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Title: Acts of the Legislative Council of the Territory of Florida
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Title: Acts of the Legislative Council of the Territory of Florida
Uniform Title: Laws, etc. (Session laws 1822-1833)
Physical Description: 23 v. : ; 25 cm.
Language: English
Creator: Florida
Publisher: Printed at the Office of the Florida Intelligencer
Place of Publication: Tallahassee
Publication Date: 1822-1833
 Subjects
Subject: Law -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Dates or Sequential Designation: 1st (1822)-11th sessions (1833).
General Note: Imprint varies.
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Bibliographic ID: UF00073402
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 18494349
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Succeeded by: Laws of the Legislative Council of the Territory of Florida

Table of Contents
    Front Cover
        Front Cover 1
        Front Cover 2
    Table of Contents
        Table of Contents 1
        Table of Contents 2
    Proclamation
        Page i
        Page ii
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
        Page viii
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        Page xxvii
        Page xxviii
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    Act of Congress establishing the territorial government in Florida
        Page xxxi
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    Declaration of Independence
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    Constitution of the United States
        Page xlix
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    Acts of the Legislative Council
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Full Text








OF THE


OF THE


TERRITORY OF FLORIDA.


PASSED AT THEIR FIRST SESSION







TOGETHER WITH


The Treaty of Cerio!-Governor Jacksons' Ordinances-The Act ot
Congress organizing the Territorial Government-Constitutio.i
of the United Sfates-Spanish regulations for the allotment cf
Lands, &c. &c. t.c.


BY AUTHORITY.





PEXSJ1COL.L :

FL ORIDIAN PRESS S








TABLE OP COOTESXTS



Treaty of Amity Settlement and Limits between the
nUmted States and His Catholic Majesty, I
Act of Congress for carrying into execution the Treaty
between the United States and Spain, concluded
on the 22d February, 1819, X
Process verbal-at Pensacola, XII
Proclamation of Governor Jackson-on the 17 July, 1821. XIV
Process verbal at St Augustine, XV
Ordinance for preservation of good order and health in
the town of Pensacola, XVII
estabhshing Quarantie, .. XVIII
dividing the Provinces into counties, &c &c XX
prescribing the mode ofcarryingmto effect the6th
article of the Treaty, .- XXII
regulating proceedings in the County Courts, XXIV
regulationsforthe harbour ofPensacola, XXVII
regulating the fees ofJustices ofthe Peace, XXVIII
explanatory of the "ordinance for the preservati-
on of health, &e XXIX
Act of Congress establishing the Territorial Government, XXXI
Military command in Florida, -XXXVIII
Act of Congress concerning the commerce and navigati-
on of Florida, XXXIX
declaration of ndependence-seventy-six XLII
Constitution of the United States LIX
Spanish Regulations for the allotment of lands, LXV




Acts of the Legislative Council.

To regulate the Counties, and establish Inferior Courts. 3
Regulating Descents, 6
Authorising the assignment of Bonds and Notes, 7
Regulating damages on Blls of Exchange, 8
Providing for the election of a Delegate to Congress, 9
For the admissionof Attorneys at Law, 12
Fixnmgthe place ofthe ne lesson ofthe Legislative Council, 14
Regulating the mode of proceeding on Attachments, 14
Concerning Awards and Arbitrations, 16
Road from Pensacola to Cahawba, 18
Regulating Executions, 19
Regulating Proceedings in Chancery, 23
To incorporate the City of Pensacola, &c. &c. 27
Regulating Civil Proceedings, 33
Keepers of the Public Archives .- 46
Concerning Usury, and regulating the rate of interest, 48
Regulating Conveyances. 49
Concern ng Guidians & Wards, Masters & Apprentices, 51
Concerning Wils, .. 52
Adopting the Common Law, and certain statutes of Great
Bnritan, & repealng the Laws and Ordinances now m force, 53
Establishing Boards of Health, in Pensacola & St. Augustine, 55
To prevent Frauds and Perjuries, 65







TABLE OF CONTENTS.

Raising a revenue m the Territory, 67
Providng for Almny, 78
Concerning marrae lbence 79
Concerning Limitation of Actions, 80
Concerning Notaries Publ c, 8
To give legal effect to Deeds, Wills and Mortgages 85
Providing for the appointment of Surveyors, 86
Incorporating theVCity of St. Augustine, 86
Postage on public communications, 87
Authonsmgthe appointment of Coroner, 88
Estabhshmg County Courtsand demning the powers of
Justices of the Peace, 91
Concermng Roads, Highways and Ferries, 95
Providing or the publication of the Laws, 102
Providingaganstunlawful gaming, 103
Adcditonal term of the Superior Court in W Florida, 104
Duval Circuit Court-the sessions regulated, 104
Organmzmg the Militia of the Territory 105
Dower and Jointure i lands and slaves, 124,
Adminitrators, Executors and Guardians, -127
Concerning impro events made on Public Lands, 14
Secretary of the Ferritory, his fees of ofhce 145
Authorizing a loan for the immediate contingencies of the
Terrtor, 145
Soldiers ana seamen m the service of the United States, 146
Concerning Estra s, 146
Providing for the appointment of Pilots, 148
Habeas Corpus-%- r ts of, how obtained and used, 149
Crimes and misdemeanor.-definition and punishment, 151
Fees-of certain officers-establshed, 167
Forcible Entry and Detainer-regulations on 176
Slaves-how punished for violating the penal laws of the
Territory, 181
Election of Delegate-further provision on 185
Raising a Revenue-further provided for, -, 186
Concerning seamen m merchant service 186
Officers of the Legislative Council-provided for, 188
Pensacola-act of incorporation amen< el, 189
Memorial of the Legislative Council, to the President of
the Umted States, -190















BY THE PRESIDENT



OF THE





A

PROCLAMATION.


WHEREAS a treaty of Amity, Settlement and Limits,
between the United States of America, and His Catholic
Majesty, was concluded and signed between their Plenm-
potentiaries m this city, on the twenty second day of Feb-
ruary, in the year of our Lord, one thousand eight hun-
dred and nineteen, which treaty, word for word, is as fol-
lows:
[ORIGINAL.]
TREATY
Of Amity, Settlement and L2mzh, between the United States
of dmerzca and has Catholic Majesty.
The United States of America and his Catholic Ma-
jesty, desiiing to consolidate, on a permanent basis, the
friendship and good correspondence which happily pre-









vails between the two parties, have determined to settle
ann terminate all their differences and pretensions, by a
Treaty, which shall designate with precision, the limits
of their respective bordering territories, in north Amert-
ca
With this intention, the President of the United States
has furnished with their full powers, JOHN QuZTIN ADAMS,
Secretary of State of the United States and his Catho-
lic Majesty has appointed the most excellent Lord, Don
Lours DE Osis, Gonzalez, Lopez v Vara, Lord of the town
of Rayaces, perpetual regidor of the Corporation of the
City of Salamancha. Knight Grand-Cross 'of the Royal
American Ord r of Isabella the Catholic, decorated with
the Lys of La Vendee, Knight Pensioner of the Royal and
distinguished Spanish Order of Charles the Third, Mem-
ber of the Supreme Assembly of the said Royal Order, of
the Council of his Catholic Majesty-his Secretary, with
the Exercise of Decrees, and his Envoy Extraordinary
and Minister Plenipotentiary near the United States of
America
And the said Plenipotentiaries, after having exchang-
ed their powers, have agreed upon, and concluded the fol-
lowing- articles:
ARTICLE 1.
There shall be a firm and inviolable peace, and sincere
friendship between the United States and their citizens,
and his Catholic Majesty, his successors and subjects,
without exception of persons and places
ARTICLE 2
His Catholic Majesty cedes to the United States, in full
property and sovereignty, all the territories which belong
to him, situated to the eastward of the Mississippi,
known by the name of East and West Florida. The ad-
jacent islands dependent on said provinces, all public lots
and squares, vacant lands, public edifices, fortifications,
barracks, and other buildings, which are not private pro-
perty, archives and documents, which relate directly to
the property and sovereignty of said provinces, are inclu-
ded in this article. The said archives and documents,
shall be left in possession of the commissaries or officers
of the United States, duly authorized to receive them.
ARTICLE 3.
The boundary line between the two countries, west of
the Mississippi, shall begin on the Gulf of Mexico, at the
mouth of the river Sabine, in the sea, continuing north,
along the Western bank of that rive to the 32d deglte
of latitude ; thence, by a line due iorth, to the degree of
latitude where it strikes the Rio Roxo of Nachitoches, ot
Red River, then, following the course of Rio Roxo west-
ward, to the degree of longitude 100 west from London,
and 23 from Washington ; then, crossing the said Red ri-









ker, and running thence, by a4ine'daenorth'to the- river
Arkansas, thence, following the course of the southern
bank of the At kansas, to its source. in latitude 42 north.
and thence, by that parallel of latitude, to the South
Sea. The whole being as laid down In Melish's map of
the United States, published at Philadelphia, improved
to the Ist of January, 1818. But, if the source of the Ar-
kansas river shall be found to fall north or south of lati-
tude 42, then the line shall run from the said source due
southdor not th, as the case may be, till it meets the said
parallel of latitude 42, and thence, along the said paral-
lel, to the South Sea. All the islands in the Sabine, and
the said Red and Aikansas livers, throughout the course
thus described, to belong to the United States, but the
use of the waters and the navigation of the babine to the
sea, and of the said rivers Roxo and Arkansas, through-
out the extent of the said boundary, on then respective
banks, shall be common to the respective inhabitants of
both nations.
The two high contracting parties agree to cede and re-
nounce all their rights, claims and pretensions, to the
territories described by the said line, that is to say : The
United States hereby cede to his Catholic Majesty, and
renounce forever, all the rights, claims and pretensions to
the territories lying west and south of the above describ-
ed line; and, in like manner, his Catholic Majesty cedes
to the said United States, all his rights, claims and pre-
tensions, to any territories east and north of the said line,
and, for himself, his heirs and successors, renounces all
claim to the said territories for ever.
ARTICLE 4.
To fix this line with more precision, and to place the
landmarks which shall designate exactly the limits of
both nations, each of the contracting parties shall meet
before the termination of one year, from the date of the
ratification of this treaty, at achitoches, on the Red ri-
ver, and proceed to run and mark the said line, from the
mouth of the Sabine to the Red river, and from the Red
river, to the river Arkansas, and to ascertain the latitude
of the source of the said river Arkansas, in conformity
to what is above agreed upon and stipulated, and the line
of latitude 42 degrees to the South Sea ; they shall make
out plans and keep journals of their proceedings, and the
result agreed upon by them shall be considered as a part
of this treaty, and shall have the same force as if it were
inserted therein. The two governments will amicably
agree respecting ttbriecessary articles to be furnished to
those persons, and also aseto their respective escorts,
should it be deemed necessary.
ARTICLE 5.
The inhabitants of the ceded territories shall be secur-









ed in the free exercise -o their religion without any res-
triction, and all those who may deb'ie to remove to the
Spanish cominions, shall be permitted to sell or export
their effects at any time whatever, without being subject,
in either case, to duties.
ARTICLE 6.
The inhabitants of the territories which his Catholic
Majesty cedes to the United Stairs, by this treaty, shall
be incorporated in the Union of the United States, as soon
as may be consistent with the principles of the federal
constitution, and admitted to the enjoyment of all the
privileges, rights, and immunities, of the citizens of the
United States.
ARTICLE 7.
The officers and troops of his Catholic Majesty, in the
territories hereby ceded by him to the United States, shall
be withdrawn, and possession of the places occupil d by
them, shall be given within six months after the exchange
of the ratifications of this treaty, or sooner, if possible,
by the officers of his Catholic Majesty, to the commis-
sioners or officers of the United States, duly appointed to
receive them; and the United States shall furnish the
transports and escort necessary to convey the Spanish of-
ficers and troops, and their baggage, to the Havana.
ARTICLE 8
All the grants of lands made before the 24th of Janu-
ary, 1818, by his Catholic Majesty, or by his lawful au-
thorities in the said territories ceded by his Majesty to
the United States, shall be ratified and confirmed to the
persons in possession of the lands, to the same extent
that the same grants would be valid, if the territories had
remained under the dominion of his Catholic Majesty -
But the owners in possession of such lands who, by rea-
son of the recent circumstances of the Spanish nation, and
the revolutions in Europe, have been prevented from ful-
filling all the conditions of their grants, shall complete
them within the terms limited in the same, respectively,
from the date of this treaty, in default of which, the said
grants shall be null and void All grants made since the
said 24th of January, 1818, when the first proposals, on
the part of his Catholic Majesty, for the cession of the
Floridas, was made, are hereby declared, and agreed to be
null and void.
ARTICLE 9.
The two high contracting parties, animated with the
most earnest desire of conciliation, and with the object of
putting an end to all the differences which existed be-
tween them, and of confirming the good understanding
which they wish to be for ever maintained between them,
reciprocally renounce all claims for damages or injuries
which they, themselves, as well as their respective citi-









zens and subjects, may have suffered until the time ofsign-
ing ot this treaty
The renunciation of the United States will extend to
all the injuries mentioned in the convention of the 11 th of
August 1802.
2. To all claims on account of prizes made by French
privateers, and condemned by French consuls, within the
territory and jurisdiction of Spain.
3 To all claims of indemnities on account of the sus-
pension of the right of deposit, at New-Orleans, in 1802.
4 To all claims of citizens of the United States upon
the government of Spain, arising fiom the unlawful sei-
zure at sea, and in the ports and territories of Spain, or
the Spanish colonies.
5 To all cla .,s of citizens of the United States upon
the Spanish government, statements of which, soliciting
the interposition of the government of the United States,
have been presented to the department of state, or to the
Minister of the United States in Spain, since the date of
the convention of 1802.
The renunciation of his Catholic Majesty extends;
1. To all the injuries mentioned in the convention of
the 11th of August, 1802.
2. To the sums which his Catholic Majesty advanced
for the return of Captain Pike from the Provincias Inter-
nas.
3 To all injuries caused by the expedition of Miranda,
that was fitted out and equipped at New-York.
4. To all claims of Spanish subjects upon the govern-
ment of the United States, arising from unlawful seizures
at sea, or within the ports and territorial jurisdiction of
the Jntted States.
Finally, to all claims of subjects of his Catholic Majes-
ty, upon the government of the United States, in which
the interposition of his Catholic Majesty's government
has been solicited bCfore the date of this treaty, and since
the date of the convention of 1802, or which may have
been made to the Department of Foreign Affairs of his
Majesty, or to his Minister in the United States.
And the high contracting parties, respectivelv, re-
nounce all claim to indemnities, for any of the recent e-
vents or transactions of their respective commanders and
officers in the Floridas.
The United States will cause satisfaction to be made
for the injuries, if any, which, by process of law, shall be
established to have been suffered by the Spanish officers,
and individual Spanish inhabitants,by the late operations
of the American army in Florida,
ARTICLE 10,
The convention entered into between the two govern-
ments, on the lth of August, 1802, the ratifications of









which, were exchanged the 21st December, 1818, is an-
nulled.
ARTICLE 11.
The United States, exonerating Spain from all demands
in future on account of the claims of their citizens to which
the renunciations herein contained extend, and consider-
ing them entirely cancelled, undertake to make satisfac-
tion for the same, to an amount not exceeding five mil-
lions of dollars. To ascertain the lull amount and validity
of those claims, a Commission, to consist of three Com-
missioners, Citizens of the United States, shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate, which commission shall meet at- the
city of Washington, and, within the space of three years
from the time of their first meeting, shall receive, exam-
ine and decide upon the amount and valiaity of all the
claims included within the description above mentioned
The said Commissiontis shall take an oath or affirma-
tion, to be entered on the record of their proceedings,
for the faithful and diligent discharge of their duties,
and, m case of the death, sickness, oi necessary absence
of any such Commissionei, his place may be supplied by
the appointment as aforesaid, or b) the President of the
United States, during the recess of the Senate, of another
Commissioner in his stead The said Commiss.oners
shall be authorized to hear and examine, on oath, every
question relative to the said claims, and to receive all suit-
able authentic testimony concerning the same. And the
Spanish Government shall furnish all such documents
and elucidations as may be m their possession, for the
adjustment of the said claims, according to the principles
of justice, the laws of nations, and the stipulations of the
treaty between the two parties of 27th October, 1798, the
said documents to be specified when demanded at the in-
stance df the said Commissioners
The payment of such claims as may be admitted and
adjusted by the said Commissioners, or the major part of
them, to an amount not exceeding five millions of dollars,
shall be made by the United States, either immediately at
their Treasury, or by the creation of Stock bearing an in-
terest of six per cent. per annum, payable from the pro-
ceeds of sales of public lands within the territories here-
by ceded to the United States, or in such other manner as
the Congress of the United States may prescribe by law.
The records of the proceedings of the said Commission-
ers, together with the vouchers and documents produced
before them, relative to the claims to be adjusted and de-
cided upon by them, shall, after the close of their trans-
actions, be deposited in the Department of State of the
United States, and copies of them, or any part of them,
shall be furnished to the Spanish Government, if requi-







VI
red, at the demand of the Spanish Minister in the United
States.
ARTICLE 12.
The treaty of limits and navigation, of 1795, remains
confirmed in all, and each one of its articles, excepting
the 2d, 3d, 4th, 21st, and the second clause of the 22d ar-
ticle, which, having been altered by this treaty, or having
received their entire execution, are no longer valid.
With respect to the 15th article of the same treaty of
Friendship, Limits, and-Navigation, of 1795, in which it
is stipulated, that the flag shall cover the .property, the
two high contractmg parties agree that this shall be so
understood with respect to those powers who recognize
this principle; but, If either of the two contracting par-
ties shall be at war with a third party, and the other neu-
tral, the flag of the neutral shall cover the property of en-
emies, whose government acknowledge this principle, and
not of others.
ARTICLE 13.
Both contracting parties, wishing to favour their mu-
tual commerce, by affording in their ports every necessa-
ry assistance to their respective merchant vessels, have
agreed, that the sailors who shall desert from their ves-
sels in the p3ts of the other, shall be arrested and deliv-
ered up, at the instance of the consul, who shall prove,
nevertheless, that the deserters belonged to the vessels
that claim them, exhibiting the document that is custo-
mary in their nation ; that is to say, the American con-
sul ln a Spanish port, shall exhibit the document known
by the name of Articles, and the Spanish consul in Ame-
-ican ports, the Roll of the vessel; and if the name of the
deserter or deserters, who are claimed, shall appear in the
one or the other, they shall be arrested,'held in custody,
and delivered to the vessel to which they shall belong.
ArTIOLE 14.
The United States hereby certify, that they have not
received any compensation from France, for the injuries
they suffered from her privateers, consuls, and tribunals,
on the coasts, and in the ports of Spain, for the satisfac-
tion of which provision is made by this treaty; and they
will present an authentic statement of the prizes made,
and of their value, that Spait may avail herself of the
same in such manner as she may deem just and proper
ARTICLE 15
The United States, to give to his Catholic Majestv a
proof of their desire tt cement the relations ofa-mitv stub-
sisting between the'two liations, and to favor the com.
merce of the subjects of his Catholic Majesty, agree that
Spanish vessels, coming laden only with productions of
Spanish growth or manufactures, directly from the ports
of Spain, or ofher colonies, shall be admitted, for the







VIII

term of twelve years, to the ports of Pensacola and St.
Augustine, in the Floridas, without paying other or high-
er duties on their cargoes, or of tonnage, than will be paid
by the vessels of the United States. During the said
term, no other nation shall enjoy the same privileges with-
in the ceded territories. The twelve years shall com-
mence three months after the exchange of the ratification
of this treaty.
ARTICLE 16.
The present treaty shall be ratified in due form, by the
contracting parties, and the ratification shall be exchang-
ed in six months from this time, or sooner if possible.
In witness whereof, we, the underwritten Plenipoten-
tiaries of the United States of America, and of his Catho-
lic Majesty, have signed, by virtue of our powers, the
present Treaty of Amity, Settlement, and Limits, and
have thereunto affixed our seals, respectively.
Done at Washington, this twenty second day of Febru-
ary, one thousand eight hundred and nineteen.
JOHN QUINCY ADAMS. SEAL]
LOUIS DE ONIS. [SEALJ
And whereas his said Catholic Majesty did, on the
twenty-fourth day of October, in the year of our Lord
one thousand eight hundred and twenty, ratify and con-
firm the said treaty, which ratification is in the words and
of the tenor following :
[TRANSLATION.]
"Ferdinand the Seventh, by the grace of God, and by
the constitution of the Spanish Monarchy, king of the
Spains.
Whereas, on the twenty-second day of February, of
the year one thousand eight hundred and nineteen last
past, a treaty was concluded and signed in the city of
Washington. between Don Louis de Onis, my Envoy Ex-
traordinary and Minister Plenipotentiary, and John Quin-
cy Adams, Esquire, Secretary of State of the United
States of America, competently authorized by both par-
ties, consisting of sixteen articles, which had for their
object the arrangement of differences, and of limits be-
tween both governments and their respective territories;
which are of the following form and literal tenor:"
[Here follows the above.]
Therefore, having seen and examined the sixteen ar-
ticles aforesaid, and having first obtained the consent and
authority of the General Cortes of the nation with res-
pect to the cession mentioned and stipulated in the 2d
and 3d articles, I approve and ratify all and every one
of the articles referred to, and the clause which are con-
tained in them; and, in virtue of theae presents, I ap-
prove and ratify them ; promnising,.on the faith and word
of a King, to execute and observe them, and cause them









to be executed and observed, entirely, as if I myself had
signed them; and that the circumstance of having excee-
ded the term of six months, fixed for the exchange of the
ratifications in the 16th article may afford no obstable in
any manner, it is my deliberate will that the present ra-
tification be as valid and firm, and produce the same ef-
fects as if it had been done within the determined period.
Desirous at the same time of avoiding any doubt or am-
biguity concerning the meaning of the 8th article of the
said treaty, in respect to the date which is pointed out in
it as the period for the confirmation of the grants of land,
in the Bloridas made by me, or by the competent authori-
ties in my royal name, which point of date was fixed in
the positive understanding of the three grants of land
made in favor of the Duke of Alagon, the Count of Punon-
rostro, and Don Pedro de Vargas, being annulled by its
tenor, I think proper to declare, that the said three grants
have remained and do remain entirely annulled and inva-
lid ; and that neither the three individuals mentioned, nor
those who may have title or interest through them, can
avail themselves of the said grants at any time, or in any
manner : under which explicit Beclarati6 the said 8th
article is to be understood as ratified. In.the-faith of 11
which I have commanded .to despatch these presents.-
Signed by my hand, sealed with my secret seal, and coun-
tersigned by the under written, my Secretary of Despatch
of State.
Given at Madrid, the twenty fourth
of October, one thousand eight hun-
dred.and twenty..
(Signed) FERNANDO.
(Countersigned)
EVARISTO PEREZ DE CASTRO.
And whereas the Senate of the United States did, on
the nineteenth day of the present month, advise and con-
sent to the ratification, on the part of these United States,
of the said treaty, in the following words .
I rN ENATE OF THE UNITED STATES,
February 19th, 1821.
Resolved, two thirds of the Senators present concur-
ring therein, That the Senate, having examined the trea-
ty of Amity, Settlement, and Limits, between the United
States of America, and his Catholic Majesty, made and
concluded on the twenty second of February, one thou-
sand eight hundred and nineteen, and seen and considered
the ratification thereof made by his Catholic Majesty, on
the twenty fourth day of October, one thousand eight hun-
dred and twenty, dq consent to, and advise the President
of the United States to ratify the same." -
And whereas in pursuance of the said advice and con-
sent of the senate of the United States, I have ratified and








confirmed the said Treaty, in the words-following, viz ;
Now, therefore, I, James Monroe, President of the
United States of America, having seen and considered
the treaty above recited, togetherwith the ratification of
his Catholic Majesty thereof, do in pursuanceof the afore-
said advice and consent of the Senate of the United States
by these presents, accept, ratify, and confirm the said trea-
ty, and every clause and article thereof, as the same are
herein before set forth.
In faith whereof, I have caused the seal of the United
States of America to be hereunto affixed.
Given under my hand, at the City of Washing-
ton, this twenty-second day of February, in the
year of our Lord, one thousand eight hundred
and twenty-one, and of the Independence of
the United States, the forty-fifth.
JAMES MONROE.
By the President :
JoHN QUINcY ADAMS,
Secretary of State.
And whereas the said ratifications, on the part of the
United States,iad of his Cat!olic Majesty, have been
this day, duly exchanged at Washington, by JoHN Quin-
cy ADAMS, Secretary of State of the United States, and by
General Don FaAxorsco DIoNIslo VIVEs, Envoy Extraor-
dinary, and Minister Plenipotentiary of his Catholic Ma-
jesty : Now therefore, to the end that the -said treaty may
be observed and performed with good faith, on the part of
the United States, I have caused the premises to be made
public; and I do hereby enjoin and require all persons
bearing office, civil or military, within the United States,
and all others, citizens or inhabitants thereof, or being
within the same, faithfully to observe and fulfil the said
treaty, and every clause and article thereof.
In testimony whereof, I have caused the seal of the U-
nited States to be affixed to these presents, and signed the
same with my hand.
Done at the city ofWashington, the twenty-second of
February, in the year of our Lord one thousand
L. s. eight hundred and twenty-one, and of the Sove-
reignty and Independence of the United States
the forty-fifth.
JAMES MONROE.
By the President :
JOHN QuINCY ADAMS,
Secretary of State.

AN ACT for carrying into execution the Treaty between
the United States and Spain, concluded at Washington
on the twenty-second day of February, one thousand
eight hundred and nineteen.








