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Full text of "The Public and General Statutes Passed by the Congress of the United States ..."

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THE 
PUBLIC AND GENERAL 

STATIJTES 

PASSED BY THE CONGRESS OF THE 

UNITED 'STATES OF AMERICA. 

FROM 1837 TO 1847 INCLUSIVE, 




ABBANGfED IN CHRONOLOGICAL ORDER, WITH KiRGINAL REFERENCES. 

nura a oovmrvATioa of thb laws publdbsd unmni thb nrtnonoir or 

JOSEPH STORY, 

oni'QP TBS ivmoaa ov tbx oufbxmx ooubct ov tbb tnnzsD staiml 



SDITBD BT* 

GEORGE SHARSWOOD. 



PHILADELPHIA: 
T. & X W. JOHNSON, LAW BOOKSELLERS, 

No. 197 CHESTNUT STllEET. 
1848. 

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L 905«i 



Entered, according to the Act of Congress, in the year 1848, 

Bt T. & J. W. Joursov, 

Ib the Clerk's Office of the District Court of the Eastern District of PennsjrlTama. 



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ACTS OF 



THE TWENTY-FIFm CONGRESS 



OP THE UNITED STATES. 
VOL. V. 



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ACTS OF THE TWENTY-FIFTH CONGRESS ^«^- 



or 



THE UNITED STATES ; 

Pasted at the Fir»t S»$$ion, iokieh.'ieas begun and held at the 
Cihf of Washington^ in the Disttid df. Columbia, on Mon- 
day, the fourth day of September, one4K$upand eight hun- 
dred and thirty-seven. 

* 

Mabtxii Vast Bu^bn, President. Richard M. JMj/b09,. Vice 
President, aod President of the Senate. James K'/P^K 
Speaker o( the House of Representatives. ' '; /.' 



CHAP. 1. An act to postpone the fourth iastaUment ofdeposite with the 

States. 

^1. Beit enacted by the Senate and House of Repreaenta* 
twee of the United States oj America in Congress assembled, 
That the transfer of the fourth installment of deposites directed 
to be made with the States, under the thirteenth section of the 
aet of June twenty-third, eighteen hundred and thirty-six, be^ 
and the same is hereby postponed till the first day of January, 
one thousand eight hundred and thirty-nine; Provided, ThRiiBtjS^]^. 
the three first installments under the said act shall remain on ''^^^' 
^epoeite with the States, until otherwise directed. by Congress. 
Jlpproved, OiAdber 2d, 1837. 

CHAP. 2. An act to authorize the issuing of Treasury Notes. 

^ I. Beit enacted, fyc, That the President of the United 
States is hereby authorized to cause Treasury notes for such to ca^^^*^?Lim' 
sam or sums as the exigencies of the Government may require, sLd^foVn^eT. 
iMit not exceeding, in the whole amount of notes issued, the sum SoM^Jf %°oiiS!!i 
of ten millions of dollars, and of denominations not less than JSSSSito uuS 
fifty dollars for any one note, to be prepared,' signed, and issued <^ 
in the manner hereinafter provided. 

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2638 1837 Chap. 1—2. . 

inSSSdliSd ^ ^2* -^^ *^ U further enacted^ That the said Treasury DOte§, 

^^hS^onof ^e^^^'^^"^^^ ^^ ^ issued by the first section of this act, shall be 

jSir? ^^ °°* reimbursed and redeemed by the United States^ at the Treasury 

thereof, after the expiration of one year from the dates • of the 

said notes respectively ; from which said dates, for the term of 

NotM to bear one year, and no longer, they shall bear such interest as shall be 

iS^'itmSSd on expressed upon the face of the said notes ; which rate of interest 

their ftce. ^^^^ ^^^^ Several issue of the said notes shall be fixed by the 

Secretary of the Treasury, by and with the advice and approba- 

Interest in no tion of the President ; but shall in no case exceed the rate of in- 

ease to exceed the . . ' -__, . , , • 

. rate of liz per tercst of SIX per coutum per annum. The reimbursement nerem 
^*^^ provided for shall be made at the Treasury of the United States 

to the holders of the said notes respectively, upon presentment, 
and shall include the principal of each note, and the interest 
which may be due thereon at t|ie:trrQe of payment. For this re- 
imbursement, at the time and .li^c^ herein specified, the faith of 
the IJnited States is herebgr. sptfininly pledged. 
noS to'^TS^ ^ 3- ^^^ *^ Ufurti^jtMcted, That the said Treasury notes 
•d by^ Tr»- shall bo prepared, ilnder'*{he direction of t)ie Secretary of the 
t^d«ned bv^^e Treasury, and 9ti».Wsigned, on behal( of the United States, by 
tSI^,'* ^^ the Treasurer Ui&redf; and countersigned by the Register of the 
toIcMlcSwS''^^®*®"^'.*'^ ^^^ those ofiicers respectively shall, as checks 
upon each other, upoa^^lum^tber, and to secure the public safety, keep separate, 
fulL'a^* accurate accounts of the number, date, denomination, 
/*jar\<a Amount of all the notes signed and countersigned by them 
./• "•fbdpectiVely; which said accounts shall be carefully preserved 
*V and placed on file in the Treasury Department ; and, also, simi- 
lar accounts, kept and preserved in the same manner of all the 
said notes redeemed, as the same shall be returned and canoel- 
to^^^Tquf^ led ; and the Treasurer shall further account quarterly for all 
'^^ such notes delivered to him for signature or issue by the Regia- 

^Th^TTMwurerter.' The Treasurer and Register of the Treasury are hereby 
derthe direcuon authoHzed, by aud with the consent and approbation of the Se> 
^ of the Trek!^ crctary of the Treasury, to employ such additional temporary 
pk^^£diU(^ clerks as the duties enjoined upon them by this section may ren- 
^^"^ , der necessary : Provided, Said number shall not exceed four, 

and with a salary of not more than at the rate of twelve hundred 
dollars to each per annum. 
of aS tJSSt, ^ 4. And, be U further enacted^ That the Secretary of the 
Sn^SS ^^- Treasury is hereby authorized, with the approbation of the Preai- 
^o^ ^"^d ^^°^ ^^ ^^^ United States, to cause to be issued such portion of 
notea^o be iaaa- the ssid Treasury notes as the President may think expedient, in 
debte to^h u payment of debts due by the United States to such public eredi* 
tibl^d^*'^^''^ tors or other persons as may choose to receive such notes in pay* 
•f^e t!S2S "^®'™^' ^^ aforesaid, at par. Alid the Secretary of the Treasury 
aothOTiTOdt Ac. is further authorized, with the approbation of the President of 
oedit of^'' the the United States, to borrow, from time to time, not under par, 
notea,Ae. g^^|^ ^^^^ ^ ^^^ President may think expedient, on the credit 
of such notes. 
^ 5. And be it further enaded, That the said Treasory 

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1837 Chap. 2. 8639 

notes shall be transferable by delivery and assignment endorsed f«!^bir^^^ 
thereon, by the person to whose order the same shall, on the JJJJ, ^ •***• 
face thereof have been made payable. 

^ 6. And be it further enacted. That the said Treasury notes The Twawry 
shall be received in payment of all duties and taxes laid by the c«iv?d in pa^^ 
authority of the United States, of all public lands sold by the ^^ ""^ p^uS 
said authority, and of all debts to the United States, of any phar- ^^^- 
acter whatsoever, which may be due and payable at the time 
when said Treasury notes may be so ofTered in payment. And ^ 

I !• » II I • r i /-On erery pay- 

on every such payment, credit shall be given for the amount of mem of Treasury 
the principal and interest which, on the day of such payment, Se^en lor ori^ 
may be due on the note or notes thus given in payment. Mt!^'!"^ ' 

4*7. And be it further enacted^ That any person making Penonamaung 
payment to the United States in such Treasury notes, into the SSted'^stateB^iD 
hands of any collector, receiver of public money, or other public T^^[{aSS^ 
officer or agent, shall on books, kept according to such forms *, 2!j^*^*JJj,^ 
as shall be prescribed by the Secretary of the Treasury, give du- cenificatea, ac. 
plicate certificates of the number and respective amount of prin- 
cipal and interest of each and every Treasury note thus paid by 
such person; and every collector, receiver of public moneys, or AndthecoUec- 
other public officer or agent, who shall thus receive any of the ^: """t^l^Si 
said Treasury notes in payment, shall, on payment of the same,'^'^^'*^- 
receive credit both for principal and interest computed as afore- 
said, which on the day of such last mentioned payment shall ap- 
pear due on the note or notes thus paid in, and be shall be 
charged for the interest accrued on such note or notes from the 
day on which the same shall have been received by him in pay- 
ment as aforesaid, to the day on which the same shall be paid by 
him as aforesaid. 

^ 8, And be it further enacted, That the Secretary of the secretary of the 
Treasury be, and he is hereby, authorized and directed to cause ^d^?^^?o 
to be reimbursed and paid the principal and interest of the Trea- ^d 'pSd^'^ 
aury notes which may be issued by virtue of this act, at the SS?«Snh?^*. 
several time and times when the same, according to the provisions "^ '>^«"' 
of this act, should be thus reimbursed and paid. And the said 
Secretary is further authorized to make purchases of the said Authorized to 

' 4* « ^1 ••11- I pupchaae aaid 

notes, at par, for the amount of the principal and interest due atnotee^dto. 
the time of purchase on such notes. And so much of any unap- Appro«iatioa 
propriated money in the Treasury as may be necessary for thatnotS.^ Tnuary 
purpose, is hereby appropriated, for paying the principal and in- 
terest of said notes. 

^ 9. And be it further enacted, That a sum not exceedtfig J^f!^ ^^ 
twenty thousand dollars, to be paid out of any unappropriated the expenses o^r 
money in the Treasury, be, and the same is hereby, appropriated, SJti^' '^'■"^ 
/or defraying the expense; of preparing, printing, engraving, sign- 
ing, and otherwise incident to the issuing of the Treasury notes 
4iUtborized by this act. 

^10. And be it further enacted, That if any person shall imprisonment 
falsely make, forge, or counterfeit, or cause or procure to bofomot leasu^' 
fidsely made, foi^ed^ or counterfeited, or willingly aid or assist in ^ £n y^ 



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2640 1837 Chap. 2. 



!2?dto? "i«a»^ '^I'^'y making, forging, or counterfeiting, any note, in imitation 
fOTfoiwiiig, coun' of, or purporting to be, a Treasury note aforesaid : or shall false- 
altering, or for ly alter, or cause or procure to be falsely altered, or willingly aid 
Sr^Say^foisedi or assist in falsely altering any Treasury note issued 'as aforesaid ; 
^ly'^^i^ovd or shall pass, utter, or publish, or attempt to pass, utter, or pub- 
gBWHry notea,]jgjj^ ^^ j^.^^^ ^^y false, forgod, or counterfeited note, purporting 
to be a Treasury note as aforesaid, knowing the same to be false- 
ly forged or counterfeited, or shall pass, utter, or publish, or at* 
tempt to pass, utter, or publish, as true, any falsely altered Trea- 
sury note, issued as aforesaid, knowing the same to be falsely aU 
tered, every such person shall be deemed and adjudged guilty of 
felony, and being thereof convicted by due course of law, shall 
be sentenced to be imprisoned, and kept to hard labor, for a 
period not less than three years, nor more than ten years, and be 
fined in a sum not exceeding five thousand dollars. 
finpriKobient ^ li- And be it further enacted, That if any person riiall 
S*aSfteJ*thM! make or engrave, or cause or procure to be made or engraved, 
gjj ^' ^2J or shall have in his custody or possession any metallic plate, 
wd fine oot(»- engravcd after the similitude of any plate from which any notes 
for Dulinc or en' issued as aforcsaid shall have been printed, with intent to use 
(ngTotemadeOTSUch plate. Or causc or suffer the same to be used in forging 
S^fJ^'iQ*,^^^ or counterfeiting any of the notes issued as aforesaid; or shall 
toJiel^ymeS-'^*^® ^^ ^^^ custody or possessiou any blank note or notes en-* 
ld£te?the°ST-8^vfed and printed after the similitude of any notes issued aa 
utude of those aforesaid, with intent to use such blanks, or cause or suffer the 
Tnuar/^noSl samc to bc uscd iu forgiug or counterfeiting any of the notes 
wttH^lt p^r issued as aforesaid ; or {ihall have in his custody or possession 
^^vS'^^^^y paper adapted to the making of notes, and similar to the 
paper upon which any such notes shall have been issued, with 
intent to use such paper, or cause or suflbr the same to be tfsed 
in forging or counterfeiting any of the notes issued as aforesaid ; 
every such person, being thereof convicted by due course of 
law, shall be sentenced to be imprisoned, and kept to hard la- 
bor, for a term not less than three nor more than ten years, 
and fined in a sum not exceeding five thousand dollars. 
df*'ttie T^Sm ^ ^^' ^^^ ** ^ further enat^ed, That the Secretary of the 
aathodzed to Treasury be, and he is hereby, authorized to make and issue, 

make and lamie m ... ■•* i i ■• 

•uch roiet and from time to time, such instructions, rules, and regumtions to 
iSSrd^proi^ ^he several collectors, receivers of public money, depositaries, 
l^tj^^^^^^and all others who may be authorized to receive the said TreM* 
JJJj; oThSK"'/ °^*®^ ^" behalf of and as agents in any capacity for the 
flf^e United United States, as to the safe keeping, disposition, return, and 
cancelling of the said notes so paid to and received hy them 
respectively, and as to their accounts and returns to the Depett* 
ment of all such receipts as may seem to him best calculated to 
promote the public interests and coavenience, and secure the 
United States and the holdefi of the said notes against fraud and 
losses. Provided, THat nothing herein contained shall be so 
construed as to authorize the Secretary 6f the Treasury to re- 
issue any of said notes, but upon the tetum of the said notes 6r 
any of them to the Treasury the same shall b^ |^e^^^J^t)OQlc 



1837 Chap. 2—5. 2641 

^ 13. And be it fUrther enacted, That it shall be, and heTe'.p;^^'^^^ 
by is, made the duty of the Secretary of the Treasury to cause * mooUiiT luite. 
a statement to be published monthly, of the amount of alliiibwi. 
Treasury notes issued or redeemed, in pursuance of the provi- 
sions of this act : and that the power to issued Treasury notes 
conferred on the President of the United States by this ^^^t ^J^^^^i^l^ 
shall cease and determine on the thirty-first day of December, ^t«»*'jj«»t^ 
eighteen hundred and thirty-eight. Approved, October 12/&, jeos. ' 

1837. 

CHAP. 9. An act to regulate the Fees of District At^meys in certain 

cases. 

%\ Be it enacted hy the Senate and House of Represen-h^^l^fyl^aiiii 
taiives of the United States of America, in Congress «w«€m-Ji,i?tiI5«M*iSj 
bled, That in all cases of extension of the time of payment of ^«Jjj» ^ Jjj 
bonds given for duties on imports, it shall be according to such Tnarary, and the 
directions as may be given by the Secretary of the Treasury ;oid bo^d o^r tC 
end the extension of payment of the old bond, or the taking of^'^^^b^by'uM 
a new bond, shall be by the respective collectors subject to nb2;'J|j''^^/Jj[iJJJJ 
other charge than such as may be legally receivable on the taking *»»•« "JJ^^^i^ 
of an original bond, upon the entry of merchandize. Sn tbe7aki'nf of 

^2. And be it further enacted, That no fee shall accrue to "wo'irM'Jr^o- 
aay District Attorney on any bond left with him for collection, tr?ctAito^y^M 
or in a suit commenced on any bond for the renewal of which ^^■^^^(J ?*'^^ 
provision is made by law, unless the party or parties shall neg- «'°°?>«?«»i^ <» 

r 14. ii^i. • I ^ bond* lor the re • 

lect to apply for such renewal for more than twenty days after newai of wMch 
the maturity of such bond. Approved, October lUth, 1837. e;tw.':ni:Mih: 

party ncflacts to 

appfjr for rtinowal 

for more than SO 

CHAP. 4. An act to continue in force certain laws to the close of the next „||ftaritj of svcb 
Session of Congress. haodM. 

^1. Beit enacted by the Senate and House of Represen- 
tatives of the United States of America, in Congress assem- 
bled, That all acts and parts of acts, or provisions contained aii aeu, jb«. 
within any act, which, by the terms thereof, are made to expire the ek^*?f'*bo 
at the termination of the first session of the twenty-fifth Con-rooiTSi^*t*'o^eDd 
gress, be, and the same are hereby, declared to continue in force ^'^jiJ^Ji^lfJjJJl 
to the end of that session of Congress which shall commence, jjjjjjj^ «^ ^ ,jj 
or shall be in session, on the first Monday in December, eighteen Monday j" De. 
hundred and thirty-seven. Approved, October I2th, 1837. **" '* 



CHAP. 5. An act to amend an Act entitled " An act to provide for the 
payment ol* horses lost, or destroyed in the military service of the 
United Stages, approved Jannary 18th, 1837. 

^1. Be it enacted, by the Senate and House of Repreten- ^^^^^ ^^ 
iatives of the Unites States of America, in Congress assem-icrwdovi to iSi 
bled, That any person who has turned over to the service of sTbroV' ^ » 
the United States, his horse, saddle, bridle, or equipments, by^^^JIS^'^; 

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2642 1837 Chap. B— 8. 

»dj2llf™by**the*^'^® ^'^®' ^' ^^^ commanding general^ or other commanding 
ruiM^^^^wuS °®^®^' *''*'' ^ P^'^ ^® value thereof; That the claims provi- 
bT iha^B^reurj ded for undcr this act shall be adjusted by the Third Auditor, 
Inm"' oi^ tbo under such rules as shall be prescribed by the Secretary of War, 
^Thfraot and With the «ssent of the President. This act, and the act to 
it^u^M ^^MioAd^ ^^^^^ this is an amendment, shall extend to mules as well as 
»«n^tooxt«iDdu> to horses. Decisions under this act shall be recorded as they 
DecUion* to b« are rcquircd to be recorded by the act as aforesaid, and payment 
mMu^def^u shall be made as is required by that act. This act shall extend 
ISS^iSJi.**^ ■" to cases where any person mentioned in the act to which this 
^"ijf ^f^^; is an amendment shall have died in the service,, and his horse, 
jjjere^^i»r.wi« saddle, bridle, or equipments, shall have been turned over to 
m«raethmvedtedan oflicer, or Other person, for the benefit of the United States, 
h\u 'Ibml ^, by order of the proper officer commanding, and not restored to 
JraV"SJi»n fol the representative of the deceased or paid for by the United 
*|J%|jy»^»«^^JjJJj States. Approved, October I4th, 1837. 

been rettored or 

paid for. 

CHAP. 6. An act for the reh'ef of D. P. Madison. 

pobiiJhi^foJei*; ^l- Be U enacted, fyc. That the President of the United 
ooont'rier, for\e? States be, aud he is hereby, authorized and requested to cause 
manawHpf^' de! to be cxccuted, a grant and re-conveyance to Mrs. P. IX Madisou, 
^tuti^ *«ad7he hei" executors, adn^inistrators, and assigns, of the right to pub- 
Juih' "ITiibiiMi'ioX '*^^ '" foreign countries, for her own benefit, the munuscript de^ 
Vi^nt^v^'d^^^^^ ^^ the Convention which formed the Constitution of this 
Mr!. SSdiSS, ^^ Government, as well as the nett avails of any such publication 
ProTiflo. which may have been ordered by her : Provided, however. That 
she shall not be allowed to withdraw from the possession of the 
Government either of the copies of said debates which accompa- 
nied her conveyance. Approved, October I4th, 1837. 

CHAP. 7. An act making an additional appropriation for the suppres- 
sion of Indian hostilities for the year one thousand eight hundred and 
thirty-seven. 

si>ooo»ooo ap. ^ 1. Be it enacted, fyc. That the further sum of one millioa 

propriated. ^.^ hundred thousand dollars shall be, and the same is hereby, 

appropriated out of any money in the Treasury not otherwise 

appropriated,^ to defray any expenses which have been or may be 

incurred, in preventing or suppressing the hostilities of any In- 

iiDd?rd!r?cti^tf dians : to be expended under the direction of the Secretary of 

SJKwJ^Vo War, conformably to the acts of Congress of the nineteenth of 

Mdw^jiiyfieSl! March, eighteen hundred and thirty-six, and t|;ie second of July, 

reforwtfV*'*'**" eighteen hundred and thirty-six, and of the acts therein referred 

to. Approved, October I6th, 1837. 

CHAP. 8. An act authorizing a further postponement of payment upon 

duty bonds. 

The s^eietar^ ^1. Be U enocted, fyc, That the Secretary of the Treasury 
MthSi.Td'""2 be, and he hereby is, authorized to grant such further extension 
SSewSo^Jf cwS'^'®^'^ ttpcMi all bonds for duties now outstanding as shaU^make of 

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1837 Chap. 8—9. 2643 



the whole extension of credit upon each bond nine months from ^^^ 

the time when the original bond became due and payable, mak- JllJ^'^JjIe^ri "**jj 
ing the extension in each case to depend upon the same condi- mootiw from um 
tions as to additional security, the payment of interest, and other fa!^L!^u«Vn«k. 
termSy which have been prescribed by the Treasury Department, iJ'iJje^**^',!^ 
to the extension of revenue bonds since May last: Provided, ^^ ^*l}^^ 
That nothing herein contained shall be construed to include any ^i i^^^np^ 
existmg bonds where the parties to the same have not, smce the Tr«uury nopan. 
bonds became payable, given additional security, or made part !!!ZlM%r icSL 
payment, and are, by the proper officers of the Government, con- ** pJoJu?. ^***' 
sidered insolvent, or unsafe securities for the payment of their 
bonds. 

^ 2. And be it further enacted. That a credit of three and six a endit or a 
months shall be allowed on the duty on all merchandise which bc^libwiSTrathS 
shall have been or may be imported on or before the first day of ^2id^;.*|J„^ 
November next, upon which the duties are payable in cash, and Jj^jf*"^* !,'whS 
that the bonds receive for such duties' shall be payable in equal th« ' duuet m 
installments, bearing interest at the rate of six per cent, per ah- Th^Tbonds'^n^ivI 
nam, and shall be in the form and upon the conditions prescribed to^b^'^jabii'i!! 
by existing laws and by this act. SSn^TiSr^c*?: 

^ 3. And he it further enacted. That where the security in in»«;wi, and iii 

,.,.,,', , ^ t _ . ' th« form aod apoa 

any bond which has been, or may hereafter be postponed, is en-tiM.eonditionapi^ 
tirely satisfactory, the principal or sureties in the same shall not "^wh^nVb^i^en. 
be disabled from being in the mean time, till the period of post- ^^^ JS u^entll^iV 
ponement provided for by this act expires, received as principal "riJi^^*iVJ;,ui*. 
or sureties in other bonds for duties, notwithstanding the bond ^ulbM'fm^ii^ 
first given may not have been actually paid, discharged, or ex- im, uu the pen.' 
tended before or on the day it fell due : Provided, That such nMint'^^riw<Mfor 
principal and sureties shall be found, in all other respects, safe p(,el^ mf^^M 
and satisfactory security for the funds to which they may be pro- \^^i^i^ 
posed as parties. *'y''*^'*^- 

^ 4. And be it furtlier enacted, That the operation of all prior tim 'oj^mioo 
laws, and parts of laws, so far as inconsistent with this act, be.«^'ili^mUMlt 
suspended in the particulars in which they may conflict with, or JlJi^Jd." *****"*' 
differ from, its provisions, until this act shall cease by its own 
limitations. Approved, October I6th, 1837. 

CHAP. 9. An act for adjusting the remaining claims upon the late de- 
posit banks. 

^1. Beit enacted, SfC, That the Secretary of the "Treasury ^^ij" tJ;][^ 
be, and he is h^r^by, authorized to continue to withdraw the auibonndToMZ 
public moneys now remaining in any of the former deposite banks, v^^iSww^J!Sm' 
in a manner as gradual and convenient to the institution as shall JJjiJa^** £iSI' 
/ be consistent with the pecuniary wants of the Government, and J.'n^^nlJ*""*' " 
the saftey of the funds thus to be drawn ; and that no further in- them ■« thaii bo 
terest than that required by the deposite act of the twenty-third Srwlmt of*the 
of June, one thousand eight hundred and thirty-six, under ?„TthIfIi'1br' 
which those deposiles were made, shall be demanded of any J^j;/jJJf'^y**{JJ 
bank which has met, and shall hereafter meet, the requisitions ■«JfJli"i''S?! 
of the department. This provision shall also extend to such of the baniu that 

Digitized by CjOOQ IC 



2644 • 1837. Chap. 9—10. 

neetthe raqaiii- poblic Dioneys as may remain in any of the said banks, whether 
^TtVnV^.^ standing to the credit of the Tresurer of the United States, or 
xo'^xuaSWmi^ of any disbursing or other public officer of the Government 
■unding "S^'Jhe ^ ^' ^^^ *^ *^ fufther enacted^ That in case of neglect or 
T^^a* "^u s"* I'^'^^^l ^y ^"7 ^^ ^^® ^'^ banks to comply with the requisi- 
o/nH^^^borom- tions of the Secretary of the Treasury, as he shall make them, 
Hnmiiit.^^ ^^^'in conformity with the first section of this act, suits shall be in- 
ofMidXirinotStituted, where that has not already been done, to rocoven^ the 
{S^^jyj,"J[j,^J*JJ'f amounts due to the United States, unless the defaulting bank 
the ^[>^u ^^^'^^'l forthwith cause to be executed and delivered to the Secre- 
■aUashaiTte^i^ltary of the Treasury a bond, with security, to be approved by 
rhe"^-^Woki?f the Solicitor of the Treasury, to pay to the United States the 



a*b^d'!£r^f to whole moneys due from it in three installments ; the first to be 

mooeMM Jn^3 ^^^^ ^" ^^^ ^^ ^^^ ^^ ^"'^^ nexiy the second on the first day 
iDfUUmenu, tto of January, eighteen hundred and thirty-nine, and the remain- 



tbS^iUai7Dezt! ing installment on the first day of July, eighteen hundred and 
lit jMDuy?^!^ thirty-nine ; and the default mentioned in this act on which in- 
ut j*ai** Two! teresl is to commence at the rate of six per centum per annum, 
wiihioteieitMaghall be understood to be the neglect or omission of said banks, 
or any of them to answer the drafts or requisitions of the 
Secretary of the Treasury made on them according to the pro- 
visions of the first section of this act ; and interest thereon at 
the rate of six per centum per annum, from the time of default, 
together with any damages which may have accrued to the 
United States from protests of drafts drawn upon it, or from any 
other consequence of its failure to fulfil its obligations to the 
public treasury. Approved, October I6th, 1847. 

CHTP. 10. An act making further appropriations for the year eighteen 
hundred and thirty-seven. 

^1. Beit enacted, 8fC, That the following sums be, and the 
same are hereby, appropriated, out of any unappropriated money 
in the Treasury, viz : 
J^of*!iiSin For pay and mileage of the members of Congress and dele- 
orcoDgran. gates, two hundred and forty-eight thousand five hundred dol- 
lars, 
oootiogmt ex- For Stationary, fuel, printing, and all other contingent expen- 
Sta!^. ^ ses of the Senate, thirty thousand dollars. 

2Sf*°Sf*** t£ ^^^ stationary, fuel, printing, and all other contingent ex- 
ffooM of^Repre- penscs of the House of Representatives, fifty thousand dollars. 
*^ooiiti!!li«iitex- ' For the contingent expenses of the navy, as enumerated in 
▼^ ? ra^I!t the act of the third of March last, in addition to the amount 
itoich^* ** appropriated by that act, one hundred and • twenty thousadn 
dollars. 
Reii«f and pro- For the relief and protection of American seamen in foreign 

tectlon of Ameri- • t t i n ® 

canseameiL couutrics, ten thousand dollars. 

tending's? pro-' For defraying the expenses attending the prosecution of the 
r s!**"iwm 'to claim of the United Slates to the legacy bequeathed by the late 
^smUbMii le- j^Qj^ Smithson, of London, five thoMsand dollars. 



Digitized by CjOOQ IC 



1837 Chap. 10. 2646 

For contingent expenses in the office of the Treasurer, five^2S!'^^£ 
hundred dollars. ^^^^' ** 

For preparing, printiDg, and binding documents ordered by jo^^SStT m- 
the resolution of the Senate of the second of July, 1836, twenty- dmd y^j^"*^ 
fifth of February, 1837, and second of March, 1837, to be dis-^of 2d jJ^ 
bursed under the direction of the Committee to audit and con-^^/^^ 
trol the contingent expenses of the Senate, twenty-five thousand''*^' ^^' 
dollars. 

^ 2. And be it further enacted, That, if the revenue from ^ ^ 
duties, or from the sales of public lands remaining in the hands remBiiunJM^tSS 
of the receivinfi^ and collecting officers, be not sufficient at any^^^^ ooh^ 
time to pay debentures and other charges which are by existing^ ^"^'^to 
laws made payable out of the accruing revenue before it is trans- g^^^ ^'s^t 
ferred to the credit of the Treasurer, the Secretary of the Trea-gl^' te^SS'y 
sury is hereby authorized to pay the said debentures and other ^n^topftr 
charges out of any money in the Treasury not otherwise appfeo- ui^ii^^rfatod^ 

. t' J y ^ # « « money in ths 

priated. - Tr«Mai7: 

^ 3. And be it further enacted, That the Secretary of theof'% i^^^ 
Treasury be, and he is hereby authorized, to arrange and settle J^^f^^ 
any of the outstanding transfer drafts given to transfer moneys jj;[jg^%^ ^ 
to the Stales under the act of twenty-third of June, 1886, add ^"g^^^lSf^ 
which have not been paid by the depositories upon whidi lhey(ieri^t23djim^ 
were drawn, or otherwise arranged and settled by the United ^S^&em ^ 
States, by receiving such drafts at par in payment of any debts g^debtrjnS^to 
due to the United States, without any allowance of Interest for^S ^^*^^. 
the time the drafts have been outstanding and unpaid, or any s?,j£^J£'*'^ 
other allowance for interest or damages of any description. 
Approved, October I6th, 1837. 

RESOLUTION. 

{No. 1.] A Resolution directing the postage on Letters sent by the fiis* 
press Mail to be paid in advance. 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the rogtagmi^ 
Poetnoaster General be, and he is hereby, directed to cause the^^i^Mau t! 
postage on all letters sent by the Express Midi of the United ^ p^ *» *<^- 
States to be paid in advance at the time of depositing them for 
transportation by said mail. Approved^ October lUth, 1837. 



Digitized by CjOOQIC 



ACTS OP THE TWENTY-FIFTH CONGRESS 

or 

THE UNITED STATES ; 

Passed at the Second Session^ tohich was begun and held at 
the City of Washington^ in the District of Columbia, on 
Monday, the fourth day of December^ one thousand eight 
hundred and thirty-seven. 

Martin Van Buren, President. Richard M. Johnson, Vice 
President, and President of the Senate. James K. Polk, 
Speaker of the House of Representatives. 



CHAP. 11. An act to authorize the President of the United States to 
cause the pubHc vessels to cruise upon the coast in the winter season 
and to relieve /listressed navigators. 

