26 Feb. 1811 5.

made from accounts of seamen

20. When any navy officer, seaman or marine, shall be admitted into a navy hospiDeduction to be tal, the institution shall be allowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman or maand pensioners rine; and in like manner, when any officer, seaman or marine, entitled to a pension, shall be admitted into a navy hospital, such pension during his continuance therein shall be paid to the commissioners of the navy hospitals, and deducted from the account of such pensioner.

whilst inmates thereof.

3 March 1851 1. 9 Stat. 595.

III. MILITARY ASYLUM.

21. All soldiers of the army of the United States, and all soldiers who have been, or may hereafter be of the army of the United States, whether regulars or volunteers, and What soldiers to who have contributed, or may hereafter contribute, according to section seven of this act, to the support of the military asylum hereby created, shall, under the restrictions and provisions which follow, be members of the said asylum, with all the rights annexed thereto.

be members.

Ibid. ? 2.

sioners consti

tuted.

22. For the good government and attainment of the objects proposed by the institution Board of commis- aforesaid, the general-in-chief commanding the army, the generals commanding the eastern and western geographical military divisions, the quartermaster-general, the commissary-general of subsistence, the paymaster-general, the surgeon-general, and the adjutant-general, shall be. ex officio, commissioners of the same, constituting a board of commissioners, (a) a majority of whom shall have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the secretary of war for approval; and may do any other act or acts necessary for the government and interests of the same, as authorized herein.

Their powers and duties.

Ibid. 2 3. Officers of the institution.

Ibid. 24. Who to be entitled to its benefits.

Exceptions.

Ibid. 25. Discharges.

23. The officers of the institution shall consist of a governor, a deputy governor and a secretary, for each separate site of the asylum, the latter to be also treasurer; and the said officers shall be taken from the army, and appointed or removed, from time to time, as the interests of the institution may require, by the secretary of war, on the recommendation of the board of commissioners.

24. The following persons, members of the army asylum, according to section one, shall be entitled to the rights and benefits herein conferred, and no others, viz.: every soldier of the army of the United States who shall have served, or may serve, honestly and faithfully, twenty years in the same, and every soldier, and every discharged soldier, whether regular or volunteer, who shall have suffered by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability has not been occasioned by his own misconduct: Provided, That no deserter, mutineer or habitual drunkard, shall be received without such evidence of subsequent service, good conduct and reformation of character, as the commissioners shall deem sufficient to authorize his admission.

25. Any soldier admitted into this institution, for disability as aforesaid, and who shall recover his health, so as to fit him again for military service, (he being under fifty years of age), shall be discharged: Provided, That any pensioner on account of wounds or When pensioners disability incurred in the military service, although he may not have contributed to the funds of the institution, shall be entitled to all the benefits herein provided, upon transferring his pension to said asylum, for and during the period that he may voluntarily continue to receive such benefits.

to be admitted.

Ibid. 26.

Convicts to be excluded.

Ibid. 7.

26. The provisions of the foregoing sections shall not be extended to any soldier in the regular or volunteer service, who shall have been convicted of felony, or other disgraceful or infamous crimes of a civil nature, since he shall have been admitted into the service of the United States.

27. For the support of the said institution the following funds shall be set apart, and Appropriation of the same are hereby appropriated-any unexpended balance of the appropriation made

funds.

Contributions levied in Mexico.

March 2d 1847, now remaining in the treasury, for the benefit of discharged soldiers disabled by wounds; the sum of one hundred and eighteen thousand seven hundred and ninety-one dollars and nineteen cents, levied by the commanding general of the army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States army, regulars and volunteers, engaged in that war, but taken possession of as funds of the United States and placed in the treasury; all stoppages or fines adjudged against soldiers by sentence of courts martial, over and above any amount that may be due for the reimbursement of government or of individuals; all forfeitures on account of desertion, all moneys, not exceeding two-thirds of the balance on hand, of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; and all moneys belonging to the estates of deceased soldiers, which now are, or may hereafter be unclaimed for the period of

a) This does not constitute the commissioners a corporation, and agents to administer the funds appropriated by the net, and to with capacity to sue and be sued. They are only public officers perform the other duties thereby imposed on them. 5 Opin. 398.

three years, subsequent to the deata of said soldier or soldiers, to be repaid by the com- 3 March 1851. missioners of the institution, upon the demand of the heirs or legal representatives 'of Unclaimed arthe deceased: (a) And provided also, That from the first day of the month, next after rearages of pay. the passage of this act, there shall be deducted from the pay of every non-commissioned Monthly deduetions from pay of officer, musician, artificer and private, of the army of the United States, the sum of soldiers. twenty-five cents per month, which sum so deducted shall, by the pay department of the army, be passed to the credit of the commissioners of the army asylum; who are hereby Donations. also authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use: Provided, That the deduction of twenty-five cents per month from the pay of non-commissioned officers, musicians, artificers and privates of regiments of volunteers, or other corps or regiments, raised for a limited period, or for a temporary purpose or purposes, shall only be made with their consent.