BE IT ENACTEa by the Senate and House of Representa-
tives of the United States of America# irn- Congress as-
sembled, That the President of the United States be, and
he is hereby authorized to take possession of, and occupy
the territories of East and West Florida, and the appen-
dages and appurtenances thereof, and to remove and
transport the officers and soldiers of the King of Spain,
being there, to the Havana, agreeably to the stipulations
ot'the treaty between the I~iitd States and Spain, con-
cluded at Washington.oa.the twenty-second day of Feb-
ruary, in the year one thousand eight hundred and nine-
teen, providing for the session of said territories to the
United States ; and he may, for these purposes, and in or-
der fo maintain in said territories, the authority of the
United States, employ any part of the army and navy of
the United States, and the militia of any state or territo-
ry which he may deem necessary.
SECTION 2. And be4t further enacted, That, until the
end of the first session of the next Congress, unless pro.
vision for the temporary government of said. territories
be sooner made by Congress, the i rY civil, lf
judicial powers. gied by t sting
goa mmuo s-te55jame territories, shall be vested inI
such person and persons, and shall be exercised in such
manner; as the President of the United States shall dii
rect, for the maintaining the inhabitants of said territo-
ries in the free enjoyment of their liberty, property, andi
religion ; and the laws of the United States, relating to
the. revenue and.its collection, subject to the modification
stipulated by the fifteenth article of the said treaty, in
favor of Spanish vessels and their cargoes, and the laws
relating to the importation of persons of colour, shall be
extended to the said territories. AMind the President of
the United States shall be, and he is hereby authorized,
within the term af. nsaid, to establish such districts for
the collection of tie ivenuie, and, during the recess of
Congress, to appoint uach Afficers, whose commissions
shall empire at thesed.of the next session of Congress,
to enforce the *siilaws, as to him shall seem expedient.
Swa. 3. And'beit further enacted, That, the President
of the United States be, and he is hereby authorized to
appoint, during tfe recess of the Senate, a commissioner
and surveyor, whose commissions shall expire at the end
of the next session of Congress, to meef the commission-
erand surveyor who may be appointed on the part of
Spln, for the purposes stipulated in the fourth article of
said treaty; and that the President be, and he is hereby
farther :authorised4t. take all other measures which he
shall judge proper, for carrying into effect the stipula-
tions of .the said fourth article.
-See. 4. And be it further enacted, That a board of







XII
three commissioners shall be appointed, conformably to
the stipulations of the eleventh article of the said treaty;
and the President of the United States is hereby authoriz-
ed to take any measures which he may deem expedient,
for organizing the said board of commissioners; and, for
this purpose, may appoint a secretary, well versed in the
French and Spanish languages, and a clerk; which ap-
pointments, if made during the recess of the Senate, shall,
at thenext meeting of that body, be subject to nomination
for their advice and consent. .. .
r Sec. 5. And be it further enacted, That the compensa-
tion of the respective officers, for whose appointment pro-
vision is made by this act, shall not exceed the following
sums.
The commissioner to be appointed conformably to the
fourth article, at the rate, by the year, of three thousand
dollars.
To the surveyor, two thousand dollars.
To each of the three Commissioners to be appointed
conformably to the eleventh article of the treaty, three
thousand dollars.
'T T rtT I ec:~ : 'FF ofr soard, two thousand dollars.
To one Clerk, one tliisan" --:tl'."i 'le it further enacted, That, for carrying
this act into execution, the sum of one hundred thousand
dollars be, and hereby is appropriated. to be taken from
any moneys in the Treasury, not otherwise appropriated.
JOtIN W. TAYLOR,
Speaker of the House of Representatives.
JOHN GAILLARD,
President of the Senate, pro temnnore.
Approved, JAMES MONROE.
Washington, March 3, 1821.

PROCESS VERBAL.
The undersigned, Major General Andrew Jackson, of
the State of Tennessee, Commissioner of the l United
States, in pursuance of the full powers received by him
from James Monroe, President of the United States of A-
rncrica, of the date of the 10th of March, 1821, and ofthe
forty-fifth of the Independence of the United States of
America, attested by John Quincy Adams, Secretary of
State; and Don Jose Callava, Commandant of the Pro-
vince of West Florida, and Commissioner for the delive-
ry, in the name of His Catholic Majesty, of the country,
territory and dependencies of West Florida, to the Com-
missioner of the United States, in conformity with the
powers, commission and special mandate received by
him from the C:ptain General of the Island of Cuba, of
the date of.the fifth of May, 1821, imparting to him there-







xnI
in the royal order of the seth of October, 1820, issued and
signed by his Catholic Majesty Ferdinand VII. and at-
tested by the Secretary of State, Don Evaristo Perez de
Castro :
Do certify by these presents, that on thesseventeenth day
of July, 1821, of the christian era, and forty-sixth of the
Independence of the United States, having met in the
court room of the govern nt house in the town of Pen-
sacola, accompainjd on ~eii part by the chiefs and offi-
cers of the arn)rahd na nd by a number of the citi-
zens of the respective nations, the said Andrew Jackson,
Major General and Commissioner, has delivered to the
said Colonel Commandant Don Jose Callava, his before-
mentioned powers, whereby he recognizes him to have
received full power and authority to take possession of
and to occupy the territories ceded by Spain to the Uni-
ted States, by the Treaty concluded at Washington on
the 22d day-of February, 1819, ai'd for that purpose to
repair to said territories, and tfere to execute and per-
form all such acts .and things touching the premises as
may be necessary for fulfilling 'j pj oiatatacoulorsma-
bly to the s~4_J ft;r -jaia ~thws.S b4e*uinited States
-wT'tR alitoirity likewise'to appoint anyp arsnor per-
sons in his stead to receive possession of any part of the
said ceded territories aboding to the stipulations of the
said treaty: whereupon te (Colonel Commandant, D)on
Jose Callava immediately declare that in virtue and in.
performance of the power, commission & special mandate
dated -t Havana on the5Sth .of May 1821, he thenceforth
and from that moment placed the said commissioner of
the United States:in poisession of the country, territories
and dependencies i6f West Florida including the fortress
of St. Marks, with the adjacent islands dependant upon
said province, all public lots:and squares, vacant lands,
public edifices, fortificainiraltrracks and other buildings
which are not prnva14iVe tpi t accoding to the manner
set forth i1a the inventories and schedules,.hich he has
signed: 4dlidelrcd.witt the archives and documents di-
rectly rdEting to' the. gtoperty and sovereignty of the
said territory of West Florida, including the fortress of
St. Marks, and situated to the east of the Mississippi ri-
ver, the whole ki-conformity with the second article'of
the treaty of cession; concluded at Washington the twen-
ty-second of February, 1819, between Spain and the Uni-
ted States1 by Don Louis de Onis, MinisterPlenipotentia,
ry of his Catholic Majesty, and John Quincy. Adams, Se-
cretary of State of tfe United States, both provided with
fullipowers, w ich treaty has been ratified on.the part of
his Catholic Majesty Perdinand the seventh, on the one
part, and the, Presidentof'the United States, with the ad-
vice and consent of the Senate of the United States on the







XIV
other part; which ratifications have been duly received
and exchanged at Washington, the twenty-second of Fe-
bruary, 1821, and the forty-fifth of the Independence of
the United'States of America, by General Don Dyonisius
Vives, Minister Plenipotentiary of his Catholic Majesty,
and John Quincy Adams, Secretary of State of the Uni-
ted States, according to the instrument signed on the
same day.
And the present delivery thhe country is made in or-
der, that in the execution of 4e- said tFeaty, the sove-
reignty and the property of that province 6f West Flori-
da, including the fortress of St. Marks, shall pass to the
said United States, under the stipulations therein expres-
sed.
And the said Colonel Commandant, Don Jose Callava,
has, in consequence, at this present time, made to the
Commissioner of the United States, Major General An-
drew Jackson, in this public cession, a delivery of the
keys of the town of Penshcola, of the archives, documents
and other articles in the inventory before mentioned, de-
claring that he releases from their oath of allegiance to
Spain, the citizens and inhabitants of West Florida, who
may choose to remain under the dominion of the United
States.
And that this important and solemn act may be in per-
petual memory, the within named have signed the same
in the English and Spanish languages, and have sealed
with their respective seals, and caused to be attested by
their Secretaries of Commission, the day and year afore-
said.
[Signed] ANDREW JACKSON,
Commissioner on the part of the U. A.
[Signed] JOSE CALLAVA,
Commissioner on the part ofH. C. M.

PROCLAMATION,
By Major General .ndrew Jackson, Governor of the Pro-
vinces of the Floridas, exercising the powIers of the Cap-
tain General and of the Intendant of the Island of Cu-
ba, over the said Provinces, and of the Governors of
said Provinces respectively.
WHEREAS, by the treaty concluded between the U-
nited States and Spain, on the 22d day of February, 1819,
and duly ratified, the Provinces of the Floridas were ce-
ded by Spain to the United States, and the possession of
the said Provinces is now in the United States :
And whereas, the Congress of the United States, on the
third day of March, in the present year, did enact, that
until the end of the first Session of the seventeenth Con-
gress, unless provision for the temporary government of
said provinces be sooner made by Congress, all the mil -









tary, civil and judicial powers exercised by the officers of
the existing government of the said provinces, shall be
vested in such person and persons, and shall be exercised
in such manner as the President of the UnitedStates shall
direct, for the maintaining.the inhabitants of said terri-
tories in the free enjoyment of their Liberty, Property,
and' Religion ; and the President of the United States,
has, by his commission be ing date the tenth day of said
Murch, invested me wit the powers and charged me
with the severit duties Ljtofore held and exercised by
the Captain General, Intendant and Governors afore-
said :
I have therefore thought fit to issue this my Proclama-
tion, making known the premises, and to declare that the
government heretofore exercised over the said Provinces
under the authority of Spain, has ceased, and that that of
the United States of America js established over the
same; that the inhabitants thereof will be incorporated
in the union of the United States, as soon as may be con-
sistent with the principles of the Federal Constitution,
and admitted to the enjoyment of all the privileges, rights
and immunities of the citizens of the United States-that
in the mean time, they shall be maintained and protected
in the free enjoyment o their liberty, property, and tbj
religion they profess i.aail laws and municipal regu-
lations whichwere in RF-cEat te cessation of the late
government, remain in full forccyand all civil officers,
charged with their execution, except those whose powers
have been specially vested in me, and except also, such
officers as have been intrusted with the collection of the
revenue, a continued in their functions, during the plea-
sure of the Governor for the time being, or until provis-
ion shall otherwise be made.
And I do hereby exhort and enjoin all the inhabitants
and other persons within the said Provinces, to be faith-
ful and true in third allegiance to the United States, and
obedient to the authorities, of the same, under full assur-
ance thit theiijust rights will-be under the guardianship
of the United States, and will be maintained from all
force and violence from without or within.
Given at Pensacola, this 17th day of July, one thousand
eight hundred and twenty-one.
ANDREW JACKSON.
By the Governor,
R. K. CALL,
deting Secretary, West Florida.

PROCESS VERBAL AT ST. AUGUSTINE
In the place of St. Augustine, and on the 10th day of
July, eighteen hundred tand twenty-one, Don Jose Cop%
-pinger, colonel of the National Armies, and commissioner







XVI
appointed by his Excellency the Captain General of the
Island of Cuba, to maake' formal delivery of his said
place.and province of East-Florida, to the geuernmnat of
the United States of America, by virtue of the treaty of
cession concluded at Washington, on the twenty-second
of February, eighteen hundred and nineteen, and the roy-
al schedule of delivery 9E the twenty-fourth of October of
the last year, annexed to. the' documents mentioned in the
certificate that form a healf to these instrumentain
testimony, thereof. An44tj radijutant-jeneral of -the
southern division of said staes.colonel Rolert Butler, du-
ly authorized by the aforesaid government to receive the
same, we having had several conferences in order to car-
ry into effect our respective commissions, as will appear
by oud official, comrmunications-and having received
through officers nominated by the latter, the documents,
inventories and plans, appertaining to the property and
sovereignty of the Spanish nation held in this province,
and in its adjacent Islaqds depending thereon, with the
sites, public squares, vacant lands, public edifices, forti-
fications, and other works not being private property; and
the same having been preceded by the arrangements and
formalities, that for the greater solemnity of this impor-
tant act, they have judged pro there has been verified
'at 4 o'clock of the eve 'tia daf the complete and
personal delivery of Iins, and all else of this
aforesaid province, the commissioner, officers and
troops of the United States, and in consequence'thereof,
having embarked for the Havanas the x.ilitary and civil
officers and Spanish troops in the American transports
provided for this purpose, the Spanish authorities having
this mbment ceased the exercise of their functions, and
those appointed by the American government having
began theirs-duly noting, that we have transmitted to
our governments, the doubt occurring whether the artil-
lery ought to be comprehended in the fortifications, and
if the public archives relating to private property ought
to remain, and-be delivered to the American government
by virtue of the cession: and that there remain in the for-
tifications, until the aforesaid resolution is made, the ar-
tillery, munitions and implements, specified in a particu-
lar inventory, awaiting on these points and the others ap-
pearing in question in our correspondence, the superior
decision of our respective governments anti which is to
have, whatever may be the result, the most religious
compliance at any time that it may arrive, and in which
the possession that at present appears given, shall not
serve as an obstacle. In testimony of which, and that
they may at all times serve as an expressive and formal
receipt in this act, we the subscribing commissioners,
sign four instruments of this same tenor in the English







XVII

and Spanish languages, at the above mentioned place,
and said day, month and year.
Signed] JOSE COPPINGER,
Signed] ROBERT BUTLER.
I do hereby certify and attest that the foregoing act
was solemnized in the presence of the illustrious assem-
bly, as well as of a number.of private individuals conven-
ed on the occasion, and of several officers of the army
and navy of the United States.
[Signed] JUAN BE ENTRALGO,
Gov't scribe And secretary of the city council.

ORDINANCES.
By his Excellency Major General Andrew Jackson, Gov-
ernor of the, Provinces of the Floridas, exercising the
powers of the Cafppin General, and of the Intendant of
the Island of Cuba, over the said Provinces, and of the
Governors of said Provinces respectively :
That with a view to the preservation of the good or-
der and healthof the town of Pensacola, I do
ORDAIN :
Sec. 1. That there.saill *be appointed by the Governor
annually, a chief office to.be called the Mayor, and six
subordinate officers to lealled Aldermen, who shall form
a council and have and ex'freise all the powers necessary
to the good government of the said town.
Sec. 2. That the said Mayor and Council shall have
power by ordinahdo6r otherwise to impose fines and for-
feitures for the iafraction of their regulations, and ap-
point such officers as they may deem necessary to enforce
their ordinances, atd to levy such taxes as may be neces-
sary for the support of their town government.
Sec. 3. As the christain sabbath is observed throughout
the civilized- world it is ordained, that in order to remove
any doubts which might be entertained with respect to
the powers of the Mayoe and Council on this subject,
that the said Mayor and Council be authorized to make
any regulation for the due observance thereof, which they
may deem proper.
Sec. 4. In order to remove all doubts on the subject of
the limits of the said town of Pensacola, and its depen-
dencies, as well as to place under the immediate control of
the Mayor and Council, all the fountains or springs from
which the inhabitants are supplied with water, it is or-
dained, that the incorporated limits of said town shall be
as follows : bounded to the south and east by the harbor,
to the west by the Western Lagoon, or Bayou Chico, and
to the north by a line running due east from Galves spring
to where such line will intersect the Eastern or Texas
Lagoon.







XVIII
Sec. 5. That public gaming-houses as well as public
gaming of every description (billiards alone excepted)
shall he and the same is hereby' interdicted and prohibit-
ed, under te penalty of two hundred dollars foreach con-
viction, anithe forfeiture of all the apparatus or machine-
ry -sdtd toward the- oomiiisionrof such offences, as well
as all autas df money which may be seized by the public
officer ofouther persyn-one half to the.,pse of the-inform-
er and the other halflo the ,WtfthetowA ; and that each
and every person soconvi, I11$ be, and stand com-
Ypitted to prison until the ,'of said fines and costs be
paid; and moreover, uitil, e ;ift-hve found .good and
sufficient surety, in the suj of five. hundred dollars, for
his good behavior'fbr and duriifghe term. of one year.
Sec. .6. Thatthe Mayor and Aldenmen as is provided for
in this ordinance, shall abe known .and called the City
Council of Pensacola, and in that nake may acquire and
dispose of property for public uses, ald esut and be sued,
and plead and be impleaded, onadl subjects.relating to,
and connected with the said tonm and its degpe.nencies.
Sec. 7. That all-inkeepers,grocers, a4d.all other retail-
ers of liquors, are by this ordi~aee expressly prohibited
from furnishing or sellinglany Ih~t osr>tedent spirits
whatever, to any soldier in the Sewticq qf'the United States
of America, under the penal i' 9%4C eti'h offence, and
to stand committed to the*con ao jLil until the said
penalties with costs are paid.
Pensacola, July 18th, 1821.
(Signed,) ANDReYW 'JAKSON.
By the Governor:
R. K. CALL,
Acting Secretary of West Florida:
AN ORDINANCE,
For the preservationlf Healtik lqth.City of
rPensacola.
By Major General Andrew Jackson, Governor of the Pro-
vinces vf the Florida., exercising the otwere pf the Cap-
tain General, and f the Jntendant of the Island of Cu-
ba, over the said Provinces, and of the Governors of
said Provinces respectively.
Sec. 1. That every vessel arriving between the 1st day
of June, and the last day of October in each year, from
any port between the Equator and thirty three degrees of
North Latitude, shall be brought to at the Barrancas, -or
at such other point as the Board of Health may direct,
and there perform a quarantine of twenty four hours, at
least, and as much longer as the Health officer at Barran-
cas, or such other point as the Board of Hcalth may di-
rect, and the Board of Health may deem necessary, not to
extend forty days.







XIX

Sec. 2. That there shall be established a Lazaretto at
the Batrancas, or at suchpoint as the Board of Health
may direct, for the accommodation of the -sick, under
such regulations as the Board of Health may frbm time to
time establish ; and that until the. government of the Uni-
ted States shall establish a public warehoaseat such La-
zaretto, the cargoes or'such part thereof,, as the Health
officer or Collector of -the4t~r of Pensacola may deem
necessary, shadl be stored utiler'.headirections of the com-
manding officer of the troopsat Barrancas.
Sec. 3. That the quarantine limits shall be cannon-shot
range, or two miles.in a direction towards the harbor
from Fort St. (!arlos de Dtlraacas, or at such point as the
Board of Health may direp, and thatany person or per-
sons, belonging to, or having hl1 communication with
any vessel or. vessels under quarantine, who shall pass
those limits withoutipermissiaps first had' and obtained
from the Resident Physician or Health officer, shall for-
feit and p.ty a sum not exceeding three hundred dollars,
and be imprisoned in the common jail.for a term not ex-
ceeding six months. b
Sec. 4. That for the more efictuaziy guarding against
the introduction of disease, there shall be established a
Board of Health, whichfor the present shall consist of an
officer to hf appointed andcalled the Rfsident Physician,
and the Mayor and Aldermen of Pensacola (over whom
the Resident Physician shall preside) who are by his or-
dinance authorized to make, and from time to time alter
such laws and regulations as they may deem necessary to
ensure the health of.the cisy.
Sec. 5. That there shall be a Health officer appointed
and stationed at thel Barranoas, or at such other point aS
the Board of Health may direct, whose duty it shall be to
board every vesseboud inwards'to see thaheprovisi-
on of this a ,B c gulatlons as the
Boardof Health may make; are strictly complied with,
and report from time to time. asoccasion may require to
the Board of Health.
Sec. 6. That such allowaaces shall'be made to the Re-
sident Physician and Health officer (all their services in-
cluded) as shall not exceed Onr Dollar and one half for
each person on board oPeach vesselto be regulated and
determined by the Mayor of Pensacola, who is authoriz-
ed to receive from every vessel, the cargo of which it
may become necessary to land and store, such other and
further sums as may be necessary to cover all expenses
incident to the same.
Pensacola, 19th July, 1821;
(Signed] ANDREW JACKSON.
By the Governor:
R. K. CALL, Acting Secretary West Florida.







XX

By Major General .ndrew Jacksor, Governer of the Pro-
vzncee of the Floridas, exerci ng the powers of the Cap-
tain General and of the Intendant of the Island of Cu-
ba, and ofthe Governors of said Provinces refspetively :
Whereas from the extent of the ceded territories it be-
comes necessary to make such division as will promote
the convenience of the inhabitants, and the speedy execu-
tion of the laws-wherefor, -and m virtue of the authori-
ty vested in me by the government of the United States, I
do
ORDAIN:
Sec. 1. That the said Provinces bedivided as follows.
-411 the country lying between the Perdido and Su-
wanev rivers, with all the islands therein, shall form one
county to be called Escambia.
All the country lying East of the river Suwaney, and
every part of the ceded territories, not designated as be-
lon:ing to the former county, shall form a county to be
called St Johns
Sec. 2. In each of said counties, and for the govern-
mentthereof, there shall be established a couit, to be de-
signated a county court, and to be composed of five justi-
ces of the peace, any three of whom shall form a quorum,
and the eldest by appointment to be president of said
court, whose jurisdiction shall extend to all civil cases o-
riginating in the county, where the matter in controver-
sy shall exceed twenty dollars, and to all criminal cases
saving to- the parties the right of appeal to the Governor,
in all cases above the sum of five hundred dollars and
that there shall be no execution for a- capital offence, un-
til the warrant of the Governor be first had and obtained
Sec 3 That'the judicial proceedings in all civil cases
shall be conducted, except as to the examination of wit-
nesses, acrcordin to the course of the existing laws,or to
the laws 6 oi pain`, aiid xi criminal cas'i'i;or3ug to the
course of the common law : that is, no person shall be
hell to answer for capital, or otherwise infamous crime,
unless on a presentmentor indictment of a Grand Jury,
and in all criminal cases, the accused shall enjoy the right
to a speedy, and public trial, by an impartial July of the
county wherein the crime shall have been committed,
and to be informed of the nature and cause of the accusa-
tion, to be confronted with the witnesses against him,
and to have compulsory process for obtaining witnesses
in his favour, and to have the assistance ot counsel for his
defence.
Sec. 4 There shall be a clerk appointed for each of
said county courts, who shall receive for his services,
such compensation as the court for which he is appointed
rna from time to tine, and in each suit, tax or allow;
and there shall also be a sheriff appointed to each court,







XXI
'o execute the process thereof, whose services shall be
compensated by the court to which he is appointed, in
like manner as is provided for the clerk-and the said
clerk and sheriff shall give bond to the presiding- Justice,
for the faithful discharge .ofteir duties.
Sec. 5. Each County.Court shall hold Quarterly sessi-
ons, and to continuiethe same'pantil alithe'business pend-
ing therein shall be dtsgoped of. The first session to be
held at Pensacola, on thW fifst Monday of August next,
fol the countyof Escanb --and, at St. Augustine, on
the second Monday of September next, for the county of
St Johns-with power to adjourn thosame from time to
tine.
Sec 6. There sliall ppt be less than ten Justices of the
Peace commissioned for eack~gcnty, whose jurisdiction
shall extend to all civil cases, iot exceeding fifty dollars;
saving to the parties or swutors, an appeal to the county
court, in all cases wherein thematter in dispute shall ex-
ceed the sumof twenty dollars-and shall also be autho-
iized in all criminal cases to exact surety for good beha-
vior, and-to take recognizances in cases bailable, for the
appearance-of the accused before the counts courts.
Sec. 7 That the examination of all witnesses within
the jurisdiction of the courts, except when their personal
attendance cannot be procured, shall be conducted viva
voce and in open court: that the parties may conduct their
suits in person, or by such counsel as they may choose:
Pi ovided, that the said counsel or counsellors, shall have
been duly licensed to practice in the courts of said ceded
territories by the Governor.
Sec 8. The Alcaldes shall continue to exercise the
powers-of Judges of probate, Registers of Wills, Notaries
P-Iblic, ofJustices of the Peace, and such other powers,
appertaining to the said offices,'as have not been other-
wise distributed,'saving the right of appeal to the county
court in all cases.
Sec. 9. That the judges of the said county courts shall
have power to impose such taxes upon the inhabitants of
their counties respectively.as 4n their disc action may be
necessary to meet and defray theexpenses which may be
incurred in carrymg, t)is ordmance-into effect.
Sec. lo. That the said county courts shall have and ex-
ercise the powers of directing by special venire or other-
wise, the summoning of all Juror., Grand as well as petit.
Sec. 11. That the said courts shall have the power of
creating and regulating their process and proceedings
from time to time, as they may deem necessary, and shall
as soon as convenient after their organization, prepare
and report a fee bill to the Governor for his approbation
Sec. 12. That the said court shall have, and exercise
beyond the limits of Pensacola and St. Augustine, the







XXII
power of granting and recalling licences or commissions
for ankeepers, retailers of liquors of every description and
keepers of bi~iard tables, and to require of them such su-
rety as.tbey may deem proper, and.iippose such price for
such lioeuce'ai ilt their oQptinf t be reasonable.
Sec. 13. TF i shall jli.the dat'of-sa.ij.courts in' re-
gulaatg t4ii iaoci elp toc'onfme the par-
ties-.stri~by tOher, Tei rJts hir ilcani and to Lause all
uselesaalltter, as wee' ak a:gus1 ary form to -be expun-
gedjrog the pleadings~ t th zpnseaf f lbe'party intio-
dacfng the same, so.thatto d ae-may be administered, in
the 'nost simple, thap, aa4epud ly manner -u
Sec. 14. In all cranapal cases, the process and Indict-
meat shall be in the name of the Unite-rtates,and there
shall be appointed a praweitigg Atteorrev tor eaoh of tne
said counties, who shall re4ve.irv etJh rpe, a reasona-
ble compensation, to be taxed by the court:. .
Sec. 15. That the polce of-the-roads and hrildes with-
out the limits of Pensacola as4 St Aigustire, .tsat1l be
under the immediate dt section of the said cun tv courts ,
the police of the city to be exclusively coafiuei to the
Mayor and Aldermen
Pensacola, July 21st, 1821.
[Signed] ANDRENV 'JACKSON
By the Governor:
R. K CALL,
Acting Secretary of West Florida

