... ' ! 1 - . - . ;, . - . . j. , -. . - . - .
VOLUME V.
NEWBERN, N. C. SATURDAY, APRIL 20, 182.
NUMBER. 213.
f, ntED jlnd published weeklv, by
.
3 per annum half in advance.
(BV A'JT.IIOKIT-V.)
S ACT for the establishment of a
territorial government in Florida.
7?p it enacted Bv the Senate and
j ne of Representatives of the Uni
. j v-. ,ts rf Anerica in C mj resists-
That all the. territory ceded
i?Jrl . ,T . , .
by Lviin Ui 1,1 - Usiite-I Stat.s, kno.vn
l . j L n i ne f f-vist and West Flori-
di; villi constitute a territory of the
UnMl t.tes, u" !er the name of the
icr irjrv of Flori 1 , the government
w s'l dl be organized and ad
xb: -KiWre 1 a follows :
vc. Ai l he it further ena-ted,
TiU tii e.Xt'CUtive power shall be
ver..l in a Governor, wh shall re
si i-i tiu sii l territory, and hold
hi o.Dm d iring the term of three
veir ualess sooner re nved by the
'r'. 1 m: of the Unite i antes, lie;
s n ! bef co:nm nder in chief of the
ii i iiif tlie said territory, and be,
ev fkio, superiniendanl to Indian af
and sh.ill have poAer to graut
Oirlms for oll'iices against the. said
i:or,and leprieVes for those a .
Jiiut the United States, u.itir tne
djciM Vi of the President of the Uni-
te
I Stales thereon shall be m.ide .
k invn; and to appoint and commis
S i I1 olficers civil and of the inii
fj. whose appointments are not here-i-i
otherwise pnvid-d for, and V d.h
snli bo established by law: he shall
Me care that the laws be faithfully
ciecuted
Sec. 3. And be it further enacted,
That a Secretary of the territory shall
a1 so be appointed, wh shall hold his
olice during the term of four years,
unless sooner removed by the Presi
dent of the United States, whose duty
it shall be, under the direction of tiie
Governor, to record aad preserve all
t!i pipers and pioceediiiirs of the
Executive, and all the acts of .the
Goverimr and Legislative Council, and
tra-niiiit autheutictic copies of ijie pro-
cenJiiirs of the (JoVernor, . in his Kx
ccjiive Department, every six months
U i!ie President of the United States.
Si-c. 1. And be it further enacted
l.Mt, in case of the death, removal,
t lignariou, or necessary abence ot
t':e (Tn-ernor of the said .Territory,
Secretary thereof shall be, and lie
is hfieby authorized and required, to
execute aU the powers, aiid perform
all tae d nies, of the Governor, du
na,T tiie vacancy occasioned by the
re-ii 'Vil, resignation, or necessary ab
ience, of the said Governor.
ec. 3. And be it further enacted;
Tutt!,e legislative power shall be
Sealed in the Guvernor, and in thir
teen ot tne most fit and discreet per
ils of the territory, to be .called the
L'cisi'ative Council, who shall be ap
pMUeil annually by t!te President of
te Tnitd Smtes, by and with the ad
ice ami consent of the Senate, front'
i.ini:rV citizens of the United States
feswj,,,. there. The Governor, by
al wah f!,. id vice and consent of
i m l Le;i,ative Council, or a ma
J 'nty of thciii, shall have power to al-
r" "'hfv, or repeal, the laws which
13 1 be in force at the commence-
of this .,ct. Their legislative
Prs shall also extend to all the right
U Ejects of legislation ; but no law
v:iii.l which is inconsistent
the constitution and laws of the
. ''' .1 States, or which shall lay any
rn under restraint, burthen, or dis
.''.v account of his religious o
v.n,1llS professions, or worship ; in
- .ch iie.shalf be free to maintaiiii
.10n!, and notburthened with those
J! ano'her. The Governor shall pub.
jlarciihout the said territory, all
4;'., "s sall be made and
ce-hnor b'-,ort; l,ie first day of.De
'.'! r 'n t'tich year, report; the same
j-''rpsident'of the United States.'