Ibid. 28.

erected.

28. That the commissioners of this institution, by and with the approval of the president, be, and the same are hereby authorized and required to procure for immediate use, Asylum to be at a suitable place or places, a site or sites for the military asylum, and if the necessary buildings cannot be procured with the site or sites, to have the same erected, having due regard to the health of the locations, facility of access, to economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons provided for in this act.

Ibid. 29

29. That the commissioners, with the approval of the secretary of war, prepare the necessary rules and regulations for the government of said institution, and cause the Rules and regusame to be fitted and furnished for the immediate reception of those persons provided lations. for in this act; and that the secretary of war report upon the execution of this duty at the next session of congress.

IV. INSANE ASYLUM.

10 Stat. 682. Government

opital for the

30. The title of the institution shall be The Government Hospital for the Insane, and 3 March 1855 1 its objects shall be the most humane care and enlightened curative treatment of the insane of the army and navy of the United States, and of the District of Columbia. (b) 31. Nine citizens of the District of Columbia, to be appointed by the president of the Insane. United States, shall constitute a board of visitors of the said hospital. The term of Ibid. 22. office of three of the nine visitors shall expire [the] 30th day of June 1857, and bienni- Board of visitors ally thereafter on the same day of the year, when they shall be re-appointed, or three other citizens appointed in their stead. The order in which the terms of office of the first nine appointees shall expire shall be determined by lot; and should any vacancy occur by death, resignation or otherwise, such vacancy shall be filled by appointment for the unexpired term of such visitor. The board of visitors, subject to the approval of the Their powers and secretary of the interior, may make any needful by-laws for the government of themselves and of the superintendent, and his employees, and of the patients, not inconsistent with this act, nor with the constitution and laws of the United States; they shall visit the hospital at stated periods, and exercise so careful a supervision over its expenditures and general operations, that the government and community may have confidence in the correctness of its management; they shall make annually to the secretary of the interior a report for the preceding year ending June 30th, setting forth the condition and wants of the institution. The board shall elect one of their number president, who shall preside at their meetings for one year, or till a successor is elected. The office of visitor shall be honorary and without compensation.

duties.

Ibid. 3.

tendent.

32. The chief executive officer of the institution shall be a superintendent, to be appointed by the secretary of the interior, and to receive a salary of two thousand five The superinhundred dollars per annum. The superintendent shall be a well-educated physician, possessing competent experience in the care and treatment of the insane; he shall reside Salary. on the premises, and devote his whole time to the welfare of the institution; he shall, Qualifications. subject to the approval of the visitors, engage and discharge all needful and usual Powers and employees in the care of the insane, and all laborers on the farm, and determine their wages and duties; he shall be the responsible disbursing agent of the institution, and shall be ex officio secretary of the board of visitors; and he shall give bond for the To give bond. faithful performance of his duties, in such sum and with such securities as may be required by the secretary of the interior.

duties.

Ibid. 4.

33. The order of the secretary of war, and that of the secretary of the navy, shall authorize the superintendent to receive insane persons belonging to the army and navy, Insane from respectively, and keep them in custody till they are cured, or removed by the same army and navy authority which ordered their reception. (c)

(a) This includes the unclaimed extra-pay allowed to soldiers, by the act 19 July 1848 5. 9 Stat. 248. These funds may be drawn from the treasury without further special appropriation. 5 Opin. 677.

to be received.

(b) No persons, not of the army or navy, are entitled to admis sion, as indigent insane, unless, at the time of becoming insane, they are legal residents of the District of Columbia. 7 Opin. 450.

(c) By act 3 August 1848 13, the secretary of the navy was

3 March 18555.

34. All indigent insane persons residing in the District of Columbia at the time they Indigent insane became insane, shall be entitled to the benefits of the institution, and shall be admitted on the authority of the secretary of the interior; which he may grant after due process of law showing the person to be insane and unable to support himself (or herself) and family, (or themselves, if they have no family), under the visitation of insanity.

of District of Columbia.

Ibid. 26.

35. Whenever there are vacancies, private patients from the district may be received Private patients. at a rate of board to be determined by the visitors; but to be in no case less than the actual cost of their support.