The pw«ident ^\. Bcit cnoctcd, SfC. That the President of the United States 
caufl?"he public be, and hereby is, authorized (o cause ony suitable number of pub- 
upcm\he°ciMui*nD lic vcssels, adapted to the purpose, to cruise upon the coast, in the 
nUrfoMirwi' severe portion of the season, when the public service will allow 
tdiuTigaton. ^f jj^ j^^j to afford such aid to distressed navigators, as llieir cir- 
cumstances and necessities may require ; and such public vessels 
shall.go to sea prepared fully to render such assistance. Appro^ 
ved, December 22rf, 1 837. 

1838. CHAP. 12. An act to ratify and confirm certain official acts of John Pope, 

late Governor of Arkansas. 

location ^^* Be it enacted, 8fC. That the locations, sales, and transfers 
Ac.ofjota?PDpe!of John Popo, late Governor of Arkansas, of a qunniity of public 
fuid°giiSttd*by land, not exceeding ten sections, (or six thousand four hundred 
SSK*" for ^i acres,) which was granted by Congress to Arkansas to build a 
deVIuthJSty""* Stale-House at Little Rock, the seat of Government of Arkansas 
M*^c'iof4ihjJiy ^o sundry citizens of Arkansas, in pursuance of an authority 
1832, confirmed, vested in him by an act of 'Congress of the fourth day of July, 
in the year eighteen hundred and thirty-two, be, and the same 
Ttxrr]m>. are hereby, ratified and confirmed : Provided, said location, sales, 
and transfers, were in conformity to legal subdivisions, be those 
divisions fractional quarter sections or not : And provided, also. 
That the gross amount of acres of land thus located, sold, and 
transferred, for the purpose aforesaid, does not exceed six thou- 
sand four hundred acres ; and the President of the United States 
is hereby authorized and directed to cause patents to issue to said 



Digitized by CjOOQIC 



1838 Chap. !&— 14 8647 

purchasers, their heirs, or their legal representatives, for the 
late Governor's several locations, sales, and transfers, whenever 
the applications are properly made by said purchasers or their 
legal representatives. 

<^ 2. And be U further enacted, That the northeast and ortain undi 
southwest quarters of section twenty-seven, township eighteen [5 £5d"cS&icti 
south, range one west, the southeast quarter of section twenty- ^*5""fr;„ ,'£ 
^ei^ht, same township and range, the southwest quarter of section prorMoMorthis 
fifteen, township nineteen south, range one west, the nothwest ^ 
and southeast quarters of section nine, same township and range, 
all in the Mississippi land district. State of Arkansas, be, and 
the same are hereby, excepted from the provisions of this act. — 
Approved, January \6th, 1838. 

CHAP. 13. An act to provide for the payment of the annuities which will 
become due and payable to the Great and Little Osagea, in the year 
one thousand eight hundred and thirty-eight, and ibr other pur- 
poses. 

^ 1 . Be it enacted, SfC. That the Secretary of War shall cause c^^^^^^l 
to be purchased for the use of the Great and Little Osa»e Indians, 12, "!" ^i^^ <^ 

, ■ . . • 1 1 • I • • • I /.I Y • . tasOO to be pur- 

such provis;ons as will m his opmion, be most useful to them, to the chised and dii- 
value of eight thousand five hundred dollars, and when piir- the crpat'^uS 
chased, shall cause said provisions to be distributed among said diull ^^^^^ ^' 
Indians, by their agent, furnishing to each family, as near as 
may be, their proper proportion : Provided always, That such p™^^- 
purchase and distribution shall not be made, unless said In- 
dians agree to receive the same in discharge of the annuities 
due them for the year one thousand eight hundred and thirty- 
eight, by virtue of treaties between them and the United 
States. 

'^ 2. And be it further enacted, That the Secretary of War^sjc- wm^»o 
cause as many additional (armers to be employed as may, in the t«nn?re to be cm- 
opinion of the President, be deemed necessary to aid and in- Sitionai "^tt^kj 
Struct snid Indians in clearing and cultivating their lands, and S^wd. ^^ ^^' 
such additional stock, implements of husbandry and seeds to be 
purchased for the use of said Indians, as the agent or super- 
intendent may judge necessary : Provided always, That the Provtao. 
whole expense incurred under this section, shall not exceed the 
sum of three thousand five hundred dollars. 

^3. And be U further enacted, That to enable the Secre- pri^JJ?;^ ??K£ 
tnry of War to carry the provisions of this act into effect, the j!5[jSer.^^war ^ 
sum of twelve thousand dollars be, and the same is hereby ap-toefi^t 
propriated to be paid out of any money in the Treasury not 
otherwise appropriated. Approved, January 16/ A, 1838. 

L . 4- 

CHAP. 14. An act making a partial appropriation for the suppression of 
Indian hostilities for the year eighteen hundred and thirty. eight. 

^1. Beil enacted, fyc. That the sum of one million of doU^^^^ ^ 
lars shall be, and the same is hereby^ appropriated^ out of anv 

Digitized by VjOOQIC 



2648 1688 ^Ohap. 14-22. 

money in the IVearary nol otherwise appropriated, to defaiy aay * 

expenses which have been, or may be, incurred, in preventing or 

sappresffing the hostilities of any Indians, in the year eighteeo 

To be enend. hundred and thirty-eight ; to be expended under the diiectioQ 

Sbn'Sftc. wS;of the Secretary of War, oonformaMy to the acts of Congress 

«»«"»^ij>^ of the nineteenth of March and the second of J«ly, eighteea 

hundred and thirty-six, and of the acts therein rdEsned to. Ap* 

proved, January 90th, 1888. 

CHAP. 16. An aot makiag aa appropriatioa ibr tke protestion of Iha 
oorthem frontier •£ the Uaited State*. 

^^ ^1. Beit enacted, ifc. That the sum of six hundred and 

pilSSf^*'^^^ twenty-five thousand five hundred dollars shall be, and the same 
is heneby, appropriated, out of any iioappropriated money ia the- 
Treasury, to defray any expenses which have been or may be in- 
curred im protecting the northern fnontier of the United States, by 
calling out, under the direction of the President of the United 
States, any part of the militia or volunteers, according to the pro- 
wwch 10111,^ visions of the constitution and laws ; which sum if required, shall 
ff2!^dc<ftSbe expended under the direction of the Secretary of War, con- 
^'j^^^^i^formably to the peoyisions of the act of Congress of Januaiy 
of War, confbna- second, Seventeen hundred and ninety-five ; of the act of April 
tby.kc. g^^j^^ eighteen hundred and thirty-two, making appropriations 
for thp support of the army ; and of the act of March nine- 
teeth, eighteen hundred and thirty-six, providing for the pay- 
ment of volunteers and militia corps in the service of the United 
States. Approved. January 30th, 1838. 

CHAP. 22. An act to abolish the Circuk Court at Huntsvitte in the 
State of Alabama and for other ptirposes. 

M^ou.i^ ^ 1. Beit0nacUd, gfc. That the Circuit Court of the Uni- 
ted Stales, eatablisbfid at Huntsville in the Slate.of Alabama, by 
coSiLsT^ the act of Congress of the third of March, eighteen hundred and 
"'Sr'bf SrS thirty-seven, entided " An act supplementary to the act eotiUed 
itechl837,atooi. , f^^ ^^ ^ amend the judicial system of the United States,' '* 
be, and the same is hereby abolished. 

^ 3. And he it further enacted^ That all the jurisdiction which 

tion^^hlS*^ belonged to the District Court of the United States, for the 

JSSPoouS A' northern disUict of the State of Alabama, at HunteviUe, at and 

SfJLi'bSto^e Wore the passage of the said act of Congress of th^ third of 

SSSSS^f^^^^rch, eighteen hundred and thirty-seven, be and the same is 

flcw^itc. ' "^hereby .leslored to and vested agiaio in the said Diatrlct Court, 

and every act of Congreip upon which the jurisdiction of the 

said District Court depended at and before the passage of the 

eaid ani of Congress of the third of March, eighteen hundred 

and.thistyHWwn, ic hereby revived, so far as such act or acts 

gave Jurisdiction as the same existed at the time aforesaid, in the 

said Dislriot Court. 



Digitized by CjOOQIC 



Ig38 Ohap. 22, 23. 2649 

^3. JMheUfmihtrenaded, Ttetall causes at law or io^^^i^^, 
eqoity, pendtng in the said Circoit Coart at Hantsrille, shall begSJtoTSiT ^ 
tvansfinred to the said District Coart at HontsTille, and shall be Di«LCM» t,t»w 
proceeded in and be determined by the said District Court in *""■"'"'*■» 
the same manner as if they had been originally commenced in 
the said District Coart ; and it shall be the daty of the clerk of J^g^*[,^ 
the said Circuit Coort to deliTer to the derk of the said District ^.gj^*^ 
Coorty the original papers in all soch causes, together with the ^l^i^j^ 
leeord of all the proceedings had m the said Circuit Coort ; Pro- ^2!i!^ 
iridedj Thoft the first term for the trial of the causes hereby 
transferred shaH be the term of the said District Court which 
will be commenced on the third Monday in May eighteen hun- 
dred and thirty-eight. 

^ 4. And he Ufuiriher enacted. That the terms of the said Tiu ^ ifsm, 
Distrid Ooort shall be held at the said town of Haptsrille, twice ^gj;;;^^ 
io each yiear, or the tfafard Monday in May, and the fourth Mon-9«r. 
day in Ifofember, annoally. 

^ 5. And be ii fuHher enacted. That appeals and writs AypMih**.!* 
of error shaH lie from the said District Coort to the Circuit co^J^o^ 
Court of the United Stales at Mobile, in the State of Alabama. 

^ 6. And be ii fwrther enacted, That all process, bail- ah, 
bonds, and recognizances returnable to th^ Circuit Court of the gg*^^**^^ 
United States at Hantsville aforesaid, shall be returnable and ^|J[^g;;^^ 
returned to the District Conrt, nett held under this act, in the ma «ni» tha 
same manner as if so made returnable on the face thereof, and '^^^ 
flfaril have full eifect accordingly. Approved, February 22d, 
1838. 

CHAP. 23. An aat to amend an act entitled " An act for the appointment 
of commissioners to adjust the claims to the reservations oi land un-* 
der the fourteenth article oi the treaty ofeighteen hundred and thirty mh of jsgt, «. 
with the Choctaw Indians. Sj^ •* *» '• 

^l. Be it enacted, fyc. That the commissioners prorided for 
in the act hereby amended, or a majori^ of diem, shall have fall StTr''22« 
poverand authority to adjourn their sessions in soch place or pla- S^^STimot 
ees, within the State of Mississippi, as in their judgment the in- Mtof'tb«*g!l^' 
lerest ef the GoTernmeot and the claimants may require each ^/^SiT 
sessions to be held. 

^ 2. And be it further enacted, That in case of the death, in ew or ti^i 
resigMtiop, or absence of any one of the said commissioners, ^lh;'S;i^* 
the remaining two commissioners shall have full power and 'y^^jJU*,*^^ 
aathority to proceed and execute the powers given by this act 
or (he abt hereby amended. 

^ 9. And be it further enacted. That the said commis- ooujarioo«« 
sioners shall haive all the power of a court of record, for the JJ^~ '2^*'.^ 
piirpose of compelling the attendance of witnesses, acbninister- tmUm i Jk- 
iqgoalbsi touching matters depeeding before them, preserving to^^^iS; 



order, and piinishing contempto ; and shall ba^e power to make 
all needfi^ rales for the legulaitioo of {be pnmediega befoie 

Digitized by CjOOQIC 



26S0 1838 — -Chap. 23— 2S. 

them, as well as to employ one or more interpreters^ and one or 
more agents to collect testimony for the United States. / 

•GOOD sppro. ^ 4. And be U further enacted, That for defraying the con-* 
conungem'ex. 'tingcnt expenses of the said commission, the sum of five thous- 
M^imMon!'^^ and dollars be, and the same is hereby, appropriated, out of any 
money in the Treasury not otherwise appropriated. 
Said act con- ^ 5. And be it farther enacted^ That the said act shall be 
guMJMxt^'^^^'and remain in force until the first day of August next. 

jMtt Atty. to ^6. And be it further enacted, by the authority aforesaid^ 
JSSl?D«uo'?^That the compensation to be made to the district attorney for 
acoBUDiadoner. j^jg gerviccs, shall be equal to the compensation allowed to a com- 
missioner under the act hereby amended. 

^ 7. And be it further enacted, That nothing contained in 
dSut^bo^aTe this act, or the act which this is intended to amend, shall be so 
tiSI*MMMinpi^^<^0'^^^ ^^ ^^ embrace the claim of any Indian or head of a 

notflmbnced (Jhoctaw family, who has removed west of the Mississippi riven 
, . . 4 8. And be it further enacted, That if it shall be proved to 
attei^ting to the Satisfaction of said commissioners that any claimant hss at- 
ehiidofaoyothertempted, or shall attempt to substitute the child of any other 
m^to!'^*ii be Indian as and for his own, or has attempted or shall attempt, by 
•^ckenfiwrnthej^jg jegiinfjony^ to substitute for the child of any other claimant, 
the child of another Indian, the name of such claimant so at- 
tempting to make such substitution, shall be striken from the list 
of claimants. Approved, February 22d, 1838. 

CHAP. 24. An act to prevent the abatement of suits and actions now 
pending, in which the late Bank of the United States may be a party. 

Nondt^etcin ^ 1. Be U cnactcd, SfC, That no suit, action, judgment or de- 

Binkof the u^s cree, now pending and unsatisfied, in which the late Bank of the 

ihJU^VrS!!^"'^^^ States is a party^ plaintiff or defendant, shall abate, or 

tSioi^1h?*two *^® discontinued or dismissed, by reason of the expiration of the 

^**irLtloo of*aia ^^^ y^^" ^^^^^ ^^^ expiration of the charter, limited by the 

eSrter."^ *lwcniy-first section of the act of incorporation of the said bank, 

44fTOi?3,^'waS;f9^ 'h® "se of the corporate name, style and capacity of said 

bankr for the purpose of suits for the final settlement and liqui-^ 

dation of the aflairs and accounts of the corporation ; but all 

such suits, actions, judgments and decrees, shall be allowed ta 

proceed to final judgment, execution, satisfaction and settlement,' 

> as if the said two years had not expired. 

Approved, March 2d, 1838. 

CHAP. 25. An act to change the time of holding tlie terms of the cir- 
cuit court of the United States for the eastern district of Virginia,- 
and of the district court of the United States for the eastern district 
of Virginia, directed by law to be held in the city of Richmond. 

uiJSiJSihSort ^ ^' S^i^^'Wic^^i ^c.. That, hereafter, the spring termor 
on the circuit court of the United States for the eastern district of 



iS'^^r^t'el^ on Virginia shall commence on the eighteenth day of May, and the 
toi^T^'* f<^ ^G"° <^° ^^ eighteenth of November, in each year, instead 

Digitized by CjOOQIC 



1838 Chap. 25-^1. B8S1 

oT the twenty-second of May and the twenty-second of Novem* 
her, as is now provided by law. 

^ 2. And be U further enaciedy That the terms of the dis- ivmot mn. 
trict court of the United States for the eastern district of Virginia, mn^M^ 
which are now directed by law to commence on the fifteenth ff'iMtoi'y 
day of May and the fifteenth of November, in each year, shall ••**'•"• 
hereafter commence on the twelfth doy of May and the twelfth 
day of November, in each year : Provided, nevertheUas, That, 
whenever the day on which the terms of either of the said cir- 
cuit or district court, as herein provided for, shall happen to be 
Sunday, then the term of said court shall commence on the fol- 
lowing day. 

^ 3. j4nd be it further enacted, That all proceedings and ah Pfnoe>diig^ 
process depending in or issuing out of either of the said courts, Taniniiibioitt u« 
which are or mny be made returnable to any other time appoint- fi?,Vp!!^tM 
ed for holding the same than that above specified, shall be decm-jjjj^!*"* ■*** 
ed legally returnable on (he days hereinbefore prescribed, and 
not otherwise. And all suits and other proceedings in either of 
the «aid courts which stand continued to any other lime than 
that above specified, shall be deemed continued to the time pre- 
scribed by this act, and no other. Approved, March 2d, 1838. 

CHAP. 41. An act supplementary to an net entitled " An act in addition 
to the act for the punishment of certain crimes against the United States, 
-and to repeal the acts therein mentioned," approved twentieth of April, 
•eighteen hundred and eighteen. 

^ I. Beit enacted, tfc. That the several collectors, naval of- A^orrsis^ 
iicers, surveyors, inspectors of customs, the marshals, and deputy ^i^iL^uire/^e. 
jnarshals of the United States, and every other officer who may I5"*CSfJi",*It? 
he specially empowered for the purpose by the President of the "^fo^llwr^r '?n 
United States, shall be, and they are hereby respectively author- "*"""ry eipiMir 
jzed and required to seize and detain any vessel or any arms or territory or any 
munitions of waj; which may be provided or prepared for any iu^'SniellSSitit 
military expedition or enterprise against the territory or domin-^HhVbo*^!*'*. 
ions of any foreign Prince or State, or of any colony, district orJ^J'^rjroeW 
people conterminous with the United States, and with whom they "n<tt»r«^in|Hi». 
are at peace, contrary to the sixth section of the act passed on ||,q ■•"»*'■ "■*^''^ 
twentieth of April, eighteen hundred and eighteen, entitled, '^ An 
act in addition to the act for the punishment of certain crimes 
against the United States, and to repeal the acts therein mention- 
ed,'' and retain possession of the same until the decision of the 
President be had thereon, or until the same shall be released as 
hereinafter directed. 

'^ 2. And be it farther enacted, That the several officers wjojiejrtw. 
mentioned in the foregoing section shall be, and they are hereby Sn/*^M^'7tt. 
respectively authorized and required to seize any vessel or vehicle, fiS!Kte7«5X'u. 
and all arms or munitions of war, about to pass the frontier of the^uhli r'fuJiSjI 
United States for any place within any foreign State or colony, JJ*«»^J'J»«J«J^ 
conterminous with the United States, where the character of the tJ-Tw^n u^i* 
vessel or vehicle, and the quantity of anns and munitions, orto^uS^lll'^ 

Digitized by CjOOQ IC 



9662 1838. Ghap. 41. 



m» iDtendJ»d*to^***^' circumatanccs shall furnish probable cause to belj#Te thai 
bo empioyed^io the said vesscl or vehicle, arms, or munitions of war are intended 
iunf^M^i^i to be employed by the owner or owners thereof, or any other 
torru^j^of mny person or persous, with his or their privity, in carrying on any 
•tof^temiS!^' military expedition or operations within the territory or domiiv* 
jjjgig^»^^»{Jions of any foreign prince or State, or any colony, district, or 
detain tUt aame people couterminous with, the United States, and with whom the 
"" ' ^^' United States are at peace, and detain the same until the decision 
of the President be had for the rest<Mratioo of the same, or until 
such property shall be discharged by the judgment of a court of 
Pioviflo. competent jurisdiction : Provided^ That nothing in this act con- 
tained be so construed as to extend to, or interfere with any trade 
in arms or munitions of war, conducted in vessels by sea with 
any port or place whatsoever, or with any other trade whieh 
might have been lawfully carried on before the passage of tbiv 
act, under the law of nations and the provisions of the aet bere^ 
by amended* 
ofBeenmakiDf ^ 3. And he U fuTther enacttdy Thail it shall be the duty of 
S^'^ib«?r^^'^® officer making any seizure under this act, to make ap|Jica« 
p^^db^t tion, with due diligence, to the district judge of the district court 
nDTto jSLtifyi£ of the United States within which such seixure may be ouidei for 
p?^n7»i>2*& warrant to justify the detention of the property so seised^ 
jj^if^"^;^ which warrant shall be granted only 6n oath or affirQaation,'show« 
ifnSt&o'Udwrth-^"? ^^^ ^**®'® ** probable cause to believe that the property so 
in^tan^ '^'{^n^ ^^.'^®^ ^^ intended to be used in a manner contrary to the provis- 
nXiiS.' Bat if ions of this act ; and if said judge shall refuse to issue such war- 
m ^^iJHtj rant, or application therefor shall not be made by the officer 
^/J^^^*^ making sudi seizure within a reasonable time, not ekceeding ten 
days thereafter, the said property shall forthwith be restored to 
the owner. But if the said judge shall be satisfied that the seiifi^ 
ure was justified under the provisions of this adt, and issue hi* 
warrant accordingly, then thesame shall be detained by the offih 
cer so seizing said property, until the President shall order it to 
be restored to the owner or claimant, or until it shall be discharg- 
ed in due course of law, on the petition of the claimant, as here-' 
inafter provided. 
^x^'^M ^ 4. And he it further enacted, That the owner or claiin^ 
SSfiJ^uiciroiit*^' of any property seized utider this act, may file his petition in 
B IS^'thr^ut* ^^^ circuit or district court of the United States in the district 
Wfam thomimti whore such seizui-e was made, setting forth the facts in the case ; 
Ih^re^' the and thereupou such coUrt shall proceed, with all convenient des- 
SSto'^de'^^patoh, after causing due notice to be given to the district attor- 
en the eaia. ^ej ^j^^ offiocr making such seizure, to decide upon the said 
case, and order restoration of property, unless it shall ap- 
TiMcireiiii and pear that the seizure was authorized by this act: and the circuit 
Jli'^^JJJJ jS'w- *nd district courts shall have jurisdiction, and are hereby vested 
ettotryaiieMeivrith full DO wer and authority, to try and determine all cases 

anting nndac thw , l^. J' in. >« --y^ 

a«t, ate. which may anse under this act ; and all issues m fact arising 

under it, shall be decided by a jury in the manner now provided 
by law. 



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1838 Obap. 41. 26i$ 

^ 5. AndbeUJunher enacted, That wbenever the offioei „jgj*j;j;'^i^ 
making any seizure under this act ahall have applied for and obtained « war- 
obtained a warrant for the detention of the property, or the tmuoo^f prop, 
claimant shall have filed a petition for its restoration, and failed 7h? ^!!£ii»St 
to obtain it, and the propierty so seized shall have been in the|||^\,Q3^,,^'^ 
custody of the ofBceri for the term of three calendar months from '•')"?! '^I'lfL'*^ 
the date of such seizure, it shall and may be lai^ful for thei^M dauinwi t 
claimant or owner to file with the officer a bond to the amount datma'nt nav fiia 
of double the value of the property so seized and detained, with ImS^tm do^ 
at least two sureties, to be apprbved by the jodge of the circuit JJSJJ^J^ *fc^ 
or district court, with a condition that the property, when re- "^oiw* ?£Si 
stored', shall not be used or employed by the owner or owners iMtor« um piop- 
thereof, or by any. other person or persons with his or their pri- *^^* 
vity, ip carrying oti any military expedition or operations within 
the territory or dominions of any foreign prin<!e or state, or any 
colony, district, or people, contertoinods*with the United States, 
with whom the United States ario nt .peace ; and thereupon the 
said officer shall restore, such property ta^the owner or daimant 
thus giving bond : Provided^ That such restoration shall not Proviso. 
prevent seizure from being again made; in case there may exist 
fresh cause to apprehend a new vidatibn of any of the provisons 
of this act. 

§ 6. And be U further enacted, That every person appro- tadirbliflSSi 
bended an^ comn^itted for trial, for any oflei^ce against the act fJJJ,,"*^./J5^ 
hereby amended, shall, when admitted to bail for his appearance, o^^tovioiMSYhe 
give such additional security as. the judge admitting him to bail«^''hl'^yt!i^ 
inay require, not to violate, nor to aid in violatilbg, any of the ^y^Jj,^."^** 
provisions of the act hereby amende^* 

,^7. And be it further enacted. That, whenever the ^"^81- ^ ^ Jjjwww* 
dqnt of the United States shall have reason to believe , that the r^ the jnife, 
provisions'of this act have been, or are likely .to be violated, ^l^i^teM^wUht 
that offences have been, or aye likely to be, committed against J^J^Jy^jJ^'ij^i^^ 
the provisions of the apt hereby ^mepded, within any iudicialf**^ .<'»• ."»'• 
district, it shall bq lawful ibr bini> in his discretion, to d^ct the ezaminaUoii of 
judge, marshs^l, and district a tto{Bey, of such district, AattendwVtiTureTtoia^oo 
at such pWce within the district, and for sucfh time, as lie .way l^^I'lJ^'!'^^ 
designate, for the purpose of the more 'speedy and convenient 
arrest and examination of persons charged with the violation of 
the act hereby amended ; and it shall be the duty of every such 
judge, or other .officer, when any such requisition shall be re- 
ceived by him, to attend at the place and for the time therein 
designated. 

^ 8. And be ii further enacted, That it shall be lawful for tn iMdaM, 
the President of the United States, or auch person as he may JK'^JToTi^SiSl 
empower for that purpose, to employ such part of the landorjjJJJ^'^J'JJ^; 
naval forces of the United States, or of the militia, as shall be JJ'*^';^!^**' 
n ecessary to prevent the violation, and to enforce the due execu- ° 
tion, of this act, and the act hereby amended. 

^ 9. And be it further enacted. That .this act shall cootinna Thit aetumitad 
in force for the period of two years, and no longer. Afproded,^^"^^*^' 
March lOth, 1838. ^ , 

/I Digitized by VjOOQ IC 



2664 1838 Cbap. 43—96. 

CHAP. 43. An act to change the times of holding the circuit and diatiicl 
courts of the United States in the seventh circuit 

Timet of hold. ^ l> BeU etiactedy SfC. That the circuit and district courts of the 

VlSi dht ^(i^uru United States shall be held in the dibtrict of Indiana, at the seat of 

u. B. in tiwdis. Government in said State, on the thirJ Mondays of May and No- 

iilf^it, ** TdJ veniber ; at the seat of Government in the district of Illinois on the 

Michifui. gj^gj Mondays of June and December ; in the district of Michi^^ 

gan, at the seat of Government in said State, on the third Monday 

in June and the first Monday in November ; and in ihe district 

of Ohio, at the seat of Government in said State, on the first 

Monday of July, and the third Monday in December, and all 

eM^"i^Xn"£i recognizances' entered into, and all mesne and final process, 

flrittrrmuaboT* which havc bccn issued, or which shall hereafter be issae4, shall 

MiabiiiiMxi. he returnable in the respective districts to the first term as above 

established : And it shall'be the duty of the circuit Judge, to %U 

■bau'atieftc^^^ tend onc circuit court in each year, in the districts of Indiana, 

^'^ya.Vr"^ ^"^ Illinois, and Michigan^ and should any question of law be raised, 

of 2wf e"cTib« '" any. case, in the absence of the circuit judge, the district judge 

ditt. joiife* may may, at his discrctiou, aljourn the catise to the succeeding term 

•^"" "^of the circut court. Af^firoved, March lOth, 1838- 

CHAP. 44^ An act to continue in force an act therein mentibned, relating 
to the pert of Baltimore. 

», ^L 1, p. m ^ 1 . ^6 i^ enacted^ ^c. That the act passed the seventeenth day 

Tbeaetpaned of March/in the year one thousand eight hundred, entitled " A» 

2V/*?^ci2?; tict declaring the assent of Congress to certain aets of the States 

iJiiSd.'SSnUnoi' of Maryland and Georgia," and which, by subsequent* acts,' has 

toad Jiueh 1843. been revived and continued in force until t(^e third day of M^rclii 

one thousand eight hundred and thirty-eight, be, and the same» 

so far as it relates to the act of Maryland, is hereby, revived 

and continued in force until the third day of March, one thou- 

PMviM- sand eight hundred andf; forty-three : Provirfeii, That nothing 

herein(pontained shall huthorize the demand of a duty on tonnage 

on vessels propelled by steam,* 'employed in the transportation of 

passengers. Apprcvedt March 19/A, 1838. 

CHAP< 56. An act to restore circuit jurisdiction to the district courts 
of the Western district Qf Virginia. 

4oat^Toi. 4/ ^ ^ I. Beit em^dedy 4'c/That so much of the Ahird section of thd 
^mooh of 3d act entitled <^ An act supplementary to the act entitled <^ An act to 
52J5,"}^*„^ amend the judicial system of the United States,'' approved March 
SSlfcrriJ"ciroSii ^^^^^i eighteen hundred and thirty-seven, as repeals all former acts^ 
eoort janadictipn or parts of acts, Conferring circuit court jurisdiction on certain dis^ 
^iSS^^^tf^M trict courts therein named, be, and the same is hereby, repealed^ 
to ^6 ^S^^rso far as relates to the courts of the western district of Virginia ; 
uiaTTvufi^* and that the district courts of that district exercise the same ju^ 

risdiction with which it wa^ invested previous to the passage of 

said act. 



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1838 Oha*. 66—67. 866B 

^ 2. And be it further enaded. That all causes trans- J£r.fTJrSZ 
ferred by authority of said act from the said district courts to »><> f^i «««'«« 
the circuit court, directed by law to t>e held in the town of Licwis- «t Lewisburg 
burg, in the State of Virginia, and which remain undetei mined, "™*'***'*^***** 
be removed back to the district courts from whence they were 
transferred, to be there finally determined. 

^ 3. And be it further enacted^ That appellate jurisdiction App«iut« j*. 
from the judgments or decrees of the said district courts of the *^^dS. JSH 
western district of Virginia, as ndw authorized by law, shall be^^^jjj^jjj*^ 
eiercised \>y the said circuit court at Lewisbui^. Approtedy i^witborff. 
MaiN:h 28th, 1838. 
« - • , ■ — . 

CHAP. 66. An act-directing the transfer of money remaining unclaimed * 

by certaiil pensiobers, aad authorizing the payment of the same at the 
' Treasury of the United States. 

^ 1. Be it enacted, fyc, That all money which has been, or au money afur 
may hereafter be, transmitted to the agents for paying pensions, in ^i£?bud!r^ 
which may have remained, or may hereafter remain, in the hands ^imtSTby ^ 
of said agents unclaimed by any pensioner or pensioners for the^^J3ke/hSJ^ 
term of eight months after the same may have or may become JJ«jfjjo{j^j[^« 
due and payable, shall be transferred to the Treasury of the Uni- jjji 'JnfLi'^™*' 
ted States ; and that all pensions unclaimed as aforesaid, shall SoM^cki^ 
be thereafter payable only at the Treas^ury of the United States, K^^^e'^iy 
and out of any money not otherwise appropriated. aitfioTreawry. 

§ 2. And be it further enacted. That the transfer directed by ^J^^^^^ 
the first section of this act shall be made by the draft of thednfToruieiCoin. 
Comnlissionerof Pensions upon the agents .for paying pensions,^ ' **"** *** 
and in favor of the Treasurer of the Ufiited States ; and that porm of dna 
the form of said dmft shall be prescribed by the Secretary of{,° Jj^g^^^ 
War. Approved, April 6th, 1838. . 