(..1'1!tl hefore Gongres5, which, i
f?lOVed b-v Congress, shrill thence-
of no force. The Governor
F-)ei:'$'at've Council slrall have no
f. r.,0ver lne primary disposal of
' y ". nor to tax the lands of the
fl.'1 'NUlei nt to interfere with the
" to lands within the said terri-
. . . MM. 9) t1 l
toryrthe Legislative Council shall
hold a session oncej in each. year, com-
' n . . . I. ,
i luciani- us nisi sesiuii uu me ctuiiu'
Monday in June next, at. Peusacola,
j and continue in session not longer than
J two months ; and thereafter on the
urst Monday in .May in each and ev
ery year, but shall not continue Ion
j ger than four weeks, lo be held at
such place in said territory as the Go
vernor and Council shall direct : It
j shall be the duty o the Governor to j
i obtain all the information inhis now-
. ;i
er in relation to th? customs, habits,
and dispositions, of the inhabitants of
the said territory, jand communicate
the
same, from time to. time, to the
President of the United States.
Sec 6. And be U further enacted,
That the iuJiciaf power shall be
,.; !
vested in two superior courts, and in
such inferior cuu ts and justices of the
peace, us the legislative council of the
territory niiy, Ironij tune "to time, e-
..Ki:.K 'fi ..l.lll u-
iiu!i.mj. i ucir anaii oe H superior,
court lor tnat parr, oi the tenitory
known a- fclast Florida,- to consist of
one judge ; he: shall Moid a court on
. .
the firt M O'lavs id Jauuarv, April,
.Inly, and October, i in each veai, at
St. Aujustine, and at suai ot'ier times
anil places as the legislative council
shall direct. There: 'shall, be a supe
lior court for that part of the territory
knOkVn as Vest Florida, to consist of
one judge; he shall hold a court at
Pe iacoia on the. first Mondays in
Januiry? April, Julyj, and Octoner, in
each year, and at such other times
and places as the legislative council
shall direct. VVuhnj its iimils, herein
desciibed, each courf shall h ive jmis
lJictivn in aP capita!'- :ases and original
juisdiction i i all civ rases or t;eval-
ueol one hundred d
II
a is. arisn. ; n 'er
ana cognizable by, die awsol territory,
t
mv ""ce tnerem, or which may,
at any time, beeriacted bv the leyisla
tire council thereof. Kach j-idge shall
appoint a clerk, for his respective
court, vviio shall reside, respectively,
at St. Augustine and Pensac la, and
they snail keep the records there.
."Each clerk shall receive for his servi
ces, in all cases arising under the ter
ritorial la vs, such fees as may be es
tablished by the legislative council.
Sec J. And be it further enacted,
That each of the said superior courts
shall moreover have and exercise the
same jurisdiction within its limits, in
all cases arising under, the laws and
consfiiuliou of the ' 'United States,
which, by an act to establish the judi-
ca',PVwer f 'he United States ap-
proved the twenty-fourth day of Sep
tember one tiiousand seven hu idred
and eighty-nine; ancl an act in addi
tion to the act, entitle) An act to
establish the judicial courts of the
United States," approved the second
day of March, one jhousand seven
hundred and ninety-three, was vested
in the court of the Kentucky district.
And writs of error and appeal from
tlie decisions in tiie said superior
court', authorized by this section of
this aci, shall be made to the supreme
court of the United 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 I
in ait cases arising under the laws
and constitution of the United States,
the same fees which the clerks of the
Kentucky district received for similar
services, whilst the o urt exercistd
the powers of the ciicuit and district
rouits There .thai! be appointed, in
the said territory, two persons learned
in the law to act as attorneys for the
United States as well bs fo the terri
tory ; one for that pari of the territo
ry known ;.s Last Honda, the other
lor that part of the tenitory known as
West. Florida, f o each of whom, in ad
dition to his stated fees shall be paid
annually, two hundred, dollars as a full
compensation for all extra services.
There shall also be appointed two mar
shals, one for each ofi the said supe
rior courts, who shallieach, perform
the same duties, be subject to the same
regulations and penahies, and be en
tilled to the same fees,jto which mar
shals in other districts.are entitled for
similar services ; andfsh&ll,. in addi
tion, be paid tile sum pf two hundred
dollars, annually, as a
compensation
for all extra services.