By Majon General .dndrew Jackson, Govenor of the fro-
vinces of the 1Ploi zdas, exercising the powers of the cap-
tain General and of the Intendant of the Island of Cu-
ba, over the sazd Provnuces, and of the Governors of
the said Provmoes respectively.
AN ORDINANCE
Prescribing the mode of carrying into effect the 6th ar-
ticle of the Treaty of Amity ; settlement of differences
and limits between the United States of Amemica and his
Catholic Majesty.
Whereas by the sixth articloof the said treaty, it is a-
m6ng other thmgs-provided ; that on the -ntrance of the
ceded territories into the Umon, the .inhahttants thereof
shall be" admitted to the enjoyment of all the privileges,
rights and immunities of the citizens of the United
States" .Now, therefore, as well with a view to guard
against impositions, that maybe practiced by.foreigners,
as to secure to the inhabitants their free choice to be-
come citizens of the United States, under the provisions
of the said treaty.
Sec. 1. I do ordain, That the Mayor of the City of Pen-
sacola, and such other persons as may be appointed for
the purpose in any town or county of these provinces,







XXmI
shall open a register, and cause to be insciihed the name,
age, and oc. up tion of every free male inhabitant of such
town or county, who ma) be desirous to profit by the
provisions ot the sixth article of the t eaty, so a# afore-
said in part recited, provided the -person: oi Tht f' itnt
iwho mav thus destr to havehi, name ilioribed, shall
fist satisfy the mayL e pe~a, .as may be
appointed to. gie t he qqaHtan iI-
habitant of the ced 1be0 th dfo jly
1821 : and providtfdialsf IC fle 1"4f his ovt free wit
1821 : and 1 .
and accord, aju'ire, aW l re g wn ana take the
oath of alleg4ance p;es'crabbt t9ytheJaws of the Utdned
States
bec 2. That the Ulg rcister shall continue open
for and darring 'WtJ S W ~jft lie ribntRs. whfn the
riame shall beb ose d' thereof transmitted un-
der theseasllNer oAer persons appointed
to open regists tP is a qf the saidoterritoies'.
Sec. 3, THIl I -altr period that the taid
registers alt fft'oB9 9et, free -male inhabitant
above the age' i es tftaliled to make his e-
lection as IorSa %q'alB i th e c t ed territories,
entitled to j ofnj f ia rts, p iteggs and imlnmunities of
a citizen f ttk esn a t, '*all %0 all intents and
purposes .ee cbnt i4 t fat ners d. sabj$ct to the
laws of'the. d s, ina fatio, aliens.
Sec 4. It ajIh t duty of heads of families within
the said pr6lt0; being desirosl to profit by this act, to
furnish thesTlo or jy.doatlefrsons as may* be ap-
pointed to opera ~ lteselt wjth'the name and "ae of every
free male iftember of his' famAly and the said Mayor shall
cause the same to be in cribed4& the register, as before
provided foxr
Sec. 5.'In order1topard the more effectually against
impositions, aswell'as to give to the inhabitants the se-
curity which citisensN'p..*Wl Hi l 'them abroad. It is
further ordained, That the Sec.etary or Secretaries of the
ceded territoiesY grant to sa inhabitants as may be de-
sirous of receiving- the'~ jq p rtificates of citizenship,
he or they beingfirstsatisfies mau the provisions of this
ordinance hall have blenrcorhplied with.
Sec 6 The evidence upop wbiolbthe Secretary or Se-
cretaries shall proceed togrant certificates of citizenship
shall be a certificate of the clerk'qfthe Mayor, or such o-
ther persons as may be appointed'to open registers, that
the applicant has complied with the reqtisitions of this
ordinance, upon the receipt of which it shall be the duty
of the Secretary or Secretaries,to grant to all and every
such applicant orapplicants; certificates of citizenship,
for which the said clerk and Secretary shall be entitled to'
one dollar eash, and for every name entered oh the regs-







XXIV
tei the Mayor or other person authorized to open the
same shall be entitled to one dollar.
Pensacola, 21st July, 1821.
(Signed) ANDREW JACKSON
By the Governor :
R. K. CALL,
Acting Secretary ofWest Florida

By Major fener A~grwrJi erken,[ihovernor of the pro-
vinces gf the Flor:d4q, ewc; e ne the iowera of the Cafp-
ttin General and /l02 tdant qf the tdaland'of Cuba, over
the said rfrovince.s apd l'f the Goternoras of said pro-
'vinces resftectrvely.
AN ORDWL~NjCE
Explanatory of the mode'f ,proceWditig in the County
Courts. '
Sec. 1 All suits in the County Cuttj ,of Escambia
and St. Johns, shall be conmenced by petition, setting
foith concisely the nature of the demand -or complaint,
and praying such relief as may be Suited tor the circum-
stances of the case, the same to be fil!elby.the clerk, and
the suit to be entered on a locket to be kept for the pur-
pose.
bec. 2. A copy of the petition ShMRl*I rade out by the
clerk, and a citation to the adverse party annexed there-
to, the form of whach to -be settledIy-tlt ,presiding jus-
tice, and to be signed by the clel 'rieqtdiing the adverse
party to appear at a day certain to answer to the com-
plaint, and the said petition and citation to,be served on
him by the Alguazil, who shall take such security as may
be tequtred according to the existing laws.
Sec. 3. That in case the defendant shall not appear on
the day which he shall be cited, the Court may entei
jud gment against him by default in all cases where the de-
mand is liquidated by proven account, by bond, note or
final judgment, but the same may be opened within three
days, should the party appear and put in his answer, and
in th, case of all other demands or complaints, the court
shall proceed to hear testimony, assess damages, and ren-
der final judgment but ?h case the citation and petition
be not served from inability to find the defendant, then the
coult to proceed in such case according to the manner
pointed out by the existing laws
Set. 4 The substance of the judgment of the Court-
and the different orders taken in the progress of the suit
shall be briefly noted on the record, and signed by the
presiding justice, and in all cases where orders or judg-
ments shall be made or passed in open Court, or where
counsel have been employed, the notification of such judg-
ments of orders to the parties shall be dispensed uith.
Sec 5 That if on the day appointed, the defendant







XXV

shall appear by himself or counsel, he shall have three
days to put in his answer, and such further time as the
Court may allow, and in case of liquidated demands he
shall be required to ;.pt in such answer o(n.oath
Sec. 6 That after final judgment, execution shall is-
sue without any furlthn.,pder, and the appiaisement, no-
tice and sale shall as.jaer the Spansh laws, all
which tb appear stancee on the record, the sale to
be mane by the Algua- MaIor or Shertl
Sec. Z. Tlfat all fttries onEfhe records shall be in En-
glish, but it shall be at the option of the parties to file
their petitions'aid answers in English or Spanish, and m
case that boah either of the parties shaH be Spaniards,
the writings served in _t "'to be in both languages.
See. 8. That there shafVbe adjourned Courts on the
first Monday in every month for the trial of civil cases,
signing judgments, and to which citation, executions and
other process may be made returnable, and the form of all
such process to be settled by the presidiugjustiie, follow-
imn as nearly as possible the forms in use in Spanish tri-
bunals.
Sec 9. In all cases wherl'either of the parties t'ay re-
quire it, the testimony of the witnesses to be tken in
writing at the triat,'and the teasonson which tihe Court
shall have founded~ts decilSn to be entered on record
bec. 10 That papers or other docuplfnts on which the
suits may be founded shdtt be filed with the petition, and
either party may put interrogatories to the other accord-
ing to the usages in Spanish tribu-als, and which the o-
ther party shall be bpund to answer, otherwise the mat-
ter therein to be'taken fIro confesso.
Sec. II. The clerk shall have power to issue summons
to compel the attendance of witntses, buf depositions to
be read in evidence, to be taken by the proper oider of
the presiding justice, with notice to the adverse party.
Sec. 12. The usual acts of conciliation orders or de-
crees, according to the'tSpamsh practice, at the com-
mencement and in the progressof any suit, may be made
by the presiding justice, but thegrial and final judgment
shall in all cases be in open CourT.
Sec. 13. That the following fees be received by the
officers, and no other.
To the crier-forevery cause, l1 00
Sheriffs-serving every citation, 1 50
do serving subpoena for each witness, 50
do. serving attachment and return, 2 00
do. keeping personal property and slaves, to be
allowed by the court.
do. taking bond on seizures and for security in
case of liquidated demands, 1 00







XXVI
do serving execution and money paid without
sale, 2 00
do execution against the property-none found 1 00
do making sale and levying the debt, for the first
$100, 5 00
do for all sums above 100, two and a half per
cent, 4
do. keeping and maintaining ioner in jail
for each day, 25
do. whipping any person sentenced to that pun-
ishment, 1 00
do. executing any condemned persoeo 10 00
Notaries Public-for attesting all notarial acts, I 50
do making the same when required, for. each
hundred wolds, 25
do. for copies with certificates, each hundred
words 12
Constables-serving state warrants, to be paid by
the city or defendant, 50
do. summoning witnesses, 50
do. serving execution, 50
do selling property under execution, 1 00
do. serving search warrants, 1 00
do. serving attachments, I 00
Translators-fol each hundred words, 25
Mileage-to be entitled for every mile necessarily
travelled in the service of process, 06
Interpreter-shall receive in every suit, 2 00
Clerk of the court-for every citation, 1 00
do entering every order, 50
do administering oath and writing the same, 12
do. filing petitions, interrogatories, answers, SEc. 20
do. entering judgment, 1 00
do. execution, 1 00
do summons to witness, 50
do. copies of all papers-each hundred words, 25
do. entering satisfaction on judgment, 50
do taking deposition. 25
Judges-for every order or decree out of court, 50
do trying cause and entering judgment to each
justice, 1 00
Prosecuting Attorney-for every conviction, 5 00
Done at Pensacola, 26th of July, 1821
ANDREW JACKSON,
By the Governor.
IR K ALL,
Acting secretary of West Florida







XXVII

By Major General .4ndrew Jackson, Governor of the pro-
vtnces of the Floridas, ererczing the ownerss of the Cap-
tamn General, and of the Intendant of the Island of Cu-
ba, over the said provinces, and of the Governors of said
provncees respectively :
AN ORDINANCE,
For the better regulafd .of thqfparbour of Pensacola.
First, It is ordasI f That tlrfte shall be established
in the town-of Pensa&, a board of Commissioners, to
be called Comnmisioners of lalotage," which shall con-
sist of three persons, to be appointed by the Governor,
and to hold t hfiflces during his pleasure, whose duty
it shall be tox p ine as- to the qualifications of every
person who sia pply to be appointed a Pilot for the
harbour of Pent6acola, and to hear all complaints against
such persons as have been or may be appointed pilots, and
to report there proceedings and opinions in all such cases
to the Governor. And no person shall be permitted to
act as such pilot until he shall have been duly examined
by the said Commissioners and approved by them and by
the Governor, and shall have given good and suftient
security for the performance.Lf his duty asilot a.afore-
said which security shall tITo be appio ed by th'e Gov-
ernor. '0
Second. That tJ pilots of the haibour of Pensacola
shallbe entitled to receive for their services, from evely
vessel which shall rrive at or depart fi om the haibourof
Pensacola, the sum of one dollar& fifty cents for each toot
of the said vessels draught of wateg; and the further sum
of two dollars for each day the saidpilot shall or may be
detained by said vessel. Provided, that in case the master
or owner of any vessel shall refuse the services of such
pilot, and shall choose to act as kis own pilot, that' then
only half pilotage shall be demanded by tne said pilots -
And provided further, that all vessels trading to and from
any port of the United States, in the Gufp# of Mexico,
and having less draught of water than six feet, shall be
and they are hereby exempted fiom the payment of pilot-
age, unless the services of a pilot shall be required by
them. And no other or greater fees than those above
mentioned shallbe demanded or received for the services
of any pilot upon any pretence whatever
Third There shall be appointed by the Governor three
or more persons to dischai 'e the duties end pertoim the
services usually discharged and performed by Portwar-
dens in the different ports of the United States, who shall
be called the 'Wardens of the port ot Pensacola,' and they
shall be entitled to receiNe, as such wardens, for their sei vi-
ces, in-vmsting and examining goods or vessels, the sum of
six dollars for the first visit, and the sum of two dollars for
every subsequent visit, to be divided in equal parts a-







XXVIII
among the said wardens, Provided the said compensation
shal in to case exceed tne sum of five dol'ai s per day to
each of the said wardens And the master or owner of
every vesset.rFqtringthe se vices of.the said wardens,
shall furnishitwihem a safe sonveyanet76o and from the
said vessel.
fg lrth That the HaIi mu.r.mt riht shalt b entitled to
receive the bum of five 1te t' l casein which he
shall be ealleden to decidej,,to be y the party'offen,
ding; and no other or greaerfee, or diolf i ty .sh all
be demanded or received by him on account of os said
office. And any person being the masta4rp-other. .officer
of any vessel in the harbour of Pensatcol o shaH ne-
glect or refuse to obey the lawful oonomnle of the said
harbour master, shall be fined Ia a sum not exceeding
twenty dollars for ea-th and every offence.
Done at Pensacola,,this twentieth of Auglst, 1821.
ANDREW JACKSON.
By the Governor:
GEO WALTON,
Secretary of West FlorTda.

By Afajor General Andrew Jaczson, Governor of the Pro-
vincr of the Florzdas, exrercisang the f9wera of the CQ -
tain General and of the intendw4 t othe Island of Cu-
ba, over the aaid firovncee, and of thc joverners ofeatd
Provinces res8ecttuely
AN ORDINANCE,
Regulating the fees of Justices of the Peace.
It is ordained, That from and after the date of this or-
dinance, the Justices of the Peace within the Piovince of
West Florida, shall be entitled to receive for their res-
pective services, the respective sums hereinafter mention-
ed, that is to say :
For celebrating the rites of matrimony, two dollars.
For a.State -W rrant fifty cents.
For a Search Warrant, fifty cepts:
For a Peace Warrant, fifty cents.
For a Warrant in civil ca~ss, fifty cents.
For a Judgment, fifty.ccnts.
For an Attachment, and taking Bond and Affidavit, one
dollar
Taking Examination, fifty cents.
Transcript of record, when required, twenty five cents
Taking Depositions, fifty cents.
Proceeding on Appeal and Bond therein, one dollar
Mittimus on recognlzan e, fifty cents.
Execution on judgment, fifty cents
And if any Justice of the Peace shall ask, demand, re-
ceive or exact f oin any person, ani other or greater sum,
than by this ordinance, he shall be entitled to demand and







XXIX

Receive, upon conviction thereof, in any court having cog-
nizance thereof, he shall be fined 11i a sum not exceeding
two hundred dollars, and shall lose his office
Done at Pensacola. this 2 1t day of August, 1821.
ANDREW JACKSON.
By the Governor :
GEO. WALT J,
Secretary of WestiFlorida.
By Major General Andre aJ ckaon, Governor of the Pro-
vrnces of the Floridae, exercising the powers of the Ca/f-
tazn General and of the Intendant of the Island of Cu-
ba, over saad Provinces, and of the Governors of
said Proviices respectively.
AN ORDINANCE
Explanatory of the ordinance for the preservation of
health in the city of Pensacola,"
Whereas it is of the first importance to the health and
prosperity of the city of Pensacola, that no persons but
such as are preper-ly qualified, and licensed, salId be
per mitted to practice medicine in the siid city,f ~i such
having been the law, in thCse provinces utfder tht lafe gov-
ernment of Spain,] and in 'order to remove all db'its ies-
pecting the powers of the board of health, it is therefore
I. Ordained apd dEclared, that the board of health
possess full power to regulate the practice of medicine in
the city of Pensacola, and to establish rules and legula-
tions for that purpose, and grant licenses to such persons
as may be found qualfied to practice.
2. Ir is further ordained, that Dr. Voorhees, health of-
ficer, and doctors Elliott and Merrill of the United States
army be added to the board of health.
Done at Pensaeola, this 6th day of September, 1821.
[Signed] ANDREW'JACKSON
By the Governor:
GEO. WALTON, See. jest Florida.






















AI1 AVCT


FOR THE ESTABLISHMENT

OF A

TERRITORIAL GO QERXJM T







Be it enacted by the Senate and House of Refpresenta-
tives of the Unsted States of.dmerica in Congress assem-
bled, That all that territory ceded by Spain to the Unit-
ed States, known by the name of East and West Florida,
shall constitute a territory of the United States, under the
name of the territory of Florida, the government whereot
shall be organized anadministered as follows :
Sec. 2 .4nd'be it f~irt/er enacted, That the executive
power shall be vested in a Governor, who shall reside in
the said territory, and hold hloffice during the term of
three years, unless sooner removed by the President ot
the United States. He shall be commander in chief ot
the militia of the said territory, and be, ex officio, super-
intendant of Indian affairs, and shall have power to grant
pardons for offences against the said territory, and re-
prieves for those against the United States, until the de-
cision of the President of the United States thereon shall
be made known and to appoint and commission all offi-
cers, civil, and of the militia, whose appointments are not
herein otherwise provided for, and which shall be estab-
lished by law: he shall take care that the laws be faithful-
ly executed.







XXXII
Sec. 3 And be itfurther enacted, That a Secretary of
the t:i itorv shall also be appointed, who shall hold his
offi e during the term of four years, unless sooner remov-
ed oy the President of the United States, whose duty it
shall be, under the direction of the Governor, to record
and preserve all the papers and proceedings of the execu-
tive, and all the acts of the Governor and Legislatise
Council, and transmit authentic copies of theproceedings
of the Governor, in his Executive Department, eveiy six
months, to the Presidpnt of the United States.
Sec. 4. And be itfatther ernuted, That,if case of the
death, removal, resignation, or necessary absence of the
Governor of the said territory, the secretary; thereof shall
be, and he is hereby authorized and requl ed, to execute
all the powers, and perform all tht-duties of the Governoi,
during the vacancy occasioned by the ieinoval, resigna-
tion, or necessary absence, of the said Governor
Sec 5 Andbe it further enacted, That the legislative
power shall be vested in the Governor, and in thirteen of
the mtAt fit and discreet persons of the territory, to be
called~lt legislative tconcil, who shall be ,appointed an-
nually, by the President of the United States, by and with
the advice and consent of the Senate, from among the ci-
tizens of the United States residing there The Gover-
nor, by and with the advice and consent of the said Legis-
lative Council, or a 4noritv 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 le-
gislation 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, burthen, or
disability, on account of his religious opinions, profes-
sions or worship, in all which he-shall be free to main-
tain his own, and not burthened with those of another-
The Governor shall publish, throughout the said territo-
ry, all the laws which shall be made, and shall, on or
before the first day of December in each year, report the
same to the President of the United States, to be laid be-
fore Congress, which, if disapproved by Congress, shall
thenceforth be of no force. The Governor and Legisla-
'tive Council shall have no power over the primary dispo-
sal of the soil, nor to tax the lands of the United States,
nor to interfere with the-claims to lands within the said
ternltory the Legislative Council shall hold a session
once in each year, commencing its first session on the
second Monday of June next, at Pensacola, and continue
in session not longer than two months ; and thereafter on
the first Monday in May in each and every year, hut shall
not continue longer in session than four weeks, to be held
at such place in said territoiv as the Go ernor and Coun-







xxxnI
ell shall direct; It shall be the duty of the Governor to
obtain all the iformaution his power in relationto the
customs, habit. and dispositions, of the inhabitants ofthe
said territory, and communicate the same, from time to
tnme, to the President of the United States.
Sec. 6.'And he it further enacted, That the judicial
power shall oe vested in ttro ampedor courts, anit dlWAt1'
5'rf6tcourts and justd~es of the peace as the legislate
coualffTothe Territory may, from time to time establish.
There shall be a superior coupt for that part of the Ter-
ritory known as East Florida, to coitist of one judge; he
shall hold a court ou the first Mondays in January, April
July and October, in-eath year, at St. Augustine, and at
suci other times and. places as- the legislative council
shall direct. Thi re shafle a superior court forthat part
of the ter:itury knou n tsVPCst Florida; to ;onsist of one
judge ; he shall holu a court at Pensacol.on the first Mon-
days in January, April. July andOctoberin each year, and
at such other times and places as the legislative council
shall direct. WIsthin its limits herein describl h
court snall ha 'Zjurisdileton in al, inal case m ex-
elusive jurisdiction in all Lapita rles, and ori j 3
risdiction in allci tl cases of the-value of one hundred
dollars, arising under, aT A
territory, now of-forc'e tlCew or wcfriay, at ny time
b-e e-atted by the legistative.couneiithereit E ch'judge
shall appoint a' clerk for his respective court, who shall
reside,rlespectvely, at St. Augustine and Pensacola, and
they shall keep.he records there. Eeach clerk shall re-
ceive for his services,an all cases arising upd~e the terri-
torial lkws, such fees as may be established I-se legis-
lative couucil.
Sec. 7. .4nd be stfurtter enacted, That eacrhof the said
superior courts shall moreover have and xercse the
same jurusdictionaithi stmUiinits, in all cadr arisingun-
der the laws and do'anstaut, bf the United States,which,
by an act to esatilish thbfjhdi ial power of the Uaited
States, approved the twenty-fourth day of Siptenmber
one thousand seven hundred indlp ty-nine and m act
in addition tW the act, enttlted An act to establish the
judicial courts of the WUited Sritks," approved the sec-
ond day of March, one thousand seen hundred sl nine-
tv-three, was vested in the court of the Kentucky district.
And writs of error and appeal from the decisions in the
said superior courts, authorized by this section of this
act, shall be made to. the supreme court of- the Untted
States, in- the same cases, and under the same regulations,
as from the circuit courts of the United States. The
clerks, respectively, shall keep the records at the places
where the courts are held, and shall receive, in all cases
arising under the laws and constitution of the United







_XXXIV

States, the same fees which the clerk of the Kentuck)
district received for similar services, whilst that court
exercised the powers of the circuit and .district courts.
There shiall be appointed in the said territors,two per-
sons learned in the law, to act as attorneys for the United
States .~s well as for the territory; on(o.r that part of
trter'-irory known as East FItida, ite other for that
put of the territory known as, West Florndt. L3a
of whom, in addition to his stated f.ts, shall be pai, an-
aually, two hundred dollara&sr a full compensation for all
extra services. TQare shaTlaldo be appointed two mar-
Shals, one for each of the said superior courts, whe shall,
each, perform the same duties, be subject to the same
regulations and penalties, and be entitled tb the same fees,
to which marshals in other distg&ts are entitled for simi-
lar services; and shall,' in addition, be paid the sum of
two hundred dollars, annually, as a compensation for all
extra ser. ices.
Sec. 8. .nd be it further enacted, That the govcrnoi,
secretary, judges of the superior courts, distinct attor-
neysunarshals,and allgeneral officers, of the militia, shall
be appointed by the Vresident of the United States, by
and with the advice and consent of the Senate. All ju-
dicial officers sh.pJlpp.ilr offices for the term of four
years, and 1iol nger. 1 he Givernor, Secretary, Judges,
members of the Legislative council, justices of the peace,
and all other officers, civil and of the militia, before they
enter upon the duties of their respective offices, shill take
an oath or affirmation to support the Constitution of the
United States, and for the faithful discharge of the duties
oftheirbW~te; the Governor, before the President of the
United States, or before a Judge of the supreme or district
court of the United States,or before such other person as
the Presideutsf the United States shall -authorize to ad-
minister the'tnme; the Secretay, ,ndges,, and members
of the Legislative Council'-Befoye the Governor; and all
other'officers before such persons.as the'Governor shall
direct. The Governor shall receive an annual salary of
two thousand five hmunred dollars; the Secretary one
thousand-file hundred dollars, and the Judges, of one
thousand five hundred dollars each, to be paid quarter
yearly, out of the Treasury of the United States The
Members of the Legislative Council shall receive three
dollars each per day, during their attendance in council,
and three dollars for every twenty miles in going to, and
returning from, any meeting of the Legislative Council,
once in each session, and no more The members of the
Legislative Council shll be privileged from arrest, ex-
cept in cases of treason, felon, and breach of the peace,
during rheir gotnit to, attendance at, and returning from,
each session of said Council.