' ' ' - - - . ■ .-■ I 

OHAPt 6T. An act to amend the act for quieting possessions, enrolling 

conveyances,' Hind securing the estdtea of purchasers, within the Dis- ^^ ^^ ^gg, e. 
trict of Columbia, passed the thirty-first day of May, eia^een hun- U^ ^oi- 4, p. 
dred and thirty-Ara * ^P 

^ \. Beit enacted, Sfc, That ttie clerks of the circuit court ^^^^ ^^ ^^^ 
of the District of Columbia, and their deputies, in their respec- cuu court d. c' 
live counties, shall be, and are hereby, authorized and required to'^reloFd uj 
to admit to. record any conveyance whereby a right, tiile, or in- wSwby" alright, 
terest, in real estate is conveyed, or purports to be, lying within Jf; i^c^SJlyedi 
the limits of their respective counties, upon the certificate under ^|g^g>°fj*JJJ 
seal of any two justices of the peace of any State or Territory ef {JJ^*J^ J|J^ }J^* 
the United States, or of the District of Columbia, annexed lobwing foniL 
floch deed, and to the following eflect, to wit: 
County [or Corporation, Slc] to wit : pormofcartuu 

We, A B and C D, justices of the peace in and for the county **^ 
[or corporation, or parish, or district,] aforesaid, in the Slate [or 

Territory, or district,] of do hereby certify that E F, a 

party [or E F and G H, &c. parties,] to a certain deed, bearing 
date on the— -'day of and hereto anneied, personally 



Digitized by 



Google 



96S6 1838 CflAP. 67. 

appeared before us in our tonnty [or corporation, &c.] aforesaid, 
the said E F [or E F and G H, &c.] being personally well known 
to us, as [or proved by the oaths of credible witnesses before 
us to be] tlie person [or persons] who e)cecuted the said deed, 
and acknowledged the same to be his, [her, or their] act and 

deed. Given under our bands and seals, this day of ■ ■ 

A. B. [seal.] 
C. D. [seal.] 
»Mtn». Pr&vided^ Tbat^ when such acknowledgment shall be taken be** 
fore any justices of the peace beyond the limits of the District of 
Columbia, there shall accofnpany such certificate of acknowledg- 
ment a certificate of the clerk or other public oflicer having offi- 
cial oogniaance of the fisct, under his official 8eal> that such per* 
sons were, at the date of their said certificate, in fact, justices as 
they purport to l>e* 
Au tMDvty. 4 2. And &s it further mactedy ^hat every conveyance*, co- 
S^ d^iiti^ venant, agreement and other deed, ^except deeds of trust and 
to ^bjjjw*"*** mortgages,) which shall be acknowledged or proved,, and certi- 
moQch^riian fied, according to law, and delivered to tKe clerk of the proper 
ttw^time of. ac. court, lo be rccorded within sir months after the sealing and de- 
tafdMdSTSuic livery thereof, shall take effect and be valid as to aH persons from 
!££??^T- the time of such acknowledgment or proof ; . but all deeds of trust. 
SS?e3Si«?*5S[*"d mortgages, whensoever tbey shall be delivered to the derk 
dtuywd whhtaof the proper court to be recorded, and all other conveyances, 
tue effect te to Goveoauts, agreements, and deeds, which shall not he acknow- 
puroh^^^tik. lodged, proved, or certified, MnA delivered to the clerk of the 
u^ t^^*dit?ra proper court to be recorded within six months after the sealing 
M^^deu^^and delivering thereof, shaU take effect and be valid,, as to all 
to^e recorded g^|;^g^^QDt purchaseFs foT Valuable consideration, without notice, 
and as to all creditors, from the time when such deed of trust 6r 
mortgage, or such other conveyance, covenant, agreement, or 
deed, shall have been so acknowledged, proved, or certified, and 
delivered to the derk of the proper' court to be recorded, and 
rfrofrt^ from th^time only : Prwidtdf howet>ery That, if two or more 
deeds JRtalning the same property, after having been so ac- 
knowledged, or proved and certified, be delivered to the clerk to 
be recorded on the same day, that which shall have been 'first 
sealed and delivered shall have preference 'in law. 
TiUe-bondM»4 ^ 3. And be U further enacf^d. That every title-bond, or 
iMid/w^pif other written contract iii relation to land, may be proved, ac- 
me^^r'^knowledged, certified, and recorded, in the same manner as deeds 
^J^'Jg ®**- for the conveyance of land ; and such proof or acknowledgment, 
and certificate, and the delivery of such bond or contract to the 
clerk of the proper court, to be recorded, shall be taken and held 
to be notice to all subsequent purchasers 6( the existence of 
such bond or contract 
eoSirCpWto a ^ ^' ^^^ ^^ it further enacted, That if any feme covert shall 
^e«i^ wiingjjihj.be a party executing such deed and shall only be relinquished 
^erf^kc., lit her right of dower in such estate or interest, or when a husband 
ofUMpmM^aad his Wife shall have sealed and delivered a writing purporting 



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1888^ Chaf. 87. 9m 



to be It ocMiveyaBoe of aoy oitate or iatereat, and sodi fame oo*-^ u^kaam- 
vert shall appear before any two justices of the peace of any ledfe^t^ mim 

_, __, ■", ^iTT'ir>i «• »x. < • to be her act, Ac 

State or Territory of the United States, or of the District of Col- a^td jiutketthau 
umbia, and, being by them examined privily and apart froni her^u^i^emu! 
husband, and having the deed folly explained to her, shall ao-Sf^c^ ^ 
knowledge the same to be her act and deed, and shall declare 
that she had willingly signed, sealed, and delivered the same, 
and that she wished ndt to retract it ; and such privy examina* 
tion, acknowledgment, and declaration, shad be certified by such 
justices under their hands and seals, by a certificate annexed to 
Boch writing, and to the following effect ; • tliat is to say ^ 
' ' ■ " ■' county [or corpojration, &c.] to wit: • 

We, A B'and CD, justices of the peace in the county [or yy mof c»» 
corporation, &c.] aforesaid, in the State [or Territory, Slc.} 

of -, do hereby ^certify that E Fthe wife of 'G H, party to 

B certain deed bearing date on the ■ day of- and 

hereunto annexed, personally appeared before us in our county 
.[or corporatibn, <&c.] aforesaid, the said £ P, being well known 
tq us as [or proved by the oaths of credible witnesses before us 
to' be] the person' who executed the said deed, and being by us 
•examined, privily and apart froth her husband, and having the 
deed aforesaid ful^y explaiaed to her, ^be, the said E F, acknow- 
ledged the same to tde'hetmct tad deed» and declared that she 
had willingly signed^ sealed, and deUy^red the same, and that 
«fae wished not to retract it. Given under our hands and seals 
this — — day of . i. 

. ' A. B. [seal.] 

^ C. D. [seal.] 

^ndsuch certificate sbsLlI be offered for record to the clerk of ^.T^^^^^^* 
the circuit court of the District pf Columbia, m that county in ^"'^ ^^^ 
which such deed ought to be recordeid. It shall be the duty oftuai ^ "law^'to 
-fluch clerk to record th^ same accordingly ; and when the privy S^u^th^^^ 
•examination, acknowledgment, and declaration of a married ~~ 
woinan, shall have been so taken and, certified, and de^^red to 
the -derk to be recbirded pursuant to the directions of^is act, 
liuch deed shall be as effectual In law to pass her right, title, and. 
iaterest, as if she had been an unmarried woman : Provided 
however t That j^o covenant or warranty contained in such deed 
hereafter executed shall in any manner operate upon Any feme * 
covert, or her heirs, further than to donvey effectually from such ^ 

feme covert and her heirs, Ber right of dower or other interest 
in real estate which she goay have at the date of such deed. 

^ 5. And be it further enacted^ That all deeds heretofore Aiide«toh«». 
Tocorded within the District of Colombia, and in the county {S^SJj^'g*^ 
tvherein any lands, tenemems and heredttaments are situated, menrMTt^^two 
which ai« ^ooRfYeyed in or by said deeds, on an acknowledgniientJ««iceji^jj[^^« 
4i«fore any two jastiioeB of the peaoe for said District, shall be S^ ^ * 
good and effectual for the pBrpose or purposes therein mention- 
ed, and Talid as to all subsequent purchasers, asd ail creditors, 
from the passage of this act, Provided^ said deeds were made proriKi. 

Digitized by CjOOQ IC 



unmanied 
woman. 



2658 1838. Chap. 67—98. 

in good faith, and withoot an interest to commit a fraud apoit 
creditors or bona fide subsequent purchasers. Approved^ April 
ZOth, 1838. 

Act of 1837, e. CHAP. 92. An act to authorize the issuing of Treasury notes to meet 
^ P- ^*^' the current expenses of the Government 

tobSTSScJlS! ^ ^- ^^ ** enacted, fyc, That the Secretary of the Treasury, 
^i%oi'°of Mt ^'^'^ ^^^ approbation of the President of the United States, is 
f^oct'i^ifn hereby authorized to cause Treasury notes to be issued, accord- 
s' M h^6 ing to the provisions of, and subject to, all the conditions, limita- 
lM^^und6?Jj^ tions and restrictions contained in an act entitled '< An act to 
•« «nd <»n«^- authorize the issuing of Treasury notes," approved the twelhh 
day of October last, in plape of such notes as have been, or may 
be, issued under the authority of the act aforesaid, and which 
have been, or may hereafter be, paid into the Treasury and can- 
celled. Approved, Mcty 2Uf, 1838. 
> . ■ ' 

CHAP. 95. An act supplementary to the €u:t entitled *^ An act concerning 
the District of Columbia." • 

Pnsabto. Whereas the present Judge of the Orphan's Court, in and for the 
county of Washington, in the District of Oqlumbia, is, by rea- 
son of age and infirmity, disqualified fot^ the due and proper 
discharge of the duties of his oflSce : 

^ I. Beit enacted, ^c, That, there sfiatl be .appointed in 
An tddiuonai and for the county of Washi/igton, an additional Judge of the 
£!ljSd'^^ ^ Orphan's Court, who shall take an oath for the faithful and im- 
Sf^^MhiSffton partial discharge of the duties of his office ; and who shall have 
ST^W ^thS the same powers, perform the same ddties and receive the same 
S^IK^'prtWBt salary, as are exercised, performed and received by the present 
judftt. Judge of the said Orphan's Court. 

^2. And be it further enacted, That doringthe life or con- 
tinuance in office of the present Judge of the said Orphan's 
powen of Court|ri)e powers of the said Orphan's tlourt shall be' vested in 

\J!a in the said two Judges jointly, or may be exercised by the said tfd- 

j^inti7\ftS?S! ditional Judge separately, as provided in the foregoing section ; 
2j?iJitjSdithJand that ^fter th^ death or resignation of the present Judge, the 
^^jSto^f^said Orphan's Court shall consist of a single Judge as hereto- 
fore. Approved, May ^5th, 1838. 

• : , 

CtlAP. 96. An act to extend the charter of the Union Bank of Georgtown, 
in the District of Columbia. 

Pnuniat. Whereas, it appears that an extension of the charter of the 
Union Bank of Georgetown beyond the first day of July, 
i eighteen hundred and thirty^eight, together with some amend- 

r ment thereof, is necessary to enable the said corporation the 

better to close its concerns, redeem its obligations, and collect 
its debts ; and the extension and amendment as aforesaid have 



Thi 
theOrpl 
Coon 



Digitized by CjOOQIC 



1838 Chap. 9a 26M 

beeB asked by the said corporation for the purpoMt ^bovt 
specified and for none other : Now therefore, 

^ I. Beit enacted, fyc. That the charter of the said corporation charter ar tto . 

be extended until the first of July, eighteen hundred and forty-two, crjfai oC« m- ^ 

so as further to grant, continue, and reassure to ssTid corporation j!u^iml^ ''* 
the rights and privileges thereof, upon the conditions and with the 
litnitations in said charter specified, and with certain exceptions ■ 

and )()ther conditions and limitations hereinafter to be oamed, 
lentil the day and year last mentioned* 

^ 2. An^ be it further enacted, TIjat on the first Monday ^^^ ami 
in April next, and thereafter, the number of directors of the M>t« <»• ^^^. \ 

Union Bank shall be reduced to four, .together with a president, u V^o^ to 
to be elected- as now provided by the charter of said bank, any ^^'* ^' 
one of which directors, together with th'e president, shall con- 
stitute a board to do the business of the bank. 

^ 3. And be it further enacted. That the president and . JdSiJIZl^t 
directors of said bank may call a meeting of the stockholders ^["M^'iklLif 
of said bank, in such manner as shall be prescribed by the'<*'^«*«<^''<*"^ 
lavigi and ordinances of said corporation, and at such time as tM«. to whom 
they may select, for the purpose of electing a trustee or trus- or m £S!!f) -^ 

tees, (not exceeding three,) to whom shall be granted, until the ^ SlT^vl 
first of July, eighteen hundred and forty-two« (should a majority w*™""". •^ 
of the votes present so d^ci<)e,^ the management of the con- ., 

cerns of said bank, together with the pointers relating thereto, 
as fblly and with the same limitations, together with others 
hereinafter, to be named, as they are now given to the presi- 
dent and directors of the said corporation. And should it be 
the pleasure of the said stockholders, signified as aforesaid, to 
make the said change in the direction and management of the sbooMtbenid 
said bank, the. trustee or trustees shall be elected in the same th!u»toSt^ 
manner ^s is prescribed by the charter of said corporation for^nS^^tirlJZ^^w 
the election of directors. In soph case as made and provided, J^^^*;^''*"^*^ 
the -president and directors then be^ng shall select a commis^ , And tii* pred- 
sioner to convey to such trustee or trustees all the #opertyj t oommiMioiMr 
real and personal, of said corporatibn, and all its choses in ^SaSH^wt^SMi 
action, its rights and interests of every description, whether in j/i,** ^'^'^^* ' 
litigation or not, ufjon the condition, . first, of discharging all the 
debts due from said corporation ; and, after the satisfaction of 
this trust, upon such other trosts^^ condition^ and limitations, not 
inconsistent with the general laws for the gove|pmeot of the ^ 

District of Columbia, or with their said charter, as herein 
amended, as they may see fit to prescribe in the conveyance by 
which they appoint the said trustee or trustees : Provided, how- ^nwimt 
ever, That the charteY of the said corporation, as now amended, ^ 

shalt be voidable, upon any act of the said trustee or trustees, 
for which it might be avoided if it bad been committed by the *' 

? resident and directors of said corporation : And provided also, Furtiwt pr«TiM; | 

*hat nothing herein contained shall be construed as to inca- 
pacitate the president and directors of syid bank in being at the j 
time of said election, from receiving at that election the ap- 

Digitized by CjOOQ IC , 



26to 1838 Chap. 9& 

poi5l«i«ttt of trustee er ImtrteiBBy end taking to him or them the 
deed of trust aforesaidy which may provide, if three trustees be 
selected, that any one or two may act in the case of the death 
or removal from the trast of the others. 
Mw^wni wc. ^ "*• -^^^ *^ ^ further enacted, That the said corporation 
paTabtotob^iwi shall not after the first day of Jaly, eighteen hundred artd 
M''d«p!^iiMrez- thirty-eight, issue or re-issue any bills, notes, or checks, payable 
SFie^«Sewlrf] to* bearer ; nor shall they issue certi6cates of deposite, payable 
«i?2d°?ilS''M- *^ hearer ; nor shall it- receive any money or other property 
eept, 910. ' from any otheir corporation or frpm any person other than one ' 
of its stockholders, on. deposite, and under an obligation tore- 
turn it ; nor shall the said corporation at any time after the first 
of July, eighteen hundred and thirty->eight, receive or enter into 
any new obligations of liabilities other than such deeds or as- 
signments as may be necessary to cenvey away absolutely the 
property, real or personal, of the said bank, or other than the 
renewal from time to time of existing debts due said corpo- 
ration on the receipt of partial payments, and the taking of 
such obligations^ additional assurances, new liens, or new sure- 
ties, as may l>e* necessary and proper for securing the colleclioii 
of debts due to the said bank on the firM of Jdly,, eighteen 
hundred and thirty-eight, an4 for enforcing the performance of 
obligations created- oh or 'before the day and year last afore- 
iWifo. said : Pravidedy however, That nothing herein coqtained shall 
prevent the said corporation from employing such officers and 
agents as may be necessary, for transacting its affairs. 
No«hiD| beMa 4> ^* ^^^ &^ i^ further enacted, That nothing herein c6n- 
bT^*^ Mmtnitd tained shall be so 9onstrued as to destroy or in any raauAer 
^u^u?o?^' Jui! tnipair the force of the obligations, rights, and. liabilitiea, to or 
iLf * b«'"3i ^^^^ ^^® **'^ corporation ; but, on the contrary, all suits, bills, 
■irite.ttto., ■hall plaints, informations, actions, whether legal or equitable, judg- 
SLimmbCUoT ments, decrees, and executions, by or against said corporation,; 
shall proceed without abatement, discontinuance, or necessity 
for revivor, in due course of law, as if no change had been 
' hereby %idde .in the affairs of said corporation, and as if the 
. charter by original 'creation had extended to the first of July, 
eighteen hundred and forty-two; and in all actions, legal or 
equitable, and in all -process by or against said corporation, the 
ProviM. name and style thereof shall remain the same: Provided Aoto- 
every That if a trustee or tru^ees should be* elected, all sum-^ 
^ roonSy notic^»and other process, legal or equitable, shall after-* 

wards be served upon bi^ or them in the same manner aa 
I before they were served upon the president and other officers 

^^ of said bank ; but all acquittances for debts due to the said 

corporation, in any manner whatsoever, must be given by the 
£ said trustee or trustees after their appointment by deed as 

^ aforesaid ; and in that case, and after that event, mi payment^ 

except to hioi or them, or to his or their authorized agents, 
shall operate as a discharge of the • obligation or debt due to 
said corporation. Any creditor of said corporation who shall 



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1838 CKAr. 9SL MM 



obtain exeeotiomr or amfcbniMii Upes tnjr daeiM or jt wl gm oci, 
may levy the same apon any proporty, real or peraonal, sobjeot 
in its nature to such execution or attaehmenti and oonvoyed 
by the said corporation, as hereinafter mentionedi to each trus- 
tee or trustees ; and if not enough of sueh property be found 
to satisfy the debt,' then the said trustee or trustees shall bi 
personally liable for the same, to the extent to which he or they 
may have received property, real, personal, or mixed, from said 
corporation, (estimated at the time of conveyance without in* 
terest,) and may not have applied the same to tho payment of 
debts dae from said corporation. 

<^ 6. And be U fwihtr enadedf That the said trustee, or ^^^^^^^^^ 
trustees, shonld they be appointed, may prosecute, after tbepS^*may,% 
first day of July, eighteen hundred and forty-two, any action, ^!^ii^t?any^ 
legal or equitable, or judgment, decree, attachment, and exe- JJSJmiCiiS?* 
cution, then in existence, or then pending in any court having 
competent jurisdiction of the subject, without abatement; dis- 
continuance, or necessity for revivor, in the same manner as if 
such corporation were still in existence for the uses and trusts 
of the deed berein-before mentioned, and under which they de- 
rive this authority. Any person purchasing from the trustees rnw&H p«». 
their rights and interests in said actions, legal or equitable, £rt'^i^uMM 
judgments, decrees, or executions, shall be substituted in theJEeJ^p^^ 
said privilege of prosecuting their claims in manner aforesaid, ^^^^Snmiid 
in the name of the said corporation, and for bis own benefit. ^• 
And all actions, legal or equitable, judgments, decrees, attach- AiiMtioot^is. 
ments, and executions, against said corporation^ which may be ^u^l^^bteh 
pending in any court having competent jurisdiction of the sub- ^H^^'v^ 
ject, on the first of July, eighteen hundred and forty-two, may ™^^^ p'^JJJ 
proceed according to the forms of law, without abatement, dis-BMot,4be. 
continuance, or necessity for revivor, in the same manner as if 
said corporation were still in existence: Provided, however, protiR>. 
That the said trustee or trustees after the fint of July, eighteen 
hundred and forty-five, shall not be liable for any debt due 
from the said corporation to others than stockholders, except in 
those cases in which judgments, decrees, attachments, or exe- 
cutions are obtained upon them in actions, whether legal or 
equitably, which were instituted before the day and year last 
mentioned. 

'J 7. And be U further enaded, That in the event of a 'i£j;j*5*;f 
selection of a trustee or trustees as aforesaid, it shall be their tiSL^w tm^ 
duty to advertise the fact for eight weeks auooessively in two iS!!;rtil^«A!Ml 
of the newspapers published in the Distriot, one of which shall *^' 
be selected in Washington and the other in Alexandria. And 
it shall also be the duty of the said trustee or troeiees to cause Abo eawetiM 
a copy of the deed conveying to them ib trust as aforesaid ^o^^l^^X- 
be recorded in the clerk's office of the court for the county ofo<"^u[off-«>^ 
Washington, District of Colimbia, and also to forward a copy ^ Mat* \!^L^ 
of the same to the Secretary of State for the United States. 

^8. And be it further enacted. That unless the president uaIms um pi**. 

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183ft— Chap. Qft-IOG. 

^j;^|*^and directors for the time beiog of the said corporation shall, 
•te'fito^witMb'^^ behalf of the stockholders, and in virtue of an authority 
seo.orti?Twfrom them, or from a majority in interest and number of them, 
TMamUoora^ file their declaration, in writing, in the office of the Secretary 
X^f, t^e J^^of the Treasury, within six months from the passage of this 
Cr*Sr rijh/to*^> assenting to and accepting the extension of the charter here- 
theextontion. by granted, under the terms, conditions, and limitations con- 
tain^ in this act, then the said corporation shall forfeit all right 
to an extension of charter. 
ooSdiiJ3^***ut ^ ^" '^^^ ** ^ further enacted^ That this act shall be con- 
ikTlet*; and Mtisidered a public act; and so much and such parts of any act or 
npofowt i^n^i^Qig heretofore passed in relation to said corporation as may be 
repugnant to this act, be, and the same are hereby, repealed 
and annulled. .Approved^ May 25/ A, 1838. 

■ ■ ■- .1 . , ■ I - .. . 

CHAP. 101. An act to continue the corporate existence of the Banks in 
• the District of Columbia. 

iw?!!SdM^ ^ I' Beit enacted, fyc. That the charters of the Farmers and 

I Sliik^f ih?Mi!^®^'^^^^'* ^enk of Georgetown, the Bank of the Metropolis, 

ig^ib,^triotio Patriotic Bank of Washington, and Bank of Washington, in the 

w^binctoD, ^ city of Washington, and the Farmer's Bank of Alexandria, and 

wTalaiiJf^p^Bank of Potomac, in the town of Alexandria, be, and the same 

{J5Jf'j„^J|*Jg!£are hereby, extended to the fourth day of July, in the year 

^f^f^^' eighteen hundred and forty : Provided y The said banks, each for 

itself, shall conform to the following conditions : 

First. To cease receiving or paying out all paper currency of 
less denomination than five dollars, on or before the day of the 
promulgation of this act. 

Second. To redeem all their notes of the denomination of 
five dollars in gold and silver, from and after the first day of August, 
in the present year. 

Third. To resume specie payments in full, on or before the 
first day of January, in the year one thousand eight hundred 
and thirty-nine, or sooner, if the principal banks of Baltimore 
and Richmond should sooner resume specie payments in full. — 
Approved, May 3Ut, 1838. 

CHAP. 103. An act to repeal certain provisos of " An act to alter 
and amend the several acts imposing duties on imports," approved 
Artrf 18^ e. the fourteenth day of July, eighteen hundred and thirty-two. 

The Moriio of ^^-^eU enocted, ^c. That the provisos of the tenth and twelfth 
SlTiiSriuJ^^'^^^^^ ^^ ^^^ second section of the act to alter and amend the 

* ii,NpeaM. several acts imposing duties on imports, passed July the four- 
teenth, eighteen hundred and thirty-two, be, and the samp are 
hereby repealed. Approved^ May 3l8t, 1838. 

CHAP. 106. An act to divide the Territory of Wisconsin and to establish 
the Territorial Government of Iowa. 

^1. Beit enacted, SfC. That from and after the third day of 

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1838 Chap. 106. 2663 

July next, all that part of the present Territory of Witconrin thl'^l^^r^. 
which hes west of ihe Mississippi river, and west of a Hbe drawn J}?^,2[J^'^SSJ 
due North from the head waters or sources of the Mississippi to ^^^ '^ 
the Territorial lipe, shall, for the purposes of temporary Govern* Tenttoiy of i> 
ment, be and constitute a separate Territorial Government by ^^ 
the name of Iowa ; and^that from and after the said third day of 
July next, the present Territorial Government of Wisconsin 
shall extend only to that part of the present Territory of Wis- 
consin which lies east of the Mississippi river. And after the ^^ 
said third day of July next, all power and authority of the Gov^ or^^wtoMS^l 
ernment of Wisconsin, in and over the Territory hereby consti- Sm^^?^ 
tuted shall cease : Provided^ That nothing in this act contained SftSJ/US.*'^ 
shall be construed to impair the rights of person or property, Frovi«>* 
now appertaining to any Indians within the said Territory so 
long as such rights shall remain unextinguished by treaty between 
the United States and such Indians, or to impair the obligations 
of any treaty now existing between the United States and such 
Indians, or to impair or anywise to affect the authority of the 
Government of the United States to make any regulations re* 
specting such Indians, their lands, property, or other rights, by 
treaty or law, or otherwise, which it would have been competent 
to the Government to make if this act had never been passed : 
Provided, That nothing in this act contained shall be construed p>»v1w* 
to inhibit the Government of the United States from dividing 
the Territory hereby established into one or more other Territor- 
ies in such manner and at such times as Congress shall. In its 
discretion, deem convenient and proper, or from attaching any 
portion o( said Territory to any other state or Territory of the 
United States. 

^ 2. And be it further enactedy That the executive power Bxecntire pow. 
and authority in and over the said Territory of Iowa shall be qotI^ '^^ 
vested in a Governor, who shall hold his ofiice for three years, SSj!SL, a? 
unless sooner removed by the President of the United States. 
The Governor shall reside within the said Territory, shall be tii^rMhf'oOTl 
commander-in-chief of the militia thereof, shall perform the du- *"^^* 
ties and receive the emoluments of superintendent of Indian af- 
fairs, and shall approve of all laws passed by the Legislative As** 
sembly before they shall take effect ; he may grant parij^ons for 
offences against the laws of the said Territory, and reprieves for 
offences against the laws of the United States, until the decision 
of the President can be made known thereon ; he shall commis- 
sion all officers who shall be appointed to office under the laws 
of the said Territory, and shall take care that the laws be faith- 
fully executed. 

§ 3. And be it further enacted, That there shall be a Secreta** ^ g^ ^^ ^^^ 
ry of the «iid Territory, who shall reside therein, and hold his JJJSa'fo^foK 
office for four years, unless sooner removed by the President of ^MnsAc. 
the United States ; he shall record and preserve all the laws and 
proceedings of the Legislative Assembly hereinafter constituted, secr^ulr.^ 
and all the acts and proceedings of the Governor in his execu- 



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8664 IB36. Chap. 106. 

live department ; be sjian tneemit one copy of the laws and one 
copy of the executive proceedings, oo or before the first Mon-* 
day in December ia each year, to the President of the United 
States, andf at the same timet two copies of the laws to the Spea« 
ker of the Soase of Represeotatives, for the use of Congress. 
And 10 case of the death, removal, resignation, or necessary ab- 
sence of the Governor from the Territory, the Secretary shall 
to ac?a^^^ have, and he is hereby authorized and required to execute and 
^j^^^*^ perform all the powers and daties of the Governor during such 
vacaacy or necessary abwince, or until another Governor shall be 
duly appointed to fill such vacancy. 
eJ^lSd'STtE ^ *• '^^ ^ ** further enadedy That the legislative power 
Qo^. and a Le. shall bo vcated in the Governor and a Legislative Assembly. 
gdativa Aammrj^j^^ Legislative Assembly shall oonsist of a Council and House 
w^fft^rMot Bepreseotatives. The Council sbatl consist of thirteen mem- 
Ifo^j^'^p^bers, having the quaJificatipns of voteni as hereinafter prescribed, 
cooDciL whose term of service ahall oeatiaue two years. - The House of 
HouM of Kept. B^presentatives shall oooaistof twenty-six members possessing 
the same qualifications as prescribed for the members of the 
Council, and whose term of service shall continue one year. An 
Appordonment apportionment shall be made as nearly equal as practicable, 
ofnpraentatioii. j^j^^Qg ||,g geveral couuties, for the election of the Council and 
Representatives giving to each section of the Territory represen- 
tation in the ratio of its population, Indians excepted, as nearly 
Btonbento beas may be. And the said members of the Council and House of 
the dioL for Representatives shall reside in and be inhabitants of the district 
^F^viow'to the for which they may be elected. Previous to the first election, 
oUJrft^hl^T'iSJthe Governor of the Territory shall cause the census or enumer- 
22J1Ji?^"*' "Nation of the inhabitants of the several counties in the Territory 
to be taken, and made by the sheriffs of the said counties, re- 
spectively, unless the same shall have been taken within three 
months previous to the third day of July next, and returns there- 
Fint eieetion,of madc by said sherifis to the Governor. The first election shall 
MthSe^ahl^be held at such time and place, and be conducted in such man- 
direct, etc. ner as the Governor shall appoint and direct ; and he shall at the 
same time, dee/are the nunober of members of the Council and 
House of Representatives to which each of the counties or dis- 
tricts are entitled under this act. The number of persons au- 
thorized, to be elected having the greatest number of votes in 
each of the said counties or districts for the Council, shall be de- 
oovr.todecureclared by the said Governor to be duly elected to the said Coun- 
ing^T^ffreateetcil ; and the person or persons having the greatest number of 
toUdectedT'^ votes for the House of Representatives, equal to the number to 
which each county may be entitled, shall also be declared by the 
^^"'"^ Governor to be duly elected : Pr0i)idedy The Governor shall or- 
der a new election when there is a tie between two or more per- 
sons voted for, to supply the vacancy made by such tie. And 
the persons thus eleeted to the Legidative Assembly shall meet 
at such place, and on such day as he shall appoint ; but there- 
after the time, place, and manner of holding and conducting all 



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1838 Chap. 1M. tm 

f 

elections by the people, and the apportioning the representatton 
in the several counties to the Gooncii and House of Representa- 
tives, according to population, shall be prescribed by law, as well 
as the day of the annual commencement of the session of the 
aaid Legislative Assembly ; but no session in any year shall exceed 
the term of seventy-five days. 

^ 5. And be it further enacted^ That every free white 
male citizen of the United States, above the age of twenty-one or vJtera,^*!!^ 
years, who shall have been an inhabitant of said Territory at the****^*^ eiectkm. 
time of its organization, shall be entitled to vote at the first elec- 
tion, and shall be eligible to any office within the said Territory ; 
but the qualificatione of voters at all subsequent elections, shall q^^^ ^turar 
be such as shall be determined by the Legislative Assembly : 
Pratnded^ That the right of suffrage shall be exercised only by Proriao. 
citizens of the United States. 

^ 6. And be it farther elected, That the legislative power of p^^„ ^^^ 
the Territory shall extend to all rightful subjects of legislation ; ^^^^^ 
but no law shall be passed interfering with the primary disposal "^ 

of the soil ; no tax shall be imposed upon the property of the 
United States ; nor shall the lands or other property of non-resi- 
dents be taxed higher than the lands or other property of resi- 
dents. AH the laws of the Governor and Legislative Assembly ,^iS'^t^^. 
shall be submitted to, and if disapproved by, the Congress of ff"*'""''^" 
the United States, the same shall be null and of no effect. 