Sec. S. And be it further enacted,
That the governor, secretary, judges
of the superior courts! district attor
neys, miishah, and a 1 general offi
cers of the militia shall be appointed
bv the President of the.United States,
by and with the adv ice 'and consent of
the Senate All judicial officersshall
hold their office for the term of four
years and no longer. Thetiovernor,
Secretary, Judges, members of the
I I I I T ! .1
Legislative council. Justices 01 me
Peace, and all other officers, civil am
of the militia, before they enter upon
the duties of their respective offices."
- shall take an oath or affirmation to
- j support the constitution of the United
rStates, and for the faithful discharge
ot the duties of their otfice ; the Go
vernor, before the President of the
United States, or before a Judge of
the supreme or district court of the
JJnited States, or before such other
person as the President of the United
States shall authorize to administer
the same; the -Secretifrv. Jude'es. and
members of the. Legislative (Council.
before the Governor;' and all other
officers, before such persons as the
Goernor shall direct The Govern-
j oc shall receive an annual salary oi
! two thousand five hundred dollars:
j the secretary tme
,1.. II I
thousand jive hun
the Judges of one
u: uuii.Mjj fiuu
thousand five hundred dollars each,
to be paid quarter -yearly out of the
Treasury of the United States. The
I Members of the Legislative Council
&had receive three dollars . each, per
day during heir attendadce in coun
cil, and three dollars for every twen
ty milts in going to, and returning
from, any meeting of the Legislative
Co.jnod, once in each session and no
mote. The members of the Legis
lative Council shall he privileged from
an est, except in cases of treason, fel
ony, and breach of the peace, during
their going to, atfendrince at, and re-'
turning from, each, session of said
Council.
Sec. 9. And be it further enacted,1
Tli3t the -following ids, that is to say :
"An act for the punishment of cer
tain crimes against t'le United States,
approved April thirtieth, one thou
sand seven hundred and ii::iev, and'1
a,ll acts in addition, or supplementary
thereto which is now are in force.
" An act for the punishment of
crimes and offences committed within
the Indian boundaries, approved
Maic.h third, one thousand eight hun
dred and seven! en :' ;
A u act in addition to the act.for
the punisnment ot cerla n crimes a-
gainst the United Mates, and to repeal
the acts therein mentioned, approved
April twentieth, one thousand eight
hundred and eighteen
' " An act for the punishment of
crimes therein specified, approved
Jaiiuary thirtieth, one thousand seven
hundred and ninety-nine
4i An act respecting fugitives from
justice, and persons escaping from the
service ot their masters, approved
February tweifth, one thousand seven
hundred and ninety-three -
,f An aetata prohibit the carrying
on the slave trade from the United
States to any foreign place or country,
approved March, twenty-second, one
thousand seven hundred and ninety-'
nine .
An act in addition to the act, en
titled An act to prohibit the carry
ing on the slave trade from the United
States to any foreign place or coun
try, approved May tenth, one thou
sand eight hundred ;"
(i Theact to prohibit the importa
tion of slaves into any port or 'place
within the jurisdiction of the United
States, from and after the hrst day of
January, in tiie year of our Lorujohe
thousand eight hundred and eight, ap
proved March second one thousand
eight hundred and seven
i An act to prevent settlemements
being made on lands ceded 10 the
United States, until authorized by law,
approved March third, one thousand
eight hundred and seven;:' ,
6 An act in addition to f An act to'
piohibit the importation of jdives into
any port or place within the jurisdic
tion of the United States, from and
after the first day of January, in the
yea' of our Lord one thousand eight
hundred and eight, and to repeal cer
tain parts ; of the same, approved
April twentieth, one thousand eight
hundred and eighteen 1"
k An act in addition to the acts pro
hibiting the slave trade, approved
Murch thiid, one tiiousand eight hun
dred and nineteen
An act to establish the post office
of the United States
" An act further to alter and estab
lish certain post roads, and for the
more secure carriage of the mail of
the United jStates:"
" An act'for the more general pro
mulgation of the-lavs of the United
States:" " '
" An act in addkion to an act, en- I
titled 1 6 An act for the geueral pro-"
muglation of the laws of the Uuitetj
States , '
4 An act to provide for the publi-
cation of the laws of the United States
and for other purposes'." I ;
." An act to promote the progress
of uselul arts, and to repeal the act
leretufore made for that purpose
"An act to extend the privilege of
obtaining patents for Useful discove -
ries and inventions to cei tain, persons
iherein mentioned, arid to enlarge a.id
feline the penalties for violating the
rights' of patentees
4 An act for tiie eneoyragement of
learning, by. securing the copies of.