Ibid. 27. Appropriations, how drawn.

7 Feb. 1857 31. 11 Stat. 157.

Ibid. 22.

How insane pau

mitted.

36. All appropriations of money by congress for the support of the institution, shall be drawn from the treasury on the requisition of the secretary of the interior; and shall be disbursed and accounted for in all respects according to the laws regulating ordinary disbursements of public money.

37. No insane person, not charged with any breach of the peace, shall ever hereafter be confined in the United States jail, or in the United States penitentiary, in this district.

38. The secretary of the interior shall have power to grant his order for the admission into the government hospital for the insane, [of] any insane person unable to support himpers may be ad- self or herself and family, (or himself or herself, if he or she have no family), under the visitation of insanity, who resided in the district at the time he or she became insane, and who is not charged with any breach of the peace, upon the certificate of any judge of the circuit or criminal court, or any justice of the peace of the district, stating that two respectable physicians appeared before said judge or justice and certified under oath, and under their hands, that they knew the party alleged to be insane, and that they believed him or her to be a fit subject for treatment in such hospital; also stating that two respectable householders, residents of the district, appeared before him and certified under oath, and under their hands, that they knew the party alleged to be insane and indigent, that he or she was a resident of the district at the time he or she was seized with the mental disorder under which he or she then labored, and that he or she was unable to pay his or her board and other expenses therein; and the certificate of such physicians, and the certificate of such householders shall accompany the certifi cate of such judge or justice. The application of [to] the secretary of the interior for his order for the admission of said indigent insane person into the said hospital must be made within five days after the examination of the witnesses before the said judge or justice of the peace, before such proceedings shall be had before such judge or justice.

Ibid. 23.

Duties of police officers, &c.

Expenses.

Ibid. 24.

Admission of non-residents.

Ibid. 25.

39. The order of the secretary of the interior, granted under the authority of the second section of this act, shall authorize any police officer or constable to assist in carrying such indigent insane person to the hospital, whenever such assistance is represented to be necessary by the person holding the order; but all the expenses of witnesses before said judge or justice of the peace, and of carrying such patient to the hospital, shall be borne by his or her friends, or by the local authorities of the district. 40. Any indigent insane person who did not reside in the district at the time he or she became insane, may, in like manner as provided in the second section of this act, be admitted into the said hospital upon the application of the corporate authorities of the city of Washington, or of Georgetown, and at the expense of either of the said cities during the continuance of said insane person therein, it being hereby designed to give the superintendent thereof authority to take charge of such insane person until the authorities aforesaid can discover who his or her friends are, or whence he or she came, with a view to the return of such person to such friends, or to the place of his or her residence, and thus relieve said corporate authorities of the expense and charge of said indigent insane non-resident.

41. If any person, charged with crime, be found, in the court before which he or she Admission of in- is so charged, to be an insane person, such court shall certify the same to the secretary of the interior, who may order such person to be confined in said hospital; and if he or she be not indigent, he or she, and his or her estate, shall be charged with expenses of his or her support in said hospital.

sane persons charged with

crime.

Ibid. 26

Insane convicts

42. Ar y person becoming insane during the continuance of his or her sentence in the United States penitentiary, shall have the same privilege of treatment in the hospital during the continuance of his or her mental disorder, as is granted in section five to persons who escape the consequences of criminal acts by reason of insanity, unless it be the opinion, both of the physician to the penitentiary and the superintendent of the hospital, that such insane convict is so depraved and furious in his or her character, as to render his or her custody in the hospital insecure, and his or her example pernicious.

authorized to cause persons in the naval or marine corps, who should become insane while in the service, to be placed in such Junatic hospital, as in his opinion would be most convenient and best calculated to promise a restoration of reason; and in addition to the pay which might from time to time be due to such person,

from the annual appropriation for the naval service, under the head of contingent enumerated, to pay any deficiency of a reasonable expense: provided. that in each case it should not exceed one hundred dollars per annum. 9 Stat. 272.

recovery of in

43. When any person confined in said hospital, charged with crime and subject to be 7 Feb. 1857 8 7. tried therefor, or convicted of crime and undergoing sentence therefor, shall be restored Superintendent to sanity, the superintendent of the hospital shall give notice thereof to the judge of the to give notice of criminal court, and deliver him or her to said court in obedience to the proper precept. sane criminals. 44. The independent or pay patients may be received into the hospital on the certifi- Ibid. 28. cate of two respectable physicians of the district, stating that they have personally Admission of pay. examined the patient, and believe him or her to be insane at the time of giving the ing insane pa certificate, and a fit subject for treatment in the institution, accompanied by a written request for the admission, from the nearest relatives, legal guardian, or friend of the patient, where he or she may remain until restored to reason: Provided, The friends of the patient comply with the regulations of the hospital in respect to payment of board, and in all other respects. The request for admission must be made within five days of the date of the certificate of insanity.

tients.