^ 7. And be it further enacted, That all township oflicers, oiSeen to bo 
and all county oflScers, except judicial officers, justices of theJ^pS ^^ ^ 
peace, sheriffs, and clerks of courts, shall be elected by the peo- 
ple, in such manner as is now prescribed by the laws' of the Ter- 
ritory of Wisconsin, or as may, after the first election, be pro- 
vided by the Governor and Legislative Assembly of Iowa Terri- 
tory. The Governor shall nominate and by and with the advice 
and consent of the Legislative Council, shall appoint all judicial 
oflScers, justice of the peace, sheriffs, and all militia officers, ex-ap^mJdbM^ 
cept those of the staff, and all civil officers not herein provided ^^ ^^ ^. 
for. Vacancies occoring in the recess of the Council, shall be "JJ^^^^^f* 
filled by appointments from the Governor, which shall expire ^^^uni^^tattiere^ 
the end of the next session of the Legislative Assembly ; but the c?88?fthe coim. 
said Governor nray appoint, in the first instance, the aforesaid ^^^^'^^^^ *"**** 
oflkers, who shall hold their offices until the end of the next ses- 
sion of the said Legislative Assembly. 

^ 8. And be further enacted, That no member of the Legis- ^jJJJ^^^ 
lative Assembly shall hold, or be appointed to, any offices crea- 
ted, or the salary and emoluments of which shall have been in- 
creased, whilst he was a member, during the term for which he 
shall have been elected, and for one year after the expiration of 
such term ; and no person holding a commission or appointment 
under the United States, or any of its officers, except as a militia 
officer, shall be a memtier of the said Council or House of Re- 
presentatives, or shall hold any office under the Government of 
the said Territory. 

^ 9. And be UfMh$r enacted, That the H«ciaJ|0X<^OOgle 



S666 



1838 Chap. 106. 



JuriBdietions 
tbeMveral 
eoorts. 



Proviao. 



^^>«gjf>^ the said Territory shall be Tested in a supreme court, district 
premeeoart,diBt. courts, probate courts, aud 10 justices of the peace. The su-^ 

courtBi Mtri jus- * 111 • i»i»^»« I • 

tioe8ofthepeaoe.preme court shall consist of a chief justice, and two associate 
supremecourL^^jg^g^ any two of whom shall be a quorum, and who shall hold 
a term at the seat of GoTcrument of the said Territory annually, 
and they shall hold their offices during the term of four years. 
The said Territor]r shall be divided into three judicial districts ; 
Diatrist courts, and a district court or courts shall be held in each o£ the three 
districts, by one of the judges of the supreme court at such times 
and places as may be prescribed by law ; and the said judges 
shall, after their appointment, respectively, reside in the districts 
which shall be assigned to them. The jurisdiction of the seve- 
ral courts herein provided for, both appellate and original, and 
that of the probate courts, and of the justices of the peace, shall 
be as limited by law : Provided^ however^ That justices of the 
peace shall not have jurisdiction of any matter of controversy, 
when the title or boundaries of land may be in dispute, or where 
the debt or sum claimed exceeds fifty dollars. And the said su- 
preme and district courts, respectively, shall possess a chancery 
as well as a common law jurisdiction. Each district court shall 
appoint its clerk, who shall keep his office at the place where the 
court may be held, and the said clerks shall also be the registers 
in chancery ; and any vacancy in said office of clerk happening 
in the vacation of said court, may be filled by the judge of said 
district, which appointment shall continue until the neit term of 
said court. And writs of error, bills of exception, and appeals 
in chancery causes, shall be allowed in all cases, from the final 
decisions of the said district courts to the supreme court under 
such regulations as may be prescribed by law ; but in no case 
removed to the supreme court shall trial by jury be allowed in 
said court. The supreme court may appoint its own clerk, and 
every clerk shall hold his office at the pleasure of the court by 
which he shall have been appointed. And writs of error and 
appeals from the final decisions of the said supreme court shall 
be allowed and taken to the Supreme Court of the United States, 
in the same manner and under the same regulations as from the 
circuit courts of the United States, where the value of the pro- 
perty, or the amount in controversy, to be ascertained by the 
oath or affirmation of either party, shall exceed one thousand 
dollars. And each of the said district courts shall have and ex- 
ercise the same jurisdiction in all cases arising under the consti- 
tution and laws of the United States, as is vested in the circuit 
and district courts of the United States. And the first six days 
of every term of the said courts, or so much thereof as shall be 
necessary, shall be appropriated to the trial of causes arising un- 
der the said constitution and laws. And writs of error and ap- 
peals from the firial decisions of the said courts, in all suoh cases^ 
shall be made to the supreme court of the Territory, rn the same 
manner as in other cases. The said clerks shall receive in all 
such cases, the same fees which the clerk of the district courts oC 
Wisconsin Territory now receives for similar services. 



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1838 Chap. 106. 2667 

^ 10- And be U further enacted^ That there shall be an at- yj^l ^^^^^ 
torney for the said Territory appointed, who shall continue in <^ar ywrt-ut 
office four years, unless sooner removed by the President, and ''*^' 
who shall receive the same fees and salary as the attorney of the 
United States, for the present Territory of Wisconsin. There Amtnuiiohi 
shall also be a marshal for the Territory appointed, who shall ^^^^Jf^ 
hold his office for four years, unless sooner removed by the Pros- ^. etc.*" ° ' 
ident, who shall execute all process issuing from the said courts 
when exercising their jurisdiction as circuit and district courts of 
the United States. He shall perform the same duties, be subject 
to the same regulations and penalties, and be entitled to the same 
fe^, as the marshal of the district court of the United States for 
the present Territory of Wisconsin ; and shall, in addition, be 
paid the sum of two hundred dollars annually, as a compensation 
for extra services. 

^ U. And be it further enqfliii That the Governor, secre- ^ ^«jjj j^*»^ 
tary, chief justice, and associate judges, attorney and marshal, pmSLit with u» 
shall be nominated, and by and with the advice and consent of mJ^^ SE^ s^ 
the senate, appointed by the President of the United States. *^' 
The Governor and secretary to be appointed as aforesaid, shall, ootwhoi and 
before they act as such, respectively, take an oath or affirmation, Menury to ta« 
before some judge or justice of the peace, in the existing Territo- *"*** ' ^' 
ty of Wisconsin, duly commissioned and qualified to administer 
an oath or affirmation,. or before the chief justice, or some asso- 
ciate justice of the supreme court of the United States, to sup- 
port the constitution of the United States, and for the faithful 
discharge of the duties of their respective offices, which said 
oaths when so taken, shall be certified by the person before whom 
the same shall have been taken, and such certificate shall be re- 
ceived and recorded by the said ' Secretary among the executive 
proceedings. And, afterwards, the chief justice and associate chief jnttiee 
judges, and all other civil officers in said Territory, before they j^dgM, ^^*m 
act as such, shall take a like oath or affirmation before the said to^tlkl^'t^'l^h! 
Governor or secretary, or some judge or justice of the Territory *^* 
who may be duly commissioned and qualified^ which said oath or 
affirmation shall be certified and transmitted by the person taking 
the same to the Secretary to be by him recorded as aforesaid ; 
and, afterwards, the like oath or affirmation, shall be taken, cer- 
tified, and recorded, in such manner and form as may be pre- 
scribed by law. The Governor shall receive an annual salary of q^J^'J ^ *'*• 
fifteen hundred dollars as Governor, and one thousand dollars as 
superintendent of Indian afiairs. The said chief judge and asso- salary of um 
ciate justices shall each receive an annual salary of fifteen hun- ^iatojSuM. 
dred dollars. The secretary shall receive an annual salary of salary of the 
twelve hundred dollars. The said salaries shall be paid quarter- '^£ur!ei how 
yeaVly at the treasury of the United States. The members of '^Sj of the mom- 
the Legislative Assembly shall be entitled to receive three dollars llJ^^^'^JJ^^f*^ 
each per day, during their attendance at the sessions thereof ; 
and three dollars each' for every twenty miles travel in going to 
and returning from, the said sessions, estimated according to the 
nearest usually travelled route. These shall be appropriated, an- 

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2668 1838 Chap. 10& 

J^^^^ the nuoHy, Ibe sun of three bandred anil fifty doHars, to be eipend-^ 
IwritoijF, etc. ed by the Governor to derray the contingent expenses of the 
Territory ; and there shall also be appro|>riated, annually, a suffr* 
cient sum, to be expended by the Secretary of the Territory, and 
, upon an estimate to be made by the Secretary of the Treasury 

of the United States, to defray the expenses of the Legislative 
Assembly, the printing of the laws, and other incidental expen- 
ses ; and the secretary of the Territory shall annually account ta 
the Secretary of the Treasury of the United States, for the man«^ 
ner in which the aforesaid sum shall have been expended. 
•am/^uinnl^ "^ ^^' ^^d be it further enocttd, That the inhabitants of the 
to wiMsonsin. said Territory shall be entitled to all th^ rights, privileges and 
immunities heretofore granted and secured to the Territory of 
Eziating lawt Wiscousiu and to its inhabitants ; and the existing laws of the 
tended omiowai Territory of Wisconsin shall be extended over said Territory, so 
^' , far as the same be not incompatible with the provisions of thi» 

act, subject, nevertheless, to be altered, modified, or repealed, bjr 
the Governor and Legislative Assembly of the said Territory of 
.JSJ!.H;S:^"Iowa; and further, the laws of the United States are hereby ex- 

temlea over lowa, ' iini-i- •■m* /•■ 

•to. tended over, and shall be in force in said Territory, so far as the 

same, or any provisions thereof, may be applicable. 

^ 13. And be U further enacted, That the L^slative Assenw 
thf^uSIiSivJ^'y ^^ ^^^ Territory of Iowa shall hold its first session at such 
Aoembij to 'bS time and place in said Territory as the Governor thereof shall 
where j[b^° oov%ppoint and direct ; and at said session, or as soon thereafter a» 
''^Go^mOT and "^^^y '>y ^^em be deemed expedient, the said Governor and heg^ 
i^gitiaUTe Ae-igijiii^e Assembly shall proceed to locate and establish the seat of 

•embly to loeaie <• • » m • ■ ■ • «. 

ud esubiish the Government for said Territory, at such place as they may dfeevm 

'^^ *^ eligible, which place, however, shall thereafter be subject to be 

changed by the said Governor and Legislative Assembly. Anil 

pJJ5Jf\J"J!^;tbe sum of twenty thousand ddlars, out of any money in the 

2^1^ o'j^^'^ Treasury not otherwise appropriated, is hereby granted to tbe 

M«tor&n. ^said Territory of Iowa, which shall be applied by the Governor 

and Legislative Assembly thereof to defray the expenses of ereet-* 

ing public buildings at the seat of Government. 

^iMMateetotbe <^ 14. And be it further enacted. That a delegate lo tbe 

onhruj9.-h£w House of Representatives of the United States to serve for the 

eieeted, etc. ^^^^ ^^ ^^^ years, may be elected by the voters qualified to elect 

members of the Legislative Assembly, who shall be entitled ta 

tiie same rights and privileges as have been granted to the dele-' 

gates from the several Territories of the United States, to the said 

House of Representatives. The first election shall be held at 

suoh time and place or places, and be conducted in such manner 

as the Governor shall appoint and direct. The person having 

tbe greatest number of votes shall be delared by the Governor to* 

be duly elected, and a certificate thereof shall be given to the 

person so elected. 

de^i'iJfoo°3d ^ ^^* "^^ *• * further enacted, That all< soits^ process, and 

jQiy next in tbe procoediugs, and all indictments and informations, which shall 

wLKN!!aSr^«^be undetermined on the third day of July next, in tbe district 

SwTiTfSlJff! courts of Wisoonrin Territory. w#*«t of tK* Mtwissinoi viv^^r. irfmll 

Digitized by CjOOQ IC 



1838. Chap. 106. 2669 

be transferred to be heard, tried, prosecuted and determined in ka ^^j^^.'^ 
the district courts hereby established, vvhich may include the said t^^ ^^ ' ^ 



counties. 

^16. And be it further enacted^ That all justices of the.J«idieiaioflfe«ni| 
peace, constabljes, sheriffs, and all other executive and judicial jaiy M^rtt^^baU 
officers, who shall be in office on the third day of July next, in unui lb?t?7MM 
that portion .of ine present Territory of Wisconsin which will SJ^JJJf liSi!^ 
then, by this act, become the Territory of Iowa, shall be, and 
are hereby authorized and required to continue to exercise and • 
perform the duties of their respective offices, as officers of the 
Territory o( Iowa, temporarily and until they, or others, shall be 
duly appointed to fill their places by the Territorial Government 
of Iowa, in the manner herein directed : Promdedy That no offi- prorta). 
cer shdil hold or continue in office by virtue, of this provision, 
over twelve months from the said third day of July next. 

^ n. And he it further enacted^ That all causes which shall f^^^'^SSHT^t 
have been or may be remqved from the courts held by the pros- 2f'"<^v^ 7^ 
€nt Territory of Wisconsin, in the counties west of the Missis- ioto*b«?ap«n« 
sippi river, by appeal or otherwise, into the supreme court for the ^^^^^rZ^ 
Territory of Wisconsin, and which shall be undetermined therein J^n'lfoJreJtS'S; 
on the third day of July next, shall be certified by the clerk o(»^p^^^^^ 
the said supreme court, and transferred to the supreme court of ^"^^ 
said Territory of Iowa, there to be proceeded in to final determi- 
nation, in the same manner that they might have been in the said 
auprcme court of the Territory of Wisconsin. 

*^ 18. And be it further enacted, That the sum of five thou- ^wyo ^n^ 
sand dollars be, and the same is hereby appropriated, out of any purehuM of a ii< 
money in the Treasury not otherwise appropriated, to be expend- ^["fJ^mt^'Sr 
ed by, and under the direction of the Governor of said Territory °<»^>«*«- 
of Iowa, in the purchase of a library, to be kept at the seat of 
Government, for the accommodation of the Governor, Legislative 
Assembly, judges, secretary, marshal, and attorney of said Terri- 
tory, and such other persons as the Governor and Legislative 
Assembly shall direct. 

<^ 19. And be it further enacted, Tbat from and after the 
day named in this act for the organization of the Territory of 
Iowa, the term of the members of the Council end House of Tem or the 
Representatives of the Territory of Winconsin, shall be deemed SJiidraui ro! 
to have expired and an entirely new organization of the Council ^^JiJrVe^iw 
Und House of Representatives of the Territory of Wisconsin as<»"^^ •'"'y ""'J 

. , I I . I II I 1 ^11 A *"" * "•^ organ- 

constituted by this act shall take place as follows : As soon as iM^ioa to take 

practicable after the passage of this act, the Governor of the Ter- ^**'*" 

ritory of Wisconsin shall apportion the thirteen members of. the Appoio'imntof 

Council and twenty-six members of the House of Representatives IJ; c'SS!jSi"Md 

among the several counties or districts comprised within said ^odm or Kept. 

Territory, according to their population, as neariy as may be 

(Indians excepted.) The first election shall be held at such time First election, 

as the Governor shall appoint and direct ; and shall be conduct- Moduouldf ko?'' 

ed, and returns thereof made, in all respects, according to the 

provisions of the laws of said Territory, and the Governor shall 



Digitized by CjOOQIC 



«rO 18S8. — Ghaf. 106— 108. 

declare the persons having the greatest number of rotes to be 
elected, and shall order a new election when there is a tie be- 
tween two or more persons voted for, to supply the vncaney vnade 
• Ttaftsndpfauby sach tie. The persons thus elected shall meet at Madrson the 
•f ttaetiDf. ^j^i ^f Gk>?emment on such day as he shall appoint, bui ihere- 
mfter the apportiening of the representation in the several counties 
to the Council and House of Representatives according to popu- 
lation, the day of their election, and the day for the commence- 
ment of the session of the Legislative Assembly shall be pre- 
scribed by law. 
Got. of Iowa ^ gQ. And ht it further enacted, That temporarily, and Until 
SSJL«tSj^diou^ otherwise provided by law of the Legislative Assembly, the Gov- 
tSirladget^aSernorof the Territory of Iowa may define the judicial districts of 
lP*hoidta/*^J»W Terrhory and assign the judges who may be appointed for 
LwSiitiJ?* )!!; Mid* Territory, to the several districts and also appoint the timea 
Mmbiy mayahar for holding courts lu the several counties in each district, by 
ibe MM. proclamation to be issued by him ; but the Legislative Assembly, 
flit their first, or any subsequent session, may organize, alter, or • 
modify such judicial districts and assign the judges and alter the 
times of holding the courts or any of them. Approved^ June- 

12tA, 1838. 

■ ■ . - - ■ . ■■ - . . »■ - , 

CHAP. 106. Aa act to secure the paymeat of certain oommisslons op. 
Aet of 1837, e. duty bonds to collectors of customs. 

S; aute. p. 

M^iKd? "SH ^ 1- Be it enacted, fyc. That, on all bonds for duties, taken by 
2y Mt ^*^ ^^y collector of the customs, the payment whereof has been at anjr 
j&n; •hau be ai^ time postponed by virtue of "An act authorizing a further postr 
eommtMioni**^ ponement of payment upon duty bonds," passed on the six-? 
•r uia *nml^ tcenth day of Octobej last, the collectors who took said bonds^ 
SSSl, Saii'"bi respectively, or. their legal representatives, shall be allowed by 
PiStfnJjJa.tbSj^'^® Secretary of the Treasury, and entitled to receive, the sarae- 
j[j«^»»jj»^ whenever and as fast as the sums secured by 

bond! bMD paid such bonds shall be paid into the Treasury, as they woutd 
M pfrTori^b respectively have been entitled to be allowed and receive had 
SSrS^aUowed ^'^^ ^'d l^^"^* *^®®^ paid at maturity and without such post•^ 
■Jwr^^SSKIton^P^'^®'"®"^ ' ^"^ °^ P***^ ^^ ^^^^ commissions shall be claimed 
where tbeywoaid by or allowcd to the succcssor in ofiice of any such collector, 
tiUBd to a^efra in any case in which such successor would not have been en- 
imipMMieou^ titled by law to a portion thereof, if such postponement of the 
■»tuk6D piaoe. payment of said bonds had not taken place : Provided, That 
nothing in this act shall be so construed as to give to any col- 
lector of the customs, or to the representatives of any such col- 
lector, a sum greater than the compensation he would have been 
entitled to receive in case the law therein referred to, for the 
suspension of payment upon revenue bonds, had not been passed, 
and the said commissions had been, paid to the collector, to Whom 
the same are hereby given, during his continuance in ofiice, and 
at the first maturity of the said bonds. Approved, June.lith, 
1838. 



Digitized by CjOOQIC 



1838 Chab. lOQ^lia aBSfl 

CHAP. ^K}^* An act ta create Ae oiBoe of Suireyor of Public Laadf ki 
the Wtoconflia Territory. 

^1. B< it Mact$d, Sfc. That a Surveyor for the Territory of Wis- beipJJCSiVfct 
<:oii«n shall be appointed^ who shall have the same authority, aod ^ aQtSoriti* 
perroriD the same duties respecting the public lands and prtvale«te-Mih«rarvi2- 
Ivid claims in the Territory of Wisconsin, as are now vesled in undiuOUvi 
sod required of the Surveyor of the lands of the United States 
ia Ohio. 

^ 3. And be it further enacted. That it shall be the duty ^IST^^^^ 
Df the Surveyor for Ohio to deliver to the Surveyor for Wis- the ^surveyor for 
QOQsin Territory, all the maps, papers, records, and documents ]!l!^l^^ to uS 
relating to the public lands and private land claims in the said SlSZ^o wiIIm!!! 
Territory of Wisconsin, which may be in his ofiice ; and in ^*^| jf {„,JJJS! 
«very case where it shall be impracticable to make a separation «^.v miuim 
"of such maps, papers, records and documents^ without injury, *** 
4t shall be his duty to cause copies thereof, certified by him, to 
be furnished to the Surveyor for Winconsin Territory : which 
copies shall be of the same validity as the originals. And die 
Secretary of the Treasury is hereby authorized to cause the mm tte^J! 
expense attending the transfer of the records to be paid out of Jj^*'^™'** 
the appropriation for surveying the public lands. 

^3. And be U Jurther enacted, That the Surveyor for wSJXto .^ 
Wisconsin Territory, to be appointed in pursuance of this act, JJ^jSlsiit!*^ 
shall establish his office at the town of Du Bilque, in the Ter- ^ 
ntoryof Wisconsin; and that he shall be allowed an annual Aiio«^«iai». 
ttlsry of fifteen hundred dollars to commence at such period SLaSL^*^ ^ 
ishtsoflSoe shall be in readiness for operation ; and he shall be 
tathorised to employ one draughtsman and clerk, whose aggre« Antiioti«4 t* 
giteeompensatton shall not exceed sixteen hundred dollars fer^SV^i^k!^ 
. aairoia. He shall also be allowed the sum of three hundred and ^^^mT^^SS'mi 
My dollars per annum, for office-rent, fuel, and other incidental ^^^^""i*^*^ 
tiponses of his office ; to be paid out of the money appropriated 
fcrsarveying the public lands. Approved^ June 151/A, 1888. 

CIHAP. UO. An act to establish two additional land offices in that pari 
of Wincooain Territory west of the river Misais^ippi. 

^ I, Beit enacted^ fyc. That for the sale of the public lands in 
that part of the Territory of Winconsin situate west of the river 
Mittissippi, two land districts are hereby created ; one of which t^ip^eilSiifcr 
comprising all the lands south of the east and west line which tJ rakTwf um 
forms the northern boundary of the township adjoining to, and ^ulL^Tmprit. 
immediately south of, the township in which the town of Da-b2 ^MiM^^ta 
venport is situate, shalt be called the Des Moines land district, ^^'^'^ 
the land oflEice for which shall be established at the town of und ^m^ at 
Barliagton ; and the other district, comprising the lands north ^eIISS^m 



«f the east and west line, shall be called the Du Buque bodC^'i!S%t*B!! 
'irtrict, the office for whioh ahall be eatablirt»4 at tbf town of JTiCfcl/^ 
DaBuque. . ^ -n.sa,o*,. 

^9. Amd be U ftirtker emmtei, Ttel the Protidfpt W, Mdeirttoap. 
»ttd he is hereby, authorized to appoint, by and with the advice ^ • '^'•' 

■ • Digitized by CjOOQ IC 



8678 1838 Chap. 110-124. 

u^rM»w«r fcraod conseiit of the Seoate, a register and receiver of public 

moneys for each of the said districts, and who shall, respectively, 

be required to reside at the site of their offices, and have pow- 

Thair powviB,®**^) perform the same duties, and be entitled to the same com- 

pJniTiio"'' *®°'pensation, as are or may be prescribed by law in relation to the 

other land officers of the United States. 

pratiiient to ^ 3. And be it further enacted^ That the President is 

hi!d?io'^rd'd!!^ authorized to cause the public lands in the said districts with 

tote'rapoMd to^'^^ cxccption of scctiou numbered sixteen in each township, 

nw. reserved for the use of schools, or such other lands as may, by 

law be selected in lieu thereof, and of such other tracts as he 

may select for military or other purposes, to be exposed to sale 

in the same manner^, and upon the same terms and conditions, 

as the other public lands of the United States. 

J- ^4. And be it further enacted, That whenever the Presi* 

"th«**'Miadent may deem it expedient, he is hereby authorized to remove 

udV^^he^y the said land offices to such other places within those districts as 

*'*"*'*''^**"'- he may judge proper. Approved, June I2th, 1838. 

CHAP. 111. An act to ascertain and desi^ate the boundary line between 
the State of Michigan and the Territory of Wisconsin. 

snrTeror Oein ^l. BeU enocted^ ifC. That the Surveyor General of the Ohio, 
MiM^, ^MieM- Indiana, Michigan and Wisconsin land districts, under the direc- 
?n^«\"ddhi7teu;^>on of the President of the United States, be, and he is hereby, 
^^tU pjiihten't*'*^^^"*®^ ^^^ required tp cause to be surveyed, marked, and de- 
uoauMtheboaD- signaled, the boundary line between the State of Michigan and 
mlbl^i ^Md the Territory of Wisconsin, agreeably to the boundary as estab- 
tabihh!!d'°brMtli8hed by the act entitled ''An act to establish the northern 
{2 •'""^.i^^'l boundary line of the State of Ohio, and to prpvide for the ad- 
»"Jj^' "^ <*••* mission of the State-of Michigan into the Union, upon the con- 
*'^Vt to beditions, therein expressed," approved June fifteenth, eighteen 
"*****' *^* hundred and thirty-six ; and to cause to be made a plat or plan 
of the boundary between the said State of Michigan and the 
said Territory of Wisconsin, and return the same to Congress 
^twooapproprigt jig n^xt annual session, and that the sum of three thousand 
dollars be, and the same is hereby appropriated to carry into 
effect this act : Provided, That the whole expense of surveying, 
marking and designating the said boundary line shall not exceed 
that sum. Approved, Junel2th, 1838. 

CHAP. 124. An act to grant a quantity of land to the Territory of Wis- 
consin, for the purpose of aiding in opening a canal to connect the 
waters of Lake Michigan with those of Rock River. 

^ u w£ ^ I* Beit enacted, SfC. That there be, and hereby is, granted to 
Qootin to aid hi the Territory of Wisconsin, for the purpose of aiding in opening a 
tTaniM uie^ canal to unite the waters of Lake Michigan, at Milwaukie, with 
ISJi* with ?b^ those of Rock river, between the point of intersection with said 
|3^ ftoek rim, fiy^f^ ^f |||q Dq^ dividing townships seven and eight and the 
^ Lake Koahkonong, all the land heretofore not otherwise appro^ 

Digitized by CjOOQIC 



1838 Chap. 124. 8673 

prated or disposed of in those sectioDs and fractional sections 
which are numbered with odd numbers on the plats of the 
poUic sarveysy within the breadth of five full sections, taken 
in north and south, or east and west (iers, on each side of the 
aniaToute of said canal, from one end thereof to Ihe other, 
and reserving the even numbered sections «nd fractional sec- 
lioos, taken as above, to the United States ; and the said land. The kndi m 
10 granted to aid in the construction of said canal, shall be £bjia mhl'diT 
subject to the disposal of the Legislature of the said Territory, PJlli^^*****^ 
for the purpose aforesaid, and no other: Provided^ That the '^▼'m. 
said canal, when completed, and the branches thereof, shall be, 
and for ever remain , a public highway, for the use of the Gov- 
ernment of the United States, free A'om any toll or other charge 
whatever, for any property of the United States, or persons in 
thenr service, passing through the same : Promded^ That said "^f^^- 
main canal shall be commenced within three years, and com- . 
pleted in ten years, or the United States shall be entitled to 
receire the amount for which any of said land may have been 
previously sold, and that the title to purchasers under the Terri- 
tory shall be valid. 

\ 2. And &s U further enacted^ That so soon as the route „Jj'^7^h«*mito 
of the said main canal shall be definitively located and estab-Moai'*it loetied. 
lisbed, agreeably to an act of the Legislature of the said \nn^\t\ 'puit 
Territory, incorporating the Milwaukie and Rock River Canal r^^*"'" u'/JJTnr 
Company,approved January fifth, 1838, it shall be the duty of Ji";;^;*^;^^*"^;^^^^ 
the Governor thereof, to transmit a plat of the same, showing Ltnd off. wbo 
Its temimations and itsr connections with the section-corners ofaoder the nireo. 
the public surveys, to the Commissioner of the General Land de'liV tho undt 
Office, whose duty it shall be to ascertain, under the direction JS;";;„./ir.ti1f 
of the President of the United Slates, the particular lands herein li*'"i"'%PT"i: 

,, ••■I •!• !• /•! *"• one or wnicn 

gnoted to said Territory ; and shall cause duplicate lists of thebeshaii tnt-itmu 
same to be prepared from the plats on file in his office, one o fioeh other perion 
»Wch he shall transmit to the Governor of said Territory, "i„Te7 h? uTe 



poinl 
Leffii 



?islature to eeli 



etc. 



irho, or such other person or persons as shall be appointed for Jfj5"i*;jj;'' 
the purpose, under the authority of the Legislattire of the said 
Territory, or of the State which may be erected out of the 
tame, after the admission of such State, shall have power to 
•ell or convey the whole, or any part of said land, at a price 
oot less than two dollars and fifty cents per acre, and to give a 
title in fee simple therefor, to whomsoever shall purchase the 
whole or any part thereof. 

M) And be U further enacted, That the alternate sections ^J|>J^j;^^I»^Jj 
snd fractional sections which shall remain to the United States, j;;J"j"J'»^'*j;**S" 
sgreeably to the first section of this act, shall not be sold for a •huii'^Dot be ^om 
less sum than two dollars and fifty cents per acre, nor be sub-jS'raMe',«c?"^ 
ject to pre-emption. 

^4. And be it further enacted, That in reference to the ^s^^t'jn;^^^^^^^^^^ 
provisions of the first section of this act, where a section shall tfiemaw^aoauo 
be divided by the route of the main canal, such section shall ins^^uiat Tide of 
be counted (infixing the lateral limits of said grant) a^ being u^gjl^^ruo^^ 
on or towards that side of the line next the larger portion of 

Digitized by VjOOQIC 



mn 1838 Chap. 124. 

said gection, asoertained by reference to the mile-lines and cornera 
of the seoliona, and the hud aad water thereby included. 
wbMem the ^ 5. And be U further enacted, That whenever the Ter^ 
ISaSL tbdM^'ritory of Wisconsin shall be admitted inio the Union as a Slate, 
SSTpart^SruTe' the lands hereby granted for the construction of the said canal, 
motsd ai**I!a^ ^' ^^^^ P*^^ thorcof as may not have been already sold, and 
Mt tejjo bMQ applied to that object, under the direction' of the Territorial 
SLmuu, tto. " Government, shall vest in the State of Wisconsin, to be disposed 
of under such regulations as the Legislature thereof may pro^ 
vide, the proceeds of sale to be applied to tbe construction of 
the said canal, or of such part thereof as may aot have been 
NomiMr of completed ; and the State of Wisconsin shali be entitled to 
oTWiMOMiomajhold, in virtue of tbe grant hereby made, as many shares of 
bold ^in Mid ea-^i^^ gtock of the Said canal as shall be equivalent to the aggra* 
gate of all the sums of money arising from the net proceeds 
of the sales of the said lands, and applied to the construction 
of the canal, any thing in the charter of the Milwaukie and 
Rock River Canal Company to the contrary notwithstaAdingi 
and shall be entitled, to the same dividends on said stock at 
iiL«rQoiarth*finy other stockhoTder ; and ill the event that the said Stat« 
QibJ "^d^uyita n\\i\\ make no other adequate provision for porofaasing out the 
ral^r,'"/:'^"^ residue of the stock* of the said canal, the dividends of tW 
JClvidenTtr State stock hereby acquired, and. all other proceeds of the salea 
iu ^\i ^n^^i^ ^^ ^^® lands hei'eby granted, shall constitute a fund, and be 
tDt« « im^ fur applied to the extinguishment of the claims of all other atock'r 
mm ^^df^^ibo hoitlers, until the' entire stock vested in tbe canal shall haw 
^#!r«t^bJH'^b^^n acquired by the State: after which, and after the said 
^^' ''^'^j''^*^^ Slate shall have been reimbursed for all eipenbea incurred out 
bJJi*m?IIiha«!d^^ ^®' ^^^ proper funds in the construotion and repairs of 
^^^^'i^Tilq. said canal, no other, tolls or charge whatever, for the use or 
m^^^'^p^^r navigation of the said canal shall be levied, except to sueb' 
^i^^i 1^1^. amount as may be required to keep the said canal and tb« 
wit iMo, eta. i^orks appurtcnant thereto in good repair, and provide for the* 
' • collection of the tolls and the superintendence of said canal : 
^^^^- Provided, moreover, That no part of tbe said lands . sbaU be 
sold for less than two dollars and a half per acre, nor any sale- 
made until after three months' public notice thereof, and to tbn 
. highest bidder ; but in case such price cannot be obtaioed 
therefor, within five years from the first sale attempted to br 
made, it shall and may be lawful for tbe Territorial or State 
Legislature of Wisconsin to reduce the minimum prioe of the 
said lands. 
vt^iifdn re. \ 6. And he it further enacted. That tbe said State of 
tKTfb/aji mo. Wisconsin shall be held responsible to the United States, and for 
S^r^^IfUd the payment into the Treasury thereof, of the amount of all mooeyt 
^te^t^. received upon the sale of the whole or any part of said land, at ' 
l|M*t£ M^ ^^^ P"^ ^^ which the same shall be sold, not less tbnn two doU 
pSSl^HQ. lars and fifty cents per acre, if the said main canal shall not be 
eomm^ced within three years, and completed within ten years,^ 
pursuant to the previsions of the act creating said canalcorpention.- 



Digitized by CjOOQIC 



1838 Chap. 124—125. JHTI 

^ 7. And be il furiher e$MKted, That, in order to render tj^J'^JSlffS ^ 
effectual thd provisions of this act, the Legislature of the State |;^^^^ 
to be erected or admitted out of the territory now comprised in «>«& ntaijifii 
Wieconsin Territory, east of the Mississippi, shall give their assent thig ace 
to the same by act to be duly passed. 