maps, charts, and books, to the au
thors and proprietors of siich-copies,
during the time therein 'mentioned
.u The act supulemenlary ihereto.
nrid for extending the" benefits' thereof i
?o the arts of designing, engraving, and
-n-juog insioncai ana oilier prints :".
au act 10 preset me tne- mode in
which the public acts, records, and
muiciai proceetungs, -in eacn state.
mail be autlienticalAI, so as to take and his party, iduribg the last simfmer.
ftfiect in any other state ;'' Mr: Scolci at forwarded a copy of
"An act supplementary to the act, his memoir to! e;.di of ihe Lx-lVesi-entitled
4 An act to prescribe the dents of the United 'States, and re
mode in which the public acts, rec-N ceived in reiujii ihe following notes,
ords, and judicial proceedings, in each which we are permitted to publish r-
state, shall be acknowledged, so as to
take 'effect in any other state ;"
" An act for establishing trading-
houses, within the Indian tribes, and
the several acts continuing the same ;"
ii An act making provisions relative
to rations for Indians, and their visits
to the seat of government :r
4 And the laws of the United States
relating to the revenue and; its. collec
tion, subject' to the modification stipu'
iaied by the fifteenth article" of the
treaty of the twenty-second iFebruary,
one thousand eight hundred and nine,
in favor of Spanish vessels land their
cargoes, and all, other public laws of
the United States which are not re-'
pugnant to the provisions of this act,
shall extend to, and have full -force
and effect in, the territory aforesaid.
Sec. 10. And be it further endeted,
That to 'the end that the inhabitants
may be profecledin their liheity,
property, ancl. the exercise of their re
ligion,'no law shall ever be valid which
shall impair, or in any way restrain,
the freedom of religious opinions, pro
fessions, or "worship." They shall be
entitled to the benefit of the writ of
habeus corpus. They shali be baila
ble, in-all cases, except for Capital of
fences where the proof is evident or
the presumption great. All fines shall
be moderate and proportioned to the
offence; and excessive bail shall not
be required, nor cruel or unusual pun
ishments inflicted. To ex post tacto
law, or law impairing the objiiiation
of contracts, shall ever be )assed ;
nor shall private property be taken
(k public uses without just ! compen
sation f
; - See.il 1. And he irjutiher enacted
That all free male white persons, who
are housekeepers, and who shall have"
resided one year, at Jeast, in thesaid
territory, shalt be quamieu to tci as .
grand and petit jaiors, in the courts
of the said territory V and they shall.
Until the legislature thereof shall oth
erwise direct, be selected in siich man
ner as the judges of e said courts
shalj respectively presWt, so, as to
be most conducive tp an impartial tii
al, and to be least burtheriwme to. the
inHabitants of the -ad territory. !
See. 12. And be it further enacted,
That it shall, not be;"iawful ;lbr any
pirsoii or pers'uis to import, or bring
into the said territory, from any port'
cr place without the limits of the L'ui-
red States,! or cause to procure to be j
so imported or brought, or 'knowingly.!
to iid or
hi. i.1 ; ri ft
assist 111 si importing or
knv slave or slaves. 1 Anil;
eycry person so offending, and being .,
thereof cenv cted before any court way ()f COl,iment on U,. Frank
withitt the said territory, hiving com i jjn?s .."amons -argument aqainst a u;x
petent jurisdiction, shall Aneit and j ej .. g,! niuent. T hat great ' man
pay, far -each and every slave so im- ro0,i not 0 have quoted this as u
ported or brought, the -sum of three : j.;nt,aj custom,. -because it w as
hundred dollars, one moiety for the foalish -practice before New L.ng
use of the United States, and the other j an(j exiej ad is a happy illustia
ntoiety for the use of the persons or tion ot the necessity of a balanced
persons wH5 shall sue for the same ; , vtrnnlt;nt A'nd since I have men-
and every slave so imported or brought,
shall receive his or her freedom, r
Sec. l: And beit further enacted,
That the laws ir force in the said ter
ritory, at the commencement- of this
act, and not inconi-stent with the pro
visions thereof, shall continue in force
until altered, modified, ot repealed,
by the legislature.
