineers, and the following professors, in addition to the teach- The military ers of the French language and drawing already provided, viz: consist of the one professor of natural and experimental philosophy, with the corps of engipay and emoluments of lieutenant colonel, if not an officer of the addition to the corps, and, if taken from the corps, then so much in addition to teachers of his pay and emoluments as shall equal those of a lieutenant co- drawing, of a lonel; one professor of mathematics, with the pay and emolu- professor of ments of a major, if not an officer of the corps, and, if taken from experimental the corps, then so much in addition to his pay and emoluments as shall equal those of a major; one professor of the art of engineering in all its branches, with the pay and emoluments of a major, if not an officer of the corps, and, if taken from the corps, VOL. II. 136 natural and professor of philosophy, a mathematics, a professor of the neering, with art of engi fessors. assistant pro- then so much in addition to his pay and emoluments as shall equal those of a major; each of the foregoing professors to have an assistant professor, which assistant professor shall be taken from the most prominent characters of the officers or cadets, and receive the pay and emoluments of captains, and no other pay or Proviso; noth- emoluments, while performing these duties: Provided, That nothing herein contained shall entitle the academical staff, as such, to any command in the army separate from the academy. ing herein to academical concerning tion, disci service, of cadets. 3. That the cadets, heretofore appointed in the service of to exceed 250. the United States, whether of artillery, cavalry, riflemen, or infantry, or that may in future be appointed as hereinafter provided, shall at no time exceed two hundred and fifty: that they may be attached, at the discretion of the president of the United States, as students to the military academy, and be subject to Regulations, the established regulations thereof; that they shall be arranged the organiza- into companies of noncommissioned officers and privates, according to the directions of the commandant of engineers, and pline, age, qualifications, be officered from the said corps, for the purposes of military inand term of struction; that there shall be added to each company of cadets four musicians; and the said corps shall be trained and taught all the duties of a private, noncommissioned officer, and officer; be encamped at least three months of each year, and taught all the duties incident to a regular camp; that the candidates for cadets be not under the age of fourteen, nor above the age of twenty-one years; that each cadet, previously to his appointment by the president of the United States, shall be well versed in reading, writing, and arithmetic, and that he shall sign articles, with the consent of his parent or guardian, by which he shall engage to serve five years, unless sooner discharged; and all such cadets shall be entitled to and receive the pay and emoluments now allowed by law to cadets in the corps of engineers. When a cadet ular degree, and when there is no va 4. That when any cadet shall receive a regular degree from receives a reg the academical staff, after going through all the classes, he shall be considered as among the candidates for a commission in as among, &c. any corps, according to the duties he may be judged competent to perform; and in case there shall not, at the time, be a vacancancy in a cy in such corps, he may be attached to it at the discretion of corps, ho may the president of the United States, by brevet of the lowest grade, as a supernumerary officer, with the usual pay and emoluProviso; not ments of such grade, until a vacancy shall happen: Provided, more than one That there shall not be more than one supernumerary officer to ry officer to any one company at the same time. be attached to, &c. supernumera 25,000 dolls. one company. 5. That the sum of twenty-five thousand dollars be, and the appropriated same is hereby, appropriated, to be paid out of any money in for erecting the treasury, not otherwise appropriated, for erecting buildings, buildings, &c. and for providing an apparatus, a library, and all necessary implements, and for such contingent expenses as may be necessary and proper, in the judgment of the president of the United States, for such an institution. So much of the 26th sec. of 6. That so much of the twenty-sixth section of the act, enthe act fixing titled "An act fixing the military peace establishment," passed the military the sixteenth day of March, one thousand eight hundred and two, as confines the selection of the commander of the corps peace establishment as confines the of |