^ a And be U further enaded, That for the purpose of ^Jjj"^;^^ 
securing a better price for the lands hereby granted, and expe* |^ tJ^^^^j!^ 
diting the construction of the said canal, the Territorial Legislature ymKooon maf 
of Wisconsin may borrow, upon a pledge of tlie said landa, p?^^ oiTpaiS 
such sum or sums of money as they may think expedient, and p^^^tfiS 
defer the sale of said lands, or any part thereof, until such time ^^'p^^'^ 
6r times, not exceeding two years beyond the period of comple- 
tion of said canal, as they may deem expedient ; and for such 
sum or sums as may be so borrowed, and applied to the construe-- 
tion o{ said canal, the State of Wisconsin shall be entitled to 
•och interest in the stock of said canal as shall be equivalent 
thereto in amount, and the interest so acquired shall be subject 
to all the obligations and restrictions provided in the last section 
^ this act. \ 

f 9w And be U further enacted, That the assent of Congress |^,2^^y<J»: 
IS hereby given to the act of the Territorial Legislature of Wis- jf^ g^«^ Jj 
jeonsin entitled an act to incorporate the Milwaukie and Rock^'"^^^' " 



river Canal Company, subject to the preceding modifications wrau^ancTiiock 
Md to the following provision : that in estimating the ptincipal !!i!!^/m^^^ 



jum and interest to be paid by the said Territory or the future nmiMcSuSSr' 
jState of Wisconsin to the stockholders of the said canal, a credit JSStSoJl*^''*^ 
iriiail be given to the Territory or State for aH dividends received 
by the said stockholders prior to the extinguishment of their in- 
terest in the said canal, in the mode provided by the twenty- 
third section of the said act of incorporation. 

4 10. And be it further enacted, That Congress may, at kny oi»»i»wfc»*^ 
time until said Territory shall be admitted as a State, prescribe ^^JJ^^^'; 
and regulate the tolls to be received by said company ; and after 9t*t«, n p i i um 
laid Territory shall be admitted as a State, the Legislature thereof f^nrarL' ^^£ 
•ball possess the like power ; and said act of incorporation is ^i)M#a!fSSu 
hereby approved, subject to the modification and conditions afore- ^'^'^'' 
said. 

4 11. And be it further enacted, That the Secretary of there^^e^^■J2 
Treasury shall reserve from sale the lands probably falling within thf land* ^robc^ 
the limits of said grant, and the lands which, by the first section, fhe^StaiM^flM!i 
were reserved to the United States, until the said canal can be fSSt'c^^JS!! 
located and the lands selected as contemplated by this act, and^*^* 
no pre-emption right shall attach thereto. Approved, June I8f&, 
1838. 

CHAP. 125. An act to reorganize the diftrict courts 6f the United 
States in the State of Mississippi. 

^ 1. JBe i^ enacted, 6fC.y that the State of Mississippi shall ^{i^g^^ 
be, and the same is hereby, divided into tvtro distiictd, in. the fol^ ^ 
lowiag nanner, to wit : The eountie« ef Noxtfbee, WrAtton, 



Digitized by CjOOQ IC ' 



J 



2676 • 1838 ^Chap. 126. 

poS?S?nSS. Attala, Carrol, Bolivar, Coahoma, Tunica, De Soto, Marsbal, 
SSrt**iiS* whteh '^'PP*^'*' Tishemingo, Itawamba, Monroe, Lowndes, Oaktibbeba, 
■h&ii beheld 'it Chocktaw, Yalobusha, Tallehatcha, Ponola, Layfayetle, Pontotoc, 
poDtotoc. ^^ J Chickasaw, in said State, shall compose one district, to be 
called the northern district, and a court shall be held for the said 
The residue of ^^^^'''^t, at the towu of Poototoc, and the residue of the counties 
^m °(Sr^*^' the ^^ ^^^ ^^'^ State, shall hereafter compose the southern district of 
■out&ern district, Mississippi, and a court shall be held for the same, as heretofore, 

the court for ^ .,:/'- , i 

which shall be at the City of JacKson. 

%^'s.''*dis'Sct ^ 2. And be it further enacted, That there shall be two 
iS^tw?5!JSs'S terms of the district covt, for the northern district, held at Pon- 
Jmdtat!*^*°°'^"*^toc, in each year, to begin on the first Monday of June and 
December, and the district judge of the United States, for the 
State of Mississippi is hereby required to hold the; courts afore- 
said. 
All cases pend- ^ 3. And be it further enacted, That all causes at law or in 
M?irtaUiitaSS' chancery, and all indictments pending in the district court at 
to which the de- Jackson, in which the defendant or defendants resided in the 

fendants resided •• • ^i ■ • i» i iv i • r 

bi the northeni norihem district (hereby estabhsbed) at the time of servmg pro- 
of seizing proc^ cess or the finding of a bill of indictment, shall be transferred 
for^^triia'^r'the for trial to the district court for the said northern district, and be 
^rtbem^^^ proceeded in, heard, adjudged, and determined, in the same 
manner as though originally commenced or prosecuted in the 
i?\he^ori^ai^^'^ court ; and it shall be the duty of the clerk of the district 
papers in the court at Jacksou, Safely to transmit to the clerk of the district 
^" ^^' court at Pontotoc, the original papers in all cases and prosecu- 

tions hereby ordered to be transferred, together with a transcript 
of all orders and other proceedings had thereon. 
A"";'^«°f,™ ^ 4.. And be it further enacted, That all suite hereafter to be 

a local nature ,*,.., •'^., i»it 

shall hereafter be brought m Cither ot. Said courts not of a local nature, shall be 
coSl^fof the dist brought in the court of the district where the defendant resides ; 
lanmsidesr^. but if there be more than one defendant, and they reside in dif- 
!hw^e^dei?nd! fcrcnt distHcts, the plaintiif may sue in either, and send a duplt- 
SiiirSSdeiid1?-<^^^® wit against the defendant, directed to the marshal of the 
SSniiffmlJ me ^thcr district, on which the plaintiff or his attorney shall endorse 
£^ither,«bc, that the writ thus sent is a copy of a writ sued out of the district 
court of the proper district ; and the said writs, when /executed 
and returned into the oflice from which they issued shall consti- 
tute one suit, and be proceeded in accordingly. 
^The^^ud^ ^f ^ 5. And be it further enacted, That the judge of the said 
'*** northern dis'^^^*'^* ^'^^^ appoint a clerk of the district court of the northern 
-hisses, fees, district, who shall reside and keep his office, and the records and 
^V documents appertaining thereto, at the place of holdirig said 

courts ; said clerk shall be entitled to the same fees allowed by 
law to the clerk of the other district of the State of Mississippi, 
perform the like duties, and be tebject to the same liabilities and 
penalties. 
^ 6. And be it further enacted. That a marshal and district 
diit'StTf^'b^&ttorn.ey shall be appointed in the northern district of the State 
SSr^^diLu^^fo'^^^'^' '^^^if'g the same duties and liabilities, in all respects. 



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1838 Chap. 125—126. 267T 

as are now poBsessed by the marahal aod district attorney, respec-j^ut^^ *^ 
lively, in the State of ^Mississippi ; and the said marshal is h«re- .^«»y^^ 
by required to give the same bonds that other marshals are re- ^P^** 'uw'of 
quired to give under the laws of the United States, to bempprov-tKe other mar- 
ed of and recorded as now directed by law* *^*^ d 

^ 7. And be ii further enactedf That the marshal and 4listrict^Man^»i^^ue 
attorney for the northern district, shall have the same salaries, northern dist. to 
fees, and compensation, as are allowed and paid to the other Mitfiet,**^^ 
marshal and district attorney for the State of Mississippi^ tinder l^^ud Xl 
the laws of the United States. Approved, June I8th, 1838. ^^rotwm. 

CHAP. 126. An act to authorize the President of the United States to 
cause the southern boundary line of the Territory of Iowa to be as- 
certained and marked. 

^ 1. Bs i^ maded, tfc. That the President of the United ^^J^^f^^^^^ 
States be, and he is hereby, authorized to cause to be surveyed, «^^ ^^^ 
ttscertained and distinctly marked, the southern boundary line of which dindeiTH 
the Territory of Iowa, west of the Mississippi river, which divides £!''" SS^hiiS 
aaid Territory from (he State of Missouri; and that, for that pur- '^p^'dilS' to 
pose he shall appoint a commissioner on the part of the United ^^^„*tSl^t 
States, who (with the aid of such surveyor or 8urveyo|p as may JulUJo^Sy^doS 
be necessary) shall unite or act in conjunction with a commis- from lowa, in 

. ■ • iiif^ i»»«» ••• niniiiM, Ac the 

Bioner to be appointed by the State of Missouri, and a commis- une. 

sioner to be appointed by the Governor of the Territory of Iowa, 

in running, nqarking and ascertaining said boundary line ; and that 

it shall be the duty of the commissioner so to be appointed by ^^^^tpSSSdl^tSe 

President as aforesaid, after he shall have ascertained, run, ^ttdi^'id^^to 

marked said boundary line, to make three maps or -plats thereof, S^theune,£!'* 

with a description or survey-bill thereof appended to each map 

oi- plat ; one of which shall be returned to the office of Secretory 

t>f State for the United States, one to- the office of Secretary of 

State for tlie State of Missouri, and one to the Secretary of the 

Territory of Iowa, and the said commissioner on the part of the 

United States shall also make a full report of his proceedings in 

the premises to the Secretary of State for the. United States. 

^ 2. And be it further enacted, That the said boundary line^l2"L^ 
shall be run or surveyed, ascertained, and marked in all respects J5«,*|^^^^p^JJ; 
according to, and in pursuance of the provisions of the following fL.^^^ I^'^i 
acts, wherein the said boundary line is denned and described, toJooeisas. 
wit: an act of Congress of the siith March, eighteen hundred 
and twenty, entitled " An act to authorize, the people of Missouri safvoi.'lp^es! 
Territory to form a constitution and State Government and for 
the admission of such State into the Union on an equal footing 
with the original States, and to prohibit slavery in certain Terri- 
tories;" and an act of the seventh June, eighteen hundred andge^^oi/'^j^^^ 
thirty-six, entitled *^ An act to extend the western boundary of 
the State of Missouri to the Missouri river :" Provided, how- Pronio. 
ever, That if either or both of said commissioners to be appoint- 
ed on the part of the State of Missouri -and Territory of Iowa 
should fail to attend to the aforesaid duty, after reasonable no- 
7 



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Mrs teas — Obap. 126—128. 

tice by the comoiissimer oo the pftrt of the UfiUed Stales, or if 
the State of Missoori, or GovevDor of Iqwa, or eilber of Ibem 
should fail to appoint such commissioner on their part, vespee- 
tively, after reasonable notice from the President •f the Uniled 
States, iben, and in that case, the oommisaioner appointed oa 
the part of the United States, shaU proceed to execute the du* 
ties enjoined by this act with either of said commissionefs wba 
may attend, or without the atlendance of either or both of said 
commissioners, as the case may be. 
The ^n«^^au <^ 8. ^nd be U further wacted^ That the line to be so ma, 
be flnauy estab- ascertained, and marked, sha)l not be deemed to be finally estab- 
ed by me as.ilished and ratified by the United States, until the map or plat, 
ontu,^. ^^j description aforesaid, and also the said report of the com- 
missioner shall be submitted to, and the boundary, as thus as- 
certained and marked, approved of and ratiied by the Congress 
of the United States. 
M^ftppro- ^ 4. And be it further enaotedy That, for the puspoae ^ 
^^o^ Bfiftoto carrying into efiect the provisions of this aot, the aaai of fear 
'* thousand dollars, be, and the sane is hereby, appropriated, oiit 

of any money in the Treasury net otherwise appropciated. 

# Appmued, June 18tt, 188& 

CHAP. 138. An aot to require the judge of the district courts of East and 
West Tennessee to hold a court at Jackson, in said State. 

u^s MtabiShlld ^ ^* ^^^ enaded, tfc. That a district court of the United 
itt' lb?' wMtern States be, and the same is hereby, established in the western die* 
d»t. of Tennaa- ^^j^^ ^f ^|^^ g^^^^ ^f Tenoessec, for the eoonttes of Benton, Cat- 
roll, Henry, Obion, Dyer, Gibson, Laaderdale, Haywood, Tipton, 
Shelby, Fayette, Hardeman, McNaky, Hardin, and Perry ; and 
To be hoiden^'^^^ ^^^ ^^^ court bc holdcn aunuaHy on the third Monday in 
tfrrS'iUi ^n S^P^G^ber, at the town of Jackson, in the county of Madison, in 
Sept. at JackioD. said State. 

loTMted with <^ 2. And be U further enacted^ That the said distriet court 
tion^^wM^ll^^t shall be invested with, and exercise, all and every species of juris-' 
!^ttniJr'£. addiction now exercised by the distriet comiUof Bast and West 
w.TeiwMsw. Tennessee. 

To bo boiden ^ 3. And be it further enacted. That the said court shall be 
SZe^^t/^^i^of holden by the judge of the said district courts of East and West 
L^. ^' ^~' Tennessee, 

tiii"^e'JSbr*o*f f ^' ^^^ ^ ^ ff*rther enaded, "that in addition to the jor- 
eoneurnot inris-isdiction hereby invested in said court, itbeinsested with the 
TnM?ey*oo«l ex- exercise of concurrent jurisdiction in all ci?il cases now exercised 
Slirou^/iSJarulby the drcuit courts of the United Slates ; and that in all cases 
^ where said court shall exercise such jurisdielion, appeals may be 

takSrto'hTiir.s! taken from the judgments, orders, or decrees of said court to the 
SBpcemo Court. Sup^nae Court of the United States, in the same manner, and 
upon the same conditions, as appeals may be taken from the cir- 
cuit courts. 

^ 5. And be itfuHher enactM, That at the ftat term of said 

pointlf^ialiL*'^ court, the judge thereof sbatt appoint a dark, in maaner, and 

upon such conditions, as like officers are required by law to be 

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1838 Chap. 128--189. 267» 

tppdiDtecl for the said district courts of East and Wast Tannessee ; ^^^^ ^ ^ 
aad that the said clerk perform suah duties in regard lo the pro- 
QeedingSi orders, judgments, and decrees of said court, as are 
raquiied by law to be performed by the same officers in the said 
district courta of East and West Tennessee. 

i 6. And be U further enacted^ That all laws now in force ^^ i^^wt n^ 
regalaUog tbe emanation, execution, and return of the proceai of tioS, Ac.Tr'^ 
aid district courU of Eastaod West Tennessee shall, in aIl2nd''w!''Teii 
things, regulate the emanation, execution, and return of process S^iL^mn^^^*? 
in the said district couit. ""^^ ~»«*- 

^ 7. And be it further enaeM, That if from any cause the^^^^^ *J 
jadge of ssid court shall fail to attend and open court on the ^^^i^^J^f^^ 
firat day thereof, then, and in that case, the said court shall stand Say^ ^ •^au 
mdjoomed from day to day, until four o'clock of the third ; and STo^e^tt^ 
SB case he diall iail to attend and «qpeB said court by that time, 
the said oquit shall stand adjourned until the first day of the next 
tejos. 

^ a And be it further enacted. That in case the judge ofjad^erSi^b^ 
eaid ooart, irem any cause, shall iul to hold a regular term of tt,'^'''^^^ 
aaid court, it shall Im bis duty, if im his opinion the business in ^t^'oJfth!fbi£l!u 
aud court shall require, to hold an intermediate terA of 8aidi><^*;|j^(^<{^«<^^ 
court, at such |ime as he shall, by his order, under his hand ^ imermediata 
and seal, direct, addressed to the clerk and marshal of said court, ^^™* 
at leaat thirty days previous to the commencement of said term, 
and to be published in the several newspapers published in the 
hooada of said district the same length of time. 

^ a And be it further enacted^ That the clerk of said court OMMUm. 
shaH be entitled to receive such fees and emoluments for his ser- 
vices as are now allowed by law for like services to the clerks of 
aaid diitrict courts of East and West Tennessee. 

^ 10. Asid be it further enacted, That a marshal shall be ap- ^^ j^^a^^ 
poieled for aaid court, whose duty it shall be to execute all or- J^'/f^JJ^"* '^'^ 
deis, jui^ments, and decrees of said court now authorized by "^ "^^ 
law, and that he receive for his services the sum of two hundred 
dollars, to be paid ouC of the public Treasury ; and that he be 
allowed the same fees as are allowed for the same services in the 
courts of East and West Teaoessee. 

^11. And be it further SMacied, That a district attorney pf Adistrictutor. 
the Uailed States be appointed for said court who shall receive ed.^whoV£Si*^ 
io addition 16 the usual fees of office, the sum of two hundred ^lyfj^Siaon 
dollars annually, to ha paid out of the public Treasury of the "^ '^'^ "~^ ^ 
United States, Aftraoed^ June \Qth, 1838. 

CHAP* ySQ* An act to grant' pre-emption rights to settlers on the public 

^\. Be it emaetedy ^c, That every actual settler of the Q^jjAc^^t,^ 
iNiblio lands, beimr the bead of a ftimily, or over twenty-one necevuT to en. 

'^ - I. -jL I. I. title eettlen to 

years of age, who was in possession and a housekeeper, by per- the benefits and 
sonal lesidence Ihereoe, at the time of the passage of this act, §Slh%? im^ 
and* for loor months neit preceding, shall be eatilled to all the 



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Google 



2680 183& Chap. 129. 

^Y^*^i2;^* benefits and privileges of an act entitled " An act to grant pre- 
Act 29th BCay cmption Hghts lo scttlers on the public lands/' approved May 
c^i^ld^ 'for twenty-ninth, eighteen hundred and thirty, and the said act is 
*^^^ hereby revived and continued in force two years: Provided, 
That where more than one person may have settled upon and 
cultivated any one quarter section of land, each one of them 
shall have an equal share or interest in the said quarter sec- 
tion, but shall have no claim, by virtue of this act, to any other 
proTiflo. 1^^ J , ^^ j provided^ always^ That this act shall not be so con- 
strued as to give a right of pre-emption to any person or per- 
sons, in consequence of any settlement or imfH'ovement made 
before the extinguishment of the Indian title to the land on which 
such settlement or improvement was made, or to the lands lately 
acquired by treaty with the Miami tribe of Indians, in the State 
of Indiana, of which proclamation was made by the President 
of the United States, on the twenty-second day of December, 
eighteen hundred and thirty-seven, or to any sections, or frac-* 
tions of sections, of land included within the location of any in- 
corporated town, or to the alternate sections to other alternate 
sections granted tothe use of any canal, rail-road, or other pub- 
lic imprdVement on the route of such canal, rail-road, or other 
public improvement, or to. any portions of public lands, survey- 
ed or otherwise, which have been actually selected as sites for 
cities or towns, lotted into smaller quantities than eighty acres, 
and settled upon and occupied for the purposes of trade, and 
not of agricultural cultivation and improvement, or to any land 
specially occupied or reserved for town lots, or other purposes, 
by authority of the United States ; And protiided further, That 
nothing herein contained shall be construed to affect any of the 
selections of public lands for the purposes of education, the use 
of sait-springs, of for any other purpose which may have been 
or may be made by any State, under existing laws of the United 
States : but this act shall not be so construed as to deprive those 
of the benefits of this act, who have inhabited, according to its 
provisions, certain fractions of the public lands within the land 
district of Palmyra, in the State of Missouri, which were reserv- 
ed from sale in consequence of the surveys of Spanish and French 
grants, but are found to be without the lines of said grants. That 
before any person claiming the benefit of this law shall have a 
patent for the land which he may claim by having complied 
with its provisions, he shall make oath before some person au- 
thorized by law to administer the same, which oath with the 
certificate of the person administering, it, shall be filed with the 
register of the proper land office when the land is applied for, 
and by said register sent to the office of the commissioner of 
public lands, that he entered upon the land which he claims, in his 
own right, and exclusively for his own use and benefit, and that 
be has not, directly or indirectly made any agreement or con- 
tract, in any way or manner, with any person or persons what- 
ever, by which the title which he might acquire from the Crov- 

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1838 Chap. 129—167. 8881 

ernment of the United States should ioure to the use or benefit 
of any one except himself, or to convey or transfer the said land, 
or the title which he may acquire to the same, to any other per- 
son or persons whatever, at any subsequent time ; and if such 
person, claiming the benefit of this law as aforesaid, shall swear 
falsely in the premises, he shall be subject to all the paioa and 
penalties for perjury, forfeit the money which he may have paid 
for the land, and all right «and title to the said land,' and any 
grant or conveyance which he may have made in pursuance of 
such agreement or contract, as aforesaid, shall be void, except 
in the hands of a purchaser in good faith, for a valuable consi- 
deration without notice. And the certifidate which shall be filed 
with the commissioner as aforesaid, shall be taken to be conclu- 
sive that the oath was legally anministered : And provided^fur^ 
thety That it shall be the duty of the President of the United 
States to cause to be reserved from sale or entry, under the pro- 
visions of this or any other law of the United States, any tract or 
tracts of land reserved to any Choctaw, under the provisions of the 
treaty of Dancing Rabbit Creek, of one thousand eight hundred 
and thifty, and also to reserve from sale or entry, a sufficient 
quantity of the lands acquired by said treaty, upon which no 
such settlement or improvement has been made, as would entitle 
the settler or improver to a right of pre-emption under this act, 
to satisfy the claims of such Indians as may have been entitled 
to reservations under the said treaty, and whose lands may have 
been sold by the United States, on account of any default, neg- 
lect, or omission of duty on the part of any officer of the Uni- 
ted States ; such reservation from ssCle to continue until the 
claims to reservations under said treaty, shall be investigated by 
the board of commissioners appointed for that purpose, and their 
report finally acted on by Congress. Approved,^ June, 22d, 1838. 

CHAP. 157. An act authorizing the appointment of persons to test the 
usefiiloess of inventions to improve and render safe the boilers of 
steam engines against explosions. 

^l.BeU enacted, fyc. That the President of the United States 
be, and he hereby is, authorized to appoint three persons, one ot^^t'LHi |K 
whom at least shall be a man of experience and practical knowl- *®°'' 
edge in the construction and use of the steam engine, and the oth- a„,uflcatioo» 
ers, by reason of their attainments in science, shall be competent or theVnou ta 
judges of the usefulness of any invention designed to detect***'*^'**' 
the causes of explosion in the boilers ; which said persons shall sdd penona 
jointly examine any inventions made for the purpose of detect- l^fl*". mJ\*J4II 
ing the cause, and preventing the explosion of boilers, ^hat J^j^ ^jP'«~*«i 
shall be presented for their consideration; and, if any one or ration, and order 
more of such inventions or discoveries justify in their judgment, i"'*^'*""'**"^ 
the experiment, and the inventor desires that his invention shall 
be subjected to the test, then the said persons may proceed and 
order such. preparations to be made, and such experiments to be 



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2«8a 1«S8-^Chap. 167— IflO. 

Ifiedy as, in their judgment, inay be necessary to determine tiia 
character and usefulness of any sach invention. 
The board tfiaii ^ 2. Afid b$ *U further Baoeted, That the said board shall 
^meand'^iawt^give notice of the time and place of theic meeting to examine 
2;^J'""^;;>*^f^ such inventions, and shall direct the preparations to be made, 
coograsf,M tha^nj the experiments to be tried» at siicb place aa they shall 
Mzi MMion. j^g^ ^^^ suitable and convenient for the purpose ; and shall 
make full report of their doings to Congress at their next 
session. 
teoooappropri- <^ 3. And be U furihsr enacted, That, to carry into effect 
tto'ordol'^of^Mid the foregoing objects, there be, and hereby is, appropriated^ out 
^^pii)^?'''of any money in the Treasury not otherwise appropriated, the 
sum of six thousand.dollara ; and 40 much thereof as shall be 
necessary for the abov^e pur poses shall be subject to the order 
of the said board» and ta defray such expenses as shall be in* 
9300 aibwad curred by their diiection, including the sum of three hundred 
Mcb^ of Mi<i dollars, to each, fei his personal services and expenses: Pr(h 
ProTiw. pidedf however^ And their accounts shall be settled at the Trea- 
sury, in the same manner as those of other public agents. Ap- 
proved, June 28th, 1838. 

f GUAP. 160. An act to confirm the act of the Legislative Council of 
Florida, incorporating fij^ " Florida Peninsula Rail-road and Steaia- 
boat Company," eiM granting the right of way to said compaay 
through the public lands, and for other purpose^. 

Act ofthaLec- ^ I. Beit enacted , fyc. That the act passed by the Legislative 
omoridM^? Council of Florida, entitled '* An act to incorporate the Florida 
^raUn^theFiOT. peniusula Railroad and Steamboat Company," approved eighth 
Stei^^t c5S?- January, eighteen hundred and thirty-eight, be, and the same is 
^ pany, confirmed.' hereby, ratified and confirmed : Protnded, however^ That the said 
company shall not be deemed to have, nor shall they exercise, 
banking privileges ; nor shall the said act be so construed as 
to give or grant banking privileges to said company ; and in 
case the said company shall exercise banking privileges, of any 
description, in any way or manner, then this confirmation or 
ratification of said act of incorporation shall be void and of no 
effect. 
Right of mvf ^ 2. And be it further enacted. That the right of vray 
£k^^LS£ shall be, and is hereby, granted to said company over and through 
any of the public lands of the United States over which the said 
road may pass : Prainded, That the said land to be used and oc- 
cupied by said company for the line or route of such road shall 
not exceed eighty feet in width. 
Right to toe ^3. And be it further enacted. That the said company 
taXe^tii^^i shall have the right to take from the public lands in the vicinity 
JnSSii^'^fOf said road and within "twenty rods of the centre thereof, on 
nidn»4,4{e. ^a^h Side, all such materials of earth, stone, or wood, as may 
be necessary or convenient for the actual construction of said 
road or any part thereof; and, during the construction of said 
road, to occupy said landa to the width aforesaid, so far as may 



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1838 Chai^. we— 164. &68ft 

tm necessary to the con'renient perfarmaDce of said worics : — 
Provided, howevtTt That the rights and privileges granted by Prorbo. 
-this section shall be so exercised as to cause as fittle damage as 
possible to the public lands adjacent to said road ; and proper 
tirains or sluices, shall be constructed by the said company so 
M to present tlie obstruction of any elreams or water-courses 
which may be crossed by said road. 

^ 4. And be it further enacted^ That there shaH be, ^^^ f^f^SUJu!'^ 
are hereby, granted to 'the said company all necessary sites for <Mi,%jpo(a> «a4 
watering-places, depots, and workshops, along the line of road : ^^ ^. 
Provided, That no one depot or watering-place shall contain jtiovj^. 
over four square acres, to be laid off in a square form ; and not 
more than one of said squares shall be granted to or taken by 
said company for each ten miles of said road. 

4 5. And he it further enacted. That the said company ^aud oompwy 

■ *• • ■ f. I J 1 t M . r, dull within one 

shall, with as little delay as may be convenient, and at allynr cauw the 
events within one year from the passage of this act, and atud theeiteefor 
their own expense, cause the route of said road and the sited ^e^edud^de? 
which they may select for depots, watering-places, or work-"*"*^*®*^ 
shops, to be surveyed and designated through said public lands 
by plain marks and monuments; copies of the fidd-notes of 
the survey, with a map or plat of the said route and of said 
sites and of the connection of said route with the previous 
official surveys of the adjacent lands, shall be returned to the 
office of the Surveyor General of that land district and to the 
General Land Office at Washington. 

^6. And he it further enacted^ That ifMbe said road iraiefMdiM 
shall be abandoned or discontinued, or if the route shaH cease etc, tue act shall 
to be used by said company for the purpose of a raihoad, then 53? "** ^ 
end in that case this act and the privileges hereby granted shall 
cease and be void, and the land occupied by said road shall 
revert to the United States. 

<^ 7. And he it further enacted, That Congress may at any „uui'S?Jrid»"b2^ 
time, until said Territory shall be admitted as a State, prescribe «wmj^» a»te, 
and regulate the tolls to be received by said company, and after t^fisjafUrwhicS 
said Territory shall be admitted as a State^ the Legislature there- shLiiJ^M^thS 
of shall possess the like power, and said act of incorporation is^^'^* 
hereby approved, subject to the modifications and conditions 
aforesaid. Approved, JuneZSthj 1638. 

CHAP. 164. An act to extend the charter of the Baak of Alexandria, in ^^ ^ ^^^^ ^ 
the city of Akacandria. « «* vol. 4, p- sm. 

^ 1. Beit enacted, fyc, That so much of the act entitled somwAofwi 
<' An act to extend the charters of the Bank of Columbia, iQ^^^^'''*^' ^^« 
Georgetown, and the Bank of Alexandria, in the city of Alexan- s'aJk of AiexU- 
dria" approved the twenty-fifth February, eighteen hundred aDd jMireht imu 
thirty-six, as relates to the Bank of Alexandria in the city of Alex- 
andria, be, and the same is hereby, extended in its duration to the 
fourth of March, eighteen hundred and forty-one. Approved, 
July bthy 1838. r^ ^ 

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S684 1838 Chap. 164—170. 

us'^ioi ^?^' °* ^^^^' ^^- ^^ ^^ ^ modify the last clause of the 5th section of the 
^▼o. , p, depositeactof the twenty-third of Jane, eighteen hundred and thirty-six. 

tbJiet UTffS- ^ I. BeU enacted^ fyc. That the last clause of the fifth seo 
^tb^p^i?^ ^'^° ^^ ^l'® ^^^ entitled ^* An act to regulate the deposttes of the 
jjyjjjj^»o|»^[«j public money" approved on the twenty-third day of June, eight- 
of tba Dotes or een huodred and thtrty-six^ declaring that the notes or bills of no 
whi'eh^fhaiil'^r^ bank shall be received in payment of any debt due to the United 
!?[ ^1836? ""inue States, which shall after the fourth day of July, in the year one 
!f a fe!!f ran'l^^ ^'^^^^'^^ ^^S^^ hundfcd and thirty-six, issue any note or bill of a 
nc^TsMi^'^M^ '^^^ denomination than five dollars, shall be, and the same is here- 
Dottoulce effo^ by, SO far modified as that the interdiction as to the reception of 
1838, ' ihe bills and notes shall not continue against any bank which has» 

since the said fourth day of July, in the year one thousand eight 
hundred and thirty-six, issued bills or notes of a less denomina- 
tion than five dollars, or which shall issue any such bills or notes 
prior to the first day of October, in the year eighteen hundred 
and thirty-eight, but that from and after the said last mentioned 
day, the bills or notes of no bank shall be received in payment 
of any debt due to the United States, which bank shall, after 
that date, issue, re-issue, or pay out any bill or note of a denom- 
ination less than five dollars. Approved, July 5M, 1838. 

