506

TWENTY-SECOND CONGRESS. Sess. I. Ch. 72, 74. 1832.

Payment ofthe claimsoftheCherokees forimprovements.

Statute I.April 20, 1832.

District attor-ney authorizedto suspend pro-ceedings, &c.

Act of May 26,1824, ch. 173.

Act of May 8,1830, ch. 90.

Proviso.

Proviso.

Proviso.

Lands to bewithheld fromsale.

Statute I.May 5, 1832.[Obsolete.]Appropriations.

For payment of the claims of the Cherokees , for improvements aban-doned under the treaty of eighth July, one thousand eight hundred andseventeen, and the convention of twenty-seventh February, one thousandeight hundred and nineteen, four thousand five hundred and sixty-eightdollars.

Approved, April 20,1832.

Chap. LXXII .—An Act providing for the postponement of the trial of certaincases now pending in the superior courts of Arkansas territory, and for with-holding from sale or entry certain lands in said territory, (a)

Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That the district attorney ofthe United States for the territory of Arkansas be, and he is hereby, au-thorized and required to postpone until after the expiration of the nextsession of the Supreme Court of the United States , all further proceed-ings in any case which has been tried, or now is pending for trial, in thesuperior court of the territory of Arkansas , upon which bills of reviewhave been filed in said superior court on the part of the United States ,under the provisions of an act, passed May the eighth, one thousandeight hundred and thirty, entitled “ An act for further extending thepowers of the judges of the superior court of the territory of Arkansas ,under the act of the twenty-sixth day of May, one thousand eight hundredand twenty-four, and for other purposes.” Provided, however, thatnothing in this act shall be applicable to any of the aforesaid cases nowpending for trial on appeals in the Supreme Court of the United States :And provided also, That nothing herein contained shall prejudice therights of any of the parties: Provided, also, That no extra compensationshall be allowed said judges until after the termination of the next termof the Supreme Court of the United States , after which the judges shallproceed to dispose of said cases under the provisions of said acts, andthen be allowed the additional compensation from said time, until thecases are disposed of, or tried, by the said courts of Arkansas .

Sec. 2. And be it further enacted, That the President of the UnitedStates shall cause all the lands, the titles to which are involved in, or de-pendent upon, the trial of said bills of review, which are claimed bypurchasers after the rendition of the original judgment, to be withheldfrom sale until the further order of Congress .

Approved, April 20, 1832.

Chap. LXXIV .—An Act making appropriations for the support of governmentfor the year one thousand eight hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That the following sums be,

(a) Under the provisions of the act of Congress , passed 26th May, 1824, ch. 173, proceedings were in-stituted in the superior court of the territory of Arkansas , by which a confirmation was claimed of a grantof land alleged to have been made to the petitioner, Sampeyreac, by the Spanish government prior totheir cession of Louisiana to the United States , by the treaty of April 3, 1803. This claim was opposedby the district attorney of the United States , and the court, after hearing the evidence, decreed that thepetitioner recover the land from the United States. Afterwards the district attorney of the United States ,proceeding on the authority of the act of Congress , May 8, 1830, filed a bill of review, founded on theallegation that the original decree was obtained by fraud and surprise; that the documents produced insupport of the claim of Sampeyreac were forged, and that the witnesses who had been examined to sus-tain the same were perjured. At a subsequent term Stewart was allowed to become a defendant to the billof review, and filed an answer, in which the fraud and peijury are denied, and in which he asserts thatif the same were committed he is ignorant thereof; and asserts that he is a bona fide purchaser of theland, for a valuable consideration, from John J. Bowie, who conveyed to him the claim of Sampeyreac, bydeed, dated the 22d October, 1828. On a final hearing the superior court of the territory of Arkansas ,being satisfied of the forgery, perjury, and fraud, reversed the original decree. Held, by the SupremeCourt of the United States , that those proceedings were legal, and were authorized by the act of May5, 1830, ch. 90. Sampeyreac v. The United States , 7 Peters, 222.