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such proclamation, or other regulations which the president may establish in the premises, cause such alien to be duly apprehended and convened before such court, judge, or justice ; and after a full examination and hearing on such complaint, and sufficient cause therefor appearing, may order such alien to be removed out of the territory of the United States, or to give sureties of good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which may be so established, and may imprison, or otherwise secure, such alien or aliens, until the order which may be made, shall be performed.(1)
1111. The marshal of the district in which any alien enemy shall be apprehended, who, by the president of the United States, or by order of any court, judge, or justice, shall be required to depart, and to be removed, shall provide therefor, and execute such order, by himself or his deputy, or other discreet person or persons, to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal, the marshal shall have the warrant of the president of the United States, or of the court, judge, or justice, ordering the same.(2)*
(1) Act July 6th, 1798, sec. 2.
(2) Ibid. sec. 3.
• The property of alien enemies is liable to confiscation jure belli and their civil capacity to site is suspended.-Fairfax v. Hunter, 7 Cr. 603. Such alien cannot sustain suit in the courts of the United States if the alienage be properly pleaded. -Mumford v. Mumford, 1 Gall. 366. But if an alien plaintiff become an enemy, after obtaining judgment in the circuit court, the supreme court may, on a writ of error, affirm the judgment.–Owens v. Hanney, 9 Cranch, 180.
Title acquired by an alien enemy is not divested until office found.-Craig & Al. v. Radford, 3 Wh. 594.
An alien may take an estate in lands by the act of the parties ; but he cannot take by the act of the law, as by descent.–Or v. Hodgson & Ux. 4 Wheat. 453.
When a person dies, leaving issue, who are aliens, they do not take as his heirs at law, but bis estate descends to the next of kin, who has inheritable blood, as if such alien issue did not exist.-Or v. Hodgson & Ux. 4 Wheat. 453.
British subjects, born before the revolution, are equally incapable, with those born after, of inheriting, or transmitting the inheritance of lands in the United States. The treaties of 1783, and 1794, only provide for titles existing at the time those treaties were made, and not to titles subsequently acquired.-Blight's less. v. Rochester, 7 Wheat. 535.
The title of the heirs of an alien and a British subject, who came into the United States subsequent to the treaty of 1783, and before the signature of the treaty of 1794 died, seized of lands—is not protected by those treaties. Blight's less. v. Rochester, 7 Wheat. 535.
The treaty of 1778, between the United States and France, allowed the citizens of either country to hold lands in the other.—Chirac v. Chirac, 2 Wheat. 259,
The act of July 6th, 1798, having authorized the president to direct the confinement of alien enemies, necessarily conferred all the means for enforcing such orders as he might give in relation to the execution of those powers. The marshals are the proper officers to execute such orders. After the president had established such regulations as he deemed necessary, it was not necessary to invoke the aid of the judiciary on all occasions, to enforce them, and the marshal may act without judicial authority. The law was designed to make the judiciary auxiliary to the executive in effecting its great objects, and each department was to act independently of the other, except that the former was to make the ordinances of the latter, the rule of its decisions.-Lochington v. Smith, 1 Peters, C. C. R. 466.
OF THE PUBLIC DOMAIN.
OF STREAMS NAVIGABLE AND INNAVIGABLE.
Art. 1112. Navigable rivers and streams (through the domain of the United States) shall be and remain public highways.(1)
(1) Acts May 18th, 1817, sec. 9–3d March, 1803, sec. 17–26th March, 1804,
* The domain of the United States consisted-1. Of the country acquired under the treaty of 1783 with Great Britain.
2. Of the triangular tract on Lake Erie, granted by the state of New York (pursuant to an act of the state, 19th February, 1780, and since purchased by Pennsylvania,)“ for the use and benefit of such of the states as are or shall become parties to the confederation."
3. of the territory conveyed 1st March, 1786, formerly within the limits of the Virginia charter, lying north-west of the river Ohio, to be considered, after certain reservations, “ as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation, or federal alliance of the said states, Virginia included, according to their usual respective proportions in the general charge and expenditure.
4. Of the tract of country ceded by Massachusetts, 19th April, 1785, formerly within her chartered limits, "to the uses in a resolve of congress of the 10th Oct. 1780, mentioned."