Ibid. 3 9.

45. If any person will give bond, with sufficient security, to be approved by the criminal court, or circuit court, or any judge thereof in vacation, payable to the United To be discharged States, with condition to restrain and take care of any independent or indigent insane on giving boud. person, not charged with a breach of the peace, whether in the hospital or not, until the insane person is restored to sanity, such court or judge thereof may, in its discretion, deliver such insane person to the party giving such bond.

I. ADMISSION INTO THE UNION.

Minois.

1. People of Illinois authorized to form a state government.

2. Boundaries of the state. Concurrent jurisdiction on the

Wabash and Mississippi rivers.

3. Section sixteen, in every township, for the use of schools. Salt springs, &c., granted to the state. Five per cent. of proceeds of lands for public improvements. Two entire townships for a seminary of learning. Lands sold, to be exempt from taxation for five years. Bounty lands to be exempt from taxation for three years. Lands of non-residents not to be taxed higher, &c. 4. Illinois admitted into the Union.

5. Laws of the United States extended over.

II. CIRCUIT AND DISTRICT COURTS.

6. Two districts. Northern district, at Chicago. Southern district. at Springfield.

7. Terms of the northern district. Adjourned terms.

8. Pending cases provided for.

9. Removal of pending cases.

10. Judge of northern district.

11. Final process in pending cases.

12. Judge of southern district. Salaries.

13. Officers of northern district.

14. Officers of southern district.

15. Terms of the southern district.

16. Clerk to transcribe records of northern district.

III. COLLECTION DISTRICTS.

17. District of Chicago. Collector.

I. ADMISSION INTO THE UNION.

3 Stat. 428.

1. That the inhabitants of the territory of Illinois be, and they are hereby, authorized 18 April 1818 8 L to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the State governunion upon the same footing with the original states, in all respects whatever.

ment.

Ibid. & 2.

2. The said state shall consist of all the territory included within the following boundaries, to wit: beginning at the mouth of the Wabash river; thence, up the same, and Boundaries of the with the line of Indiana, to the north-west corner of said state; thence, east with the line state. of the same state, to the middle of Lake Michigan; thence, north along the middle of said lake, to north latitude forty-two degrees thirty minutes; thence, west to the middle of the Mississippi river; and thence, down along the middle of that river, to its confluence with the Ohio river; and thence, up the latter river, along its north-western shore, to the beginning: (a) Provided, That the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise they shall be and remain as now prescribed by the ordinance for the government of the territory north-west of the river Ohio: Provided also, That the said state shall have concurrent jurisdiction with the state of Concurrent juris Indiana on the Wabash river, so far as said river shall form a common boundary to both, Wabash and Mis and also concurrent jurisdiction on the Mississippi river, with any state or states to be sissippi rivers. formed west thereof, so far as said river shall form a common boundary to both.

diction on the

(a) See act of 2 March 1331, to ascertain and mark the line be northern boundary of the state of Illinois, and for other purposes. tween the state of Alabama and the territory of Florida, and the 4 Stat. 479,

18 April 1818 26.

Section 16, in

3. That the following propositions be, and the same are hereby, offered to the convention of the said territory of Illinois, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States and the said state.

First. That section numbered sixteen, in every township, and, when such section has every township, been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the use of the inhabitants of such township, for the use of schools. (a)

for the use of schools.

Salt springs, &c., granted to the

state.

Five per cent. of proceeds of lands for public improvements.

Two entire townships for a semi

exempt from taxation for five years.

Second. That all salt springs within such state, and the and reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terms, and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell nor lease the same for a longer period than ten years, at any one time.

Third. That five per cent. of the net proceeds of the lands lying within such state, and which shall be sold by congress, from and after the first day of January 1819, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz. two-fifths to be disbursed, under the direction of congress, in making roads leading to the state; the residue to be appropriated, by the legislature of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.(b)

Fourth. That thirty-six sections, or one entire township, which shall be designated by nary of learning. the president of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legisLands sold, to be lature :(c) Provided always, That the four foregoing propositions, herein offered, are on the conditions that the convention of the said state shall provide, by an ordinance irreVocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county or township, or any other purpose whatever, for the term of five years from and after Bounty lands to the day of sale: (d) And further, That the bounty lands granted, or hereafter to be granted, be exempt from for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years from and after the date of the patents respectively; and that all the lands belongbe taxed higher, ing to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein.(e)

taxation for three years.