CHAP. 169. An act to amend " an act authorizing th^ Secretary of War 
to establish a pension agency in the town of Decatur in the State of 
Alabama, and to provide for the payment of certain pensioners in the 
said town of Decatur." 

w?rT2^w..i^ ^ ^- ^^^ enacted, fyc, That the Secretary of War be, and 
to remove tbe he is hereby, authorized, if in his opinion necessary, to remove 
M°'D!MuS*"to and establish said pension agency in the town of Huatsville, AI- . 
DDtfTiiie, Ala, j^jjj^jj^j^ . j^jjj^ jjj the event of said removal, the pensioners describ- 
ed in said act shall be paid in Huntsville. Approved, July &lh, 
1838. 

CHAP. 170. An act to authorize vessels bound for the ports of Mexico^ 
and prevented fifom completing the voyages in consequence ctf the exis- 
ting blockade of those ports, to enter and store their cargoes in the ports 
of the United States. 

veweb turned "^ ^' Be t^ enacted, fyc. That any vessel which may have 
offftomtiMir port been turned off from her port of destination in Mexico, by the 
Me1d^°%'''' tbe blockading squadron, may land and store her cargo in any port 
I!S!^Tra of the United States into which she may first enter, to be kept 
pTin^^e u!*fl; under the custody of the cnstom-^house, free from duty or any 
n^^datj, other charge, except the usual storage : Provided, Tbe said car-* 
go be re-exported within twelve months from the time of its be- 
ing so stored, and the provisions of tbe existing laws relating to 
the importation of goods, with the privilege of re-exportation 
without the payment of duty, or with the privilege of a draw- 
back of duty, shall be applicable to^goods entered and stored un- 
der the provisions of this act, except as is hereiu otherwise pro- 
vided. Approved, July 5IA, 1888. 

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1838 Chap. 171—172. 8686 

CHAP. 171. An aeUo authorize the Lwuing of patents to the last bona 
fide transferee di^ reservations under the treaty between the United 
States and the Creek tribe of Indians which was concluded on the 
twenty-fourlh of March, eighteen hundred aad thirty two. 
^ 1. Be it enactedy fyc. That the President of the United ^^ pr^wimi 
States be, and he is hereby, aathorized and required to cause ^ cam pftients 
patents to be issued to such person or persons as may be the lut purchaaon, 
bona fide purchaser, owner, assignee, or transferee of any selec- 1^ laSlmSl 
tion or reservation which has been made to, or in behalf of, any jJjJVf^YjJi*^ 
chief or head of an Indian family, under a treaty concluded be- ^^^^""^^ '^J;; 
tween the United Stales and ihe Creek tribe of Indians, at Wash- cwa 'j^'j^^j^ ' 
iogton city, on the twenty-fourth day of March, eighteen hun- 
dred and thirty-two, what ever may be the number of intermedi- 
ate transfers or assignments : ProHdedy The person or persons Proriao. 
applying for such patent or patents shall adduce satisfactorjr 
proof to the Commissioner of the General Land Office of the 
fairness of said several preceding transfers or assignments. Ap- 
proved , July 5/ A, 1838. 

CHAF. 172. An act to increase the present military establishment of the 
United States and for other purposes. 

^ I. Beit enacted, ^c. That there shall be added to each 
of the four regiments of artillery, one company, to be organized ^^Om ^j^f 
in the same manner as authorized by existing laws, with neb onbercgi. 
Ihe exceptions hereafter mentioned; that there be added [^"^iSligLnt- 
to every company of artillery sixteen privates, and to every ^/S»^^^;; 
company of infantry one sergeant and thirty-ei«ht pn^a^es, «»«tn|^ ^i.^. 
and that the number of second lieutenants of a compa-uooa henafur 
Dy of artillery be reduced to one, and that this reduction be so"""**^ 
made in connection with the appointment of officers to the four , 

additional companies authorized as aforesaid, and the transfer to 
the Ordnance department hereafter directed, that all the present 
aecond lieutenants shall be retained in service ; and there shall 
be raised and organized under the direction of the President of 
the United States, one regiment of infantry, to be composed of 
the same number and rank of officers, non-commissioned officens, ^^^^•«'"»JJ* ^ 
musicians, and privates composing the regiments of infantry now rJilSiTndo™- 
in the service of the United Slates, who shall receive the sameldSu^^*** 
pay and allowances and be subject to the same rules and regu- 
lations which now apply to other regiments of infantry, as provid- 
ed for in this act. 

^ 2. And be U further enacted, That the President of the ^jn>e jPyWej 
United States be and he is hereby, authorized to add to the corps create the eoipt 
of engineers, whenever he may deem it expedient to increase the"*' •^"••"• 
same, one lieutenant colonel, two majors, six captains, six first 
and second lieutenants ; and that the pay and emoluments of the ^^^ ^ ^, 
said corps shall be the same as those allowed to the officers of wnenu. 
the regiment of dragoons. . ^ , 

<^ 3. And be U further enacted, That so much of the act^^«tof wi^. 
passed the twenty-ninth day of April, one thousand eight bun- 
ared and twelve, entitled '' An act making farther provision for 

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2686 1838 Cha^. 172. 

the corps of engineers," as provides that one paymaster shall be 

taken from the subalterns of the corps of engineers, be, and the 

pnymaflter for Same IS hereby repealed; and that the paymaster so authorized 

to'ff RuVSIIiTtoand provided be attached to the pay department, and be in every 

iho paj dop'L, jpggpgp^^ placed on the footing of other paymasters of the army. 

corot of topo- "^ "*• "^^^ ^^ ^ further enacted, That the corps of topo* 

gngMctii o'.«i- graphical engineers shall be organized and increased by regular 

?imi"iuid°i^r'S^^e promotions in the same, so that the said corps shall consist of one 

^^ colonel, one lieutenant colonel, four majors, ten captains, ten first 

lieutenants, and ten second lieutenants. 

BowTaonnrjM ^ 5* And be U further enacted, That vacancies created by 

iBjawtobofiUod.gjjjj organization, over and above those which can bo filled by 

the present corps, shall be taken from the army, and from such 

as it may be deemed advisable of the civil engineers employed 

Uiider the act of the thirtieth of April, eighteen hundred and 

PiyMdomoio-tinriy-four ; that the pay and emoluments to the officers of said 

corps shall be the same as are allowed to officers of similar rank 

in the regiments of dragoons, 

Antborit7ff{T«n ^ 6. And be it furthcr cnactcdj That the authority to employ 

iSm^ to* wnrfoy ^'^'' engineers, in the act of the thirtieth of April, eighteen hun- 

rl'^'aied"'*"**"* drcd and twenty-four, be and the same is hereby repealed after 

"**" * ' the passage of this act. 

Tho Pmiident <^ 7. And be it further enacted, That the President of the 
"^Vio"*liI,V United States shall be and he is hereby, authorized to appoint 
••*';*"', ■'4°'""** sr> many assistant adjutants general, not exceeding two with the 
dMiin DOGonary, lircvet rank, pay, and emoluments of a major, and not exceeding^ 
four, with the brevet rank, pay and emoluments of a captain of 
cavalry, as he nay dee^n necessary ; and that they shall be taken 
from the line of the army, and in addition to their own, shall per- 
form the duties of assistant inspectors general when the circum- 
stances of the service may require. , 

^ 8. And be it further enacted. That the officers to be taken 

from the line and transferred to the stafi*, under the last preced* 

iiimfnVof om^ra *"8 section, shall receive only the pay and emoluments attached 

tHktii from tha jq ihcif rauk in the staff; but their transfer shall be without prej- 

Jine and trniifilof . , ' • • i «• .. t *! 

wi to tb« mnir. udice to their rank and promotion in the hne, according to their 
promoiiua'!'' "^ snid rank and seniority ; which promotion shall take place accor- 
ding to usage, in the same manner as if they had not been thus 
transferred. 
»aS!rfix?i?omw ^ 9' ^^^ *« it further enacted, That the President of the 
lojtoqaarior- United Statcs bc and he is hereby authorized, by and with the 
**"^'^ advice and conserjt of the Senate, to odd to the quarter-master's 
department not exceeding two assistant quartermaters general 
with the rank of colonel, two deputy quartermasters general, with 
the rank of lieutenant colonel, and eight assistant quartermasters 
with the rank of captain ; that the assistant quartermasters now 
in service shall have the same rank as is provided by this act for 
Pfey and omoN thosc hereby authorized ; and that the pay and emoluments of 
an«nu. (he officers of the quartermaster's department, shall be the same 

as are allowed to officers of similar rank in the regiments of drag- 
pioTiiDL oons: Prwidedf That all appointments in the quartertnaster's 

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in:iiiior*« 



1838^ Chap. 172. 2687 

department shall be made from the army, and when officers taken 
for such appointments hold rank in the line, they shall thereupon 
relinquish said rank, and be separated from the line of the army ; 
and that promotion in said department shall take place as in re- 
giments and corps. 

- ^ 10, And be it further enacted, That the quartermaster ,„^V*;;j^J^»: 
genera] be and he is hereby authorized Arom time to time, to em- p'yr l*^^'^^ 
ploy as many forage-masters and wagon-masters as |^e may deem !m!u». **'^ 
necessary for the service, not exceeding twenty in the whole, 
whoshall be entitled to recei?e each forty dollars per month, and uj,%l9. 
three rations per day, and forage for one horse ; and neither of 
whom shall be interested or concerned, directly or indirectly 
in any wagon or other means of transport employed by the 
United States, nor in the purchase or sale of any property pro- 
cured for or belonging to the United States, except as an agent 
for the United States. * 

^11. And be U further enaded, That there be added •'^ comwiSJ? *^*^r 
the commissariat of subsistence one assistant commissary general rai»Stt?^\ ** 
of subsistence with the rank, pay and emoluments of a lieuten- 
ant colonel of cavalry ; one commissary of subsistence with the 
rank, pay and emoluments of a quartermaster of the army ; 
and three commissaries of subsistence with the rank, pay and 
emoluments of assistant quartermasters. 

^ 12. And be it further enacted^ That the stewards of hos- pii,orftiiwMd« 
pitals at posts of more than four companies be hereafter allowed •'^***"'**'^*- 
the pay, clothing and rations of a sergeant of ordnance, and at 
all other posts, the pay, clothing and rations of the first sergeant 
of a company of infantry. 

^ 13. And be il further enactedf That the President of the rh* PretMcnt 
United States, be and he is hereby authorized to add to the onl- "J,t;;,"*i*".|5; 
nance department, whenever he may deem it expedient to in- "'•"o* duparu 
crease the same, by and with the advice of the Senate; two majors, 
and that lie be further authorized to transfer ten first lieutenants 
and ten second lieutenants from the artillery to the ordnance de- 
partment and that the pay and emoluments of the officers of the Piy and anoi. 
said department shall be the same as those allowed to the officers °"*''^' 
of the regiment of dragoons. 

^ 14. And be U further enacted. That so much of ihej^cim^tmciionm 
fourth section of the act passed fifth of April eighteen hundred 4Th'i^ net 5th, 
and thirty-two for the organization of the ordnance depart- ^.iJ'rdiuuln'V'!^ 
ment, as authorizes the officers of ordnance to receive the same ;;J|;;JJ';[^|'j;[^'™- 
pay and emoluments now allowed artillery officers, shall be jujjjj^'jj''^- 
construed to include the ten dollars per month additbnal pay paoj. 
to every officer in the actual command of a company, as com- 
pensation for the duties and responsibilities with respect to 
clothing, arms, and accoutrements of the company, under the 
authority of the second section of the act passed second of 
March eighteen hundred and twenty-seven, giving further 
compensation to the captains and subalterns of the Army of the 
United States in certain cases : Prwided^ That the officers of ^^'^ 



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2688 183B Chap. 172. 

the ordnance department claiming the compensation for such 
duties and responsibilities shall have been actually in the com- 
mand of enlisted men of the ordqance equal to a company of 
artillery and thereby incurred the aforesaid responsibilities. 
•/liSSSrSf^ihJ ^15. And be jit further enacted, That every commissioned 
Mm or itaff. ex- officcr of the liuc or staff exclusive of general officers shall be 
^n.uTmilfon entitled to receive one additional ration per diem for every five 
fbr^^^e^Vy/^fi^ years he may have served or shall serve in the army of the 
^ProvtoJ!*** United States : Provided, That in certain cases where officers 
are entitled to and receive double rations, the additional one 
allowed in this section shall not be included in the number to be 
doubled. 
i^^^tr ^ ^6- "^^^^^ it further enacted, That from and after the 
five yean. passing of this act, all enlistments in the Army of the United 
Spates shall be for five years, and that the monthly pay of non* 
p^y of a^Q.^j^. commissioned officers and soldiers shall be as follows: to each 
Jjfy*2i^eS***"^''8e*'^'*™^J^''' quarter-master sergeant, and chief musician, 
seventeen dollars; to each first sergeant of a company, sixteen 
dollars ; to all other sergeants, thirteen dollars ; to each arti*> 
ficer, eleven dollars ; to each corporal, nine dollars ; and to 
p„yi^ each musician and private [soldier, eight dollars : Provided, 
That two dollars per month of said pay be retained until the 
expiration of his term of service. 
Allowance of ^ 17. And hc it furthcT enacted, That, the allowance of 
in'?iea"orq>Mt sugar and coffee to the non-con^missioned officers, musicians 
orwhiikey. ^^ privates, in lieu of the spirit or whiskey component part of 
the army ration, now directed by regulation, shall be fixed al 
six -pounds of coffee and twelve pounds of sugar to every one 
hundred rations, to be issued weekly when it can be done with 
convenience to the public service, and, when not so issued, to 
be paid for in money. 
Employment of ^18. And be it further ^cnactcd, That it shall be lawful 
chMidni? ^who for the officers composing the council of administration at any 
fom tbrdmiMP^^) f^^^ time to time, to employ such person as they may 
qfeft hnoimmr t r e. think proper to officiate as chaplain who shall also perform the 
duties of schoolmaster at such post ; and the person so employed 
shall on the certificate of the commanding officer of the post, 
be paid such sum for his services, not exceeding forty dollars 
per month, as may be determined by the said council of ad- 
ministration, with the approval of the Secretary of ^ar ; and, 
p»y>Ac. in addition to his pay, the said chaplain shall be allowed four 

rations per diem, with quarters and fuel. 
An idduioui ^ 19. And be U further enacted. That an aditional pro- 

Profeaior of Che- / '^ . • ^ j * • . . • i ... /• ■ . ^. 

mittry^mineraio-tessor be appointed to instruct m the studies of chemistry, min- 
M bi°ipp^tall9ieralogy, and geology, with the pay and emoluments now allowed 
wepjyandemoi.^^ the profossor of mathomatics ; and that the Secretary of War 
may assign to the said professor an assistant, to be taken from 
pfSfe«i5?,hf8 w ^^^ officers of the line or cadets ; which assistant professor will 
and emoluments, rcccive the pay and emoluments allowed to other assistant pro- 
lessors. 



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1838 Chap. 172. £689 

^ 30. And be it further enacted, That whenever suitable 
non-commissioDed officers or -privates cannot be procured from 
the line of the army to serve as paymaster's clerks, paymasters PtTmaster*! 
be, and hereby are, authorized and empowered by and with thepioM^iraS' 
approbation of the Secretary of War to employ citizens to per-*^*"* 
form that duty, at salaries not to exceed five hundred dollars 
per annum each. 

^ 2h And be it further enacted. That all letters and pack- ^'g^^^ '^ 
ages on public business, to and from the commanding general, i!cbu«ijientob!l 
the colonel of ordnance, the surgeon general, and the head of*^"^**^*^* 
the topographical corps, shall be free from postage. 

^ 23. And be it further enacted, That the President 
•ball be and he is hereby authorized, whenever be may deem 
the same expedient, to cause not exceeding two of the regiments 
of infantry to be armed and equipped and to serve as a regi- 
ment of riflemen, and one other of the regiments of infantry to^^^^vnnent or 
be armed and equipped and to serve as a regiment of light ^. ^^^^^^ "^ 
infantry. » * * "*'*^' 

§ 23. And be it further enacted, That all acts and parts acib inconcit. 
of acts inconsistent with the provisions of this act, shall be and 4peiaed. *^ 
the same are hereby repealed. 

4 24. And be it Jurther enacted, That hereafter the of- pajortheoiB. 
Seers of the pay and medical departments of the army shall ^^^^^^^igjj[ 
receive the pay and emoluments of officers of cavalry of the same putment 
grades respectively, according to which they are now paid by 
existing laws. 

4 25. And be it further enacted. That when volunteers T^^^^^^^ 
or militia are called into the service of the Uojtes States, sopoim additional 
that the paymasters authorized by law shall not be deemed suffi-vofunteeraor m!! 
cient to enable them to pay the troops with proper punctuality itk^ioMnSeMte!' 
•ball be lawful for the President to appoint as many additional 
paymasters as he shall deem necessary, who «hall perform the 
•ane duty, give the same bond, be subject to the same liability, ^^ Their dmka, 
and receive the same pay and emoluments, as are now provided &c. '^ ^^' 
for paymasters of the army: Provided, however, That the num-' proTiM. 
ber so appointed shall not exceed one for every two regiments 
of militia or volunteers : And provided also. That the persons so pcovim. 
appointed shall continue in service only so long as their services 
are lequired to pay militia and volunteers. 

'^ 26. Afd be U further enaded,ThvLi the compensdiiion here- ^f^^^ 
after, to be allowed to such ordnance storekeepers as shall be de- Jj^p^j^^^^ 
•ignated as paymasters, shall not exceed the pay and emoluments 
of a captain of ordnance. 

^ 27. And be it further enacted, That it shall be the duly ofp^f.j«^;~;«^ ™- 
the engineer, superintending the construction of a fortification, conitrocttoo ora 
or engaged about the execution of any other public work, to dis-to diibaiM tbo 
burse the moneys applicable to the same ; and as a compensation TomVaontioa 
therefor, may be allowed by the Secretary of War at the rate of '^"*"- 
two dollars per diem, during the continuance of such disburse- 
ments : Provided, That the whole amount of emolument shall P">^^«- 
Dot exceed one per cent on the sum disbursed. 

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2690 1838 Chap. 172. 

of wdeuiJJrli!! ^ 28. And be it further enactedy That the term for which ca- 
odtotifbt j«iin. (lets hereafter admitted into the Military Academy at West Point 

shall engage to serve, be and the same is hereby increased to 

eight years, unless sooner discharged. 
Thro* mmithf A jQ, ^^j jg U fuTthtr enacUd, That in lien of the bounty 

extra nny given in ^ . . , . , "^ - ,. ' .,...• ^ 

lieu »f the hountynovr providcd bylaw for re-enlisfment, every able-bodied, non- 
kw (ur7J-^ttii«t- commissiofied officer, musician or'private soldier, who may re-en- 
*^*^^' list into his company or raiment within two months before or 

one month after the expiration of his term of service, shall re- 
ceive three months' extra pay ; and also any non-commissioned 
officer or soldier who shall have served ten consecutive years, 
and shall obtain from the commanding officer of his company, 
battalion or regiment, a certificate that he had faithfully perform- 
lanf rAnu!d fof ^^ ^'^ ^^^Y ^hilst in service, shall be allowed one hun<lred and 
' tirt'^^erriel'*''* ''*^y acrcs of lopd, to be designated, surveyed, and laid off at 
)«urt tervee. ^^^ public^e^Kpense, in such manner and upon such conditions as 
may be provided by law, which land shall be patented to the sol- 
dier or his heirs and be not assignable until patented. 
flAmaehoriu^ ^ 30. Afid frls U further enaded^ That so much of the 
ami 19 !Vpri!i8Ud eleventh section of the act of the sixteenth March, eighteen 
!!fJ!i'.itM''l!^aa! hundred and two, and so much of the fifth section of the act of 
'^A^Hofisos^o. ^^® twelfth of April, eighteen hundred and eight, as fix the height 
•• T'\' r» .ti?*' of enlisted men, at five feet six inches, be and the same arc here- 

Aot of Iwi8, c. , , ' ' 

43, vui 9, p. lodd. by repealed. 

ba^mii\e«Trrom ^ ^^' Afkd he %t fwther eiMcted, That the officers of the 
th«r?ogiin«iiiTi army shall not be separated from their regiments and corps for 
woAm oHn^thli employment on civil works of internal improvement or be allnw- 
p^rlud ^^J^- ^^ ^o engage in the service of incorporated companies, and no offi- 
aioa,*e. ccT of tlic line of the army shall, hereafter, be employed 

as acting paymaster, or disbursing agent for the Indian depart- 
ment, if such extra employment require that he be separated 
from his regimeilt or company, or otherwise interfere with the 
Provtoo. performance of the military duties proper : Provided^ That where 
officers of the army are now employed on civil works or in the 
Indian or pay departments as contemplated in this section, they 
may be continued therein not exceeding one year, unless the 
convenience of the service will admit of their withdrawal sooner. 
•nSrifSlaJnu* ^ 32. And be it further enacted. That the superintendents 
£?" fcIw"^Dd^'^ ^^^ armories at Springfield and Horper's Ferry shall hereafter 
iCri?r*f Farrj ; receive cach the sum of fifteen hundred dollars, pnd rations, 
■ndofthaowttar ^^^1^ and quarters, as at present authorized ; and that the master 
armorers of the same shall each receive the sum of twelve hun- 
dred dollars, and fuel, and quarters, as at present authorized ; 
and that the aforesaid sums and allowances to the officers afore- 
said shall be in full compensation for their services respectively. 

§ 33. And be it further enacted. That the President be, 

and he is hereby authorized, by and with the advice and consent 

■i^!!i![!!(!^^to^*of the Senate, to appoint seven additionol surgeons ; and that 

rlJJSjont ""^ aS! ''*® officers whose appointment is authorized in this section, shall 

thjlj^jjjj^ tad receive the pay and allowances of officers of the same grades 

respectively. Afprcfoed^ July bth^ 1838. 

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1838 ^Chap. 173—176. 2691 

CHAP. 173. Ad act supplementary to the act entitled " An act author- 
izing the appointment of persons to test the usefulness of inventions 
to improve and render safe the boilers of steam engines against ex. 
plosions," approved twenty-eighth day of June, eighteen hundred and ,^ ^ ^®8, c 
thirty-eight. 

^ 1. BeU enacUd.fyc, That nothing in the act to which «1?™**^»J^„JJ 
this is additional shall be construed to exclude from the consider- Jj.'^«*p^jj{{«» 
ation and examination of the commissioners, any plan of a steam ^'{j*.^^^ *L^ 
engine, for propelling boats constructed without a boiler. the coDBidfreuon 

Approved, July Ithf 1838. ^in ia ^l 



2d»1638. 



CHAP. 175. An act to authorize the sale of certain public lands of the 
United States near the Wabash and Erie canal, in the State of Ohio. 137,^to1. 4, ' p! 

^ \. Beit enacted, fyc, That after the State of Ohio shaH ^^Aft^j'^e state 
have completed the selection of lands authorized by an act en-)uive rompieied 
titled *' An act authorizing the selection of certain Wabash and iwdB'^auihorized 
Erie canal lands, in the State of Ohio, approved June thirty, a?ihr^'u34/"h« 
eighteen hundred and thirty-four, the President of the United S'ori^TJ'p'JSl 
Slates shnU be, and he hereby is, authorized to proclaim for pub- Sl°\h^''rS}dSS 
lie sale the residue of the lands reserved from sale by said act ; of (he laoda re- 
which sale shall be governed by the same rules and regulations, act]^^. ^ 
impose the same duties, and give the same rights, which are pro- 
vided by the existing laws in relation to other sales of the pub- 
lic lands by proclamation of the President : Provided however^ Pronao. 
Tliat no lands shall be sold at such sale for a less price than two 
dollars and fifty cents per acre. 

^ 2. And be it further enacted, That after the expiration of ^^^^^J/Jjj^'jg*; 
the time fixed in the proclamation of the President for the salejjjj** ^^ ^^ 
authorized in the first section of this act, any lands which may remViningunaoid 
then remain unsold shall be subject to sale at private entry, at to private'euuy^, 
the price of tvro dollars and fifty cents per acre, and not less ;^' 
and no lands hereby authorized to be sold shall be subject to^^^^^^^*^' to 
entry under any pre-emption law of Congress. Approved, July empuoaVwJ^ 
7/A, 1838. 

CHAP. 176. An act to extend the time for locating Virginia military land Act of i84i, e. 
warrants, and returning surveys thereon to the General Land Office. ^^ ^*^ ^' 

^ 1. Be it enacted, SfC, That the officers and soldiers of the^^offlcew^ uid 
Virginia line on continental establishment, their heirs or assigns, va. hne on coi^ 
entitled to bounty lands within the tract reserved by Virginia, ii8hm?nt, 7he& 
between the Little Miami and Scioto rivers, northwest of the emiue?ro"b^n' 
river Ohio, for satisfying the legal bounties to her officers an<l LmWoih'AriJIlS 
soldiers upon continental establishment, shall be allowed until }^^ to-ompieta 

.• 4. M. •• I 1*11 '""' lociitiona, 

the tenth day of August, id the year one thousand eight hun-auu remni iheir 
dred and forty, to complete their locations and surveys, and re-"**™^^*"' 
turn their surveys and warrants, or certified copies thereof, to 
the General Land Office ; and all entries and surveys which may aii entiiea awi 
have heretofore been made within the said reservation, in satis- glj'jy"^^^''jj«jj' 
faction of any such warrants, on lands not previously entered or <i«<«<^ti<^ «( ni<i 
surveyed, or on lands not prohibited from entry and survey^iondin^ ore?f. 

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2693 1838 Chap. 176—177. 

3^5^ gj^jj shall be held to be good and valid, any omission heretofore to 
*«• 'extend the time for the making of such entries and surveys to 

ProTiio. the contrary notwithstanding: Promded, That no locations as 
aforesaid, within the abovementioned tract, shall, after the pas- 
sage of this act, be made on tracts of land which may have 
been previously patented, or which may have been surveyed id 
satisfaction of warrants granted for the legal bounties of said 
officers and soldiers : And provided^ alsOf That no locations as 
aforesaid sliall be made on any lands lying upon the west side of 
Ludlow's line ; and any patent which may nevertheless be ob- 
tained for land located contrary to the provisions of this act, 
shall be held and considered as null and void. 
NopatentBhaii ^ 2. And be it further enacted. That no patent shall be is- 



qIISBmy*oinwJd s"^^ ^7 virtuc of the preceding section, for a greater quantity of 
ura'**of Bw^ce'*"^ than the rank or term of service of the officer or soldier to 
of tbe officer or whom, or to.whosc heirs or assigns, such warrant has been grant- 
mid '^xTaot°£ed, would have entitled him to under the laws of Virginia and 
antfdeT^hfm^to of the United States regulating the issuing of such warraDts ; 
rf^^vir^ta^d^nd whenever it appears to the Secretary of War, that the sur- 
SiSi^MSSgSf ^^y of^ade by any of the aforesaid warrants is for a grtater qaan- 
■^ warranty tity of land than the officer or soldier is entitled to for his ser- 
^ vices, the Secretary of War shall certify, on each survey the 

aniount of such surplus quantity, and the officer or soldier, his 
heirs or assigns, shall have leave to withdraw his survey from the 
office of the Secretary of War, and resurvey his location, ex- 
cluding such surplus quantity, in one body, from any part of hi§ 
resurvey, and a patent shall issue upon such resurvey, as in other 
^twim. ^s^s • Provided, however. That no patent shall be obtained on 
any warrant under this act, unless there be produced to the Se- 
cretary of War satisfactory evidence that such warrant was grant- 
ed for services which, by the laws of Virginia! passed prior to' the 
cession of the Northwestern Territory, would have entitled such 
officer or soldier, his heirs or assigns, to bounty lands; and, alao, 
a certificate of the register of the land office of Virginia, that 
no other warrant has issued from the said land office for the same 
services. Approved, July 1th, 1838. ' 

CHAP. 177. An act for the erection of a court-house in Alex and ris, in 
the District of Columbia. 

The comr. of ^ 1. Be it enacted, fyc, That the Commissioner of the Poblic 
to ^uiae?''^*an! Buildings in the city of Washington be, and he is hereby, au- 
tedSlue^^ thorized and directed to cause to be erected in the town of Al- 
lied* b^ K^^andria, in the District of Columbia, a court-house, to contain 
"^•''^ all the offices and accommodations necessary for the court, clerk, 
marshal, and jurore of the county of Alexandria, and for the accom- 
modation of the orphans' court fdr the said county of Alexandria ; 
the plan of which building shall be submitted to and approved by 
the'Pf^esident of the United States before the commencement 
^^if^e^MLand operation thereon; or, if the President of the United States 
co^dTeto°SS« deems it more conducive^ to the public interest, he is hereby 



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i83B — gbaf.177— ir& seoB 

mtborifled to pvcbaie the building owaed by the late Bank offf'^^sSi 
Aknodria, and convert it into a oonrl^hDaM and officei for the^^^g(»2S; 
eraotyof Alezandria. And there is hereby appropriated, forAui/or Akn., 
the porpoae of erecting said conrt-hooM, the aam of not eioeed- 
ing ifltten thaunuid doUan ; to be paid oat of any moneys in the pi^S^^^'''^ 
IVsBiury not otherwiae appropriated : PraiHded, That no greatr ^^ 
ernm than is appropriated by this aot shall be expended in the 
oeelion of said oourt-hoaae or the pwchasp of the building 
ifeienid. Appriwed, J^ Tih 1808. 