5. Of the cession from Connecticut, 13th Sept. 1786, and 30th May, 1800, “for the common use and benefit of the United States, Connecticut included,” of lands formerly within her charter.
6. of the country formerly within the limits of South Carolina, conveyed 9th August, 1787, “for the benefit of the states."
7. Of the cession from North Carolina, made 25th Feb. 1790, “ for the benefit of the states."
8. Of the cession from Georgia, 24th April, 1802, “as a common fund for the use and benefit of the United States, Georgia included."
9. Of the territories released by the various tribes of Indians.
11. Of the territories of East and West Florida, as ceded by Spain, 220 February, 1819.
12. And lastly, of the District of Columbia, granted for the seat of government by the states of Virginia and Maryland.
We have given of the land laws such portions only as are general in their character, and have still a prospective operation. We have omitted the acts, treaties included, by which the domain was acquired, as having been executed; the acts, providing for the settlement of claims in the territory formerly Louisiana, and in Florida, and elsewhere, as having been in a great measure spent, and being more of the nature of titular documents than of general laws; the acts granting special declarations of lands, in the new states, whether to the states, to corporations, or individuals, such acts having been principally executed, or the obsolete and executory matter being so blended that it cannot be separated.
To have given every part of the land laws which is in force, we must have given almost all the land laws enacted since the adoption of the constitution, a large proStreams not navigable, having the opposite banks owned by different per. sons, shall have their beds and waters common to both.(1)*
PROVISIONS AGAINST ILLEGAL OCCUPANCY OF LANDS.
Penalty on persons occupying certain lands-removal
1113 Duty of marshal-occupant subject
to fine and imprisonment 1114
Jurisdiction when such lands are without a state, &c.
1115 Indian agents to perform duty of marshal-when
Art. 1113. If any person shall take possession of, or make a settlement on any lands ceded to the United States, by treaty with a foreign nation, or by cession from any state, which lands shall not have been previously sold, or leased, by the United States, or the claim to which by such person shall not have been previously confirmed by the United States : or if any person shall cause such lards to be thus occupied, taken possession of, or settled ; or shall survey or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorized by law; such offender shall forfeit his right, if any he have, to such lands. The president of the United States may direct the marshal to take such measures, and to employ such military force as he may judge necessary and proper, to remove from such lands any person who shall hereafter take possession thereof, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim, (1) Acts May 18th, 1817, sec. 9—3d March, 1803, sec. 17—26th March, 1804,
portion of which are not in force, because we cannot separate effectively the dead from the living passages. This is rendered unnecessary, since the land laws are published from time to time by the proper department, in a separate volume, and are thus rendered readily accessible to those interested in them.
The laws establishing the several land districts and offices, and prescribing the duties of the officers engaged in the survey and sale of the public lands; those which establish general pre-emption rights; those which direct the mode of sale of lands; those which provide for the relief of purchasers, and those which grant lands for military services, being general in their character, and interesting to citizens in every part of the Union, we have carefully given.
• The navigable waters in the state of Ohio had been declared public highways by the acts of 18th May and 1st June, 1796. And by the ordinance of 13th July, 1787, it was already made an article of perpetual compact, that “the navigable waters, leading into the Mississippi and St. Lawrence, and the carrying places, should be common highways, and for ever free,” &c. The navigable rivers and waters in the territories of Orleans and Louisiana, are made public highways by the act of the 3d March, 1811; the Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, are made common highways and for ever free, &c. by compact with the state of Louisiana, irrevocable without the consent of the United States, by acts of the 20th February, 1811, and 8th April, 1812, as also by a fundamental provision in the act of the 1st March, 1817, "to enable the people of the western part of the Mississippi territory to form a constitution and state government,” &c.; and the Mississippi and Missouri rivers, and the navigable waters running into them, and the carrying places between them, are made common highways by the act of the 4th June, 1812, “providing for the gov. ernment of the territory of Missouri.”
forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings : Provided, That nothing herein contained shall be construed to affect the right, title, or claim, of any person to lands in the territories of Orleans or Louisiana, before the boards of commissioners established by the act, entitled, “ An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans and the district of Louisiapa,” shall have made their reports, and the decision of congress been had thereon.(1)
1114. The proper marshal, under such instructions as may, for that pur. pose, be given by the president, may remove from the lands aforesaid, every person who shall be found thereon, and who shall not have obtained permis. sion to remain thereon, pursuant to 2d sec. act 3d of March, 1807 : Provided, That three months' previous notice shall be given to persons
who are settled on such lands prior to the 3d March, 1807. And every person who shall, at any time after the expiration of three months after such notice shall have been given, be found on any part of such lands aforesaid, shall, moreover, incur a penalty of one hundred dollars, to be recovered in any court having jurisdiction thereof, and be, moreover, liable, on conviction, to imprisonment, at the discretion of the court, not exceeding six months; and the certificate of the proper register or recorder shall be a sufficient evidence that the tract of land which was occupied by the offender had not been previously sold, leased, or ceded by the United States, that the claim to such tract had not been recognised and confirmed by the United States, and that the person occupying the same, and removed, or to be removed, by the marshal, had not obtained permission to remain thereon, in conformity with the provisions of law.(2)
1115. All offences prescribed in the act, entitled, “An act to prevent settlements being made on lands ceded to the United States until authorized by law,” approved the third of March, one thousand eight hundred and seven, when committed upon public lands not situated within any state, or organized territorial government, shall be cognizable in the district court of the United States held in the state nearest where the said offence may have been com. mitted : and the offenders, upon conviction, shall be punished accordingly. And the said court shall also have jurisdiction to hear and determine all suits or prosecutions instituted for the recovery of all fines and penalties imposed by the said act.(3)
1116. It shall be lawful for the president of the United States, to direct the Indian agents at Prairie du Chien and Rock Island, or either of them, when offences against the said act shall be committed on lands recently ac. quired by treaty from the Sac and Fox Indians, to execute and perform all the duties required by the said act to be performed by the marshals in such mode as to give full effect to the said act, in and over the lands acquired as aforesaid.(4)
(1) Act March 3d, 1807, sec. 1. (2) Ibid. sec. 4.
(3) Act March 2d, 1833, sec. 1.
OF THE SUBORDINATE LAND OFFICES.
For disposing of the lands of the United States, the following land offices have been established.
Of Land Offices in the State of Ohio.
1117 At Steubenville
1121 1122 1123 1124
Art. 1117. There shall be a land office established at Cincinnati, for lands below the Little Miami, (1) and for that tract of land to which the Indian title was extinguished by the treaty at Fort Wayne, 30th September, 1809, and lying west and adjoining to the boundary líne established by the treaty of Greenville.(2)
1118. One at Chilicothe, for lands east of the Sciota, south of the lands appropriated for satisfying bounties to the late (revolutionary) army of the United States ;(3) and for so much of such military lands as lie west of the eleventh range of townships within the military tract,(4) and for so much of the tract of land set apart refugees from Canada and Nova Scotia, by act of 18th February, 1801, which has not been located by such refugees.(5)
1119. One at Zanesville, for lands within such eleventh range, and east of it, within such military tract, and for all the lands north of the Ohio Com. pany's purchase west of the seven first ranges of townships, and east of the district of Chilicothe.(6)
1120. One at Marietta, for the lands east of the sixteenth range of town. ships, south of such military lands, and south of a line drawn due west from the north-west corner of the first township of the second range to the said military lands.(7)
1121. One at Steubenville, for the lands north of the last mentioned line, and east or north of the said military lands.(8)*
1122. One at Wooster, for lands situated between the United States' military tract and the Connecticut reserve ;(9) and for all that tract of land lying between the foot of the rapids of the Miami of Lake Erie and the western line of the Connecticut reserve, in the state of Ohio, which was ceded to the United States by certain tribes of Indians, at a treaty concluded at Brownstown, in the Michigan territory, on the 25th November, 1808.(10) +
(1) Act 10th May, 1800, sec. 1.
(7) Act 10th May, 1800. (2) Act 30th April, 1810, sec. 1.
(8) Ibid. (3) Act 10th May, 1800, sec. 1.
(9) Act 3d March, 1807. Act Feb. (4) Act March 30, 1803.
25th, 1811. (5) Act 29th April, 1816.
(10) Act Feb. 4th, 1815, sec. 1. (6) Act 3d March, 1803. . The description of the districts of Marietta and Steubenville is that originally given by the act of 10th May, 1800. They have been altered by the formation of the district of Zanesville above described.
Under the act of 1807, the office for this district was established at Canton: the president was authorized to change its place by act of February, 1811.