1830. Proviso: Districts to be laid off. President to exchange, &c. Title secured to Improvements factorily proved to the Secretary of the Treasury, that any of CHAP. 148. An ACT to provide for an exchange of Lands with the Indians residing in any of the States or Territories, and for their removal West of the river Mississippi. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any State or organized Territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other. SEC. 2. And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits of any of the States or Territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the States or Territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the State within which it lies to extinguish the Indian claim thereto. SEC. 3.. And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Frovided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same. SEC. 4. And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged 1830. to be appraised for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause and paid for. such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe. SEC. 5. And be it further enacted, That upon the making Aid in moving, of any such exchange as is contemplated by this act, it shall &c. and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal. SEC. 6. And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever. SEC. 7. And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construedas authorizing or directing the violation of any existing Treaty between the United States and any of the Indian tribes. Protection. SEC. 8. And be it further enacted, That for the purpose of giving effect to the provisions of this act, the sum of five hun- 500,000 dolls. dred thousand dollars is hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated. [Approved, May 28, 1830.] CHAP. 149. An ACT to authorize the Register and Receiver of the St. Helena Land District, in Louisiana, to receive evidence, and report upon certain claims to land mentioned therein. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Register and Receiver of the St. Helena land district, in the State of Louisiana, are hereby authorized and required to receive evidence in support of the claim of John McDonogh to a tract of land on the Mississippi River, bounded above by the land of John De Bellevire, and below by lands of Madame A. Duplantier, and said to contain about fourteen arpents in front: also one other tract of land, situated on the River Amite, alleged to have been originally granted to Do 1830. mingo Assaretto by Governor Miro, on the eighteenth February, one thousand seven hundred and eighty-eight, containing thirty arpents in front, by forty in depth, under whom the said McDonogh claims title. SEC. 2. And be it further enacted, That the said Register and Receiver shall have the same powers, and perform the same duties, in relation to the said two claims, as was authorized and required of them by the act of the third of March, one thousand eight hundred and nineteen; and shall report to the Commissioner of the General Land Office an abstract of the evidence furnished in each case, together with their opinion thereon, that the same may be laid before Congress at the commencement of their next session. [Approved May 28, 1830.1 CHAP. 150. An ACT to repeal a part of an act, passed the twenty-sixth day of March, one thousand eight hundred and four, entitled "An act making provisions for the disposal of the public lands in the Indiana Territory and for other purposes." [SECT. 1.] Be it enacted by the Senate and House of Representatives af the United States of America in Congress assembled, Examination of That so much of an act, approved the twenty-sixth day of March, land office books, in the year one thousand eight hundred and four, entitled "An discontinued. act making provisions for the disposal of the public lands in the Indiana Territory, and for other purposes," as makes it the duty of the Secretary of the Treasury to cause, at least once every year, the books of the offices to be examined, and the balance of public moneys in the hands of the several Receivers of Public Moneys of the said offices to be ascertained, be and the same is hereby, repealed. [Approved, May 28, 1830.] Report to be inade. CHAP. 151. An ACT relative to the plan of Detroit, in Michigan Territory. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Governor and Judges of the Territory of Michigan, or any three of them, are hereby required to make a report of the plan of laying out the town of Detroit, under, and by virtue of an act, entitled "An act to provide for the adjustment of titles of land in the town of Detroit, and Territory of Michigan, and for other purposes," passed the twenty-first April, one thousand eight hundred and six; one copy of which shall, on or before the first day of January next, be deposited and recorded in the office of the Secretary of the Territory of Michigan, and another copy transmitted to the Secretary of State of the United States, to be by him laid before Congress. [Approved May 28, 1830.] CHAP. 152. AN ACT to repeal the proviso in "An act to authorize masters of vessels in certain cases to clear out either at the Custom House of Petersburg, or that of Richmond." [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso of an act, passed May twenty-sixth, one thousand eight hundred and twenty-four, entitled "An act to authorize masters of vessels in certain cases to clear out either at the Custom House of Petersburg, or that of Richmond," be, and the same is hereby, repealed. [Approved, May 28, 1830.] 