CHAP. 178. Ab aot .to reorgaDiee the Lsgislaliye Ooanoii of Florida 
.and ftir other ] 



^1. Self enacted^ frc, That the legislative power of ihej^\t^^i^ 
Territory of Florida ihaJl be vested in the Governor and the ;;j|;^ JlJJI'jji^ 
L^Iative Council. The Legislative Council shall consist of >•**»• omSfT 
two houses, to^be called the Senate and House of Representa- 
tives. ' The House of Representatives shall be oiganized and the 
members thereof shall be chosen as is now prescribed by law far Ltghiauva 
the present L^islative Counci) ; and in'addition* to the present ^^'^^g^' 
lumber^ there ^^11* be one mamber lihosen for the county of j«> «<»>• ^ 
Gattoo^ one for the county of Daii%, m/i ^n additional member for ""^mM^itia^ 
the ooAty of DuvaK The Senate sh^U fx>nsA8t of el^en mem-^at'lISi!! 
bsiSyto be chosen as follows: three shall be chosen from ibe^^Jf^ji ^Lf^ 
western judicial d'mtcict, including the county of Franklin, by,^'}^*' 
geseiai tiobet of the qwli&ed. voters of Ihe counties of ^i^J^* ^Ji^'^i!!^ 
dktriet, including the said county, of Frai^klin ; Vour from the i^«mter>, ww ui 
aa^ jodicttl distriot, east of the Apalachicola.river^ to be cho-^'^'^*^'^ 
Mthoby geneiid ticket of the qualified voters of the o6unties 
sf aud district, so limited as aforesaid*; .three from the eastern 
jafioiil district, to be chosen also by gepend ticket of the qualified 
voters of the ^counties of said district ; and one from the southern 
jodicial district, to* be chosen also by gener^ ticket of the qualified senaton eieet- 
loterf of the counties for said district Snid. Senators sbaU be** ** ^"^ ^'•' 
okcted for the t^rm. of iw^ years. . ^„^„ ^^ 

^2. AsidbeU fwtber* $n0ct^, That the members of saidJ-^J'^^J^'^ 
Legislative Council shall repeive ea^ch four dollars per diem du-^jf^^^fci^^iariDj 
ring the session thereof, and four dollars for ei^ry twenty miles' iiifJI^*f^twX 
travel to and from the seat of Oovernmept; the distance to ^e ^^ "*»••' "•^•»- 
oompnted by the most dirf^ct route firom the member's place of 
Twdence to the place Wbeie tb^ session is held. 

^ 3. And be U further enacted, That the s?iid Senators shall iJ^«^Va oTt! 
bedeeted in October next at tto same time, in the same man-^^j^VpraKribl 
her, and by the same qualified voters as is now prescribed by Iaw^^^\^^|j^"f 
for the election of members of the present XiCgislative ^ou"c>l}|J'^tP|^^J^f: 
tod bieonially theieafter, in the manner that may be prescribed aiMi ^%i«Dnuiif 
bt the said Legislative Council ; and the returns of the election biT^^riM^'bi! 
of said Senators sbaU be made bj the marshals of each of said ^i^^*^'"* 
districts to the Governor, in socb manner as shall be prescribed 
by the Governor. 

^ 4. And be U further enacted, That the Legislative Cpun* 

^ Digitized by Google 



26d4 



1838 Chap* 178-179. 



c^Sil^iirud ^'l> ^y ^^ ^'^ ^^ consent of the Crovernor, are hereby vetted 
with the eoDMnt with fiill Dowef, at their first session or at any time tbereafteri to 

of the Governor, .■^, ' . /..• w^i*****!. 

Yeitadwith pow- apportion the representatives or either House of said LegislatiTe 

the ^re^en'^ CounciI as to thoui may seem best and proper, according to the pcf 

fltlL. "^^^' pulation of the Territory ; and may, for the purpose of more effec* 

senate limitet tually' equaHziog said representation, increase the Senate to any 



to 15 members, numbcr not cxceoding fifteen in the whole* 
to^'dl*^!^^ ^ ^ ^^^ ^^ ^ /ur/A^ enacted, 'That no session of said Leg- 
islative Council in any year shall exceed the term of seventy-five 
days. 
pJtUof^ndili ^ * -^"^ *^ ^ further enacted, That all acts and parts of 
tentjdth thbaetacts heretofore passed in .relation to the Legislative Council ot 
"" ^ Florida which are inconsistent with or repugnant to the provis- 

ions of this act shall be, and the same are he reby^ repealed. Ap* 
proved, July 1th, 1838. . 



lepealed. 



CHAP. 179. Ad act to provide for tke support of the Military Academy 
of the United States fer the year eigUteen hundred i&nd thirty-eight, and 
for other purposes. 

8ee.TnM.au- • '. 

ItocSfomlioSJ ^ 3. An^ be it further enaiaed. That the Secretary of Trea- 
cS^wtior'to ^"'^y **®» ^^^ '^^ ** hereby,-authoriied to pay t6 the cdlectors, 
SfdiTtothl'i^^^P^^y collectors, ^val officers, surveyors, and their re^>ective 
^rtltJLn of tiSit clerks, together with the weighers, gangers, measurers, and mark^- 
w^idhl'e teSIers, of the several ports of the United States, out of any mon.ey 
Mth%ty'^i^in the Treasd^y not otherwise appropriated, such soma as wtil 



had 
feot. 



Praviao. 



gone into ef-gjve |o thc Said officcrs, respectively, the same compensatien in 
the year one thousand eight hundred ahd thirty-eight, according 
to the importation^ of that year, as tliey would have been ehti« 
tied to receive, if tl^e act' of the fourteenth of July, one thousand 
eight hundred and thirty-two, had gone hitq efiect t Prmndei, 
That no officer shall receive, under this act, a greater annual sal- 
ary or compensatioii than was paid to such officer for the year 
one thousand eight fiiindred and thirty-two ; and that in nq case 
shall the compensation of any other officers,' than coHectors, na- 
val officers, .surveyors,' and clerks, whether by salaries, fees, or 
otherwise, exceed the suqo of fifteen hundrpd dollars each per 
annum ; nor shall the union of any two or ihore of those office|« 
in one person, entitle him to receive more than that sum per an« 
num; Provided furtHer, That the said collectors, naval offioersi 
and surveyors, shall render an account quarterly to the Treasuryi 
and the other officers herein named, or referred to, shall render 
an account quarterly to the reactive collectors of the customs 
where they are employed, to be forwarded to the Treasury, of all 
the fees and emoluments whatever by them respectively received 
and of all expenses incidental to their respective offices ; which 
accounts shall be rendered on oath or affiirmation, and shall be in 
such form, and supported by such pfoofs, to be prescribed by the 
Secretary of the Tre^nry, as will in his judgment, best enforce 
the provisions of this section, and show its operation and efiect ; 
Provided, aleo, That in the event of any act being passed by 

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Proviid. 



Fcoviio. 



1838 Chap. 179—180. 2695 

Congress at the present sesrioo to regulate and fix sala — or com- 
pensation of the respectire officers of the customs, then this 
seetioii shall operate and extend to the time such act goes into 
eflbct, and no longer : Provided, however. That the Secretary '^"*'- 
of the Treasary be authorised to extend Ip the collectors at such 
oCfcer ports where a surplus of emoluments have 1>een accounted 
kr and paid into the Treasury, in the year eighteen hundred and 
thirty-two, the privilege granted to the collector of New York, 
lo lake eflfect from the first day of January last : Provided nev- ProriM. 
erttsless that no coHector shall receiTe more than four thousand 
doOars, and no naval officer shall receive more than three thou- 
sand dolkif, and no surveyor shall receiitie more than twenty-five 
hundred dolhrs per annum. 

^ 6. And he it further enacted, That all the money arising AiimoDtr um- 
from tbe bequest of thd late' James Smithson, of London, for theL^'dr^m 
^rpose of founding at Washington, in this District^ <^d in^ti^^-mTy bT^Thlto 
tion to be denominated the Smithsonian Institution, which may {|^« ^j!^;^'^ 
be paid into the Treasury, is hereby ^appropriated and shall be in- sttit* stoeks. m 
vested by the Secretary of the Treasury, wi^th the approbation hl^'uriirfi^l^ 
of (he President of the United States, in stocks of State?, bear-"^^' ^''- 
ing interest at the rate of not less than five per cenfum per an- 
BQiD, Aichsaid stocks shall be held by tbe said Secretary in trust 
for tbe uses specified in the last will and testament of said Smith- 
ton, antil provision is made by law for carrying the purpose'of 
add bequest into effect ; and that the annual interest accruing 
OD the stock aforesaid shall be in like manner ' invested for the 
benefit of said institution. 

ioT procuring.new machinery for the Hamper's Ferry Armory iftjcWn^nr for 
the nun of twenty thousand dollars. ry Arl!^^ 

^ 1. And be it further enacted, That the Secrerary of theea^J'teAade 
Tremiy cause to })e made under the superintendence of Mr. J25;',^;i^jSS: 
Haider one standard balance for each State, and when complet-j^<^«jJJ^«^ 
^ibathe cause them to be delivered to the respective Govern- sute, ate. 
on for thcT use of tbe respective States. Approve^, July 1th, 1838. 

CHAP. 180. AA act to provide for the settlement of the claim of the 9tate 
of New-Yprk for tbe service of her militia, 

^ l.BeUtnaOed, fyc, ThaHhe Secretary of War be, and he isJ^^^^^JSi 
hereby, authorised and directed to cause to be reimbursed and paid i^m^r^^"%e 
totjie State of New-York, on the order of theOoveirnor of said ^^^°^S^ 
State, out of the appropriation for the' prevention of hostilities o^^of^e 
on the northern frontier, such amount as the Paymaster General certify wouia 
of the United State's Army and the accounting officers of theuir y^mS^n 
Trewory shall ascertain and certify would have been due fromff^"Si'*'i2wS 
theUoiied States to the volunteers and militia called into the ^^^'^8^»«g^ 
wrrice of the State, in the latter part of the year eighteen hun-j^»^^ta^f 
d«dand thirty-seven and the first part of the yeAr ®\8'*t®«n ^^f^^J^^" /?£i 
hundred and thirty-eight, for the protection of said frontier, byu/'sSC!^'' 
the Governor, if said volunteers had b^n duly called into the 
lerrice of the United States and regularly received and mustered 



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2696 183» Chap. 180—182. 

by oiBkxrn of tbeiUnited States army, aceordiag to the laws and 
regulations which ha^ governed^ in the payment of the volun- 

proviio. teers and militia of other States : Pr&vided, That the accoants 
of the agent employed by the State of New-York to make said 
payments, be submitted to the Paymaster General and (he ao- 

proTiio. counting officers for their inspection : And prainded oho, That 

no reimbursement shall be made on accoomt of the payment of 

any Toiunteera or militia who refused to be received and mos*- 

tered into the service of the United States or to serve under, the 

I officers of the United States army appointed by the President to 

command on the oortfaera frontier. Apprcfoedf July 1th, 1838. 

I ' ' ' II ' I ■ ■■' ■ I ■ I .. 11. II II ' I I ■ 

CHAP. 182. An act to establiflh certain post routes and' to di8<;ontinue 
i others. 

^ I. Beit enadei, t(e. That the following be established as 
FoitiMd% poet roads: 

MAINR 
From Unity to Thomdike. 
' uwbSd"*"^ From West Efldingtod to ^B^ Eddington. 

From Gardiner, via Light's Corners and Seafsmont/ to Belikst. 
From Saco, by Goodwin's llf iUs to Alfred. 
i From Acton corners, via Milton Mills and Union vimge, to 

^ Middleton corner, New Hfimpshire. 

From Alfred to Newfield. 
^ From Eden to Bar Harbor. * 

From Waterviile, via Climton, Troy. North Dixmont^ and Her- 
mon to Bangor. 

From Dover, via Lower village, Atkinson, Wingate's corner 
and Milo village, to Kilmarnock. 

From Fishes Mills (ia township number four, fn the 6tl^ range 
west from the east liil^ of the State) to Mattawamkeag. point. 
From Bangor, via South Xevant, to Stetson: 
From Machias to Wedtley.'/ 

From Lewiston f'alb, at Danville, by the river road,' to Liver- 
nune Falls. 

NEW ItAMPSHIRE. 
From Lancaster, via Whitefield and Carroll, to White Moun- 

In New Hamp-.4oin / ' ' 

«d. From Colebrook, via Errol and Letter B, ta Aiidover, Maine. 

From North Haveryill, via Woodville, West Bath, Lyman, 
North Lyman, West Littleton, and Lower Waterford, to Pingre- 
! ville. 

From Peterborough, via Jeffrey, Factory village and Rindge, 
j to Winchendon. 

'; From Union village, via Brookfield, North Wolfsboroogh and 

|: Water village, to Tuftonborough. 

From Exeler, via East Kingston, South Hampton, and New- 
town, to Haverhill, Mksachusetts. 
From Concord, via Bow, East Dunbarton, and Centre Goffs- 
• town, to Piscataquog village. 

Digitized by CjOOQ IC 



1838 Chap. V^ ' tl&H 

From Bedfordy i^Ooiirtowii, fiopkioton, Waniery and New 
London, to Hanover. 

From Eaton, via Freedom, North Parsonfield and Limericl^, 
to Hollif, Maine. 

From Kingston, Tia Brentwood, Epping, Nottingham, North- 
wood, Pittflfield, Bamstead, Gilroanton iron works, to Guilford. 

From Landaff, over Sugar hill, to Franconia. 

From the centre of .Washington by east Washington, to the 
Upper village in Hillsborpugb. 

From Pittsfield by the store of George Nutter in Banwtead, 
over new Durham Bridge, bjr Middletown, Wakefield, Union 
Village, Milton Mill and Alton, to Alfred, in Maine. ^ 

VERMONT. 

From Barton, via Irasburg^ Qovenlry, and Troy, to Richford. giJJS*"*" 

From Finneyville, via Clarendon and Clarendon Springs to 
West Rutland. 

From Jeffersonville, vja Waterville and Belvidere to Mont* 
goraety. "* 

Fi'om Wilmington to Greenfield^ Massachusetts. 

MASSACHUSETTS. 

Froiff Adainsville, Rhode bland, via Hick's bridge, to Dart- J^iJS^ 
mouth. «*• 

From Washmgton, via North Becket, to Middlefield. 

Prom Northborougb, via Marlborough, Stow, Acton, and 
Chelmsford, to Lowell. 

From Norton, via Attlebprough an(i|fPaw(ucket, to Providence. 

From Barre, via Hardwick, to Ware. 

From Westfield, via Montgomery,* Norwitch bridge, and North 
Chester, to Worthington. 

Fr<nn East Bridgewater, via John A. Conant's and J. W. Jen- 
kins' stores, and East Abington, to South Weymbuth. 

Fropi Worcester, via Milbury, Sutton, West* Sutton, and East 
Btmglass, to Douglass. 

CONNECTICUT. 

From Hebron, via Exter meeting-house and over. Goshen hill, _^%P;;^"^ 
to BozraviIIe. . . > 

From West Hartland, Connecticut, to Tpliand,' Massachusetts. 

From New Haven, via Fair Haven, North Branford, North 
Guilford, North Madison, North Killingsworth, Chester Hadlyme, 
and Salem, to Norwich. . 

From the house of Robins Tracy, on the Colchester and Mid- 
dletewn turnpike, thence to the East Haddam and Colchester 
turnpike, by the store of H. & B. Palmer, and Arom thence 
through MechanicsvUle, to East Haddam landing. 

NEW YORK. ^ 

From Salubria, via West Catlin, and l^rnby, to Painted post. -^uihS^ 
From New Haven, via Port Ontario ana Lindseyville, to EUis- 
burgh« 

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8698 • ]|B8 Chap. 182. 

From Golden, via Watervilte corners, to Springville. 
From North Blenheim, via Gilboa and Prattsville, to Cloveg- 
Yille. 
From Granville foar comers to Middle and West Granville. 
From Schenectady, via Rotterdam, the church in the centre 
of Princeton, and Mariasville, to Braman's cornens. 

From Flushing to Manhassit. 

From PooghkeepsiCj via Cnim Elbow, Pleasant plains, Clin- 
ton hollow, Sbultz's store, Clintonville, Milan, and Rock citv 
to Red hook. ^' 

From Castile, via Portageville and Mizville, to Hume, 
t From the store of Charles F. and J. C. Hammond and Com- 

pany, Essex county, via Samuel Murdoch's at Long point, to 
the old fort at Crown f>oint ; then across Lake Champlain, to 
Chimney point, in Addison, and through Addison and Panlon. 
to V.ergennes, Vermont. » 

From Maiden, via Wynkoopsville, to Irvingsville. 
, From Attica, via Orangeville and Wethersfield springs, to Pike. 

From Pine plains, via Grallatin, Ancram,and Copake, toHillS^ 
dale. 

From Angola, via Collins centre,, to Spripgville. 

From Aurora, via Griffin's mills, to Springville. « , 
^ From Clay, via Phoenix, ^to Fulton. 

FromSomers, via Southeast and Patterson, toPawlings. 

From Bouckville, via Pratt's hollow, Stockbridge and Bennett's 
comers, to Oneida castle^ . 

From Troy, via Pceste^kill, to Berlin. 

From EUenville, via Greepfield, Southwick's settlement, Wake- 
man's settlement, and Miller's settlement, to Monticello* 

From Harpersfield centre, via North Harpersfield, to ^outh 
Worcester. ' 

From Lexington to Westkill. 

From Fast Hampton to Amo^nsett. 

Froiii Clermont, via Elizaville and Jackson corael'jB, to Mont- 
rose. 

From Norwich, in Chenango county, by Smyrna, Earhille 
Poolville, East Hamilton, North Brookfield, and Sangerfield cen- 
tre, to Watecville, in Oneida county. 

From Ephrata, via Pleasant valley, to Newkirk's mills, Fulton 
county. 

From Berne and Waldenville, to Gallupville. 

From Mexicoville to Colosse. ' 

From Enfield to Newfield. 

From East Solon, via Truxtorf, Fabius, Pompey, and Jame»- 
ville, to Syracuse. 

From Darien centre, via Pembroke, to Alabama. 

From Lowville, Lewis county, New- York, via Daysanville 
Belfort, Indifc river, Diana and Harrisville, to South Edwards' 
St. Lawrence countyJt ^ 

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188B- — Chap, l^^ ' 2699 

DiacfmliiMie as fattaws : 

From Hydepork to Staffordville, and from Rhinebeck to Clin- DiMooUpotd. 
lonville. 

From Lodiy (Persia post-office) to Collins centre. 

NEW JERSEY. 

From Tom's river, via Dover furnace,. New Egypt, Jacobs- ^jJj^SkiJ^ 
town, and Recklesstown, to Bordentown. 
From New Brunswick, by Millstone, to Flen^ington. 
From Hackettsville, to Belvidere. 

PENNSYLVANIA. 

From Hulingsburgh, via Michael Traverse's, Ross Corbett's iaPMBi;iT« 
mills, R. D. Lawson's mills, Orrs tavern, Kittaning, and George ''■**'^^" 
Ross's Mills, to Leechburg. 

From Apollo, via M'AIIister's, Pitts mills. Lower Crooked 
creek, salt-works, and Kittaninjg, to Orsville. 

From Reading, via MoUstowil, Hunter's .forge/ Klinesville, 
Michael Shaffer's and Featherolfsville; 

From Bhelocta, via Warren and North Wasbingtoti, td Pitts- 
Wrg. 

From New Alexandria, via New Derry, to Johnstown. 

From Greensburg, via Mqrraysvilley Logan's ferry, Alter's 
stote, North Washington, M'Uvaine^s store, and Cqngruity meet- 
ing-house, to Greensburg. 

From Brownsville, via Greenfield and Columbia, to Mononga- 
hela city. • 

From Cannonsburg, via Venice and Webster^s, to Racoon^ 

From Stamptowff, via Mount Zion, to Lebanon. 

From Mexico, through Tuscarora valley, to Waterfbrd* 

Froni Mercer to Westley. 

From NewcajBtle, via Eastbrook, to Harlansburg. 

From Newcastle, by J^ulaski, Sharon, and Clarksville,to West 
Greenville. 

From Shamokin, via Coal post-office, to f^ountain^ spring^, 
Schuylkill county. 

From Montoursville to John Barber's mills, Pldnket-creek 
township. 

From Caledonia, via the first fork of Bennett's branch of the 
Sinnemahoning creek, to Coudersport. ^ 

From Hazleton, via East Sugarloaf, to Wilkesbarre. ^ 

From Cumberland, Maryland, via Wellersburg, to Berlin. 

From Bath to Klecknersville. 

From Philadelphia, via Frankford, Fox Chase, Huntington, 
Sorrel Horse, Davisville, Springville, Richborough, Newtown, 
Dolington, and Taylorsville, to Pennington, New Jersey. 

From Shippensville, by Fitzer's mill, LucindaC^urnace, and 
John Walter's settlement, to Tionesta. * 

From Polsley's mills, via Blacksville to Waynesboig. 



Digitized by CjOOQIC 



lye Chap. 188- 

From Forest Lake, by the C]iOGODiit^<»Mk road, to Union, Nei^ 
York. 

From Leroy, Tia Granville, and Leonard's hollow, to Spring- 
field. 

From Sweden, via Ulysses, to Harrison valley. 

From Wrightsville, via Yoboli, Giahamville, and M'ColPs ferry^ 
to Peach bottom. 

From Hart's cross-roads, by Line's mills, to Conneaotviiie. 

From Blakely to Thompson, Susquehanna county. ' 

From Butler, via Prospect, and Portersville, to Newcastkf. 
^ From Mauch Chunk to Nesquehoning. 

From Mauch Chunk to Stroudsburg. 

From Honesdale, b^ Cherry-ridge, Purdy settlement, Paupock 
settlement, and East Sterling, to Labor's post office, Monroe 
county. 

From Unity, by Petersburg, Ohio, and Mount Jackson, Peno^ 
sylvania, to Newcastle. 
. From Elkland, Tioga countv,\to Addison/ New York* 

From Pittsburg, by Ellioott^s stoie, Clinton, and Murdodis- 
ville, to Fair View. 

From Florence, in Washington county, Pennsylvania, via : 
Commettsburg and Fair View, to Welshville, Columbiana coun- 
ty, Ohio. 

From 4l>iogton centre io Providence, in Luzerne. 

From Margaretta Furnace to Bangor Forge in the Coonty of 

From Le Roy Post Office, by Calvin, W, ChurchilJ's in Gran- 
ville, Nathaniel Albin's in Troy, to the Post Office in Troy, to 
the Post Office in Springfield, Bedford county. 

From Stevenville, in Pike, to the Post Office kept by William 
Warfield in Orwell, Bradford county. 

DELAWARE. 

kmatii^^ From Smyrna, in Kent ^^ounty, to the village »of t4eip6ic. 

From Milford to Cambridge, in Maryland, passing through 
Williamsville, Marshyhope bridge, Collin's cross roads, Lome 
Hunting' creek and Newmarket. 

MARYLAND. 

In Maiyland— 

*«•"**«»• From duefenstown, via Centerville, Ruthsburg, Nine Bridges 

Greensborough, and Willow Grove, to Dover, Delaware. ' 
^ Frpm Mann's post office, via mouth of Sidelinghill creek and 

Tunnell, to Oldtown. 
From Eikton to Warwick. 

From Princess Ann, via Tord's store, to S. Mister's, Sometset 
county. 
From Princess Anne, via Kingitdn, to Rehoboth^ 

• VIRGINIA. 
ei£we£d!*~ From Chamblysburg to the Big Lick, Botetourt eoonty. 

Digitized by CjOOQIC 



^ , lg38 Chap. UB2. 2701 

From Finoastle to Gilcis conrt-boofle. 

From Mount Airy to Meadrille. 

From Froadforfl to Marion. 

From Charlotte court-bouse, via Watkin's store, Wylieriiorg) 
Jefiries's store, and Oakley, to Clarkville. 

From Lowmans,, via the forks of Hughs river, Preble's milb, 
and Creel's mills, to Parkersburg. 

From Belleville, via Muses' bottom, mouth of Sandy cretdk, 
and Ripley, to Point Pleasant. 

From Morgantown, via Dent's mills, and David Solder's to 
Rivesville. 

From Newbern, via High rock, to Cranberry Plains. 

From Floyd court-house to Cranberry Plains. 

'From Winchester to Parkersburg, along the northwestern 
turnpike road. ^ 

From German settlement, via Westernford, to Glady tteek 
cross-roads. 

From Rye valley to Sinclair's bottom, Smyth county. 

From Jonesville to Turkey cove, Lee county. 

From Alexandria, via Winter-hill, to Drainsville. 

From Lockhart's tavern, Frederick county, to Wardensvine, 
Hardy county. 

From Salem, North Carolina, via Madison, to Matrtinsvine. * 

From Salem, Virginia, via Newcastle, to Sweet Springs. 

From Gauley bridge, via Fayetteville, to Beckley. 

From Rye valley, Smyth county, to the ttiouth of Wibon 
cfe^k, Grayson county. 

From Lebanon, Russell county, via Nashford Hanaker's store, 
to Richland, Tazewelt county. 

From Patrick court-house to Mount Airy, North Carolina. 

From Liberty, Bedford county, via Buchanan, to Patton^sburg. 

From Parkersburg to Belpre, Ohio. 

From Somerfield, Pennsylvania, to Brandonville, Virginia. 

From Grayson court-house to Grayson SulphUt* spring^. 

From SpeedweH, via Cripple creek, to Ailstitoville, Wythe 
county. 

From Timberville to Brock's gap. 

From the northwestern turnpike, at or in the vicinity of Jameii 
tJurry's to Booth's ferry, on Tygart-valley riter. • 

From Middle-island bridge, on the northwestern turnpike, to 
Lowan, Lewis county. 

From Bulltown, down the valley of the Little Kenawba, to 
Elizabethtown. 

From Drummondtown, Accomack^ coutity. by Locustville and 
Smithsville, on the seaside road of isaid county, to Pungoteague. 

From Hillsborough to Harper's Ferry. 
/ From Lovesvtlle to Berlin, in the State of Maryland. 

'From Clarksburg, via Ten-mile, to Shinston, in the county of 
Harrison. 

10 

Digitized by Cj©OQIC 



In North Canli 
u-eitablithed. 



S^Oa 11^ Chap. 182. 

From Logan court-house to Red Sulphur Sprioes 

FromtheNaturalBridge port office; in Rockbridge coontv 
via Daggart's springs, to Clifton foige, , ® coomy. 

From Brandonville, in Viiginia, to' Bryant's nnat ««;-.» • 
Fayette county, in the Stete of PennsylvanU ^ ^^' '" 

From Beckley's mills to Reuben Stut's. 

From Covesviile to Fobes's mill. 

From Blue Sulphur Springs, via Gwinn's springs, thence 
down Lick creek to New river, up same to the month ^ r 
brier mer, to Palestine, thence to Lewisburg ^^^''" 

NORTH CAROLINA. 
From Ford creek, via Fishdam, Hancock's store or T «o«k« > 
cross-roads, to Chapel hill. ' °' leather's 

From Weldort to Halifax ; thence to or near Fnfi-I^ w 

•nesborough, and South Washington, to Wilm?n«to„ h' ^''^' 

Charleston, South Carolina. ''" '^ """ogton ; thence to 

From Pickens court-house. South Carolina thrmmi, m 
and Haywood counties, and down the TuTeL Zf bv ?T 
B. Love's and Scoop Euloe's Sevierville, T enh ' ^ ^*'"* 

From Falls post office to Catawba-creek post'office 
From StatesviUe to Mount Airy, Surry cEuntyT 
From Middletown, Hyde county, to some poiJt on the Chick 
amacomica banks, in said county. i'liick- 

From Hillsdale to Madison, on Dan river. 
From Hillsborough, by Samuel N Fat*.'« «»«,- j », 

Willing, to Rock ^.feek or Fogleman'sproffice ""'' **"""* 
From either Fair Bluff or Porter Swamn'n «ffi- . • . 

Leesville or Lumberton. ^ ' ''®'*'' '^ «"her 

From Shallotte, by Dred Boazman's to White Marsh n«!«o 
From Norwood's store, via Rockv-rivar Ztif ^ t * 

Efords, to Mount Comfort. *°'=*y-"''«'- "Pn^g" and Jacob 

^From Beatty, on Black river, via James Allen's to J. R. Cor- 

'From Carthage to Greensborough. 

From Newcastle, by Brier creek, Mulberrv san T 0...-1 • 
and John Williams's, in Ashe county, North C.r„?'P""5' 
mouth of Wilson creek, Virginia. Carolina, to the 

From Pleasant garden, by Turkey cove thrnn^h v. 
ty. North Carolina, to ElizAethtown, Te^neTe^ ^"^ '^""'■ 

From Washmgton to Portsmouth and Ocracoke 

From Fayetteville, up the Cape Fear river «« .k 
to McNiel's ferry, Bhtlik's storeTRale^h Joh^L's IZ tn' ^ 
Draughn's store, to Fayetteville. '"*^' "P** 

From Raleigh to Gray Sill's. 

From Hillsborough to Bozborough. 

From Gaston, via Henderson, to Raleigh. 

Digitized by VjOOQIC 



1838 Chap. 1«2. S7W 

From HeoderfOD to WiUiamsborough. 

From Pitlsborough to Cbapel hiH. 

From Seagle's Btore, via Peter Warlick'a store, to Moll grove. 

SOUTH CAROLINA. 

From Damascus to Mooresborough, North CaroliiMi. £^Si^SSS' 

From Athens, George, to Laoren's eourt-houae. 

From Stantonsville to Pendleton. 

From Sumterville, by Plowden'a milla, and Brewngtoo, to 
Jacksonville, South Carolina. ^ • 

From Younguesvilie, via Haalewood, PedensviUe^ and Tor- 
bert's, to Chester court-house. 

From Marion court-house, by Allen'a bridge, (on Littk Ptdee,) 
Harleesville, and Clio, to Bennettsville. 

From King's tree, by Murray's and Leand's feniies'oa the 
Santee river to Georgetown. 

From Lynch's creek post €>ffice to Conwayborougb. 

From Mount Willing to Lexington court-house. 
' From Pickens court-house, Mulleo's fort, AqoiHa, Georgia; 
thence by Clearmont, Bachellor's Retiseat, and Peodletoo^ to Pto» 
kens court-house. 

From Union court-house, via Hancockviile, to Limestone 
springs in Spartanburg district. 

From Charleston to Walterborough, by the way of the South 
Carolina railroad and George's station. 

From Pinckneyville, by Goadysville, to Hancockviile. 

Discontinue asJoUows : 

From Walter's ford to Mullen's ford. * i>i*sontittae<fc 

So much of route number two thousand two huadnd and 

fifty-iive as extends frcAn Leesville to Mount Willing. 

From Lexington Court House, to Doctor W. W. Guger's 

store, in Edgfield District. 

GEORGIA. 

From Camack, vi^ Double-wells, Cr&wford, Irville, Qroeiiy and 
Baldwin's store, to Greensl>orougb. 

From Danielsville, via Maryyijle, WiaA's mills, or Amandaville, 
and Pierman's, to Montevidiep«. 

From Gainsville to Clarksville. 

From Cherokee court-house, Alabama, via ChatoogB> Old- 
town, Hopkinsville, Beavers, and Pleasant Green, to Iibkiid* 
town. 

From Treadway's post office, via Beavera, to Almon«i in 
Broomtown valley. 

From Campbelltown, via HuntsviUe, Parlier^s crosa-roada, (on 
the High-tower river.) to Cassville. 

From Elberton to Carnesville. 

From Macon, Bibb county, Georgia,' via Pine-levet, Fort Val- 
ley, Bartlett, and Macon court-house, to Ameiioitw 

From Sparta, via Powellton, to DouUe^walb. 



Digitized by 



Qpogle 



2704 1838 Chap. 182, 

From McDoDOughy via Chi^ber's More and Hancock's, to 
Sa^dtown. 

From Lombardy, via Sweet-water iron works, Willis How- 
ard's, and James Stone's, to Louisville. , 

From Forsyth, via Van Buren and Herrington's store, to 
Fayetteville. 

From Decatur, De Kalb county, by Pace's ferry, on tlie Cat- 
tahoochie, to Marietta, Cobb county, Georgia. 

From Brunswick, via Benjamin Lile's and Wayne court-house, 
to Holraesville. 

From Macon, (xeorgia, by Lumpkin, in Stewart county, to 
Irwinton, Alabama. 

From Lafayette, in Walker, Georgia, to Rossville, in the same 
county. 