XXXV
Sec. 9. And be it further enacted, That the following
acts, that is to say :
An act forth punishment of certain crimes against
the United States, approved April thirtieth, one thousand
seven hundred and ninety, and all acts in addition, or
supplementary thereto, whichlrre now in force :"
An act to provide toi4*he punishment of crirtes' grd4
offences committed within the Indian boundaries, appro-
ved Marcg third, one thousand eight hundred and seven-
teen -
in act in additon to the"act for the punishment of
certain crimes against St United States-, and to repeal
the acts therein mentioned, approved April twentieth,
one thousand eight hundred and eighteen :"
-' An act tor the punishment of cramea therein speci.
field, approved January thMirleth, one thousand seven hun-
dred ane ninety-nine ."
An actjespectitg fugitives from justice, and persons
escaping fiom the service of their, r msters, approved
twelfth Februt one thousand seven hundred ant 4ine-
ty-three :" i
"An act to prohibit the carrying on the slaptArade,
from the U. S. to any foreign place or country, approved
March twenty-sicond, one thousand seven hundre~and
ninety-nine:"
An act in addiition*to the act, entitled An act to
prohibit the carrying on the slave trade from the United
States to any foreign place, or country, approved May
tenth, one thousand eight hundred ."
The act to prohibit the importation of slaves into any
port or place within thejurisdiction of the Un4Id States,
fioin and aer the first day of January, in the year of our
Lord one thousand eight hundred ahd eight, approved
March second, one thousand eight hundred and seven:'
An act to prevent settlements being made on lands
ceded to the United State *il authorized by law, dp-
pi oved March trird, onethousand eight hundred and se-
ven;" '
An act in addition to An act'tto prohibit the im-
portation of slaves into any port or place within the juris-
diction of the Uaited States, from and after the first day
of January, in the year of our Lorr one thousand eight
hundred and eight, and to repeal certain parts of the
same, approved April twentieth, one thousand eight hun-
dred and eighteen :"
An act in addition to the acts prohibiting the slave
trade,approied Marchthud, one thousand eight hun-
dred and nineteen :"
An act to establish the post office of the United
States :"
An act further to alter and establish certain post







XXXVI
roads, and for the more secure carriage of the mail of the
United Statea."
An act for thp more genecaLpromulgation of the laws
3f theUuited States :" V
"6 AnCf in addition~o an act, entitled An act for the
moregeneral promul~gatito of the laws of the United

Arn uact toprovi e ftt the pu cation of tbe|eaa.af
the UnitedlctAtem I for othgr purposes :
AR act to promote the'progress of useful arts, and to
repeal the acts nbert re': ade foo lst purpose:"
*' An act to' xted the privil f obtaining patents
for useful discoveries and inventrbns tb ce tain persons
therein mentioned, and to enlarge aid to defide the penal-
ties for violating~'c.~ights of patentees :
An act for tHienm&ca ragerhAit of learning, by' secur-
ing the copid (maps, charts, and books, to the authors
and proprietors fasuch copies, duri the trie therein
m tioned :" 4
"Ltf act supplementary thereto, and ftextending the
ben*i~thereof to the arts of designing, engraving, and
etch% __nd other pritfts,"
"Aniact to pkescriBe the modetq which the public acts,
recdl, and judicial proceediSl, in each state, shall be
authenticatedjyLa'5 loTal&'e~feUf in any otheAhtate:"
AP act supplementary tethe ct, entitled An act to
prescribe the rode in which the public acts, records, and
judicial proceedings, in each state, shall be acknowledged
so as to take effect in any other state :"
L An act for establishing trading houses with the Indi-
an tribes, and the several acts continuing the same :"
An ,af making provision relative to ratiqfs for Indi-
ans, and their visits to the seat of government :"
And the laws of the United States relating to the re-
venue and itsacollection, subjhct to the modification sti-
pulated by the fifteenth article of the treaty of the twenty
second February, one thousand eight hundred and nine,
in favour of Spanish vessels and their cargoes, and all o-
ther public laws of the Wnited States whith are not ie-
pugnant to the provisions of this act, shall extend to, and
haie full force and effect, in the territory foresaid
Sec. JO. And be it further enacted, That, to the end
that the inhabitants may he protected in their liberty,
property, and the exercise oftheir religion, no law shall
ever be valid, which shall impair, or in any way restrain,
the freedom of religious opinions, professions, or wor-
ship They shall be entitled to the benefit of the writ of
ha'eas corpus They shall he bailable, in all cases ex-
cept for capital offences where the proof is evident or the
presumption great
All fines shall be moderate and proportioned to the of-







xxxyii
fence and excessive bail shall not be required, nor cruel
oi iu,,su.l puniiihments inflicted. No ex post facto law,
or law impairing the obligation ofcontracts, saall tvei be
passed ntw shall private property be taken ft public
uses, without just compensate. 'i "
Sec. 11 .And f furMS h enacted, That all fre jpale
white persons, who ar se keepers, add who shalt ,%e
resided one year, at Ilet, iT? the sasi terqAy), shalt 'be
qualified to act as grand ,nd petit ttjs, in Ite courts of
the said tert itory and they L until the legfiature
thereof shall oth rect, seieredn such Nmdn-
ner as tie judges of t ald courts Wiall respectively pre-
scr ie. so as, to b most cJndut'fe to*an impartial trial,
and to be rJast bu thctsome to the inhabitants of the-said
Territory.
Sec. '. Alnd be ,t further enatid, T ttit sishulit be
lawful Toi any persal or Sersons to im4ort, or bring into
the said telitdry,Pfm any pprt or pcac without the n-
its of the U. States, or cause or pro ere to be so in ted
or bi ought, or'lnowingly to aid or assist in so iH ing
o0 bringing, any slave or sf~ves. And every perso .o of.
fendinii, and being thmeof con'ie$d before any court
within the said territoffIving compete_ J l
shall forfe'r and pay, f-ch "an4 ever i'or-
ted or broukt, the sum of three hu -i- dol one
moietvi or the use of the United Statesand th theR
moiety for the use of the pe'tii rv persoF who qh 1 sue
for the same, and every slave X imported or brrg'iht shall
thereupon become entitled to,zanil.ecdiv his br he) free-
dom. '
Stc. 3s. AAd beit farther enacjped irs, in,
force in the said territory, ai tl'e Cmtl t
act, and not inconsistent WiTh tie rlotsitos shafl
continue il force until altred, 'odi eq)s or repealed,
by the legislature.
^Sec. 14. Ani be *it a erietf, That the citizens
of the said tel~rtory ialf ''Mhwitled to one delegate to
Congress, fo6 he said territorl,irho shall possess the
same powers AJretoore gr $tp the delegates froN the
several territories of the Zf. states Tbe said delegate
shall be elected by such description of persons, at such
times, and under such regulations, as the governor and
legislative council may, from time to time, ordain and
direct. PHILIP P. BARBOUR,
Speaker of the House qf Repreaentatves.
JOHN GAILLARD,
President of the Senate, pro tempore.
Washington, March 30, 1822.-Approved,
JAMES MONROE.







xfxvII1
MILITARY COMMAND IN FLORIDA
JIessage from the President of the Unzted States to the
Bouse of kefptel ntatzves.
I comr~N icate herewith tgthie House a report from
the Ser'aitry of War,'<..nL4ahg the information reques-
ted byV etr resolution of.tlt fifth ult i.
-* af04 be properftf er iij tharthe secretaries of
boT'the terrilties l cize asonibWy required and recei-
ved the ai f e' r ary force of the United Stutce std-
tionedflithin thiSW eilkly, t carry into effect the
acts of i'ir., a y.YO t
The Fover iW f t an" BWrFlorida, was, under
the Spaanist dr mini"i atlshait-ealusily military, the
governorTalfboth were ihrliary olueis, cnMrunit d in
their persons the ii' thority, both til and mnhi1.i y.
Th irpic iejo lcb the att of Congress of t-e
last ilon, loied *for the j 'po i) government uf
th ewly ceded provinces, wMtcarld imote\ecul oil,
ha beeir-ominulc Bd to CSugress in my messad$e at
the o'itingol the session. It was tiaea&t the authmuL-
ties ole county y as they'-wi found exist 1 ; at the tine
of the essip,.to be.exercised; uAtil the r.nceting of Loti-
gre whn Itwas kfnv that introduction of a s-
tem Inal to our oUl- institutions would he
one of1 1 e! r t t#od iost iminrtant sulock of t'hir
deli on Fjlm. t4jk. among other obvioreconsi-
fferat7eu, mil ry oRi t ,re appointed to tak peosses-
sion of both provides '" t, as the military command
of Gxneraldacksou was to4 ase on the first of June, Ge-
neral Games, the ofiac neit in command, then here, w ho
was firalesignaed to take posseoqpia of East lorida,
reerhal dectionto give such effect to
aqy requ io from the Govrnor for military aid, to
enforce hlB aih4frity as" the cwurumstancearmight se-
quare It was not foreseen tht the command in both the
provinces would before w..r legislation, by Congress
on that subject, dev6rivej3 secretaries of the terri-
tories; but, had it been ireseen, the lme direction
would have been'given as applicable to thAmn.
No authoritjias beeffgtv~ -to either of the secretaries
to issue comm ds to thqt portion ofthearmy which is in
Florida; and whenever the aid of the military has been
required by them, it has bemn* written requisitions to
the officers commanding th.itroops, who have yielded
compliance'thereto, doubtless.under the directions recti-
ved from General Ga~nes, as understood by him to be au-
thorized.
Shortly before the meeting of Congress, a letter was re-
ceived at the War Department from Colonel Brooke, the
officer commanding at Pensacola, requesting instructions
how far he was to consider these requisitions as authort-







XXXIX
'ative; but the assurance that a new organization of the
gpoertiment was immediately to be authorized by Can-
g ess, was a motive for superseding any specific decision
upon the inquiry.
-JAMES MONROE
Waslhngtons 5t4fftril 18&2
4VALR, DL.ARTMENT;,

SIR-The Secretaryof War to wu l atWfefrred the
resolution of the House of R esettUeas,,iAuesl*g the
Piesicant of the*yn"td#t fnoq fhe-House 'whe-
ther that pot tion ail n ted 'Sate~Warmy, now in 'lo-
da, is commande~iby the officeEsofttie said army, 'or by
the secret# of the teritory, andl iby the latter, by wh, t
authority is h.-nvestediwfli suc hL trmn' has the hun-
o0 to transmit'a report-of the A4rwxa Genera~ which
luinishes all the- in~rna~a n ti this ap bitent't" iela-
tion to the ubjectPhfM~'tle h'enor to be your nm sUo-
bedient set ant.
J C. CALHOUN.
The Presidtnt b fth6 U Staktes.-
ptirtrw GEKEat'ArPuTCFr,
a Ihhrtaf, 221lP arch, 18U2
SIR-In r ly to yo0 untcatioluo' the91 hl st
transmitti#4l reauoltin pf the. t~-upe tiie Representa-
tiles ofhe 5tb, I qI e to report thltt Tfi6n the re kls in
the Adjttant Gennrals Offreoetpappears- iat the troops
now infFlorlda, th se**t.Pensac6la and, St. Mai k's, were
under the command of'oloneF J R. Feawick,>tni[ -i hose
at St. Augustine and Amelia lant, under the'command
of Lieutgnant GOool ltusti&
It does not appear from any returns oVn*tWpp in tht-
office, that the secretaries oFFloruidt have 'exeised any
command wer the troops ~ittmi tl0t terttory.
I have the honor to be, *th Ilerfet resict, your obe-
dientservant. A
JiafEIS thADSDEN,
Colonel anl Adjwtant General
The Secretary of lrin

AA -ACT
Concerningthe Commeren sl d awvig~tton of rlordi
Be t enacted by the' S&e .ainrd Hcuse of Ref resenta-
tives of the United States -g rtca, rn Contrer assem-
bled, That any ship-or vesd- osessed of, a~tl sailingun-
der, a Spanish Register, on the temn day of Jilv, one
thousand eight hundred and twenty one, and continuing
to belong wholly to a citizen or citizens-of the U States,
then residing within the- territories ceded to th'e Uni-
ted States by the treaty of the twenty-second of February
one thousand eight hundred and nineteen, between the







XL
United States and the king of Spain, the ratification of
which were exchanged on the twenty-second of February,
one thousand eight hundred and twenty-one, or to any
person VE persons, being, on the said twenty-second lay
of Febraqqy; an minabitjnt, or. inhabitants, of the said ce-
ded t4rrtory, and *ho'L9 fAuue to re*4de therein, and of
wh9ei the masaty' ia Qatmehf the Uiled States, or an
in~btotaaitas jae. may be. gistered, enrolled, and
licensed it n n goribeaby law; and bemg so
regie~g'ied, 4boil ad lped, shall be denominated
and denied a qhiir vyIell lf ited States, and en-
ttled, to theaame yit s al i fienA : Provided, That
it shatl be lawful for;be coupctor to whosAapplication shall
be made for a pertificite ofregistry, enrolm~4t or licence
by any citizen or mih iant, as aforeeasd, to make such
varat)ons in th thei S the'oathe, certidcates, and h-
cences, aS shAll*ui der them a ipcable to the cases here-
in intended to be provided(Htpjnd llovided, also, That
evkry such inhabit appjfi gas aforesaid, shall, prioi
to his being entitled to receive such certificate of registry
enrollment, or licence, dep.sa a with the collector, the ie-
gister and tiher papers uaidf'which such ship or vessel
had been navigated ; ~td also taa and subscribe, before
the .lector,(Who is herelVy diJ orized to aominster the
same,) the follow ag oal : I, A. %. itd s Oaor aflirm)
that aill be faithful and, bear true al giaice tthe U-
nited states ofatmeriLa,and that I do entirely rnounce
and abjure all allegiance and fidakty to every foreign
prince, potentate, state, or sovereignty whatever, and pa -
ttcularly to the King otSpain."
bec. And be t further epactcJ, That the inhabitants
of the said ceded territory, who~ re residents thereof on
the said ,wventy-secodd day of February, and who shall
take the said oath, an# who continue to residqaherein, o
citizens of the United States rqudent therein,shall be enti-
tled to all the benefitswaad privileges of owning ships or
vessels of the United Stalks, to I intents and purposes, as
if they were resident cgizens of the United States.
Sec 3. And be t further enacted, 'hat &hringthe term
of twelve years, to cdemce' three months after the
twenty-second day of February, one thousand eight hund-
red and twenty-one, being the'day of the.exchange of the
ratifications of said treaty, Spanish ships or vessels, com-
ing laden only with the productions of Spanish growth
or manufacture, directly from the ports of Swain, or het
colonies, shall be admitted into the ports of Pensacola
and St Augustine, in the said ceded territory, in the
same manner as ships and vessels of the United Statis,
and without paying any other or higher duties on their
cargoes than 'b law now are, or shall at the time be made,
payable by citizens of the United States on similar article"







XLI
imported into said Pensacola or St. Augustine,- in ships
and vessels of the United States, from any of the ports
or places of Spain, or her colonies, and withmot paying
any higher tonnage dutythan by law O6w is. a- at theI
time shall be laid, on any ship or vessel of rheUnited,
States, coming from any post or place of Spain, or Any of
her colonies, to sdtf ports of Pensacolt or St. Augustine.
PHILWP P. BARBOUIR,
Speaker of the House of rfteftintanves.
JOHt4 QAILLARI
President o0/ tif Senate, pro trgerre.
Waasington, March'3o, 1822.-Approved,
SJAMES' MONRdE.

























[N CONGRESS,

JULY 4TH, 1776.

.Ji the Representatives of the United States of America, in
Congress assem ted,

A DECLARATION :



When, in the coume of uman events, it becomes ne-
cessaly loi one people to dissolve the political bands
which have connected them with another, and to~nssume
among the powers of the earth, the separate and equal
station, to which the laws o'natuie, and of nature's God,
entitle them, a decent respect foS the opinohs 'if man-
kind, requires, that they should dEclare the causes ivhich
impel them to the se aratton.
We hold these truX to be self-evident-that all men
lie created equal; thatthey are endowed by their Creator
with certain unalienable rights ; that, antn* these are
life, libelty, and the pursuit of happiness That, to se-
t ui e these rights, governments are instituted among men,
deli ing their just powers from the consent of the go-
Sei ned that, whenever any form of evernnedt becomes
dest active of these ends, it is the ri t of the people to
alter or to abolfsh it, and to inAitute a new government,
laving its foundation on such principles, and orranmzing
its powers in such lorn, as to them shall seen most like-
1\ to effect their safety and hapnm,' ss Pi udence, indeed,
ill dictate, that governments long established, should







XL1V

not be changed for light and transient causes; and ac-
co dinglv, all experience hath shewn, tnat mankind are
more disposed to suffer, while evils are sufferable, than to
right themselves by abolphing the forms to which they
are accustomed But whet a long train of abuses and
usurpations, put suing invdriably the same object, evinces
a design to reduce them underjabsolute despotism, it is
their righlR ,.itri their duty, to Trow off such go ernment
and to provide new guards for their future securii -
Such has See llfW itient.uff-lptce ofr these colonies,
and such is now the necessitywhich constrain's therm to
alter*theirformer system of go1ernmint The history
of the present King olf Grat Britain isa hiator of rtpp it-
.ed injuries and us nations, all having ih direct object the
establishment oPfliE 1ote4ynaIhy&rVer these statl s -
To prove this, let facts be submitted to a cAnadwom ld
He has refused Is assept toqaw he most a holesome
and necessary) for the pu4 ]gobd
He Itasforbrdde- his tovernori to pass laws of imme-
diate and pressing infpornc, unless tsjeined in their
operation, till his assent fWd be obpited and, A ben
so suspended, he hast~teill ne etied% Wiend to them.
-He has refuad. to pass othertfivs, for ithe accommo-
dation of larW district of people, ualeas those people
would reinquish the rTht of represe talgraqgie Legis-
'ture-a right inestimable to thue, alfty midalfe to ti -
rants onl\
He has called together Legislative bodies, at places un-
usunl, uncomfortable, and distant from the reposnoil\ of
their Iilblic records, for the sole purpose ot fatiguing
them into compliance with.hiwteeas'iies
He bi~f solved Representatile Housesftpeatedlv, for
opposni with manly firmness, his invasions on the rights
of the people.'- P
He haw refused for along time after such dissolutions,
to cst' others to be le( te(; whereby the legislative
powers, incapable of annihilatirn, have returned to the
pt ople at large, for then exercise the state, remaining in
the ameatin tme, exposed to all the d.npgtrs of invasion
fd oM withla.tEnd' .on- ulsions within
He has endecaoa~ld to prevent the population of these
states, for that pui pose ohsti ucting the laws for naturdli-
Z. tion offoreigners refusing to pass others, to encou:-
age theic tigralton hither, and raising the conditions ot
new appropi altionO lands
He has oustlucted the administration of justice, blv Ie-
fusing his assent to la s,4or establishing judiciary pov -
ers
He has made judges dependent on his will alone. fo!
the tenuie oftheir offces, and the amount aud pa\ ment of
thlii salaries







XLV
He has erected a multitude of new offices, and sent hi-
iher swarnis ut officers, to harrass our people, and eat out
their substance. ,
He has kept among us, ini fttes of peace, standing ar-
mies, without the cousent oiour legislatu es
He has affected.to render (he military independent of,
and superior to, the civi) power.
He has combined with otiers, to subject uli to a juris-
diction, foreign to out.Consfltutioneaadr unacknowledged
by our Iws getting hisassent to their acts of pretended
legislation :-
For quaitering large bodMA of armed troops among
us:-
For protecting tep by a mocktrial from punishment
for any murders whtie they should commit on the nhabi-
tonts oftllese statlw-
For cutting of W'tr deq ith all parts of tbe world -
For imposing taxeon us without'our consent:-
For dep Sl us, in manyweasea, of the benefits of trial
byjury :- ,
For trans l) s-beyond thedpas to be tried for pre-
tended offe a sstesn a ~Ii6 -
For aboln the free systnsh law n a
neighbors g nce, establsW g thaein.an arbitrary
gaveri itf" larginK Its boundaries sofs to render
it at once an example and fit instrument, for introducing
the same absolute rule into these colonles- I
For taking away ouit chartersabolhshing or most-va-
luable laws, ad altpring fundataenilly tie foifs of our
governments :' 4 -
For suilapdigg our own legislatures, ad _,declaring
themselves invested with power, to legislate fbW us in all
cases whatsoever. _
He has abdicated govAinmer4l here, by decl*ing us out
of his protection, anid Iwing r against us. f
He has plundered our seas. ravaged -our coasts, burnt
our towns, and deroyed the lives ofoui people.
He is, at this time transporting large arnueeof foreign
mercenaries, to complete the woiki of X,.th, desolaton
and tyrannv, already betiun, with c arumstances of ci uel-
ty and perfidy, scarcely pairalleld in the most barba-
rous ag's and totally unworthy the head of a civilized
nation
He has constrained our fellowltizens, taken captive
on the higliseas, to hear arr,-against their country, to be-
come the executioners of th-lr friends and brethren, or to
fall themselves by their hands
He has excited domestic insurrections amongst us, and
has endea ored to bi ing on the inhabitants of our i on-
tiers the merciless Indian savages, -N hose known rule of







XLVI

warfare is an undistinguished destruction of all ages,
sexes and conditions.
In every stage of these oppressions, we lihe petitl)ned
for redress, in t .e m'st humble terms: our-repeated peti-
tions have been ans wered only'by repeated injul y. A ounce
whose character is thus market, by eveiy act, which may
define a tyrant, is unfit to be the ruler of a tree people
Nor have weleeii wanting in attention to our Bit sh
brethren We have warned them, from time to tinit, of
attempts made bjtlteir legisfiure; e.i extend an unwar-
rantable jut isdiction over us WNV"have mminded them
of the cu cinustices of our emigration and settlement
heir We have appealed to heir native jstice and mg-
nantmity, and we have conjured them bv the ties of our
common kindred, to disavow these usurpations, which
would ine~rtally interrupt our connections an 'corres-
pondelnce Thev, too, have bhen dealt the voice of ius-
tice and of contsanguinity We mirstT'hheieote acquit sce
in the necessrtv, ni tcil denounces our separation, and
hold them, as w,- hold the rest of mank O-,itiemies in
wal ,-in p'c,,c, h ice'd5s 1 -~V
\VW, tneictore. the Representatives oft* t United States
of America, ii Ganeral Congress-awemble ,appelhng
to the SupremeIudlgesof he world, for Phe. rectitude of
out intentiojs, D ,in thekame and by th4el' altority the
good people 'of these colonies, solvmn4it4istlish'l. de-
clate, that these Unitc, Colonies, ate. and of right ou' it
to he free and dependent states, that they ate absol td
fioin all allegiance to the Bttish crown, and th t all po-
11htldl connection, between them and the state of Great
Britian, is anl ouititt to be tota*U*dissolled and that,
as Lee and independent states, they haie fullpower to le-
v war, conclude peace, conti act alliances, estalliih com-
nierce, add do arot',ci acts and things which indepen-
dei, states ma oft if bt do And for the supportof tins
declaration. t lth a firm ehltance on the protection of Di-







XLVII

,ineProxidence, we mutually pledge to each other, our
'I es. OU fortunes, adi(: ou sciled ;:onor

JOHN HANCOCK,
NrW HAn-'ePIsmr. GEORGE T YLOR,
JO'ilAH BARI FirT, JAMES % ILSON,
11 T AIA WHIPPLE, GEORGE ROSS,
'14ATTI EW THORNTON, ltAWAnt
-AqsACIVSETTs BAr Y CESAR ROUNEY,
A.\V'UEL ADAMS, GrORGE READ,
If TN AI)4mS, THOMAS PMKEAN,
TIOIFRT TREAT PAINE, 't M iRTIAND
I LD)RIIIDG GERRY SAMUEL CHASE,
RHODE ITLAW, &c. WILLIAM PA( A,
STEPIHE HOPKINS, TIIO,\S STONE,
WILLIAM ELLERYHf. GHARElS CARROLI,
COXXECTICVT [bfCarrollton
ROGER SHERMAN, IxnoltrA.
SAMUEL NI*TGTON, pEORGEC WYTHE,
- ILLIAM WILWAMS, RICHflD HENRY LEE,
OLIVER WfLCOTT, THOMAS JEFFERSON, .
Naw ions RElNJAMIIN ARRISON,
WILLJM FIYD, THOMAS NELSON, jr
PHILIf LIVINGSTiN, FRANCIS LIGHT1-OOt LEF,
FRANCIS LEWIS, CARTER BRAKTON,
LLWIS MORRIS, sOBTH CAROLIA.
NsEW4EziRE. WILIAM HOPER,
RICHARD STOCKTON, JOSEPH HEWES,
JOHN WrMIERSPOON, JOHN PENN,
FRANCIS HOPKINSON, sow1 cAROLrn.
JOHN HART, EDWARD RUTLEDGE,
ABRAHAM CLARK, TOMAS HEYWAIIjr
PENNSrtvaNIA THOMAS LYNCH, jr
ROBERT MOkIS, p AR FHUR MIDDLEON
BENJAMIN RUSH; v Q0ono I
BENJAMIN FRANKLIN, BUTTON GWINNETT,
JOHN MORTON, LY\tI N HALL,
GEORGE CLYMER, CEORGI( W ALTON
JAMES SMITH,




















(O THE,


UNITED STATES.