1830. CHAP 153. An ACT to provide for the appointment of a Solicitor of the Solicitor Treas ties. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be appointed, by the President of the United States, ury. by and with the advice and consent of the Senate, some suitable person, learned in law, to be Solicitor of the Treasury; and that all and singular the powers and duties which are by law Powers and duvested in, and required from, the Agent of the Treasury of the United States, shall be transferred to, vested in, and required from, the said Solicitor of the Treasury; and the said Solicitor of the Treasury shall also perform and discharge so much of the duties heretofore belonging to the office of Commissioner, or Acting Commissioner of the Revenue, as relates to the superintendence of the collection of outstanding direct and internal duties. And the said Solicitor shall have charge of all lands and other pro- Charge of lands, perty which have been or shall be assigned, set off, or conveyed to &c. the United States, in payment of debts, and of all trusts created for the use of the United States, in payment of debts due them; and to sell and dispose of lands assigned, or set off to the United States, in payment of debts, or being vested in them by mortgage, or other security for the payment of debts; and in cases where real estate hath already become the property of Release of lamią the United States by conveyance, extent, or otherwise, in payment of a debt, and such debt hath been fully paid, in money, and the same hath been received by the United States, it shall and may be lawful for the Solicitor of the Treasury to release by deed, or otherwise convey the same real estate to the debtor from whom it was taken, if he shall be living, or if such debtor be dead, to his heirs or devisees, or such person as they shall appoint. &c. transferred. SEC. 2. And be it further enacted, That the Secretary of the Papers of Treas'y Treasury shall cause to be transferred to the Solicitor of the Agent to be Treasury, all books, papers, and records, belonging or appertaining to the office of Agent of the Treasury, or belonging and appertaining to the superintendence of the collection of out Direct taxes, &c. 1830. standing direct taxes and internal duties; and the Comptroller of the Treasury, and all other officers, who have heretofore Returns and re- been required to cause accounts to be stated and certified, or to make out or forward lists, returns, reports, or statements, to the Agent of the Treasury, are hereby required to cause such accounts to be stated and certified, and such lists, returns, reports, and statements, to be made and forwarded to the Solicitor of the Treasury; and all lists, returns, reports, and statements, respecting outstanding direct taxes and internal duties, heretofore required to be made to the Commissioner or acting Commissioner of the Revenue, shall hereafter be made to the said Solicitor of the Treasury. Statements by Collectors, of bonds delivered for suit. SEC. 3. And be it further enacted, That whenever any bond for duties shall be delivered to a District Attorney for suit, the Collector so delivering the same shall immediately give information thereof to the Solicitor of the Treasury, with a full and exact description of the date of such bond, the amount due thereon, and the names of all the obligors thereto; and the Solicitor of the Treasury shall thereupon make such entry thereof as that the said Attorney may duly appear chargeable therewith, until the amount thereof shall have been paid to the United States, or he shall have obtained judgment thereon, and delivered execution to the Marshal, or shall otherwise have been Statements by duly discharged therefrom: and the several District Attorneys Dist. Attorneys, of the United States shall, immediately after the end of every of Suits pending and decided. term of the Circuit and District Courts of the United States in Domparison of Statements, and report thereon. Coll'r to send account of bonds in suit. Statements of suits for fines, seizure, &c their respective districts, forward to the Solicitor of the Treasury a full and particular statement, as well of all cases in which the United States are party, which are pending in said courts, as of those which may have been decided during such term, accompanied by a certificate of the clerk of such court; and it shall be the duty of the Solicitor of the Treasury to make constant and strict comparisons and examinations of the said returns of the District Attorneys, and of the reports made by the Collectors of bonds delivered to the Attorneys for suit; and if it shall appear that any Collector shall make return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or shall return any bond as in suit, for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the Solicitor of the Treasury shall, immediately upon discovery thereof, communicate the same to the President of the United States; and it shall further be the duty of each Collector to accompany his return for the last quarter of every year with a particular account of bonds in suit, stating the amount actually unpaid on each; and to the truth of such account he shall certify on oath. SEC. 4. And be it further enacted, That when any suit or action for the recovery of any fine, penalty, or forfeiture, shall be instituted or commenced, a statement of such suit or action |