Sec. 14. And be itjuriner enaciea,
That the crfoens of the said territory
shall beentilled to one delegate lo
Congress, for the said territory, who
shall possess the same powers hereto-
fore granted to the delecatfs fiom the.
several lenitories of the Un.ted States.
The said delegate xhall be elected by
such description of persons, at sucli
times, and under such rceulations, as
the governor am1, legislative coui;cil
may,, from time to time, ordain and
direct, i J
PHILIP P. HAH HOUR,,
i i . Speaker of the House of Repie
! ' sei:tatives t-- '
' l " JOHN (fAILLAD,
Prident of tlie Senate pro tempore.
Washington, March 30, 1622.
'ApQroved :
JAMES-MONROE'.'
INTERESTING TliAlTS OF
CHAUACTEK.
From ike iVr-lorA Statesman.
Some- time since,, we inserted an
extract from
an interesunc nit moir,
lately drawn up by, Mr. SchooJci.att,
on the Fossil Tree, fcrmd in the liver
IJes v h.. vK ;. . C..nYVt.
" ilONTIZlLI.O, T ru JAN.
u Sir : 1 thai.k vu ftir your memoir
on the Fossil Tree, which isveiy well
wnuen,; and the ci.njectuies on the
"process of nature in . jirodncing it, ure
-plausible and probable. It is tlie inosi
remm kubie exempl'fication of petri
faction tint I Have ever met with, thof
1 .have seen many that I thought curi
ous. .l onc la -a week wind-bor,d
in Portland Koads, in Lnc;Iand, n.d ,
vyent often ashore, and ascended tin;
nionntain, -ironi whence they eel all
the Portland stone, which are" soniu h
ejnployed in building. In a mornini:
walk wiiu some of lhetAnierican pas
seugers " from the Lucre ia, .Captain '
Callehan, we passed by a handsome
houe at the foot of the hill, with a
handsome front yard before it. Ufv-'
on the top of one of the posts of this
j jard, lay a fish, coiled up in a spiral.
Iigure, which -caught my eye. 1 topt
and gazed at it with some ..curiosity -presently
a persou in the habit anil
appearance of a substantial well-bred
English gentleman, appeared at hi
dour, and. addressed me ; ' Sir, ' I
perceive your attention is fixed upon
my fish! '1 hat is a, conger eel, a spe
cies that abounds ii. those seas. f Vc
see theiii repeatedly at the depth of
12 feet water lying exactly, in that '
posture. This stone, as. it now ap
pears, was dug up from the bowels'
of this mountain, at tjie depdi of 12
feet beiowthe surface, in tlie midst
of the rocks? iow, sir," said he at
the time of the deluge, these neigh
boring, stus: were thrown up into that '
mountain, ar.d this .fish lying at the
buttom, was thrown up ith ihe rest,
"ritl ,hen Dellrifi;d ;n ,i,-e verv n,,s.
turi? ilvui,ici, jt J;,v. was charmed V
1, elofiiiei.ee of this 'philosopher, 1
HS wt,j as Wtl his civility, " and said,
(hat j coulJ ,)ot acconnl tor lhe ,)hr.
noinenon by ariy more plausible, or
satisfactory . hypothesis rl his is, a
lofty hill and veiy t.cep, and in the
"road, up and dow'tr theie are ll.it and
smooth rocks of considerable extent.
The commerce in P.ortlandstone Ire- .
quently calls for huge masses from
H) to lb tons weight. T hese are loa
ded on very strong wheel-, and drawn
by J O or J I pair of horses. When '
they conie to one nf the Hat rock
on the side of the hill, where, the de
scent is steep they take off 6 or 8 pair
of horses and atiah rheni behind, the
0,, and lash them up hill, ,while
6nror tASO P;nr of holes' in front have
fv.,if..,r ,hP wavon and its-load and 6
. o iJO?JRCS behind it back
iWrti3 J give you this history
tidned Dr. Franklin, 1 will relate a
nother fact which I had - from his
mouth. When he lived at Pasy, a uw
quarry of stone was opened at thtdepih
20 feet was found anions the rocks a
shark's tooth, in perfect preservation,
which, I suppose, my Poilland fritiid
would account for as he did lii" cooler
eel, though the tooth was not petriljeil.
''Excuse this whimsical letter, ac
cept my repeated thanks for your me
rpoir, and believe metobe,yinj obliged
friend and humble seivant,
"JOHN ADAMS7
.1. 1
t. i.-
f