WE, the iPeooue of th? Uited States, n ordir to form a moreperfect
Union, est.bast Justice,' sure Domestic Tranquihty, provide for
the lommoni letnce, promote tle General WeJFre, andsecure the
blh ssings of Lib' to Ourselves and o4t Postellty, D Ordiin and
estahlishalus CONSifTJUTION for the UNITED STATES OF A-
MERttICA.
ARTICLE I.
SECTION 1.
ALL Legislative powel s herein granted shall be vested
in a CO),, GRESf of the TJiaTted Stts t which shall conis
sit of1' Senate and Hous&f lRepresentativest
secMnoN 2.
1. The House of Representatives shall 1~ composed of
members cJosen every secoil year, by the people- of the
several states ; and the electors Ig each state shall have
the qualifications requisite dbr electors of the most Ame-
rous branc*'of t4 statlegislature.
2. No persoffnhallbbe a Representative who sliT not
have attained to the aPe of twenty4ive years, and been se-
ven years a citizen of the United, Statesl atdpi ho shall
not, when elected, he an Inhabitant ofRtat state in which
he shall be chosen
3 Repiesentitivesaand direct taxes shall be apportion-
ed amwion the several states which may be included with-
in this union, according to their repective numbers,
which shall be ketermmne by ailingto the .whole num-
ber of free persons, including thlse bound to service for
a term of years, and excluding Indians not taxed, thlee
fifths of all other persons The actual enumeration shall
be made within three years after the first meeting of the
7









Congress ot the United States, and within every subse-
quent teim of ten years, in such manner as they shall b\
law direct >The-number of Represemlrtives shall not ex-
ceed ole for eveCrthirty thousand,*'but each state shall
have at least oe Representative and until such enum e-
ration shall be made, the stite of New--Hampishre shall
beentitled4o choose tree, T~FYsachusette eight, Rhode
Island and Providenee*Plantatons, one, Connecticut fie,
New-Yort,5xi JZ'A .itt, ley lour, Pennselanra elrnt.
Delawar ff anrd Tx, V J'y tSn; WVorth Caro-
zna,'five, Soun Carolna five and (eo6twhrae.
4 When vacancies hajpn in the i gresentation from
any state, the executive airthoritV thereof sihlt issue N rts
(l election to.fill such vacancies
5. The house o' cepresentaliIes hall choose the:i
speaker and other ofMdfi ,an* all have the'sote powti
of impeachment
SECTION 3
1. The Senate of the WUpted States shall be composed
of two Senators fiom each state, choim by the legisla-
ture thereof, for six yea s and each senator -shall ha\<
one vdte
2. Immediately after they shall bt assernlled in conse-
quence of the fi ltelecyion, they shall be divided, as e-
qually as iy oe,.into three classes.,-The seats of the
sentohs of the first class, shall be viated at the expi a-
tion of the second year, of the second class at the expira-
tion of the fourth year, and of the third class at the expi -
ration of the sixth year, so that one third may be chosen
every second year ; atid if vacncies happen by resigna-
tion or0ofwr ise, during the mess of the legislature ot
any statethbe executive thereof may lrake'temporary ap-
pointments aptil the next meeting of the legislatuic,
which shall theJfill such vacancies.
3..No person shall be a Senator who shall not have at-
tainea to the age of thirty yelrs, arl been nine yeats a
citizen of the unitedd States, and who sha no*; vFhen elec-
ted, b" tainh-abitant of that state for which he shall bt
chosen'
4 The vkci president of the United States shall be
president of thesentte, but shall have no vote,unless the%
be equally divided
5. Tl Senate shall choose their otherofficers,*and al-
so a president pro tempore, in the absence of the %ice
president, or when he shall exercise the office of Piesi-
dent of the United States
6 The senate shall have the sole power to try all im-
peachments. When sitting for that purpose, they shall
be on oath or affirmation When the president of the
United States is tried, the chief justice shall preside, and







LI
no person shall be convicted without the concurrence ot
two thudls ot tht members present
7 Judgment in ot-ss of impcachmentshall-not extend
fulitner than to removal fronmoffice, and disquaMliation
to hold and enjoy any office of honor, trust or profit, under
the United States but the purty convicted shall never-
theless be liable and subjCpt to indictment trial, judg-
ment, and punishment, according to law
SECTIOn. 4.
1 The tlmes, places, and manner of halfimg elections
tor senatops'ai* representative sflall be. prescribed in
each state by the legislature ttieteof, but the congress
may, at any Ame,4y law, make'or alter such regulations,
except as to he places of choosing senators. i
2 The congiessehall assemble at least once in every
iear, and such meeting shall be on the fist Monday in
December, unless they shall by law appoint a different
day
SECTION 5
1 Each hqyse hall be the judge of the elections, re-
turns, and qualinc4tions, of its own members and a ma-
jority of each shall constitute a quorum to do business;
but a smaller number+may adjourn trom day to day, and
may be authorized to compel the attendance ol absent
mem bers, in sqh manner and under.sma.h penalties as
each. hotAe may plytde '"
2 Each house may determine the rules of its proceed-
ings, punish its members for disorderly uehaviour, and
with the concui rence of two thirds, expel a member.
3 Each house shall keep a journal of its proceedings,
and fiom tune to time ptish the same, excepting suca
parts as may in theirjudgment require secrecy and the
Seas and nays of the members ofeither house on any ques-
tion, shall, at the desire of onefifth of those present, be
entered on the journal.
4. Neither house, during the session ofcongrsss, shall,
without the consent ~fthe other, adjourn for mole than
three days, nor to anesther place than that in wkuch the
two houses shall be setting
SECTION 6.
1. The senators and representatives shall receive a
compensation for their services, to be ascertained by law,
and paid out of the treasui y ot the United States They
shall ui all cases, except treason, felony, and breach or the
peace, be privileged from arrest during their attendance
at the sessionof their iespectile houses, and in going to
or returning from the same afid for any speech or de-
bate in either house, they shalr not be questioned in any
other place.
2. No senator or representative shall, during the time
for which he was elected, be appointed to any civil office







LIt

under the authority of the United States yhich shall haec
been -reaied, or tue emoluments wnel dfs'all have .*en
incre d attrng puch time : an4, -rrson holding aiy
office er th' UniTted StE.l.shal" r a'meqpber of either
house during Cs continuance in office.
sEeoiet 7. '
1. All billsior racing reve e still originate in the
house ot Ifpresentatives, but ti:e se ate may pi oppose or
concur worth a ndments as on other bills *
2, Every.i wlfnt i hll have, ~l Ue house of re-
pre6entatives nd the senate, shall,bee -,becdme a
law, be presented to the president of thi.United Statts, if
he approve he shall sign it; but if'not'he .ll. return it
*ith his objections, to that house in which it shall have
origlated, who sriallenter the objections at large on their
journal, and proceed to reconsider it. If, after %uch re-
cunsiderati .n, two thirds of that house shall agree to
pass tie bill, it s i.ll be sent, together with tht objections,
to tae otn'r nouse, by wnich it shall likewise be iccon-
suiered. adl li approved by two thirdqiof that house, it
sna.1 beaJ n a law. But in all such sses, the votes of
both houses shall be deierminm-d by yeas and nays, and tne
nademn o tli- persons voting for antl again the bill, shall
be entered on.A journal of each house rapPectilel). 'If
a r bill s lll nnWt 0e returned by tbe gres ent vithinten
days (un~ ays excepted) after it sha avee bee resent-
ed tM it n, t e sdme s-all he a law in like manner as if
he had signed it, unless the congress by their adjourn-
ment prevent its return, in wnich case it shall not be a
law
3 Every order, resolution,* vote, to which the con-
cur: e'ce 'f fhe senate and lhouseof representatives may
be b**cessat y, (except on a questldn of adjournment,) shall
be n.'esent d to the pi ehiaent of the United States and
before the same s.iall take effect, shall be approved by
him ; or being disapproved by him, shall be repassed by
two thirds of the senate and house ofrepresentakves, ac-
cording to the rules and liutati&p rescribetd in the case
of a bill
SECTION 8.
The congress shall have power-
1 l o a) and collect taxes, duties. imposts, and exci-
ses to p-y the debts and provide for the common defence
and gtneial welfare of the United States'; but all duties,
imposts, and excises, shall be uniform throughout the
United States :
2 ro borrow money on the credit of the United
States
3 fo regulate commei ce with foreign nations, and a-
mongth- several states, and with the Indian tribes
4 To establish an uniform rule of naturalization, and







L111

umtoi n, lavcWpn the' subject of bankruptcies throughout
tilL Unized's i.b
j To coin in reydregulate the alue thereof, and of
foreign conn, and fix the- itantdaid of eightstanid mnea-
SU I eh.
6 To provide for tlypanishment of counterfeiting the
seu 1 ties gdl c ua rnt 7 To 1tstablish'Iost offices and post oaCds :
8 1'o ppomqn e the progress of scirtia and useful arts,
by secucin ; for ited times, to ahthpft nd in%, ltuis,
thi exclusive rgm to their respective writings aiid*disco-
0.I c ies *
9 CIo b spnstlute triliunals inferior to the supreme
coli : To define and punish plrac.ies and ILlonles com-
nltted on the hFgh seas, and offehces against the law of
nations :
10 To declare war, grant letters of marque and re-
pi sal, and make rules concerning captures on land aad
water .
II1 fo raise and support armies; but no appropria-
tion of money to that u* shall be for a longer term than
two years
12 Io provide anctaminta)n a navy:
13 To make rules ror the governnarnt and regulation
of the land aHd naval foi ces.
144eto provide for calling forth the militia to e'tecute
the laws of the union, suppress insurrections, and iepel
iyrms1ons.
15. To provide for organizing, arming, and disciplin-
ing the milrtia, and fo governing such pait of thtm c ,
may be employed in twl rvrce of the United Stdtes, re-
sci ving to the states respectively, the appointment f the
officers, and the authority of training the militia acco d-
ing to the disciphlln prescribed b) cong~tss:
16. To exercise e'.cusive legislation in all cases what-
soever, over such d strict (no exceeding ten miles square)
as'may, by cession of partlcilar states, and the arccep-
tance of congressllcbtme the seat of government of the
United States, and to exercise like 4utholrtv over all pla-
ces purchased, by the consent of e legislature of the
state, in which the samV'sall be, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buil-
dings :-and
17 To make all laws which shall be necessary and
proper for carrying into execution the fou going pow r s,
and all other powers vested by this constitution in the
government of the United States, or in any department
or officer thereof
SECTION 9.
1. The migration or impuotation of such persons as
any of the states now existing shall think proper to ad-







LIV
nut, shall iot be prohioited by the congress prior to thi.
vear one thousand eight hundred and eight,4ut a tax or
duty may be imposed on such importatioR, not exceeding
ten dollarffor each person V,
2 I'he privilege of the wilt of habeas corpnt shall not
be suspended, unless when, in casess of rebellion or inva-
sion, the public safety may requrip it.
3 No bill of attainder, or ex post acto law shall be
passed.
4. No capitaton o other direct taxAhll be -laid, un-
less in proportion to the census or eullneration herein
before directed to be taken
5 No tax or duty shall bb laid on articles exported
from any state No preference shall be given by any re-
gulation of commerce or revenue to the ports ofone state
o er those of another, nor shall vessels bound to or fiom
or e state be obliged to enter, clear, or pay duties in ano-

6 No money shall be drawn from the treasury, but in
conseq'ience ol appropriations made by law and a re-
"ulta statement and account of the receipts and expen-
diu',es of all public money, shall be published from time
to urL
7 No title of nobility shall be granted by the United
States, and-io person holding any office of profit or tiust
under them, shall without the consent ofthe congress, ac-
cept of any present, emolument, office, or title of any
kind whatever, fi om any king, prince, or foreign state.t
SECTION 10. j
1. No state shall enter into any treaty, alliance, or con-
federation, grant letters of magque and reprisal ; con
money emit bills of credit; make any thing but gold
and silver coin a tender in the payment of debts pass a-
ny bill of attainder, ex post facto law, or law impairing
the obligation of contracts, or grant any title of nobili-
ty
2 No state shall, without the consent of the congress,
lay any impost or duties on imports, r exports, except
what may be absolutely necessary for executing its in-
spection laws and the net produce of all duties and im-
posts, laid by any state on imports or exports, shall be
Ioi the use of the ticasury of the United States, and all
s~, h laws snall be subject to the ie vision and" control of
tle confess No state shall, without the consent of con-
,*css, la\ any duty of tonnage, keep troops oi ships of
wa%. in time of peace, enter into any agreement or con-
"act witn another state, or with a foreign power, or en-
gaec in 'wai. unless actually invaded, or in such immi-
','it danger as will not admit of del.x
*In article 5, cl-ust 1
Sbee amendments, Alticle 1;







LV

ARTICLE II
SECTION 1
1 The execuuve pop0er shall be vested in a president
of the United States4f America. He snall hold his of-
fice during the tevn of fiur years, and, together with the
Sice president, chosen for the same term, be elected as
follows:
2. Each state shal i point, in such manner as the le-
gislature thereof may direct, a iumiNfr of lcctoi s, equal
to the whole qer'of senators aldepresentresnta es to
which the state b he entitled in the congress, hut no
senator or representative, oi person Iolding En office of
t, ust or profit uLder the United States, shall be appomtind
an elector
3. TheitLctorf shall melt in their respective states, and
vote by ballot for two persons, of whom one at least shall
not be an inhabitant ofthe same state with themselves =-
And they shall make a list of all the persons voted for, and
of the number of rotes for each, vunich lzst the askll '.yn
and ce tify, andttransmitsaealed to the seat oj govei nment
of the United States, diree d to the president of the senate
The firesident of the a'e/ fall, in the presence of t' e oe-
nate and house ef reftresent4qtes, n/pen all the certficater,
and the vcts shall th4 be counted. Tihe persoin'/h.vng
the greatest number of votes shall be the p ef9 i-ont, J "ch
number be a majority of the whole number of electors ali-
ominted and f there be noift than one who have sich m,-
Jor and have an equal lmber of votes, t'ien the house
of, Lesaentatrves shall immediately choose, by ballot, ore
of them for ireside't ;4 d'f no person have a majority,
then from theflve n the list, the said ho-ise shall,
n like manner, ehoa rAt. ut i, choosing the
Pfreszidspt, the vo'e shattle t n by states, the re/resenta-
tionfrom each state havinf one vote a quorum for this
purpose shall consitl of a. member or members from two-
thiAds ofthe states, and a majority of all the states shall be
necessary to a choeet. ItNQLry case, after the choice of
the president, thef tr.otA n!mg the greatest number oj
votes of the eectoFt, sharl be the vice president But Vf
there should remain two o" more wfohAave equal votes, the
senate shall choosefrom. henm, by *dlot,'the vice pyesr-
dent.* .
4 'The congress may determine the tine of choosing
the electors, and the day on wilich they shall %e teir-
votes ; which day shall be the same through' >t the Unm-
ted States.
5. No person, except a natural lorn cI iZ', oc a citiz, n
of the United States at the.time of the adopudh of it-
constitution, shall be eligible to' the office incsitdtnt ,
tnilled See amendments Art 12







LV1

neither shall any person be eligible to that office, who
shali not have attained to the age oft'ui ty-n yeais, and
been fourte.en years a resident within tae United States.
6. In case of the removal of thApresident from office,
or of his death, resignation, or fnabiitS to discharge the
powei s and duties of the said ffice, the same shall de-
volve on the vice president,- ai the congress may, by
law, provide for the case otfre leath, resignation,
or inability, both ofrthe president and vice president, de-
claring what ota r shallthen act as fenident, and such
officer shall act moved, or a president shall be electd.)-
7 The president shall, at stated times, receive for his
services a compensation, which shall neither be increased
nor mffiiiished during the period for wlich he hall have
been elected, and he shall not receive within tlat period
any other emolument from the United States,or any of
then
8 Before he enter on the execution of his office, he
shall take the following oath or affirmation :
4' I DO SOLEMNLY SWEAR (or arirm) THAI I WILL FAITH-
FULLY EXECUTE THE OFlICE' SDENI OF THE UNITED
SITAIlS, AND WILL, 10 THE BEST OF MY ABILITY, RESERVE,
PROrfCCI, AND DEFEND TH. CONSTI TION OF THE UNITED
STATES "
SECTION 2.
1. The president shall be commander in chief of the
army and navy of the' United*States, and of the ihlitia of
the sevel al Jtates, when called into the actual sertle of
the United States, he may require the opinion, in writ-
ing, of the principal officer in e cr of the executive de-
partments, uDon A -y to the duties of then
respective offices, and he-falhave power to giant re-
prieves and pardons for offences against the United States
except in cases of impeachment.
2. He shall have power, by and with the advice pnd
consent of the senate, to rake treaties, provided two-
thirds of the senators present concur; and he shall no-
rnlnate, and by and with the advice and consent of the
senate, shall appoint ambassadors, other public minister s
and consuls, judges o6 the supreme court, and all other of-
ficers of the United States, whose appointments are not
herein other wise provided for, and which shall be estab-
lished by law. But the egress may, by law, vest tht
appointment of such infernoi officers as they think propel
in the president alone, in the courtsof law, or in the heads
of departments.
3 The president shall have power to fill up all vacan-
cies that may happen during the recess of the senate, by
granting commissions, which shall expire at the end of
their next session







LVII

SECTION 3.
SHe shall, from time to time, give to the congress in-
lormation of the state of the union, and recommend to
their consideration, such, measures as he shall judge
necessary and expedient : he may, on extraordinary oc-
casions, convene both houses, or either-of them, and in
case ot disagreement besqen them with respect to the
time of adjournment, hevnay adjourn them to such time
as he shall think proper; he shall receive ambassadors
and other public oaflaters; he shall take care that the
laws be faithfully eqcuted ; and shall commission all the
officers of the United States.
SECTION 4.
1 The presidentb vice president, and all civil officers
of the United States, shall be removed from office on im-
peach ment, for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.
ARTICLE III.
SECTION 1. 4
1 The judicial power of the United States shall be vest-
ed in one supreme coutt, And in such inferior courts as
the congress may, from tme to time, ordain an estab-
lish The juUg s both oLtWe supreme and inferior courts,
shall hold their jfices d(j ing good behavior; and shall at
stated times, receive for their services a compensation
which shall not be diminished during their continuance in
office. a *
SECTION 2.
1. ?he*udicial power shall extend to all cases in law
and equity, ai sing undeyathis constitution, the laws of
the United States, and which shall be
made, under their authdrttol cases affecting ambas-
sadors, other public ministers d consuls; to all cases
of admiralty and maratime jurisdiction; to controversies
to which the United States shall be 'a party; to contro-
versifs between two or more states, between a state and
citizens of another state, bet"en citizens of different
states, between citizens of the same state claiming lands
under grants of different states, and between a state, or
the citizens thereof, and foreign statest citizens, or sub-
jects
2. In all cases affecting ambassadors, other public
ministers and consuls. and those in which a state shall be
party, the supreme court shall ha.e original jurisdiction.
In all the other cases before mentioned, the supreme
court shall have appellate jurisdiction, both as to law and
tact, with such exceptions and under such regulations as
the congress shall make
3. The trial of all crimes, except in cases of impeach-
ment, shall be by jurn. and such trial shall he held in the
-tate where the said crimes shall have been committed;
8







LVIII
but whtn not committed within any state, the trial shall
be at such place or places as the congi essmay by law have
directed c TQ#
SECTIr 3
1. Treason against the United States shall consist only
in levying waroaga.inst-toie, 4r in adhering to tneir ene-
mies, giving them ait 4nd c ert. No person shall be
convicted of ti n tlIess oud~e testulnon) of two wit-
nesses to the s e oyerti act, or on confession in open
court.
2 Thecon 8sshtll have'pow*ei declare the punish-
ment oftw b, but nopttainder ofraeason shall work
corruption oTblood, or foit!siie. except during the life
ofthe person attutea -

sECTIoN i
1 Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every
other saate 'ind the congress may, by general laws,
prescribe the .mannerit wh*ch such acts, records, and
proceeMiAgs, shall .e prove atnd the effectthereof
s;i;k 2.
1. The citizens of each sate shall be entitled to all
-privileges and mmnfiies of ciens in the several stat s
2. A person charged in any state with treason, felony,
or other crtme, who jshalltee fatem justice, and be found
in another state, hall, on demand of the executive au-
thority of the state from uhich he fled,, be dehlred up.
to be removed to the state having- jursdictfdfft'o the
crime.
3. No persona .to seryiv orlabor in one state under
the laws therdi5,-t c'Ef eijpgl tb another, shall, in conse-
quence of any law or Wgulatiom therein, be discharged
from such service orplabor, but shall be delivered up on
claim of the party to whom such service or labor may be
due:; *
SBION 3.
1. New states may be admitted by the congress into
this union. but no new state shall be formed or erected
within the juris4dtion of any other state, nor any state be
formed by the j lion of tqo or more states, or parts uf
states, without the consentoT the legislatures of the states
concerned, as well as of the congress.
2 The congress sldll have power to dispose of, and
make all needful rules and regulations respecting, the
territory or other property belonging to the United
States, and nothing in this constitution shall be so con-
sttued as to prejudice any claims of the United States,
or of any particular state
SECTION 4.
1. The United States shall guaranty to every state in







LIX

this union a republican form of government, and shall
protect each ot tnem against invasion, and on application
ot tle legislature, or of the executive (when the legisla-
ture cannot be convene) against domestic violence.

ARTICLE V

I The congress, whenever two-thirds of both houses
shall deem it necessary, siaall pi ooose amendments to tins
constitution, or, a.application of the legislatures of two-
thirds of the several states, shall call a convention for
proposing amendments, m nich, in either case, shall be
valid to allintents and purposes, as part of this constitu-
tion, when ratified by the legislatures of three-fourtlh of
the sevei al states, or by convetiions in three-fourths there-
of, as the one or the other mode of ratification may be
pi opposed by the congress, provided, no amendment which
may be made piior to the year one thousand eig'it hun-
died and eight, shall in any manner affect the 4rst and
fuu: th clauses in the ninth section of the first at tcle ; and
that no state, without its consent, shall be deprived of its
eqLal suffrage in the senate

ARlICLE VI.

1. All debts contracted and elngaements entered into
befuie the adoption ofthis constitution, siall he as valid
agauist the United States undir this constitution, as un-
der tte-confederation.
2 This constitution, ami the laws of the United States
which shall be made m .am ....aW and all trea.
ties made, or which. s'alllf ie, under the authority of
the United States, shall be the supreme law of the land,
and the judges in every state shall he hound thereby any
thing in the constitution or laws of any state to the coh-
trary notwithstanding
3. The senators and representatives before mention-
ed, and the members of the several state legislatures, and
all executive and judicial officers, .both of the United
States and of the several states, shall ilbound by oath or
affirmation, to support this constitution : but no religious
test snail ever he required as a qualification to any office
or public trust under the United States.

ARTICLE VII.