Lands of non

residents not to

&c.

3 December 1818. 3 Stat. 536.

into the Union.

4. Whereas, in pursuance of an act of congress, passed on the 18th day of April 1818, entitled "An act to enable the people of the Illinois territory to form a constitution and Illinois admitted state government, and for the admission of such state into the Union, on an equal footing with the original states," the people of said territory did, on the 26th day of August, in the present year, by a convention called for that purpose, form for themselves a consti tution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the 13th day of July 1787: (g) Resolved, That the state of Illinois shall be, one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.(h) and making a grant of land to the states of Illinois, Mississippi and Alabama, in aid of the construction of a railroad from Chicago to Mobile. 9 Stat. 466.

(a) The title to these lands has never been considered as vested in the state; and it has no inherent power to sell them, or appropriate them to any other purpose than for the benefit of schools. Trustees of Vincennes University v. Indiana, 14 How. 274. But see act 15 February 1843, authorizing the legislature of Illinois to sell the school lands. 5 Stat. 600.

(b) See act 12 December 1820, to provide for paying to the state of Illinois three per cent. of the net proceeds arising from the sale of the public lands within the same. 3 Stat. 610. And see 2 Opin. 268. 3 Ibid. 567.

(c) Both these townships are clearly vested in the state. tees of Vincennes University v. Indiana, 14 How. 275.

Trus(d) This agreement not to tax the public lands, until five years after they shall have been sold, does not impair the sovereignty of the state. Spooner v. McConnell, 1 McLean, 337. And see Astrow v. Hammond, 3 Ibid. 107. Thompson v. Holton, 6 Ibid. 386. See also tit. "Lands," 199.

(e) See act 3 March 1791, for granting lands to the inhabitants and settlers at Vincennes and the Illinois country, in the territory north-west of the Ohio, and for confirming them in their possessions. 1 Stat. 221. Act 3 March 1807, confirming claims to land in the district of Vincennes, and for other purposes. 2 Stat. 446. Act 2 March 1827, to grant a quantity of land to the state of Illinois, for the purpose of aiding in opening a canal to connect the waters of the Illinois river with those of Lake Michigan. 4 Stat. 234. Act 2 March 1833. to amend the last-mentioned act. 4 Stat. 662. Act 29 August 1842, to authorize the states of Indiana and Illinois to select certain quantities of land in lieu of like quantities heretofore granted to the said states for the construction of the Wabash and Erie, and the Illinois and Michigan canals. 5 Stat. 542. And act 20 September 1850, granting the right of way,

(g) 1 Stat. 51, note. The ordinance of 1787 ceased to be in force upon the adoption of the constitution. It is true that most of the material provisions of the six articles contained in it, not ineonsistent with the constitution of the United States, have been the established law within this territory, ever since the ordinance was passed; and hence the ordinance itself is sometimes spoken of as still in force. But these provisions owed their legal validity and force, after the constitution was adopted, and while the terri torial government continued, to the act 7 August 1789, 1 Stat. 50, which adopted and continued the ordinance of 1787, and carried its provisions into execution, with some modifications, which were necessary to adapt its form of government to the new constitution. And in the states since formed in the territory, these provisions, sc far as they have been preserved, owe their validity and authority to the constitution of the United States, and the constitutions and laws of the respective states, and not to the authority of the old confederation. Strader v. Graham, 10 How. 96-7. Per moli v. First Municipality, 3 Ibid. 589. Pollard v. Hagan, Ibid. 212. And see Menard v. Aspasia, 5 Pet. 505. Spooner v. McCounell, 1 McLean 337. Jones v. Vanzandt, 2 Ibid. 612. Lewis u. Baird, 3 Ibid. 56. Astrow v. Hammond, Ibid. 108. Palmer r. Cuyahoga County, Ibid. 226. Vaughan v. Williams, Ibid. 530, Indiana v. Laselle, 1 Blatchf. 62. Phoebe v. Jay, Brevard, 110, Jarrot v. Jarrot, 2 Gilm. 1. Winny v. Whiteside, 1 Missouri, 472 Merry v. Tiffin, Ibid. 725. Merry v. Chexnaider, 20 Mart, 699, Henry v. Decker, Walk. 36. 7 Opin. 571. (h) See Pollard v. Hagen, McLean, 337.

3 How. 212. Spooner v. McConnell, 1