1. The ratification of the conventions of nine states shall
be sufficient for the establishment of this constitution be-
tween the states so atifying the same







LX

Done in convention, by the unanimous consent of tnc
states present, the seventeenth day of September, in the
year of our Loid, one thousand seen hundred and
eighty-seven, and of the independence of the United
States of America, the twelfth In witness wheceof,
we have hereunto subscribed our names.
GEORGE .U ASH INGTON.
PresidWiOdni deputy from Virginia
4 NEW BAMPiXRIFE. DELAWARE
John Langdon, George R!4
Nicholas Gilman, Gunnin ord, un
XAIsACaHUsrrs John D nson,
Nathan.el Gorhan, Rlichard Basett,
Rufus Kirg Jacob Broom
CONNECTICUT. IMAtTLAXD.
WlIham Samuel Johnson, James*Mlienry,
Rorer Sherman Daniel ot St Tho Jenifer,
NEW TORK Danil Carroll
Alexander Hamilton VIRGl IA
sEW JERSBY John Blair,
William Livingston, James Madison, jun
DtVnd Brearli, WORTI CAboOL ,.
William Patterson, William Blount,
Jonathan Dayton Richard Dobbs Spaight,
PE'nxs VArIA Hugh Wilhamson
Benamin Franklin, SOUTrH CAOLIoNA
Il nomas Mtflin, John Rutledge,
Robert Moris, Charles Cotesworth Plncknei,
George Clymer, Charles Pinckne,
'1 lomas FAtzsmons, Pierce Butler
Jared Ingersoll, oEORGIA
James ilson, William Fex,
Govcneur Morris Abraham Baldwin
Attest, WILLIAM JACKSON,
bec etail


IN Cqr V'ENTION,
MONDAY, September 17th, 1787
Present the states of New-Hampshire, Massachusetts, Connecticut,
i'l Hamilton trom New-York, New-Jersey, Pennsyhania,fpDela-
nware, Maryland, Virginia, north Carolna, South Carolina, and
Georgia
1 RESOLVED, That the preceding constitution be laid
before, t'e Umntedatates in congress assembled, and that
it is ti e opinion of this convention, that it should altei-
wards I)h submitted to a convention of delegates chosen
in ach state by the people thereof, under the recoimmn-
d' ton of its lekilslatui for their assent and i etifi ation
and that eac h convention assenting 'o,-and ratif) ng the
sa.ne, should. gi xe notice theteof to the United States In
congi ess assembled
2 RESOIVED, That it is the opinion of this contention,
that as so i ,a, t o contentions of pi '" states shall ha'e
ratihed this constitution, the United States in congress as







LX1
lembled, should fix a dav on which electors should be
appointed by the states which sntll hiv e iatified the same
and a day on wh~Lh the electors shuid assemble to vote
fortthe president, and the time and place f.i commencing
proceedings under this constitution. That after such
publication, the electors should be appointed and the sen-
ators and representalt'Aes elected I'hat the electors
should meet on the sq&xed for the election of the presi-
drnt, and should transmit their votes, certified, signed,
sealed, and direoid, as the.ctQstlattion requires, to the
secretary of the.Etited States, in Congress assembled
that the senators and representatives sat convene at
the time and place assigned that the #aators should
appoint a president ofthe senate, for the sole purpose of
iecet ing, opening', lanl counting te'vo6tes for president ,
and, that after he shall be chosen, the con ress, together
with the president should, without delay, piocced to
execute this constitution.
By the unanimous order of the convention,
GEORGE W AsHIN'TON, President
WILLIAM JACKSON, Secretary. *

IN CONVENTION,
R September T1th, 1787.
SIR,
1. We have now the honor to submit to the considera-
tion of the United States in Congress asseimbleJ, that
constitution which has appeared to us the most ad isa-
ble. '
2. The friends ofourountry have long seen and* de-
sired, that the pawer gofaking war, peace, and treaties,
that of levying mo IR >mmerce, and the
corresprident ex u live and-8 dicial authorities should
be fully and effectually vested in the general government
of the union : but the pppropriety ordelegating suciex-
temive trust to d4e bqdy of men, io edudent; hence re-
sults the necessity of a diffe organization.
S It is obviously impact lhla the federal govern-
ment of these states, to secure all rights of independent
sovereignty to each, and yet provide for the mte'rest and
safety ofall. Individuals entering tko society, must give
up a share of liberty to ptserve the rest The magni-
tude of the sacrifice must depend as well on situation
and circumstance, as on the object to be obtained. It is
at all times difficult to draw with precision the line be-
tween those rights a which mast be sumnendered, and those
which may he reserved ; and on the present occasion, this
difficulty was increased by a difference among the several
states, as to their situation, extent, habits and pai ticular
interests
t In all our deliberations on this subject, we kept stea-







LX1I

dilv in our view, that which appears to us the greatest in-
terest of evei true American, the consolidation of our
union, in which is involved our prosper iti, felicitt, safety,
perhaps our national existence. This important con-i-
deration; seriously and deeply impressed on our mtuus,
led each state in the convent >n to be less rigid on points
of inferior magnitude, than iniebt have been otn-, wise
expected; and thus the constitugpn. which we now pre-
sent, is 'he result of a spirit of amity, and of that mutu J
deference and concession, wplich the,peculiarity or out
political situation rendered ind spensa7 t
5. That iUtl~4 meet the full and entire approbation of
every state, isaot perhaps to be expected; but eac 1 will
doubtless consider, that had her Interest been alo.nit (on-
sulted, the consequences might have heen paitic'ilt y
disagreeable or injurious to others, that it is liable to is
few exceptions as could reasonably have been exI i ,(d,
we hope and believe that it may promote the iest'n t
welfare ofthat country so dear to us all, and seLuie her
freedom and happiness, sour most ardent %lsh
With great respect, we have the nonor to oe, sii. youi
excellencN's most obedient and hum ,le servants
By unanimous order of the con mention
GEORGE \CASHING ION, President
His Excellency the President of (ongreas
[The conventions of a number of the staten having,.at the time ofthea
adoptingthe constit.jtion, expressed a lesic, in order to prevent
m.scinstrict on or abuse of ts powers, t'l.t further declaratory an'l
rest ctive clA ises should be ad led, cotigress, at the ses-ion begun
and lhld at the city of New-York, on Wednesday, the 4th of March,
1789, proposed to the legislatures of the several states t\elxe a-
mendments, ten oPlwhit roniy~.0 idp ted They are the ten
first follow% ing ]
AMENDMENTS T THE CONSTITUTION.
ARTICLES.
Congress shall nfake no law respecting an establish-
ment of religion, or prohixbtlng the free exercise their eof,
or abridgmin the freedom ot speech, or of the press or
the right of the people peaceably to assemble, and to pe-
tition the government for redress of grievances
,ARTICLE II
A well regulated militia being necessa y to the seLuri-
tv of a free state, the right of the people to keep and bear
at ms shall not be infringed
ARTICLE III
No soldier shall, in timeof peace, be quartered in any
house without the consent of the owner, nor in time of
war, but in a manner to be prescribed by law
ARTICLE IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches







LXIII

,nd seizures, shall not be violated and no warrant shall
issue, bui uj,,P probable cause, supported bv oath or af-
fi'nimtitn, incl particularly describing the place to be
earchtd, ant the persons or things to be seized.
ARTICLE V.
No person shall be held to answer for a capital or oth-
erwise infamous crime, wnps on a presentment or indict-
ment of a grana jury, except in cases arising in the land
o0 naval forces, or in the militia, when in actual servc e,
in time of war or public danger; nor shall any person be
sulbje t for the same offense to be twice put in jeopardy of
life or lunb nor shall be compelled, in anariminal case,
to be a i itnevs against himself, nor be derived of life,
hIbtrt3, r_2Lpperty without due process of law nor
shall pr3 i pr o'pr'ertYe taken Tor pupTic use without
just compensation.
ARTICLE VI.
In alfcrtminal prosecutions, the accused shall enjoy the
light to a speedy and public trial, by an impartial jury of
the state and district wherein the cilme shall have been
committed, which district shall have been previously as-
ceitained by law, and to be informed of the nature and
cause ut the accusation, to be confronted with the wit-
nesses againstt him ; to have compulsory process for ob-
taminin witnesses in his favor, and to have the assistance
of counsel for his defence
ARTICLE VII
In suits at common law, where the value in controver-
sy shall exceed twenty dollars, the right of trial by jury
shall le preserved and no fact tried in a jury shall be
otherwise re-exaained in any court of the United States,
than according to the rules of the common law.
r ARTICLE VIII.
Excessive ball shall not be required, nor excessive fines
imposed, nor ciul and unusual punishments inflict4 .
ARTICLE IX.
The enumeration in the caftttution, of certain rights,
shall not be construed to deny or disparage others retain-
ed by the people.
ARTICLE X.
The powers not delegated to the United States by the
constitution, not prohibited by it to the states, are rescr-
'ed to the states respectively-for to the people.
ARTICLE XI.
The judicial power of the Umted States shall not he con-
strued to extend to any suit ti'law or equity, commenced
or prosecuted against one of the United States bv citizens
of another state, or by citizens or subjects ol any foreign
state.
ARTICLE XII
1 The electors shall meet in then respective staics and







LXIV
votw by ballot, for president and vice president, one of
whom, at least, shall not be an annabitant ol the same
state with he ns& Ives they shall name 1,1i their ballots
the pe son voted for as pi~sideit, and in distinct ballots
the prison cited for as 'vice president, and they lshall
make tstinct liss of all persons voted for as president,
and of all persons voted for a& e president, and of the
nu n')er of votes for each, whcFls they shall sign and
certify, and transmit cealed to the seat of the government
of the United tay, dire4dle the ,prsirent of tle sen-
ate ; the prebidentof the senate sh U1i the presence of
the senate audlt use of representatives, open all the ce -
tificates, and votes shall then be counted : the person
havi, lwgtIrg&etstej mber of vftes, fgjia ent, shall
be the- I.= iI of' the
whole number of electors appointed; and if no person
have such majority, then Qfn the persons having the
highest numbers, not exceedinglthree, on the Ihstqf those
ioted foi as president, the house of representatives shall
choose Linmediately, by ballot, the president. Butin cnoo-
sinL the president, the votes shall be taken by states, the
rIpiesetitaton from each state having one vott, a quo-
runa Ior th:s-purpose shall consist of a member or mem-
beisfriom two tlyhTd of the states, and a majoiitl.of all
the states shall be necessary to a choice And if the
house of representatives shall not choose a president
whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the
vice president shall act as president, as in the case of the
death or other constitutional disability of the pi resident
2. The person having the gre tgst nupiber of votes as
Sice-president, shlIT be tihe Aieresident, if such nuim-
ber be a majority of the whole numberofelector ppoin-
ted and if no person have a majority, then front the two
hligrst numbers on the list, the senate shall choose the
vice-president: a quorum for the purpose shall consist of
two thirds of the whole number of senators, and a majori-
ty of the whole number shall be necessary to a choice
rNoTF, The 11th 3 But no person constitutionally ineligible to the office
article of the a- of president, shall be eligible to that of vice president of
amendments to the the United States.
contitution, was ARTICLE XIII.
proposed at the If an citizen of the Unittd States shall accept, claim,
second seonTg f receive, or retain any title of nobility or honor, or shall
the third congress
the 12th article, it without the consent of congress, accept and retain any
the first session of present, pension, office, or emolument of any kind whate-
the eighth con- ver, f om any emperor, king, prince, or foreign powei,
gress and the such pei son shall cease to be a citizen of the United States,
13th article, at the
secondsesson of an 1 s iall be incapable of holding any office of trust o,
the eleventh con- profit under them. or either of them
gres 1













SPANISH REGULATIONS

FOR THE


ALLOTMENT OF LANDS.

(No.A)

Instructions of Governor Gayoso, for the administration of Posts and
the distribution ofraonds.
Instructions to be observed by the commandants of the
Josts ir this province, for the admission of new settlers :
1 If the new settler comes from another post in the
province, where he has obtained a grant of land, no other
-rant shall be made to him ; and if he undertakes to fix
urmsell down, he must buy lands, or produce my special
,Iermissiln for the grant 4nd in order to determine
Whether he has before obtained land or not, the comman-
lant of the post fiom which he goes, shall express it in
'us passport.
2 If the new settler is a stranger, and is not a farmer,
ior married, nor has property in negioes, merchandise
or money, he shall have no right to solicit a grant of
lands, until he has remained four years, conducting him-
self well, in some honest and useful occupation.
3. Artisans shall be fully protected, but no land shall
be granted to them, until they have acquired property,
and have lived three years in the exercise of their art or
profession
4 To no unmarried emigrarlpvho has not a trade or
profession, shall lands be granted, till after the expiration
of four years; and then only on his shewing that he has
been without interruption, honestly employed in she cul-
tivation of the earth, without which necessary circum-
stance, he shall not be entitled to a grant.
5 11 anv person, as desciibedran the last ai tdle, alter
having lived in the country two years, shall obtain a ie-
commendation fiom a farmer of honesty, who shall be
willing, fiom his industry and application, to give him
his daughter in marriage, as soon as the ma i iage is ac-
complished in due form, he shall be entitled to recei e a
giant of land, agreeably to the terms contained in this in-
struction.







LXV1
G Theptivilege of enjoying liberty of conscience
is not to extend beyond the fiist gene action. 1 he chil-
dren of those who enjoy it, must positively be Catholics
Those who will not conform to this lule, ate not to be ad-
mitted ; but are to be sent back out of the province imme-
diately, even though they possess much property
7. In the Illinois, none sh.i4e admitted but Catholics
of the classes of farmers and artisans The) must also
possess some propertN, and must not lhae served in any
public character, in the count, from whence they came
The provisions of the preceding at tile, shall be explain-
ed to theeawgrants already established in the province.
who are not Latholics, and shall be observed by them,
the not havingdontlt until this time. beingan omission.
and contrary to the ordeis of his majesty, wuich required
it fiom the beginning.
8 The commandants will tlke particular caie, that no
Protestant preacher, or one of any sect othei than the Ca-
tholic, shall introduce himst lt' into the province I h
least neglect in this respect, will be a subject of great le-
prehension
9 To every new settler, answering the foregoing des-
cription, and married, there shall be gi anted two hundred
arpens of land fifty arpensashall be addedd for every child
he shall bring w ith him
10. To every emigrant possessing property, and unitmin
thecircumstances before mentioned, who shall arrive
with an intention to establish himself, there shall be gran-
ted two hundred arpens of land; and in addition, twenty
arpens for every negro that he shall ot ing, pl ovided hoi -
ever, that the grant shall never exceed eight hundred a -
pens to one proprietor. If he has such a number ot nt-
groes, as wourd entitle him at the above rate to a larger
grant, he will also possess the means of purchasing more
than that quantity of land, if he wants it and it is neces-
sary, by all possible means to prevent speculations in lands
11. No lands shall be granted to traders, as they live in
the towns they do not want them
12 Immediately on the arrival of a new settler, the
oath of fidelity shall be required of him If he is mat -
ried, he shall prove that the wife whom he brings with
him, is his lawful wife If he has goods or personal pro-
per ty, they shall both declare what part of them belongs
to the portion of the ~ lie, and a whether any patt belongs
to any person who is absent, gio ing them to under stand
that if the contract of what they assert is proved, the
lands i which are granted to them shall be taken back
with all the improvements they have made upon it
13 At the time when they take the oath. the above par -
ticulars are to be attended to, 'nd no lands are to be
granted for ant negroes n which are not proved to be law-







LXVI
fullyand wholly the property of the emigrant; nor for
the wife whom he beings with him, unless she is proved to
be his lawful wife. In default of making such proofs, he
is to be taken as coming within the description given in
the 2d article.
14 The new settler to whom lands have been granted,
shall lose them without recovery, if in the term of one
year, he shall not begin to establish himself upon them,
or it in thesthird year he shal) not hae put under labour
ten arpens in every hundred
15 He shall not possess the right to sell his lands, un-
til he shall have produced th ee crops, on the tenth part of
his lands which shall be well cultivated ; bu' in case of
death, he may leaye them to his lawIM hesr, if he has one,
resident in the country' If he has no heir in the country,
they shall in no egent go to aqi herr who is not of the
country, unless sdch heir shall reWt6e to come and re-
side in it, conformably to the established conditions.
16. De4s contracted out of the province, cannot be
paid with the produce of lands thus granted, if there are
debts due in the province, until after five harvests shall
have been gathered. If for hb:conduct, it shall become
necessary to eject the settler from the country, before he
shall have made the thre.crops necessary to give him the
dominion, of the soil, and the right-to dispose.af it, the
lands' Jhall then again become united to the domdfn of the
king; and in the same state shall be granted alternately to
the young man and young woman residing within one
league of the land which shall thus become vacant, who
by their good conduct shall best deserve such a gift.-
The question, who.is entitled to this preference, shall be
decided in an assembly of the most considerable people,
headed by the commandant; which decision they shall
make without any exptsee. "They shall only consult me
in the ease, making.kdown the circumstances for my a
probation, and shbllawithout delay put the deserving per-
son in possession.
17. The forms established by my predecessors, in
which to petition for lands, shall be followed under the
conditions expressed in this order, with the difference on-
ly, that when the quantity of land amounts to or exceeds
three hundred arpens, the fees to the secretary must be
paid.
18. It shall not be permitted to any new settler to form
an establishment at a distance from other settlers. The
grants of lands must be so made, as not to leave pieces of
vacant ground between one and another: since this would
offer a greater exposure to the attacks of the Indians, and
lenders more difficult the administration of justice, and







LXVIII

the regulation of the police, so necessary in all societies,
and more particularly in new settlements
(Signed) MANUEI GOoso DE LEMOS
J'ew-O7 leans, 9th Sept 1797



(NO. 1I)

General Regnlations and Instructons of Morales, for Conceding
Lands
Don John Bonaventure Morales, Principal Comptroller of the krniY
and finances of the provinces ofLouistana and West Flolndi, I it~t
dant (par interin) andsub-deleeite 0 the unormntendance. (renc-
ral of the same, Judge ot admil ty and of tie lands, &c ot the
King, &c,
The King, whom Gcd pescr-e, having been pleased to
declare and older by.-is delec given at Sta Lorenzo,
the 22d of Octobei of the last \eat, 1798 [hat the in-
tendancy of these provinces, to the exclusion of all other
authority, be put m possession of the privilege, to divid"
and grant all klul of land belonging to his cro wn, which
right alter his oldci of the 24th of August, 1770, belong-
ed to the civil and mthtaiy government, wishing to pel-
form this important charge, not only according to the 81st
article of the ordinance of the mtendants of New Spain,
of the regulations of the year 1751, cited in the said a ticle,
and the laws respecting it, but also with regaid to local
circumstances, and those which may with injury to
the interests of the king, contribute to the encotrrage-
ment, and to the greatest good of his subject already
established, or who may establish themselves in thil part
of his possessions
After having examined with the greatest attention the
regulation made by his excellency Count O'Riellv, the
18th February, 1770, as well as that circulated by his ex-
cellency the present governor, Don Manuel Gasoso de
Lemos, the first of Januaty, 1798, and with the counsel
which has been given me on this subject by Don Manuel
Serrano assessor of the ntendencv, and other persons of
skill in these matters: that all poisons who \ish to ob-
tain lands may know in what manner they ought to ask
foi them, and on what conditions lands can be granted or
sold, that those w ho ai e in possession without the neces-
sary titles, may know the steps tnev ourht to take to
come to an adjustment, tnat tc commandants as sub-
delegates of the intendancv, mav be informed of wnat
the, ought to observe. that the surveyor general of this
cit), and the pai ticular sui vevoi s who are under him, may
be instructed of the lornahitics x iti which they ought to
maKe sur ess of lands, ot lots, v iich shall be conceded.
sold or arranged for, that the sect etai y of the finance mai







LXIX.
know the fees he is entitled to, and the duties he has to
discharge, and that none may be ignorant of any of the
things which may tend to the greatest advantage of an
object so important in itself 4s the security of property
under the conditions to enlarge, change or revoke, that
which time and circumstances may discover to be most
useful anL proper, to the attainment of the end, to which
the benevolent intentions of his majesty are directed, I
have resolved that the followig regulation& shall be ob-
served.

P4j\ /ARTICLE, I

To each newly arrived family N chaque famalle nou-
velle) n ho ale possessed of the necessai y qualifications to
be admitted arong the number of cultivators of these
provinces, and fllo have obtali ihe permission of the go-
vernment to establish *emselves on a place 1hich they
have cjlsen, there shall be granted for once, ifit is on the
bank omhe Missippi, four, six, or eight arpens in front
on the liver, by the ordinary Llepth of forty arpns, and if
it is at any other-place, thejuantity which thel shall be
judged capable to cultivate, and which shall deemed
necessary for pasture for his beasts, in proportion ac-
cording to the number of which the family is composed;
understanding that the concession is neverIA exceed
eight hundred arpens in superficies.

ARTICLE, II.

To obtain the said concession, if they are asked for vi
this city, the permission which has been obtained to es-
tablish themselves in the place from the governor, ought
to accompany the pgtion, a d if in any of the posts, the
commandant at the same time wil state that the lands
asked for are vacyqt, and belong to the domain, and that
the petitioner has obtained, permission of the govern-
ment to establish himself: and referring to the date of the
letter or the advice they have received.

ARTICLe, III.

Those who-obtain concessions on the bank of the river
ought to make, in the first year of their possession levees
sufficient to prevent4he inundation of the waters, and ca-
nals sufficient to drain off the water when the river is high,
they shall be held in addition to make and keep in good
order a public highway, which ought to be at least thirty
feet wide, and have bridges of fifteen feet over the canals
or ditches which the road crosses, which regulations







LXX.

ought to be observed according to the usages of the res-
pective districts, by all persons to whom lands are grant-
ed, in whatever part they are obtained.
ARTICLE, IV
The new settlers who have obtained lands, shall be e
equally obliged to clear and put in cultivation, in the
precise time of three years, all the front of their conces-
sions, of the depth of at least two arpens, on the penalty
of having the lands granted, remitted to the domain, it
this condition is not complied with The commandants
and syndics, will watch that what is enjoined, in this and
the pieceding article be strictly observed, and occasional-
ly inform the intendant what they may have remarked,
well understanding that in case of default they will be re-
sponsible to his majesty
ARTICLE, V
If a tract of land belonging to minors remain without
being cleared, or as much of it as the regulations require,
and that the bank, the road, the ditches and the bridges
are not made, tie commandant or syndic of the district
will certify from whom the fault has arisen, if it is in the
guardian, he will urge him to put it in ordei, and if he
fails he shall give an account ot it, but if the fault arises
from the want of means of the minor to defray the ex-
pense, th'l commandant or syndic shall address a
statement of it to the intendencv, to the end that sale of
it mav be oideied for the benefit of the minor, to whom
alone this privilege is allowed, if in the space of six
months any purchaser presents, if not it shall be granted
gratis to any person asking it, or sold for the benefit of
the treasury.

ARTICLE, VI
During the said term of three years, no person shall
sell not dispose of the land which has been granted to
him, nor shall he ever after the term, if he has failed to
comply with the conditions contained in the preceding
article, aud to avor'c abuses and surprise in this respect,
we declare that all sades made without the consent of the
inctndancv in witung shall be null and of no effect,
w'ich consent shall not be granted until they have exa-
mined with a scrupulous attention if the conditions have
cr naie not been fulfilled
ARTICLE, VII
To avoid for the future the litigation and confusions
ofw'ntch we haie examples every da) We hale also
judged it very requisite that the notaries of this city and







LXXI.

the commandants of posts, shall not take any acknow-
ledgment of conveyance of land obtimne by. concession
unless the seller grantorr) presents and delivers to the
buyer, the title which he has obtained and in addition,
being carefulto insert in the deed the metes and bounds,
and other descriptions which result from the title, and
the proctrsV verbalbf the survey which ought to accom-
pany t.

ARTICLE, VIII.

In case that the small depth which the points, upon
which the-land on the river is generally formed, prevent
the granting of forty arpens according to usage, there
shall be giveIt greater quantity in fiont to compensate
it; or if no otgr. person Asks f concession, or to pui
chase it, it alTfl-be divided equally between the persons
nearest f it, that inay repair the banks, roads*tnd bridg-
es, in te-manner as before prescriGed.

ARTIC.E,'IX.

Although the King renounces the possession of the
lands sold, distributed or conceded in his name, those to
whom they are granted or sold ought to be aparisedthat
his majesty reserves the right of taking fi om te foi ests,
known here under the name of Cypress woodsfall the wrod
whictmaybe necessaryfo fisuse, and more especially
which he may want for the navy, in the same apanner,
and with the same liberty that the undertakers have en-
joyed to this time, but this notwithstanding, they are not
to suppose themselves authorized to take more than is
necessary, nor to make use o splitting those which are
ct down, and which lre found to be unsuitable.

,ARTICLE, X.

In the posts of Opelousas 9ld Atakapas the greatest
quantity of land thb can be conceded, shall be one league
front by the same quantity in depth, and when foity ar-
pens cannot be obtained in depth, a half a league may Le
granted, and for a general rule it is established, that to ob-
tain in said posts a halfa league in front, the petitionci
must be owner of ole hundred head of cattle, some Ioir sis
& sheep, and twoLgives, k also in proportion foi a lal gei
tract, without the power however of exceeding the quan-
tity before mentioned

ARTICLE, XI.

As much as it is possible and the local situation will







LXXII.

permit, no interval shall be left between concessions: be-
cause it is very advantageous that the establishments
touch, as much for the inhabitants who can lend each o
their mutual support, as for the more easy administration
of justice, and the observance of rules of police indispen-
sable in all places, but more especially in new estabhsh-
ments.

ARTICLE, XII.

If notwithstanding what is before written, marshy lands
or other causes shall make it necessary to leave some va-
cant lands, the commandants and syndics will take care
that the inhabitants of the district alone may take wood
enough for their use only, and well understanding that
they-shall not take more or ifany individual of any o-
ther post shall attempt to get wood, or cut fire wood,
without having obtained the permission of this intendan-
) besides the indemnity which he shall be held to pa%
the treasury the damage sustained, he shall be condemned
for the first time to the payment of a fine of twenty five
dollars, twice thai sum for the second olfence, and for the
third offence, shall be put in prison according as the of-
fence may be more or less aggravated : the said fines
shall be divided between the treasury, the judge and the
informed.>

ARTICLE, XIII

The new settler (comme le nouveau colon) to whom
land has been granted in one settlement; cannot obtain a-
nother concession without having previously proven that
he had possessed the first during three years, and fulfilled
all the conditions prescribed

ARTICLE, XIV.

The changes occasioned by the current of the river are
often the cause of one part of a concession becoming use-
less, so that we have examples of prorietois pretending
to abandon and re-unite to the domain, a pai t of the most
expensive for keeping up the banks, the roads, the ditch-
es, &c. and willing to resei 'e only that which is good, and
seeing that unless some icmedv isprovided for this abuse,
the greatest mischief must result to the neighbors 'We
occlaie that the treasury will not admit of an abandin-
ine't, ol re-union to the domain ot any pa t of the iand
tre owner wishes to get i d of, unless the abandon ,nIn
co'iprehends the woole limits included in the ccncccsion
c act, i virtue of which he owns the land he nishes to
abandon







LXXI.
ARTICLE XV.

All concessions shall be grven in the name of the King,
Dy the qLncral intendant of this province, who shaltorder
the surveyor general or one particularly named by him'to
make the survVyf and mark the land by fixing bounds, not
only in front but also in theeair; this (surve) oughtto
be done in the presence of the commandant or syndic of
the distract, and oftwo of the neighbors, and these four
shall sign the proces-verbal which shall be drawn up by
the surveyor.

ARTICLE XVI.

The said firoces-verbal with certified copy of the same
shall be sent ty the surveyor to the intendant, to the end
that on the original there be dehylred by the consent of
the king's attorney the necessary title paper; to this will
be annexed the certified copy forwarded by the surveyor.
The original shall be deposited in the office of the secre-
tary of the treasury, and care shall he taken to make an-
nually a book of all which have been sent, with aF alpha-
betical list, to be the more useful when it is neeobary to
have recourse to it, and for greater security to the end
that at all times and against all accidents the' documents
which shall be wanted can be found; the surveyor shall
also have another book numbered, in which, thWproces-
verbal ofthe survey he makes shall be recorded, and as
well on the original, which ought to be deposited on re-
cord, as on the copy intended to be annexed to the~iule,
he shall note the -folio of the book m which he- has en-
egistered the figurative plat of survey.

ARTICLE XVII.

In the officiafttho finances there shall also be a book
numberedwhereatldidttsof concessions shale' record-
ed, in which beside the ordinary clauses, mention shall be
madeof thefolio of the book< iav ich they aretranscrib-
ed : there must also be- a note taken in the contadoria or
chamber of accounts of the army and finances and that
undtr the penalty of being vod. The chamber of ac-
counts sball alsHhave a like book, and at the time of ta-
king the note shall cite the folio of the book where it is
recorded.

ARTICLE XVIII.

Experience proves that a great number of those who
have asked Spr land, think themselves the legal owners of
't, those who have obtained the first decree by which the
10







LXXIV
survey is ordered to measure it and put them in posses-
sion,,othe~ after the survey hasbeen made, have fieglect-
ed to ask the title for the property, and as like abuses
continuing for a long; time will augment the confusion
and disorder which will necessarily resui'4. We declare
that no one of those whoshaie obtained the said degrees,
notwithstanding in virtue of' them the survey has taken
place and that they have been put in possession, cannot
be regarded as owners of land until tieir real titles are
delivered completed with all the formalities before re-
cited.

ARTICLE XIX.

All those who possess lands in virtue of formal titles,
(tztreeformels) given 'by'their excellencies the governor
of this province since the epoch when it became under the
power of the Spanish, and those who poisessed them in
the time when it belonged to France, so far from being
interrupted, shall on the contrary be protected and main-
tained In their possessions.

ARTICLE XX.

Those who, without the title or possession mentioned in
the preceding article, are found occupying lands, shall
be driven therefrom as from property belonging to the
crown, but if they have occupied the same, nfore than
ten years, a compromise will be admitted to those who
are considered as owners, that is to say, they shall not be
deprived of their lands. Always that alter information
and summary procedure and with the intervention of the
,procurer of the king at the board of the treasury, theN
shall be obliged to pay a just andt moderate retribution,
calculated according to the extent of the lands, their sit-
uation and other circumstances, andithe price of estima-
tion for once paid, into the royal treasury The titles to
property will be delivered on referring to that which has
resulted from the proceedings.

ARTICLE XXI.

Those who are found in the situation expressed in ter
18th a ticle, if they have not cleared, nor done any world
upon the lnd tihe consider themselves proprietors (of
bx virtue ofthe first decree of the government, not being
of the number of those who have been admitted in the
class of new comers in being deprived or admitted to
compromise, in the manner explained in the preceding
article, if, cv are of that class, they shall observe what
is ordered in the article following







LXXV.
ARTICLE XXII.

In the precise and peremptprjq term of six months,
counting from the day when thN regulation shall be pub-
lished in each post, all those wi% occupy-lands without
tties from the gaoernor, a~-those who yn having obtain-
ed-a certaihgpumber of s&iaa, have seized a greater
quantity oauht to make it kapwn, either to have their ti-
tles mane out, lfthere is any, or to be admitted to a com-
promise, outo4declarethat the said lands belong to the do-
main, if they hirve not been occupied irore than ten years,
understanding if it passes the s.td term, if they are in-
structed by other ways, tthey will not obtain neither title
nor compromise

ARTICLE XXIII.

7 Th6se whoggive information of lands occupied after the
expiration of the term fixed in the preceding artitle- shall
have for their reward, the one fourth part of the price, for
which they are sold or obtained by way of compromise,
and if desirable, he shall have the priferetice either by
compromise at the price of appraisement, and there shall
be made a deduction of one fourth as in the former.

ARTICLE XXIV.

As itjs possible considering all the local crcumstan-
ces of t ese'provisces that- althe vacant lands, belonging
to the domain, should be sold at auction,as it is ordained
by the law 15th, tttl 12th, book 4th of the collection of the
laws of these kingdoms, the sale shall be made according as
it shall bp demanded, with the intervention of the king's
attorney for the boardbf finances, for the prcefthey shall
be t d oat e Oe who wish to purchase, andetanding
if r~btur eal he anot~ready money to6'pay, it shall
be lawful for the tf purchasethe said lands at,- edeem.
able quit-krnt,during which they shall pay the, five per
cent earlyy"

ARTICLE XXV.

Beside the moderate price which (the) land ought to
be taxed the purchasers shall be held to pay down the
right of media annata4 or half years, to be remitted to
Spain, which accotwdfng to the custom of Havanna foun-
ded on law, is reduced to two and a half per cent. on the'
price of estimation and made eighteen 'per cent. on the
sum, by the said two and an half per cent. ; they shall al-
so be obligeoto pay down the fees of the surveyor Ad no-
tdry.







LXXVI.
ARTICLE XXVI

The sales ofland aw be niade subject to the same
condition andjargasrfbaiksa oada, ditches and bridg-
"es, contained&ih i e prr' e4i atsiclerc-ut ?the pdrcha-
'airs are not sa4uljt to .l r Jads, t4 tile three
first years they do netfulfu sai to ions. Obin-
mandkipts and syndic's sha' obli getep to put them-
selves within the rule, beqgino dpSPf th cortdftions in
a reaso~iable term, and if they do ib~l*o i tle said Work
shall be done at the costs of the purchasers.

ARTICI' XXVfI.

Care shall be taken to observe in the said sales that
which is recommeadedl in the 11th artr le, seeing the ad-
vantages and utility which results from cipsolidatang the
estabhshments alyays- when it is practicable.

ARTICLE XXVIII.

The titles to the properly of, land which are sold or
granted by way of compromise, shall be issued by the-ge-
neral intendant, who after the price f estimation -is fix-
ed, and of the medra tznata (half years,) or rent or quit
rent, the said pmce of estimation shill have been paid- in-
to the-treasury, shall put it in writing, according to the
result of the proceeding which has ta]en place 4rith -the
intervention of the Kings attorney.

ARTICLE XXIX.

The said procedure shall be dStosited in the office of
the finance, and the title be transcribed'l., another 'book
intended for the recording of deeds and granti oflai l-in
the sameemanner-as is ordered by ie *47th article con-
cerning gratuitous concessions. The principal chamber
of accounts shall also h~ive a separate book, to take a note
of the titles issued for sales and grants under compro-
mise.

ARTICLE XXX.

The fees of the surveyor in every case comprehended
in the present regulation, shall be&'proportionate to the
labour, and that which has been customary till this time
to pay.-Those of the secretary of finances, unless therm
has been extraordinary labour, and where the new settlers
are not poor, (for in this case he is not to exact any thing
of tem) shall be five dollars, and this shall include the
-ecordng and other tormaities prescribed, and those o'







LXXV1I.

te appraisors and of the interpreters, if on anv occasion
.nere is reason to employ him to translate I"ap, is takt.le-
clarations or otheracts,shall be regulated by the ordi-
uance (tartf) of the province.

ARTICLE XXXI.

Indians who possess lands within the limits of the gov-
ernment shall not in any manner be disturbed, on the con-
trary they shall be protected and supported, and to this
the commandants, svndic's and surveyors ought to pay
the greatest attention, to conduct themselves in conse-
quence.

ARTICLE XXXII.

The granting, nor sale of any lands shall not be pro-
ceeded in without formal information having been previ-
ously received, that they are vacant, and to avoid IIlrurl-
ous mistakes, we premise that beside the signature ot the
commandant or syndic of the dibtrlct, this information
ought to bejoined bythat ofthe surveyor, and of two of
the neighbors well understanding. If, notwithstanding
this necessary precaution, it shall he found that the lands
have another owner beside the claimant, and that there is
sufficient reason to restore to him ; the commandant or
syndic, surveyor and the neighbors, who have ignr d t re
information, shall indemnify him for the losses he has
suffered.

ARTICLE XXXIII.

As far as it shall be practicable, the inhabitants shall
endeavorthat the petitions presented by,them, to ask for
laads, bwitten i the Spanish language, on which tney
ought also to pwritB the advice or information which the
commandants have given. In the posts where this is not
practicable, the ancient usage shall be followed.

ARTICLE XXXIV.

All the lots or seats belonging to the domain, which
are found vacant either in this city, or boroughs, or villa-
ges already established, or which may be established,
shallbe sold for reSdy money, with the formalities pie-
scribed in the article 24th, and others which concern the
sale of lands.

ARTICLE XXXV.

The owners of lots or places. which have been divided







LXXVIII
(repfartis) as well those in front, as towards the N L
and S. W extremities, N. E. and S W. shall in three
moathyrpresent to the intendancy, the titles which they
have obtained, to the end, that'itexamining the same, if
any essential thing is wanting, they may 'be assured of
their property in a legal way.

ARTICLE XXXVI.

The same thing shall be done before the aub-delegates
of Mobile and Pensacola, for those"'who have obtained
grants for lots in these respective establishments, to the
end that this intendancy, being instructed thereon, may
order what it shall judge most convenient to indemnify
the royal treasury, without doing wrong to the owner.

ARTICLE XXXVII.

In the (contadoreria) office of the comptroller, conta-
dorla of the army, or chambers of accounts of this pro-
vince, and other boards under the jurisdiction of this in-
tendancy, an accompt shall be kept of the amount of sales
or grants of lands, to instruct his majesty every year
what this branch of the royal revenue produces, accord-
ing as it is ordered in the 13th article of-the ordinance of
the King of the 15th October, 1754.

ARTICLE XXXVIII.

The commandants or syndics in their respective dis-
tricts, are charged with the collection of the amount of
the taxes or rent laid on lands for this purpose : the pa-
pers and necessary documents are to be sent to them, and
they ought to forward annually to the general treasury
the sums they have collected, to the end that acquittan-
ces clothed with the usual formalities amay be delivered
them
And that the present regulation may come to the know-
ledge of every body, and that the thirty eight articles of
which it i% composed may have their full and entire effect,
until it pleases his majesty to order otherwise ; it shall
be translated into French by M Pierre Derbigny, the
kings interpreted, shall he printed in the two languages,
forwarded to all places and posts within the jurisdiction
of this intendancy : that the commandants as sub-dele-
gates thereof, shall make it known to the inhabitants in
the usual firm, and that it be published in this city -
There shall also be sent a cop; to M the governor, and
to the most illustrious cabildo, to the end, that they please
to lend their aid in the execution of that which has been
before ordered, couiormable to the laws and ordinance'







LXXIX.
which have been made on this subject, and in the persuta
sion that this can be done without injury to the kings
interest, and fitdthtPore to the encouragetrent, C wel-
fare, and p1rsperihy bf his hubjectsnt this colony.
(Signe) JUAn VyWUAI MO.L ZS.
Nxw.Qn.faAS JULYT f, 1799.


(No. III.)
kteftia of the Intendant to sell Lands &c.

Iaave to reply to your communication No. 9, that L
cannot at this time consent to the sale of'lanids, in the
manner and under the circumstances requested; and I
have.to wake.the sami reply tt thatof the 6th February
last, No. 8,oinw1iich you ask for 100,000 arpens,,God
preserve you, &r.
Aewv-VHeans, Sd .dfrsl, 1800.
(Signed) RAMOk DE LOPEZ Y ANOULA.
To Don Henry Peyroux, -
Commandant at New-Madrid.


(No. IV.)

A fiwnr refusal, because the proposals appear speculations hurtful to
poor people, &c
It was never the intention of the king to dispose of the
lands in such large quantities, and under such circum-
stances, as are stated in your letter of the 9th of February
last, No. 9, and the petition of the inhabitants accompa-
nying it.
It is true that in thenew regulation, there are provisions
made for the salelf lands; in the manner referred to ; but
it is only under the previous formalities there specified,
and with a reference to the ability and forces of the per-
sons desirous of purchasing, because it would not be just,
that for small consideration, one or more speculators
should make themselves masters of a great extent of
lands, to the prejudice of others coming to settlr, and
who consequently find themselves driven to purchase
those lands which they might otherwise haie obtained
free of expense.
For these reasons, I cannot at present accede to the
before mentioned proposal, which you will make known
to the parties concerned. God preserve you, &c.
NVew-Orleana, 3d .Afral, 1800.
(Signed) RAuon DE LOPBZ Y ANOvti
To Don Henry Peyroux.







LXXX.
(No. V )

Communeation of the decease of the Assessor of theintendanqy, and
no receiving petitions for public land tallanother is appointed.

On accountof tle death of the assessor of this inteii-
dancv, and there not being in the province a learned man.
who can supply his place, I have closed the tribunal of af-
fairs and causes relating to grants and compositions of
royal lands, as the 81st article of the royal ordinance,'for
the intendants of New Spain, provides, that for conducting
that tribunal. and substantiating its acts, the concurrence
of that officer shall be necessary.
I make this communication to apprise you of this,pro-
vidence, and that you may not receive or transmit me-
moi als for the grant of lands, until further orders. God
pre'srve vou, &c.
NA'T-Orleans, lst*December 1802.
(,' ,ned) JuAN VENTURE& MORALES
To Don Henry Peyroux.










OF THE


LEGISLATIVE COUNCIL.



AN ACT
ro regulate the Counties, and establish Inferior Courts in the Terrto-
ry of Florida
1 Be it enacted by the Governor and Legislative Coun-
cdlf'thr Territory of Florida, That tie aforesaid Teirt-
toiv shall be divided into tour counties, two Inl-dat
pat known as West Florida, and two in that prr-
known as East Floi ida, s follows, to wit, in West Florida
all that pait of the Territory west of the Choctohacha ii-
ver. shall constitute the County of Escambia-all that part
of the I ei rtol Lastof the said riverto the Susanev river
shall constitute another ( county, to be called Jackson-and
that palt of East Ilon da, 1ing noitl. of the i vcr St. Johns,
and no th of a line, (oinmencinR t a place called the Cow-
ford, on sain i er. nd trniinating at the moutti of tae Su-
wancy ii ri, slhli Ltonstitute a County by the name of Du-
val, and all the enmalning position of Last I'lorda, shall be
constituted a Counti by the name of St Johns.
2 Be it further enacted, That, there shall be establish-
ed two Inftior Cou ts, to he called the Cicuit Court,
and le conmp osed of one Judgie each, who shall be appoin-
ted by the Governor, and hold his office during good be-
hai or, subject however, to be removed by the Governor
and Legislative Council, or a majority thereof, and who
before he entei s uion the duties heiealter assigned him,
shall t.ke an oath to support the Constitution of the Lni-
tedl States, and faithfully to execute the duties of his office,
without partiality, tavour or .ffcrtion
3 Fe it further enacted, That, the Inferior Courts so
established, shall exercise exe usiie um isdi tion, over all
sums above t1entv, and under one hundred dollars, and
appellate jurisdiction orer, suns under twentV dollars,
andc concurrent jurisdiction in all civi cases arising, un-
dei Met`'a s of this l e iitory over one hundred dollar s,
with the Superioi Court. both i, law and equit----sa ing
to ,1l persons tl'e n it tot arI pal, oa writ of error, from
the Interior to the Superior Court.


The Terrtorv div-
ded into four coun-
ties

Boundaries of Es-
cambia & Jackson
counties.

Duval& St.John's.





Establishing the
Circuit Court

1 he Judges by
whom appointed
How removable.
Sha take an oatih


Jurisdiction of the
Courts.



Savin the right ot
appeal









E1tner party may
file us bill ofex-
ceptions.





Partyneglecting to
take an appeal,
may obtan a super-
sediss.








Superior Court
may award certio-
ran,mandamus, &c.

Clerk appointed
by the Govern r


Clerks duties
To take an oath .c





Circuit Courts, of-
fices of original
record

Power 15 fine and
imprison for con-
tempts

For the appoint-
ment of henff
To take an oath &
Give bond & secu
-rty


4. Be t further enacted, That if either party may de-
sire to appeal from the judgment of the Inferior Court
he may file his bill of exceptions to thit opinion of said
Court, praying that it may be signed, sealed and made a
part of the record, and it shall be the duty of the Inferior
Judge to inspect the said bill, and if it contain the evidence
or point decided correctly and precisely, he shall sign,
seal and certify the same to the Superior Court
5. Be itfurther enacted, That, should the party neglect
to take an appeal, he may at any time thereafter, before
the final execution of the judgment, procure a copy of the
record, and if there be any error in the proceedings, he
may assign said error, and present it to the superior court
and should the Judge of said court be of opinion that in-
justice had*been done, or that there was error in the pro-
ceeding, he may award a supersedias, to stop the opel a-
tion of the judgment, until the'matters thereof could bh
heard in the said Superior Court, the supersedias shall
be issued by the clerk of said Court, and be obeyed bx
the clerk and sheriff of the Inferior Courts respectively
6. Be t further enacetd, That, the Superior Court shall
have power to award a certiorari, mandamus, or prohbh:-
tion which shall be obeyed by the Inferior Courts respec-
tively.
7. Be t further enacted, That, thet shall be appointed
by the Governor in each County a well qualified clerk,
whose duty it shall be to record all decrees, orders,
judgments, and other papers required by law and to
preserve all papers appe tainng to suits in said Courts,
and to docket all causes as required by law, and who
shall take an oath faithfully to perform the duties which
have and may hereafter be assigned him, and execute
bonds in the SeLretary's office of the Territory, or such o-
ther place as the Governor shall direct, in the penalty oi
five thousand dollars with approved security, conditioned
for the performance of the duties of their said offices.
8. Be tt further enacted, That, the Inferior Courts
shall be offices of original records, for deeds, mortgages,
and other instruments, required by law to be recorded
within their respective Counties.
9. Be itfurther enacted, That, the Inferior Courts shall
have power to fine and imprison for contempts of their
authority, provided the fines do not exceed twenty dollars,
or the imprisonment six da) s
10. Be tt further enacted, That, there shall be appoint
ed a sherifffor each County, who shall perform all the do-
ties required by law, and before entering upon tthe tutiet
of his office, shall take an oath faithfully to execute the du-
ties required tFthith, withlifrrespect of persons, and exe-
cute bond m the office of the Secretary of the Territory.









n the penalty of five thousand dollars, with approved se-
curity, conditioned lor the performance vi nib said office,
or at sucn other place as the Governor shall appoint,
i Ilch shall not be void upon the payment of the penalty,
but remain in lull force, and the Sheriff and his securities
iiail be liable to the suit of any person upon failure or ne-
glect of his said duties.

11 Be ztfurther enacted, That, all causes now depend-
ing and undetermined in any of the Courts in this Territo-
Sv, shall be transfer red at the election of the plaintiff or
complainant, to either the Inferior or Sperir Court-
and it shall be the duty of the clerk of any ot the existing
Courts to deliver over all papers relating to said causes,
to the clerks of the aforesaid courts, by the direction of the
plaintiff or complainant, his or her agent or attorney and
take their receipt therefor-

12. Be it further enacted, That, it shall be the duty of
the Judge appointed in West Florida, to hold four terms
in each year, in Pensacola, and two terms at the Big
Spring, on the Chipola, and the Judge in East Florida, to
hold four terms in St. Augustine-and at Jacksonville near
the Cowford on St. John's river, two terms-to commence
at Pensacola on thefirst Mondays of September, Decem-
ber, March and June, and at the Big Spring, on the Chipo-
la, in Jackson County, on the third Mondays of October
and April-and at St Augustine on the first Mondays in
December, February, May and August-and at Jackson-
ville near the Cowford, on the first Mondays in March
and November
13. Be it further enacted, That, the said Inferior Courts
shall have criminal jurisdiction, over all offences, against
the Territory, in the Counties of Jackson and Duval-and
that whenever any question of law shall be involved, of dif-
ficulty, it shall be certified and adjourned over to the Judge
of the Superior Court, after verdict and the sentence of the
Inferior Judge, respited until the opinion of the next bupe-
nor Court shall be given, and the prisoner detained in cus-
tody, until it shall be made known to that Court.

14 Be it further enacted, That there shall be appointed
two solicitors, one for each of the circuits aforesaid, who
shall act as attorney for the Counties and Circuit Courts,
and shall receive each three hundred dollars as a compen-
sation annually, and five dollars for every judgment upon
an indictment for crimes, and misdemeanors and motions,
to be collected out of the judgment against the defendant,
and should it not be recovered of the defendant, to be paid
by the Territory.


Bond not void on
payment of the
penalty


Causes pending to
be transferred.


Clerks of all exist.
ing Courts, to de-
liver overall pa-
pers.


Four terms at Pen-
sacola & two terms
atthe Big Spnng.

Four terms in St.
Augustine & two
atJacksonville







Jackson & Duval-
have crminialjun.
diction.

Doubtful law ques-
tions to be certifi.
ed.
Sentence respited


Two Soicitors to
be appointed.
8300, salary and
fi e doUa ftea.









M-.h


15. Be it further enacted, That the Judges aforesaid,
shall receive for their salary, twelve hundred dollars, to oe
paid quarterly, out of the Treasu y of the Territory upon
a warrant from the Governor.
J. C. BRONAUGH,
President of the Legislative Council.
([.pprovedl2th s iAgut 1822 ]
W P. DUVA.L,
TkST, Sovernor of the Terrtory of Flonda
JOHN COPPINGER OONNOR,
Clerk ofthe Legslative Councd.


AN ACT
Regulating Descents


Real Estate, of in- Be it enacted by th (oiternor and Legialatsie Coun.
estates to descend cal, of the Territory 6Y Florzda, Thadt, whenever any per-
in arcenary. son having title to real estate of inheritance, shall depart
this life, intestate,Asuch estate shall descend in parcenary
to the male and female kindred, Mi the-following course,
that is to say:
To his children. 1. rTo)ri children or their descendants, if any there be.
To heather. 2. If there be no children nor their descendants, then to
the father.
To his mother 3. If there be no father,, then to his other, brothers and
sisters, and their descendant
Divided into two 4. If there be none of the last mentioned kindred, the
moieties. inheritanLe stall be divided into two nmoetie Aone of
which shall go to the paternal and the other to the mater-
nal kindred, in the following course, viz:
Tothegrandfather 5 First to the grand lather.
To the Grand mo- 6. If.there be no grand ftner, then to the grand mo-
ther. other, uncles and aunts on the same side, and their descen-
dants or such of them as tnere be.
To the Great- 7 If tnere be no grand mother, uncle nor aunt, nor their
grand-father. Descendant ,then to the great grand fathers,or great grand
father if there he but one.
8. If there be no great grand father, then to the great
Tothe Great- grand mothers, or gri at grand mother, if there he hut
grand-mother. one, and the brothel s and sisters of the grand fathers and
grand mothers, a id the-ii i b ,-ndants, if any there be.
To the nearest h- 9 And

neal ancestors. nterest hneia male ancestors, and for the want of'them to
the Iaeal female ancestors, in the same degree, and the
descendants of such male and female lineal ancestors.
No inheritance &c. 10. But no ii, ht of itn ert since shall accrue to any per-
son not in exist nee, except the intestate's children
Wtn b.t oei kin- 1. In t'le case in which t'v estate is directed to be di-
r i, tie shallin- vide I into two moieties, if there be but one kindred then
U k iwied, to t1' s ,i" i'ii ro nd v'.e ersa, if there be no kiinded,
the wile &c k the wnole hall go to the wife or husband of the intestate.









12. And in the cases he.: i mentioned, where the in- (dliteral l
lienl i tl)Le iiL. t, i to p ta's, I1 tje r '.' eln ol e 1A b ', to ii
k1 ttd, ii pat of the (Cullaterals be of the halt blood and a
paiol the iwole, those o' the half blood shall inherit half
I 3 Aind s hen t .e children of the intestate, or his mo- Chddren.
their, brothers and s stel s, or his gii and mother, uncles and to take per
autits, o) anv of his female lineal an( estors ivint, with
t:a children of his deceased ineal ancestors male and fe-
im de in the same de' iCes. came into t!,e partition, t' cy
shtla take per capital, that is to s~q b- pe cons, and n~heie a
p ot of them leing- dead, and a pal t liv t e ssue of
those dead have a right t, partition, iuch issue shall tal e, totak.e pt.
pi stirpes o! by stock ks; that is to sa~, tht s9haie ot their
dt cearsd padicts
14 And where nv of the children of the intestate have Hotchpot
ieteeied aiv proriei t 1 \way of daiic eerrnt and lshll
ch ,se to Come into pat t' on 'oI tl' the other pai( ne s, such
ad~ ancement slall be biou ,ht into hottchpot with the es-


vllf
iherit


c apta
'Capita


ose death
rsti ipes


tate ascendedd
15 In making title ht descent it shall be no bar to a de- Descent through
mandant that anv ancestor I; Iouh i I, om I e climtned, aiahen nobar.
is 1t hath been an alien, btstaids Isu s: all he c.a able of
inheritin and transmittin- i eit itnces on the p i t tf t',ei Eastardscapable
mother in like manner as if they lihd been inawullb begot- ot inheriting,
ten
16. Where a man having by a woman, one or moi e has- Marrit Ic ii-
taii chilaiien shall after aids intetmarry u th su h %to- mates bahlamas
man, such child oi Llildien it Iec cLrltiset' '\ hI1n', s, all be
thereby legitimate. J C IRONAUGH
President ofthe I e. slatr e ( o(.cil
^4.,ipro .dr l 12th .dl,,,,,st. 1l22]
TEST, Covernor of the erritory o 1 lorida
JOhN COPPINRFR CONNOR,
Clerk of the Legislative Council

AN ACT
Authorising the assignncnt of Bonds and Notes.
1. Be it enacted by the Govri nor and Legf.latrve Coun. nidnd% bills &L
cl of/the Territory of Florda, That, all botds, hills. .nd niade assgiable
piom sorynotes, whether for money or pioperts, shall be
assignable: and it shall and tny e laulul Ior the as- Assignee ma sue
sianee of any such bond, iill oi note to sue for the same,
in the same maia.er the ot ininal obhl..ee oi pavee lmini t ot Obhgor l oIed
could do; provided always t'lht the defendant shall he al- all d*lcounts
lo,: td all discounts under the ru is and iet~ nations pry sc ri-
bed by law, he can prove at the trial either against the
pla ntiffor the original ohliiee or payee before notice of
the ,Assignment, and piovidt d alwa s, that nothing in tlis Notto ilteP the de
act shall be so consti ued .s to alter the dehf nI in IUv. ,r 'u "cc o t'e obh-
equity, tiat the dch f'Indnt or dt h ndants may have against gor
the assigned or original assignor.









fof assign-
not required
s denied on



unnecessary to set
(rthi tle consider-
pon












tAoreign bills pro.
ested entitle the
3arty to 20 per
uent in damages.







Bills within the U
S but out oftne
I erritora, ten per
-ent, mndamages.





Only three days
grace upon any
bills &c. &c


2. Be t further enacted, That, when any person is sued
on a bond or other writing, by an assignee thereof, it shall
tot be lawful for the defendant to require of the plaintiff,
proof of the assignment until the defendant shall deny the
same on oath, by plea, alleging that he verily believes the
assignment to be forged.
3. Be t further enacted, That, it shall not be necessary
in an action upon an assignment of any instrument of wri-
ting, assignable by law, to set forth in the declaration the
consideration upon which such assignment has been
made.
J C BRONAUGH,
President df the Legislative Council
[.Approved 12th Auuust 1822]
WM P DUVAL,
TEST, Governor ofthe rerntoryof Flonda.
JOHN COPPINGER CONNGR
Clerk of the Legislative Council.

AN ACT
Regulating damages on Billi of Exchange.
1 Be it enacted by the Governor and Legselative Coun-
cil of the Territory of Florida, That, when any person
within this Territory shall draw or endorse any bill or
bills of exchange, upon any person or persons residing
out of the United States, or the Territories thereof, and
the same be returned back protested, and unpaid, the
drawer thereof and all others concerned shall pay and dis-
charge the contents of the bill, or bills, together with
twenty per cent advance for the damages thereof, in mo-
ney equivalent to that paid to the drawer or endorser
2 Be at further enacted, That, if any person shall draw
abillofexchange upon any person residing out of the
Territory, and within the United States, and the same
shall be returned unpaid, with legal protest, the drawer
thereof and all others concerned in drawing and endorsing
the same shall pay and discharge the contents of said
bill, and ten per cent for the damages thereof with costs of
protest
3 Be it further enacted, That upon all bills of exchange
made negotiable by law or by the usages and customs of
merchants, as recognized by the lex mercatoria, there
shall only be allowed three days of grace, any custom to
the contrary notwithstanding
J C BRONAUGH,
President of the Legislative Council
approveded 12th /Ivrist 1822 1
WM P I)ITAL,
TEST, Governor of the Territory of Florid:,
JOHN COPPINGER CONNOlR
Clerk of the Legislati e CjuncJ









AN ACT
Providing for the election of a Delegate to Congress.

I. Be it enacted by the Governor and Legalative Coun-
dI of the Territory of Florida, That, on the last Monday
of September next, there shall be holden by the citizens
of thisTerritory an election for delegate to the Congress of
the United States, and a like election shall be holden on
the first Monday of June, 1824, and on the same day in ev-
cry second year thereafter
2 And be it further enacted, That, the Governor be,
and he is hereby empowered to appoint such places inrthe
Territory for holding said election as he may judge best
suited to the circumstances and convenience of the citi-
zens, and he is hereby quthol zed and empowered to ap-
point two persons to act as jlges of election, at each
ot the places by him appointed; and receive the totes
which may be given at such places.
3. Be it further enacted, That previous to any votes be-
ing received, the judges shall appoint a clerk, and the
said judges and ckerk shall severally take an oath or affir-
mation, in the faoowingi form: I, A. B. do solemnly swear
or affirm (as the case way be) that I will perform the du-
ties of judge of the election or clerk (as the case may be)
according to law and to the best of my abilities, and that
I will studiously endeavour to prevent fraud, deceit, and
abuse in conducting the same, which oath or affirmation
shall be administered by a judge or justice of the peace,
present at the opening of the election, but if no such judge
or justice of the peace should be present, the judges of
election are hereby authorized and empowered to admin-
ister the oath or affirmation to each other, and to the
clerks.
4. A.d be tfrrther enacted, That, the clerks of election
shall furnish themselves with two poll books as near as
circumstances will admit, in the following form, to it,
"A poll book of an election for delegate held at in
the county on the day of in the year
of our lord one thousand eight hundred and


XAMES 0o PERSONS NAMES
NIAJl O0 VOTERS CANDIDATES. WHOSE VOTES ARE
REJECTFD


First election, las
monaa3 in teptr


Future elections,
trst 1Mondav, Ju

Governor to nan'
place for taking
Sotes.

To appoint Judge
of election



Judges of election
to appoint a Clerl

Judges and Clerk
to take an oath.




IIo administered






Two poll books.


and at the bottom of the poll book the judges and clerks Certifiete.
shall annex the following certificate, to wit, at an election
held for the choice of delegate to Congress at in the
county of on the day of in the year of
our lord one thousand eight hundred and the folluw-























Voting viva voce
Po'l open for
three days.


One poll book gnv-
en to the Sherft,
Slihe other toi the
inspection ofthe
Citizens

Sheriff to transmit
poll book.


Governor to de--
cl.Ie tie pcron
ei-AcO by procla-
mn tion






Grant certificate.


No election had,
or death, 'r resig
nat on of Delegate,
clail new election.


ing named persons, had the number of votes annexed to
their respective nmnies for delegate to Congress, .iz:
Certihed by us
A B
A Judges.of the election.
C. D.
ATTESTED.
E. F. Clei k ot election.
and the person adninustermi the oath or affirmation to the
judges and c'el ks ot the elections.alall make out a ei tifi-
cate of the same, which shall be attached to and form
part of the poll cook
's. And be at further enacted, ~lAtv the votes shall be
given viva voce, at t e time and ples of holding the
election and the poll shall be opencdtaihe hour of eight
in the morning, and closed att~e hourwof six in the after-
noon of the same day,hid the'polt shall euntinue open
foi three successive days.
6 And be it further enacted, That, within four days af-
ter closing the polls. the judges l- electron shall enclose
and seal one ot the poll books, anddeliver the same to the
shet ll of the county in which toe elraeion was neld, and
the othei pod nook shall remain m the possession of one
of the judges ol ele lion foi the fi ee msspection of any cit-
izen wno may desire to set the same, and tht said she, iff
shah transmit tne poll auok wituln tendavs atter-receiv-
in4 the same, to :he Goiernoi of the territory, in such
manner as tle Governoi may direct
7. And be it furtherenacted, Fhat, it shall be the duty
of the Govei no, or pet son exercising the government foi
t;e time beimg, within t,;o months aterthe time appoin-
ted for holding tne election, to cast up ann arrange tce
votes from the several count es, oi sucn of then as may
have been returned lor each person voted for, as delegate
to Coungiess. and s'hll immediately thereafter issue his
proclamation, derlarinr the person having the highest
nu tlibei of votes. t he duly elected as delegate to repie-
sent this territory, in the house of representatives of the
Lltted States, andi to giant a certihbate tnereof under the
seal of the I ertuorv to the prison so elected
8. And be it further enacted, rhat, wnene*er two or
more pei ,ons have an qutiLl nuriIei of otes for delegate
to Congress, and Wi'entte i ad aan( cy shall oLcur, by tne
deati, designation, oi expulsion of the delegate elected,
it s all be the .utv of the (oveinot to issue ils proclaina-
tion to the several ju gcs ot i tCaion tnrnouhout the i'e -
rlt jr, to c.Luse anlot-ni t lectio i te It r i ui iormablh to
tl e P o isIo o! tus act, and on such a day as the Gov-
ernor snail appoint









9. And be t further enacted, That if any candidate choo- Candidat
ses to contest the rigut of any person pi uLdimed Uulv e- L, ehkct
elected, to hold his seat in the house of representatives, gno
such person shall give notice thereof, in writing to the
person whose election he intends to contest, by leaving a
written notice thereof at the house where such person last
resided, within thirty days after the date of the Governor's within t
proclamation, notifying the result of the election, in which
notice, shall be expressed the points on which -tre same
will be contested, and the name of the Justices of the peace
who will attend at the taking of the depositions, and when
and where they will attend to take the same-provided,
that the time fixed upon for taking such depositions, shall
not exceed ninety days, form the doy of election-and the Proviso.
said Justices shall have power, and'they are hereby autho- Justes
rized to issue subpoenas to all persons whose testimony' subpmcna
may he required by either of the parties, commanding such,
persons to appear and give testimony at the time and place
therein mentioned, under the penalty of fifty dollars, to be
let ed on each and every delinquent who hath been duly
served with process, and the said justices shall hear and
certify under seal all testimony relative to such contested Certifica
election, to the speaker of the House of Representatives Speaker
of the United States-provided nevertheless, that no tes- U S.
timony shall be received A hirh does not relate to the
points in the notice, a copy of which notice, attested by
the person who delivered or served the same, shall be de-
Il'ered to the said justices.
10. And be itfu other enacted, That, all the free white Qualifica
male inhabitants of the ceded eir ritories of Florida, above voters.
the age of twenty one, who were here at the cession of the
country to the United States, on the 17th July, 1821, and
all white male citizens of the United States, who may be
residents here at the passage of this-and who have at iiv-
ed at the age of 21 years, shall have the right to vote for a
delegate to represent the Territory in the Congress ol the
United States.
11. Andl istfurther enacted, That, when objections are Objectios
made to a p-rson, offering to vote, and in all other cases to a sote
where the qualifications of the person offer 'to vote is seartehir
a fact unknown to either of the judges, they shall have quahfical
power to examine such person, on oath or affirmation,
touching his qualifications as a voter, agreeably to the
qualifications in the preceding.Aection, which oath or af-
firmation, either ofthe judges of election s hereby autho-
rized to administer, and such person may be further re-
quired to declare on oath or affirmation that he has not al-
ready voted at aif other place of election, or has not been
refused for want of due quahfications as a voter


te contest-
.on, t0
ce .n wnt-




lurty days







to issue
i.





etothe
ofH ofR.


lionsof


is made
r--autho.
judges to
n as to his
ions,








Runihmenttooffit 12. And be it further enacted. That, if any judge of the
per of the elic- election or clerk, or any other officer concerned wincon-
n for neglect of ducting the election, shall neglect, improperly delay, or
refuse to perform any of the duties or services reulired by
this act,having undertaken so to do, or shall kbwingly
admitany person to vote, not qualified according to law, or
shall be guilty of corruption, partiality or manifest misbe-
havior, inany matter or thing appertaining to said elec-
tion, orLall knowingly receive any improper votes, or
shall ktWinmgly make a false return of the votes given, he
orthey so offeding shall forfeit and pay each to the Ter-
g 200 penalty ritory a sum not exceeding a 200, nor leps than 8 50, to be
recovered in any Court of record in the Territory, in the
name and for the ue of the Teqritory, in an action of debt
with costs of suit, or atfhe suit of any person w ho.may see
9100 to inform. proper to sue for the same, one half for the use of the per-
son suing, and the other half for the use of the Territory.
13. And be t further enacted, That, the sum of 600
$600appropnated dollars be, and the same is hereby appropriated out of any
money in the Treasury, not otherwise appropriated for the
purpose of defraying the expenses of the election of dele-
gate,which said sum of 9 600 dollars is hereby placed at
the disposal of the Governor, to be by him expended, or
so much thereof as he may deem necessary, in paying the
expenses of the election, in such manner as he may, judge
proper.
J. C. BRONAUGH,
President of the Legislative Council
[ 4pproved, 12th lugust 1822.1
WM. P. DUVAL,
Governor of the Territory of Florida
TEST,
JOHN COPPINGER CONNOR,
Clerk of the Legislative Council.


AN ACT
For the admission of Attorneys at Law into this 1itor)
l 1. Be it acted by the Governor and Legzslative Coun.
aft eenor. cal ot the Territory of Florida, That no person shall be ad-
mitted by any Court to practice therein as Council or
Attorney at law, until he shall have obtained a licence
in writing from the Governor of this Territory, or one of
Or Judge of Supe- the Judges of the Superior Court. When application is
nor Court made for a licence the Governor or Judges may refer to
two persons learned in the law, practitioners in the said
Courts to examine and report upon his alhfications and
moral character, and if upon the examination of the
report of the said persons they shall be satisfied of the









qualifications and fitness of the applicant, they may
gi.nt him a hIctnce, provided nevertheless that such ex-
amination shall not be required of any person who shall
produce a certificate of his having been admitted to prac-
tice in a Court of record in some State or Territory
of the United states, which certificate shall be signed by
the cle k of said Court.
2 Be it further enacted, That, before any person is Oath office
permitted to practice in the Courts of this Territory as an
Attorney or Counsellor at Law, he shall take an oath, hon-
estly to demean himself in his profession and execute his
office to the best of his knowledge, skill and ability
3 Be t further enacted, That, if any Attorney shall re- Attornies neglect,
ceive or collect money for his employers and fail or refuse ngto py be to
to pay it over when demanded, he shall be liable to an ac- five per cent per
tion for the same and subject to the penalty of five per month.
cent for every month he detains the same after regular de-
mand made.
4 Be ,t further enacted, That no clerk, deputy clerk or Clerks, &.&c. not
justice of the peace shall practice in the Courts to which to practae.
they respectively belong, nor no Judge of the Inferior
Court shall practice in the Superior Court.
5. Be ztfurther enacted, That, no person who has been~ DisquMlifictin.
guilty of perjury, bribery, corruption, or other infamous
crime, shall be admitted as a practitioner in any of tue
Courts of this Territory.
J. C. BRONAUGfA,
President of the Legislative Council.
d[fiAroved, 2th August 1822.]
WM. P. DUVAL,
Governor of the Territory of Florida.
TEST,
JOHN COPPINGER CONNOR,
Clerk of the Legislative Council.









AN ACT
hFixng the place of the next session of the Legislative Council
Be it enacted by the Giovernor and Legislatnte Courcil
8t.Augustine. of the Territory of Florida, That, the next sessifbi of the
Legislative Council shall be holden in the city of St Au-
gustine, in the County of St. Johns.
J C BRONAUGH,
President of the Legislative Council.
.7fifroved 12th ugust 1822
WM. P. DtJVAL,
Governor of the Territory of Florida
TEST,
JOHN COPPINGER CONNOR,
Clerk of the Legislative Council.


AN ACT
Regulating the mode ofproceeding on attachments


Writ issued on the
oatl of the plain-
tiff

Thatthe defendant
is removing





Above $ 20 may
be t r-ct-d to she-
nil, constable, or
coroner,returnable

Lev on the Slaves
&c &c

Summon garnshee

On oath.





To give bond and
sccurtil


1 Be it enacted by the Governor and Legislative Coun-
cil of the Territory of Florndai That, it shall be lawful for
any Judge or Justice of the Peace of the Territor), upon
complaint made to him on oath thatthe defendant is justly
indebted tohim in the amount stated, and that he is remo-
ving out of the Territory, or so absconds and conceals him-
self that the ordinary process of law cannot be served
upon him, to grant an attachment against the estate of
such debtor, or so much thereof as will be sufficient to
satisfy the debt and costs of such complainant, which at-
tachment, when the demand is above the sum of twent)
dollars, may be directed to any sheriff, constable or coro-
nei, and snall be returnable to the next term of the Circuit
Court, for the County in which it issued-and it shall be
lawful for slikh office to serre and levy any attachment
upon the slaves, Poods and chattels of the party abscond-
ing &c. wherever the same mav be found, or uthe hands
ot any person or persons, indebted to, or having effects of
the party I0wsnding, and to summon such garnishee, or
garnishees.'to appear at the next term of the said Court, or
before a justice of the peace, as the case may be, there to
answer upon oath what he, she or they is indebted to such
party, or what effects he, she or they may have in then
hands, or had at the time of serving such attachment,
which being returned executed, the Court may thereupon
compel such garmshee to appear and answer as aforesaid
2. Be itfurther enacted, That. every J Mve, or Justice
of the Peacc, before grarntin any attachment, shall take
bond and sufficient security, of the party for whom the









ame mav be issued, in double the sum to be attached,
p.L-' i atlendant, ito satisi~yng anu paying all
cost n in. h shall be avw rded to the said deienaant, in case
tht plaintifl, suing out suth attat hn ent, shall Le cast in his
suit, an4 all damages whu h shall be recovered against the
sdia plaintifl, for his suing out such attachment, which
bond shall be by the said judge or justice, returned to
coui t with the attachment-and the party entitled to such
costs or damages, may thereupon bu ng suit and recover-
and every attachment issued, where no such bohd shallbe
taken orreturned, is hereby declared illegal and void, and
shall be dismissed.
3 be it further enacted, That, all attachments shall be
repleviable by appeai ance, and putting in good bail, if by
the Court ruled so to do, or by giving bond with good se-
curity to the shenift or other officer serving tne-same,
w which the sheriff or said officer is hereby empowered and
required to take, to appear at the Court to which the at-
tachment is returnable and abide by and perform the or-
der and judgment of such court.
4. Be t further enacted, That, upon the defendants re-
plevying any attached effects by giving bond and security
to the sheriff or other officer as aloresaid, the sheriff or of-
ficer shall return the name of the security, by him so taken,
and if such security shall be judged insufficient by the
Court, and if the defendant shall fail to appear and give
spe lal ball, if thereto ruled by the Coui t, such sheriff and
security shall be subject to the same judgment and recov-
ery, and have the same liberty of defence and relief as the
defendant himself.
5 Be ttjum other enacted, That, after judgment against
the defendant, the sheriff shall proceed to st I the property
attached, and if that be not sufficient to satisfy the judg-
ment, the plaintiff may also have execution against the es-
tate of the defendant.
6 Be t further enacted, That, when thdtemand claim-
ed shall not exceed twenty dollais-tbe attachment shall
be served y a constable, and returned to the Judge or
Justice wil issued it, or some other Justlie of the Peace
who shall and may proceed in the same mnllA1. as is di-
rected in the case of attachments over twentD dollars.
7 Be t further enacted, That, in all cases, where the
defendant does not appear, if the demand be liquidated,
the Court or Justice, may render judgment by default, if it
be~a4 lluidated, judgment may also be rendered upon
pra f cqtfe demand,
i Be further enacted, That, whenever a jtidgment is
rendered agaioi4 garnishee on account of any money
due the dgfendtitrior any goods or effects of defendants,
in his hands, such money or goods only, shall be liable to


To be returned t<
Court.

On which suit ma:
be brought.

Otherwise void

Repleviable by ap
pearance and bail

Or by giving bond



Name of secun-
ties


If insufficient
Sheriff able



Judgment not
satisfied,-execu-
tion may go against
the estate

Attachment under
20, acted on by
justices.



Defendant not ap-
pearing,-Jitdg-
ment by default.


On judgment a-
gainst garnishee,-
levy on the good,
in his hand,









exceptt i-er
here is conL.el-
aent

appeal

)ebtor making
iath of the proba-
,le remoi al, &c



ittachmentto is-
iue
ro all Constables
i. Sherifi



?roviso


Parties imay ap-
point arbitrators

Court to o1-
der arbitrators



Arbitrators retus-
ng to act.


satisfy said judgment and costs-except where such gal -
nls.ee conceal s su h money or effi- s. in which c se his
own property shall be liable to satisfy such judgment
9 Be it further enacted, That an appeal may .be taken
from the judgment ol a magistrate on attachmefti, as in
other cases
10 Be itfurther enacted, That, if any creditor will mtike
oath before a Justice of the Peace, where his debtor re-
sides, to tne lustness of his claim, and that he suspects,
and ve ily believes that such debtor intends to remove his
effects outof the Teri Itory, or so dispose of them as to e-
vade the payment of the debt he owes, such justice shall
issue an attachment, returnable according to t ie sum de-
manded, as is herein required in other cases, directed to
all constablts and sheriffs of the Territory, by virtue of
which any constable or sheriff of any county ot the Ter i-
tory, shall pursue, take and seize such effects and make re-
tut n-thereof, accoi ding to the requisition of said attach-
ment and thereunon such proceedings shall be had as in
cases of other attachments-provided always, that the party
obtaining such attachment snail first give bond with good
security, as in other cases of attachment
J C BRONAUGH,
President of the Legislative Council
[1fiproved 13th August 1822 '
WM P DUVAL,
Governor of the Territory of lorida
TEST,
JOHN COPPINGER CONNOR,
Clerk of the Legislative Council



AN ACT.

oncerning Awards and Arbitrations

1 Be it enacted by the Governor and Legrelative Council
of the Territory of Florida, That, it shall and may be law-
ful for all persons desirous of ending any controversy or
suit, by artltrlTon, to appoint any person or persons as
arbitrators, ana if no suit is depending shall concisely state
in writing the nature of their control ersv to any Court
having jurisdiction thereof-and the said court shall there-
fore issue their order certified by their clerk to the said
arbitrator s, stating the dispute to them referred, and in
case any arbiti ator or arbit atoms so appointed snail laii
or refuse to act, the Court may on the application of ei-
ther party, and their making satisfactory-proof thereof, ei-
ther discharge the said order of reference, ut appoint such
other referees as the parties shall nominate The said









ait ltrators or either of- them are empowered to issue sub- Fml]ou
pL).ls ii witltssUts, under the sLInie CIegulttiols as tie suesut
.L, Ks of the C,u ts, n hIuh shall be obeyea by ad consta-
bles andfcCelitts, and the u itnessLs as much b.und to at-
'Lid asaeCuummoined to Couit b) ti:e cleik.
2 BeW-urther enacted, 'aat, the a b'urators so chosen To take
before they enter on the investihauion of any matter to
them su'Jmttled, shall take an oath or affirmation, unpar-
tilly to detci mine the control ersy submitted to them a-
ilieeably to law, evidence and the equity of the case, to the
best of then judgment, without favuur or affection, which
otth may be Adminiistered to them by any Judge or Jus-
t. e ol tne peaLe of the Tel ItoiN-'1 he a:bitrators shall
rnake up then award in writing, under their hands and Awardu
s-als,notlnig thtrein the title at wauch it n as made,one fair andund
c< py of v ulch, signed as, atoresaid, shall immediately
union its berlin made, ie deil ered to each of the contend- One col
i ; parties anti the oriindl returned b) them to the Couit in i blch the sulnbmssion % as nm~de, at the term next suc- another
cePding the date of toe award pru ided there be fifteen to the C
d.vrs between the date of said award and such Court. The proviso
an a i d so retui ned, shall be entered of record, and made the
judgment, or deriee of the Court, and shall not be luvali Auardr
dated. sit aside or appealed fiom, unless it shall be made mentof
appear to the Court. that such award was obtained by cor-
ruition. evident pattialit), or other undue means, in any Noapp,
of -\ hich cases, if either of the pat ties shall think himself tfomrn
aggrieved by the judgment or decree of the Court, upon an fc-'t t i
award so improperly obtained, he may appeal theiefrom to
the Supe ior Court, provided it has cognizance thereof,
and provided also, that the said appeal shall be made at the
term at which the award is made, the' judgment of the
Court, and prosecuted as other appeals are.
3. e tt further enacted, That no a aid made by virtue Awards
of this act, shall be liable to be examined itto, superseded to exce
or revised, bywrit of error, or be set aside 4t the Coui t to ant of
which it may be returned for want of form onLy, nor for o-
ther uiegularities, if by such award it manifestly appears
that the suit, matter or controversy submittecj is thereby
finally and certainly decided-p ovidedl nalo less, that 'oi.0
nothing herein contained shall be construed'to take from
Courts of equity their powers over awards, -arbitraments,
or umpirages
4. Le it further enacted, That, the clerk shall be allow- 4 leks
ed4hesame fees for services performed in this act, as.are
allowed by law for like services in cases of a similar na-
ture. ,
5 Beet furan enacted, That, the arbitrator for their Aibitrat
se vices s' all he entitled to two dollars per day, ifdeman- cd S2,
ded, to be paid jointly by the contending pa ties, befo'


cred toua




an oath







n writing
er seal


y, dehver-
e parties
returned
ourt,


made judge.
the Court

al there-
thout man-
ad, .c


not liable
option for
form.


:ecs


ors allom .
)cr do











Fees to the Cleik.






Mlowances to wit-
lesses

Arbitrators may
all an umpire.














Road to Cahau ba.


copies of the award are delivered to them as aforesaid-
The fees to the Cle k prior to tne return and entry of the
award, shall be jointly paid down by the parties as those
services are rendered, but after the award is entered of
record, all subsequent costs shall be charged to, and col-
lectable from the party against whom the judgment or
decree of the Court, shall be under suc'. award, unless it
be otherwise directed in said award
6 Be at further enacted, That, witnesses shall be allow-
ed the same compensation and privileges as witnesses at-
tending Cou ts
7. Be it further enacted, That, in case the arbitrators
cannot agree, they may call in an umpire, and the decisi-
on so made, shall be as valid as if made by the original ar-
bitrators
J C. BRONAUGH,
President of the Legislative Council.
[Afifiroved 13th lAuust 1822
WM P DUV\L,
Governor of the Territory of Florida
TEST,
JOHN COPPINGER CONNOR,
Clerk of the Legislative Council.

AN ACT
Appointing Commissioners to view road from Pensacola to Cahawb-
Whereas it is represented that the Legislature of Ald hn-
ma, has directed a road to be opened from Cahawba in
that State to PensaLola, and a direct communication be-
tween those places, being an object of much interest to the
citizens of Florida Therefore be it enacted by the Gove -
nor and Legislative Council of the Territory of Florida,
That Clark Jackson and Celestine Gonzales, be and the)
are hereby appointed Commissioners to view and mark
out the nearest and best rout for a road from Pensacola to
the boundary-line between Florida and Alabama, to meet
the commissioners appointed for said purpose by that state,
and that they make their repot t on oath to the first term
of the County Court, after having viewed and marked out
such way,'tad the County Court is hereb) directed to
cause said road to be cut out, if in their estimation ad-
visable, as soon as practicable thereafter, and kept in re-
pair in the manner, and under the regulations prescubed
by law
J C BRONAUGH,
President of the Legislative Council
(.Approved 14th Auqust 1822 ]
WM P DUVAL,
TEST, Governor of the Territory of Florida
JOHN COPPTNGER CONNOR,
Clerk of the Legislative Council




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