From Athens in Georgia, via Monroe, Walton county, Law- 
ranceville, Gwinnett county, Canton, Cherokee county, Cassville, 
in Cass county, Rome, in Floyd county to Sommerville, Morgan 
county^ Alabama, and Hume to Decatur, in said State. 

From Columbus Georgia, via Fort Mitchell, Florence,[Geoigia, 
and to intersect the steamboat mail line Baiiibridge, Georgia, for 
Appalachicola and St Joseph's in Florida. 

FLORIDA. 

to fiflri dar-w- From Tallahassee, via Alligator, to Jacksonville. 

From Monticello, Jefferson county, through Hamilton county, 
to the Gadsden Spring, Suwannee river. 

From Langsbury, Camden county, Georgia, via Burnt-fort fer- 
ry/ to Haddock's, Florida. 

From Tallahassee, via, lola, to St. Joseph. 

From Haddock's to Jefferson, Georgia.' 

From Monticello, via the Mineral springs, to Jacksonville. 

KENTUCKY. 

From Jeffersontown to 'Harrodsbuig, by Chaplin and Ta;^lors- 
ville. 

From Shelbyville to Harrisonville. 

From Fiketon, by the mouth of Pond Creek, to Logan court- 
house, Virginia. ^ 

From Springfield, Tennessee, by Keysburgh and Trenton, to 
Hopkinsville. 

From Graysville, to Nashville Tennessee. 

•From Columbia via Alexander Walker's and Joseph Nelson's, 
jr. to Edmonton. 

From Somerset to Jamestown. 

From Newcastle to Wallaceville, Henry county. 

From Greenville, by \he mouth of Muddy river, to Morgan- 
town. 

From Waidsboro to Paducah. 

From Stephensport to Boonsport. 



Digitized by CjOOQIC 



1838 Chap. 182. 2705 

From PrincetODi by Cold Springs and Montezoma, to Provi- 
dence. 

From Princeton, by Millville and Ferry corner, to Canton. 

From WilliamBtown to Warsaw. 

From Flag spring, by Metier and Locust grove, t>n the Ohio 
river, to Augusta. 

From Burkesville to Livingston, Tennessee. 

Fronf Poplar flat, Lewis county, to Mount Carm^l, Fleming 
county. 

From Little Sandy Saline, Greenup county, by Charfes N. 
Lewii's, to Blainsville, Lawrence county. 

From West Liberty, by Joseph Adkin's to Little Sandy Sa- 
line. 

From Greensburg to Edmonton. 

From Bowling Green, by the Locl^ and dam on Big Barren ^ 
first below Bowling Green, by the lock and dam on Green river, 
next below the mouth of Barren river, by Moif;antown, and by 
the lock and dam near the mouth of Muddy river, to Hartford. 

From Chaplin, by Hobb's mill and Paoli, to Mazville. 

From Witcher's cross-roads, by the houses of Isaac Pipkin and 
Reuben Roark and Grey Cook, to Tompkinsville. 

From Henderson to Carlow. 

From Monroe, Hart county, by Salt-works, on Little Barren 
river, to Edmonton. 

From Lawrenceburg, by the way of Van Buren, to Taylofs- 
ville. 

From Chaplain to Harrodsburg. 

From Motnioello, via Albany^ to Burksville. 

From Glasgow, Kentucky, to Hartsville Tennessee. ^ 

TENNESSEE. 

From Lynchbui^, by W. W. Gill's store, Elijah Flack's and 
Petersburg, to Cornersville. 

From Eaton, by Forked Deer turnpike and Ripley to Fulton. 

From Paris, by Caledonia, Fleming's, Christmasville and Sha- 
dy Grove, to South Gibson. 

From Pikeville, by James L. Loyd's, Thomas's cross-roads, 
Wheeler Hanson's, Kirkland's, Hillard's and Shelton's to Oatt's 
landing. * 

From Purdy, by Rosson^s bridge and Matamora, to Ripley. 

From Savannah, by Cedar hill and Hawkin's ferry, to Carrolls- 
ville. 

From Sevierville to Sweden furnace. 

From Gallatin, by Cross-plains, Keasburg and Allinsville, to 
Elkton. 

From Masts, by Shady, crossing Stone mountain at Bakers' 
gap, thence by Elijah Dougherty's, in Johnson county ; thence to 
Roane's creek, and up the same to Taylorsville, Ashe county, 
North Carolina, to Taylorsville, l*ennessee. 

From Lagrange to Tuscumbia, Alabama. 

From Sulphur springs, by Horsby's ferry, to Decatur. 

Digitized by CjOOQ IC 



are* i838 — -chap. i&l 

From MooQt Pieasaat, via Napier and Catron's iron-works, 
Lawrence county, via Buckner and Dixon's store, to Waynes^ 
borough. 

From Somerville, by Brown's store, Starky Hare's, Little* 
jckhn's, Qermantown and Titus bridge, to Hernando, Mississippi. 

From Carrollsville to Lexington. 

From Liberty, by Short mountain, to Manchester. 

From Cox's creek, Knox county, to Mount Bethel," Roane 
county. 

FrqpB Ferryville, by Cub-creek springs, to Lexington. 

From Ball-play, Monroe county, to Austin Glenn's on *Cane 
ereek, same county. 

From Red bridge, Hawkins county, to Allen's station, sanra 
county. 
^ From Kingeport, along ^he Stanly*vnlley road, -to Rogersville. 

From Maryville, by Montvale springs, Cheoee, Valley river, 
and Blairsville, to Dahlonega, Georgia. 

From Knoxville, by Louisville, Unida.. Morgontown, Eve's? 
mills, Rockville and Midway, to Athens. 

From Kellysville, via Lourass old ferry, Nickajaek, across 
Raccoon mountain, to Squirreltown, in Georgia., 

From Dallas to Spring place. 

From Kingston to Oliver's house, in Anderson county. 

From Ross Landing to Cleveland. 

from Gallatin, by Lagado Academy, Murfreesborough. 

From Perryville, by New Madrid to Waverly. 

From Kingston, Tennessee, via Ten mile stand, Decatur, Kin- 
cannon's ferry, Ross's lanking, and Turkeytown, to Jacksonville. 

From standing-rock post office, Stuart county, via, Lagrange 
and F^airchance furnace, to Waverley, Humphrey county. 

From Charlotte, via Point Mason, on Tennessee river, to Paris, 
Tennessee. 

From Elizabethton,' up Stony creek, through Shady, to Ab- 
ington, Virginia. 

Prom Dresden, via Hunter and Pound's store, Winton, and 
Ridley Jones's to Dyersburg. 

From McMinnville to Jasper. 

From De Kalb court-house, via Short mountain, to Manches- 
ter. 

From Millersburg, in Rutherford County, vfa White's store to' 
Shelbyville. 

From Nashville, down the south side of Cumberland river by 
William Shelton's to the mouth of Syracuse creek, thence to, 
crossing at Gibb's ferry, by Braxton Lee's, Wilson Crockett's 
and the Sulphur Springs, to Nashville. 

From Sevierville, Tennessee, via Smoky mountain, Shoal creek 
store, Scott's creek post office, to Pendleton, South Carolina. 

OHIO. 
^ to^hio-ertab- p^^^ Greenville, via Fort Recovery, Grantville, Montezuma, 
&t. Mary's and Guilford, to Van Wert. 

Digitized by CjOOQ IC 



1838 — cuAP, 188 jfror 

From Russelville, through Arnhiem, to Sardinia, in Brown 
county. 

From Georgetown, in Brown county, through Freesburg and 
New Boston, to Felicity, in Clermont county. 

From Wiiiiamsburg, through Bethel, via Sharpsburg, to FeK- 
city, in Clermont county. 

From West Union, in Adam's County, to Hillsborough, in 
Highland county. 

From Greenville, via Montezuma, ^elina, Mercer, and Van 
Wert to Defiance. 

From Van Wert, via Judge Cochran's to Kalida. 

From Wapaukonetta, via Hartford and Judge Cochran's, Put- 
nam counly, to Francooia. 

From Kenton, via Lima, Shawnee, Amanda, and Guilford, to 
Mercer* ^ 

From Froy to Covington. 

Prom Suin^, via Harden, to Houston. • 

From Defiance, via Brunnersburg, Washington centre, St. Jo^ 
seph, and Denmark, in Ohio, and Perseverance, Stubenttlle, 
Little prairie, and Pretty prairie, to Lima, Indiana. 

From Perrysburg, via Waterville, Benton Gilead, and Ottawa, 
to Lima, Ohio. 

From Maumee city via Swanville, Granville, Turkeyfoot prai- 
rie, aad Eatonsburg, to Lafayette, (on the Little St. Joseph**) 
Williams county. 

From Melmore via Atiicq, to New Haven. 

From Tiffin to Fort Findley. 

From Norwalk, via centre of Bronson, to Truxville. 

From Lower Sandusky to Montgomery cross-roads. Wood * 

county. 

Fropi Tiffin, via Rome, to Risden, Senaca county. 

From Nashport, via Perryton and Fallsbury, to Martinsburg, 
Knox county. 

From Zanesville, via Samuel Beaver's, George Smyth's, and 
John G. Pigman's, to Coshocton. 

From Senacaville, vip, Johnson's Mills, Bye's Mills, Cambridge, 
Mackey's, and Adamsville, to Dresden. 

From Eaton, via Castine, to Greenville, 

From Cadiz, via Leesburg and Sandyville, to Bethlehem. 

From Sinking Spring, Highland county, via Jasper and Pike- 
ton, to Jackson court-house. 

Prom Witten's post office, via Graysville, Van Buren, Carlisle^ 
aod Pereopolis, loCuhiberland. 

From Sunfish, down the Ohio river, via Witten's post office, 
to Woodfield. 

Prom Wheelersburg, via Charles Kelly's Mills, Pine Grove 
iEtna Furnace, Patriot, Ridgeway's Vinton, and Wilkewille, to 
Smithfield. 

From Pennsville, via Chesteffield, to Bartlett. 

Digitized by CjOOQIC 



2708 1838 ^Chap. 182. 

From Wilkesville; via Rutland, Chester, Buffiogton's island, 
and the Great Bend, in Meigs county, to Eipley, Virginia. 

From Wilmington, via Oakland, Howeysburg, Franklin, and 
Winchester, to Eaton. 

From Wilmington via Burlington, Xenia. 

From Painsville, in Geauga county, along thoinorth ridge road, 
to Asthtabula, by North Perry, Arcole, and Geneva. 

From Zanesfield to Downingsville, Logan county. 

From Franklin, Portage county, via Streetaborough, Aurora, 
Bainbridge, Russell, Chister, Kirkland, and Mentor, to Rich- 
mond city, Geauga county. 

From Akron, via Copley centre, Sharon centre, and Montville, 
to Medina. 

From Burnett's comers, viaChagrine Falls and Bainbridge, to 
Auburn. 

From Coshocton, via Roscoe, Warf^w, Mohican, and llocfae»» 
ter, to Danville. 
^ From Millersbuig, via Nashville, to Londonyillef, Richjand 

, county. 

From ChestervlJIe, via Woodbury and McCIure's cross-roads, 
to Shelby, Richland county. 

From Leavitt to W ynesburg. 

From Croxton to M 'Caig's. 

From West Jefferson, via West Canaan, Darby creek, Alvin 
Bf ndall's, in Union county, and Bellepont, to Delaware. 

t*rom Lower Salem, Washington county, via Moses T. %{pen- 
c^r's, on Duck creek, and Bethel, to Woodfield. 

From Copley by Western Star to Clinton. 

From Windham, by Garretsville to Hiram. 
« From M 'Conhellsville to Francis Treeblecock^s, thence to 

f eter Keith's, thence Co Olive post-oflSce. 

From Reynoldsburg, via Pickerington and West CarroUton, 10 
Lancaster.* 

From Bellefontaine, in Logan county, to Wapaukonetta, in 
Allen county, by the way of Lewistown, in Logan county, and 
St. John's, in Alfen coonty. 

From Bellefontaine, in Logan coonty, « to St. Mary's in Mer-» 
cer county, by the way of the crossings at Plum's on the Great 
Miami and St. Johns, and Wapaukonnetta, in Allen county. 

From Springfield, in Clark county, to New Carlisle, in the same 
countt, by the way of Clarksburg and Northampton. 

From Springfield, in Clark county, to Chillicothe, by. the way 
of South Charleston, Grassy Point, Bloomingsburg, and Frank-^ 
fort. 

From Hartfort, in Trumbt»ll codnty, to Grenville, in Mercer 
county, Pennsylvania, through the village of Orangeville. 

Fr^m Unionville to Ellensburg, in Geauga county. 

From Southington, through the centre of Farmington, to Mes- 
opotamia, in Trumbull county. 



Digitized by J^OOQIC 

% 



183S Chap. 182. .fSH» 

4 

FrMO'Deecfiald, in Portoge county^ Qbio, to £diQbui]g;> la the 
'Same coanty. ^ 

From Leavitt, by Dallas,, to Waynesburg. 

From Ravenna, in Portage county, Ohio, to Twioaburgy in the 
same county, through Streetsborougb. 

From Lafayette, on the Little St. Joseph's, Williams cofinty, 
Ohio, to Fort Wayne, Indiana. 

From New Lisbon, thfough Salem, to Benton. 

From Osnaburg, in Stark county^ to New Cumborlaod, in^Tos- 
caroras county. 

From Xenia, in- Gre^ county^ to Dayton, in MoDjIgispiery 
i^XMinty, on the direct route. 

INDIANA. 

Frdin Monticello, via '^W'hite Post, to WiqaiMc, in : Pulaski ^ 
^county, Indiana. 

• From Fori. Wayne, via Whitley court-house aDd'WaMaw,'^to 
Plymouth. 

* From Goshen to Middlebury, in Elkhart county. 
From Rockville, by Annapolis, West Union Wesport, and 

Jlohnson's mills, to Covington. 

From Huntersville, by Concord and Point Pleasant, to Attica. 
Fvom Greensburg, by Hartsville and Newbern, to Columbus. 
From Columbus, by Mount Sidney, to Flatrock post office. 
From Danville, by North Salem, CarcoUton,. and JUi4oga, to 
CmwfordsVille. 

From Shelby ville, by Black-hawk, to Edinburg. 
From Livonia to Hardingsburg, (on the great, w/sate^n , mail 
tfoute from Louisville to St. Louis. 

From Lexington by Albion, to Slateford. 
- * From Leesville, by Baile's mills and J^hyille^ to Morgan- 
^town. • 

From Spencer, by New Bru^wick and Leji^^wny ta^Mefom. 
. From Bedford, by ekler John Short's (palndiao '<;reek). JB^pom- 
field, and Scaffold prairie, to Bowling green. 

From Bedford, by Spice Valley, to Mount Pleaiant. 
From Wes}field, by Farmington, to Strawtown. 
From Fairfax^ by Marysville, and Springville, , to Fiber's 
store. 

From Bedford, by Frasier's store and iiafnmer^ly's..miU's, to 
Mount Pleasant. 

i From Vincennes, by James Stewart's apd B^mfef'/^^re, (at 
the rapids of the Wabash,) to Mount Carmel. 
' iFrom Springville, by Point Commerce and Rawfey's mills, to 
: Terre Haute. 

From Vincennes, by Petersburg, to Boonville. 
From Edwardsport,.by Stafford's bridge, to f^irplay. 
. Enom Defiance, Obi*% along the Beltoy((>Q^aM $t9tQ,M^i to 
MoDgoquining. 

Digitized by CjOOQIC 



2710 1838 Chap. 182. 

From Muncietown, by Granville, Mount Pellicer, and Murray^ 
to Huntington. % , 

From Marion, by Wabashtown, and Laketon, to Warsaw. 

From Fort Wayne, by Cedarville, Auburn, and Angold, to 
Branch court-house, Michigan. 

From Fort Wayne, by Orange and Vienna, to Denmark. 

From Centreville, by Philometh, to Brownville. 

From Centreville, by Greensfork, Bloomingsport, Winchester, 
Spartanburg, Republican and Whitewater, to Richmond. 

From Logansport to Sparta, in Noble county, Indiana. 

From Logansport, via Winamot, iniPulaski county, and Sher- 
wood's ferry, on the Kankakee and Valparaiso, to City West, in 
Porter county, Indiana. 

From Green Castle, Indiana, via New Maysville, North Salem 
and Jamestown, to Lebanon, Boone county, Indiana. 

From Merom, in Sullivan county, via Lehi, to Rawlitig's mill, 
in the county of Clay, Indiana. 

From Fredonia, by Princeton, Indiana, to Jidount Carmel, 
'Illinois. 

From Logansport, Indiana, by Leesburg, Millford, Goshen, and 
Middlebury to White Pigeon. 

ILLINOIS. 

uS^^L^'"^ From Coles court-house, by Independence and New Albany^ 
to Urbana. 

From Hillsboro to Shelbyville. 

From Montgomery, by Middleport, to Levi Thompson's od 
Spring creek. 

From Maysville, by Louisville and Ewington, to Shelbyville. 

From Marshal to Charleston. 

From Paris, by Urbana, to Montgomery. 

From Montgomery, by Parish's grove, to Williamsport, In- 
diana. 

From Danville to Williamsport, Indiana. 

From Equality, by Carmi and Williams's ferry, to Mount Ver- 
non, Indiana. 

From Williams's ferry to New Haven. 

From Savannah, by Cherry Grove and Cranc^'s grove, to the 
mbuth of the Pekatonica, 

From Milon to St. Charles, Missouri. 

From Black Partridge, by Lacon, to Hennepin. 

From Iroquois, by Plato and Pontiac, to Hennepin. 

From Pontiac, by Josephine and Holland's grove to Tr6- 
mont. 

From Hennepin, by Princeton, the seat of justice of Henry 
county, and the seat of Justice of Mercer county, to New Bbs- 
ton. 

From Bloominglon. by Hudson, Josephine, Black Partridge, 
Lacon, Wyoming, and the seat of justice of Henry comity, to 
Stephenson. 



Digitized by CjOOQIC 



1838 Chap. 182. 2711 

From Warsaw, Hancock couoty, to Augusta. 

From Dixon's ferry, by Harrisburg, Rpund grove, Whiteside 
county, and Union grove, to Fulton city, on the Mississippi 
rivef. 

From Henderson, by Berlin, and Richland grove Mercer coun- 
ty to Stephenson. 

From Grafton to St Charles, Missouri. • 

From Grafton, by the house of J. M. Hurd, Jerseyville and 
Delaware, to Carlinville. 

From Urbana, by Clinton, and Waynesville, to Havana, (on 
the Illinois river.) 

From Decatur, by Salt creek (near the mouth of the lake fork 
of said creek,) to Tremont. 

From Danville by Pontiac, to Ottawa.* 

From Fort Madison, Wisconsin Territory, Appanooe, La 
Houpe, Ellisville, Farmington, and Harkness, to Peoria. 

From Chicago, by Brush hill, Napierville, Little Rock, Pawpaw 
grove, and Inlet, to Dixon's ferry. 

From Ewington, by Salem and Martin's ferry, to Greenville. 

From Jonesborough, by the way of Whitaker's landing, mouth 
of the Muddy, and Breesville, to Liberty. 

From Geneva, in Kane county, by Charleston, Elgin, McCIure's 
Grove, McHenfy, Foxville, and Rochester, to Prairie village, in 
Wisconsin Territory. 

From Stephenson in Rock Island . county, up Rock river to 
Rockford in Winnebago county. 

From Knoxville, by Lafayette, Oceola, Providence, and Wind- 
sor to Enterprise, near the termination of the Illinois and Mi« 
chigan canal, on the Illinois river. * 

' From Canton in Fulton county, by Cuba and Travis, to Ma- 
comb, in McDonough county. 

From Peoria, by Oceola, Thermopylae, to Savannah, in Jo Da- 
vies county. 

From Madison, the permanent seat of justice of the Wiscon- 
sin Territory, by St. George's rapids on Rock river, in said Ter- 
ritory, and from thence down on the eastern side of said river, 
to Dixonville, in Ogle county. 

From Juliet, in Will county, by Du Page, Napierville, Geneva, 
Sycamore, Gatt's Mills, Sager's Millr, Winnebago, Trask's Fer- 
ry on the Peekatonokee, Rock Grove, and Hamilton's Digg- 
ings, to Mineral Point, in Wisconsin Territory. 

From Lasalle, in Lasalle county, by Grand Detour, on Rock 
river, Frceport, and Brewster's ferry, on the Peekatonokee, to 
Mineral Point, in the Wisconsin Territory. 

From Aurora, in Kane county, by Cottonville and Kingston, 
to Rockford in Winnebago county. 

. From Macomb, in McDonough county, by Muddy Lane post 
office. La Harpe, Hartford and Appanooce, to Fort Madison in 
Iowa Territory. 



Digitized by CjOOQIC 



SfW 1838 Chap. 182. 

From Ottawa, in Lasalle <5ounty, b]r Dston^ Lerein RockriUe. 
Bristol ai)d Hartford, to Geneva, in Kane county. 

FVooi St Mary's, in Hancock county, by Hill's Grove, to Ma«- 
comb, in McDonough county. 

Fr6n^ Lafayette, in the State of Indiana, thence down along 
the Vermilion of the Illinois river to Lasalle, in Lasalle coun-^ 
ty, Illinois. 

From Lafayette post dffice, in Greene county, by Oceola and 
Waverly, to Springfield in Sangamon county. 

From Jonesborough, in Union county, by Willard't and 
Smith's ferries on the Mississippi river, to Jackson, in the Sitate' 
of Missouri. 

From Liberty, in Jackson county, down along the bottom or 
the Mississippi river, by Breesville, and WiUard'a ferry, to Clear 
Creek Landing, i;i Alexander county. 

From Iroquois, in Iroquois county, by Lorain, on the Kanki^- 
Me river, Thornton and Portland, fo Chicago. 

From Griggsville, in Pike county, by Worcester, to Kinder-^ 
hook, in the same county. 

From McClore's Grove, in Kane county, by Denney'i ferry on 
Fox river. Crystal Lake, Walcups, in the Virginia setfleownt^ 
passing the bead of Geneva Lake, and Conlogi's settlement to^ 
Jatoesvil'ley on Kock river, in the Wisconsin Territory^ 

From Springfield, in Sangamon county, by Athens and New 
* Market to Havana, on the Illinois river. 

From Dixonville in Ogle county to Savannah, on the Missis^- 
sippi river, in Jo Davies county. 

From Pittsfield, in Pike county, by Worcester and Payson, to* 
J^uinty, in Adams county. 

From Mendozia in Morgan county, by Versailles post officer- 
Mount Steriing, Clayton, Houston, and Chili post office to War-- 
sawj in Hancock county. ^ 

From Peoria by Wyoming, Oceola, the Narrows of Green 
river, Thermopylae, on Rock river, to Savannah, in Jo Daviea* 
oounty. 

From Letvistown, in Fulton county, by Cuba, Ellisville, and 
Troy to St. Augustine. 

From Manchester, in Morgan county, by Linnville, Bethel^' 
and Arenz's Mills, to Beardstown in Cass county. 

Frotn Quincy, in Adams coun^i to Macomb, in McDonougb 
county. 

From Lewiston in Fulton county, by the Table Grove, RalFs 
Mill^ Huntsville, Indian Point Camp and Gilmer's farm to* 
Quincy* 

From Chicago by Geneva, the seat of Justice of De Kaib 
county, and Or^on city, to Hitt's farm, on Ihe road from Dix- 
on's ferry to Galena. 

LOUISIANA. 

Froin Vtckfllbih'g, Mississippi, by Walnut and Roundaisay iiey- 
ous, across Tdecas and bayou Macon, to Monroe. 



Digitized by CjOOQIC 



1838 Chap. 182. 2313, 

^ ^PrnmtHarrisQiibur^, by Fwne Louis and Di^demonia, toNfitch- 
itoehes. 

From Vicksburg, Mississippi, by New Carthage^ Hardy Hills^ 
J^uf prairie, and Columbia, to Dugdemonia. 

From Shreveport, by ^pps's settlement and Capdo prairie, tq 
Long prairie, Arkansas, 

Froiii: Alexandria, by Hineston, to Jenkin's^aad Droddy'si fer- 
ry, on the Sabine. 

From TbibadeaQXville to Knoblock's in the. parish of La 
Fourche interior. 

From Madisonville, in the parish of St. Tammany, to Wai'- 
•ners, in the parish of Washington. 

Fflom. Natchitoches to Grand Cane. 

ALABAMA. 

From Columbus, Georgia, via Mount Ararat, Salem and Cple- 
'man's, to Tallapoosa court-house. 

Fron Spring Hill, in Marengo county, via Boston, Dayton ^nd 
Wbitehall, to McKinley. 

From Cussetta, Chambers county, via Mount Jefferson and Au- 
4>urn, to Tuskegee, 

From Benton to Selma. 

From Suggsville^ via Gainestown, to Mount Pleasant 

From Montreal, via Wedowee, to Carrollton. 

From Talladega, via Abney's old ferry, on the Coosa river, to 
JVshville. 

From Jacksonville, via Alexandria, to Ashville. 

From Jacksonville, via While Plains, Lackey's store, on Cane 
M^reek, N. Pond's, in Tallapoosa, to Carrollton, Georgia. 

^rom Salem, via Larkin's fork, Trenton, Larkinsville, Santa, 
'Langston, Wyatt, Coffee's, to Van Buren, and from Bellefonte to 
-Scraper. 

From Nanaialia, in Marengo county, via Hosea's store, Rawl's 
•store, Dumas settlement, Upper and Lower Peach tree and Pack- 
•er's settlement, to Monroeville, Monroe county. 

From Rome, Georgia, Gaylesville, Alabama, Lynchburg, War- 
'renton. White Sulphur sprii^ and Sommerville, to Decatur. 

From Pineville, via Tuscanooma and Mount Sterling to Quit- 
nam, Mississippi. 

From Florence to Buzzard roost. 

From Marion, Mississippi, via Alamucha, to Gaston. 

From Blountsville to Ashville. 

From Demopolis, by Langdon's store, Daniel's prairie and 
'Clinton, to Pickensville. 

From Fayette court-house, by Millport, to Columbus, Missis- 
sippi. 

From Walker court-house, by Chilton's mHls, R. J. Murphee'« 
and R. Cameron's, to Blount's springs. 

From Russelville, by Heshbon, to Itawamba court-house. 

From Winchester, by Crow creek, Coon creek and Bolivar, to 
Xoviog's in Wills valley. 



Digitized by CjOOQIC 



2714 1838— Chap. 182. 

From Hickory leveli by Adrian's * ferry, on the Coosa river, 
Abacooche Gold mines, and Canal Gold mines, to Franklin, 
Georgia. 

From Fayette, Georgia, by H&pkinsville, through the Chatoc^ 
valley, by Chatooga old court-house and JefFersonville, to Jack- 
sonville. 

From Soroerville, by head of Cotoco creek and Brooksville, to 
Bennett8?ille. 

From Clayton, by Fagan's store and Crockettsville, to Salem, 
Eossell county. 

From Rockford, by Socapatoy, to the Georgia store, in Talla- 
poosa county. 

From Columbus, Georgia, by Fort Mitchel, the Natural bridge, 
Sand fort, Uchee post office and Fort Brainbridge, to Feagan's 
store. 

From Irwinton to Stockton. 

From Wetumpka. by Nixbui^, Socapatoy, and Hatchet creek 
to Talladega. 

From Columbus, Georgia, by Gleenville, to Irvington, in Ala- 
bama. 

From Springfield, by Benevola, Bonners' Mills.. Carrollton and 
Yorkville to Columbus in Mississippi. 

From Bellefonte by Langston and De Kalb court-house to Pa- 
ris, in De Kalb county. 

Discontinue as follows : 

Dbeontiomd. from Bcllefonte, by Larkinsville, Trenton, Loweville, Hazle 
green and Madison cross-road^, to Athens. 
From Winchester, Tennessee, to Bellefonte. ' 
From Bellefonte to Rawlingsville. 

MISSISSIPPI. 

Jj^Mtojijrippi-. From Holly springs, Marshall county, via Ripley, Tapjiah 
county, and Jacinto, Tishmingo county, to Tuscumbia, Alabama. 

From Holly springs to Hernando, De Soto county. 

From Pontitoc, via Oxford, to Panola. 

From CofTeeville, via Oakland, to Charieston, Tallahatchie 
county. 

From Brandon, via Raleigh and Garlandsville, to Quitman. 

From Carrollton, to Douglass, on the Yazoo river. 

From Granada, byJPreston, Oakland and Ragburn's to Panola. 

From Wyatte, in the county of Lafayette,* by Chulahoma, 
Hancock's, Labeau's, and Hernando, to Memphis, Tennessee. 

From Ripley, in Tippah county, via Cornersville, to Oxford, 
Lafayette county. 

Prqm Jackson, Mississippi, to Memphis, Tennessee, via Can- 
ton, Bole's ferry, on the Big Black river, Franklin, Lexington, 
Carrohon, Grenada, Belmont and Jefferson. 

From Cafrolton, via Grenada to Coffeeville, Oxford, Wyatt, 
Chulahoma and Holly springs,, to Lagrange, in Tennessee. 



Digitized by CjOOQIC 



1838 Chap. 182. . 2ni 

From Jackson^ vfa Madisonville, Doak's old stand, Kuidoiko, 
Greeosboro; Houston, Pontotoc, and Ripley to bolivar in Tenn- 



From Fulton, in Itawamba county via Pontotoc, Ponola, or 
Belmont, to Tunica court-bouse. 
From Ellisville, via t^aulding, to Quitman. 
From Quitman to Washington court-house, Alabama. 
From Columbus, by Winstonville, Somerville, Pbilai^elphiis, 
ind Dixon, to Hillsboro. 

From Madisonville, by Densonville, Ludlow and Hillsboro, 
to Garths^. 

From Houston, by Grenada and Middleton to Louisville. 

From Pontotoc, by Red Land rWilliams,) to Houston. 

From Chulahoma, by Oak Hill, and Castlehill, to Memphis, 
'Tennessee. 

Ftom Ponola court-house, by Peyton, to Helena, Arkansas. 

From Helena, Arkansas, by Powhattan, Coohoma county, to ' 
White river, Arkansas. 

From Stackville, by Lafayette and Bell Fontaine, to (jreens- 
boro. 

From Hardin court-house, Tennessee, by Nashobee, Jacinto 
and Carrollsvil^, to Pontotoc. 

From Aberdeen, by Fokon, to Jacinto. 

From Fulton to Russelville, Alabama. . 

trom Tuscaloosa, Alabama, by Jamestown, Brooklyn, Mount 
Pleasant, Mo-za-bu-sha to Hillsborough. 

From Greensboro, by Graysport to Grenada. 

From Panola court-house by Sardinq^ Oakland^ Preston afad 
T^roy to Grenada. 

From Kennedy's store, in Clopiah county, Mississippi, by Ha- 
ley's ferry, Concord, Steen's creek, Brandon and Densonville to 
Cartinge, in Leoki county. 

From Mobile the nearest and most direct route to Winchester 
ia Mississippi. 

From Columbus by Waverly or Mullin's bluff in Lowndei 
county, to Colbert. - • 

From Hernando, by way tf Castleville, Oak Hijl and Chula^ 
homa, to the town of Wyatt. 

From Manchester by Benton, Montgomery, Pranklin, Lock- 
hart's store. Wheeling and ^hongola, to Greensboro in ]tf issis- 
sippi. 

From Pontotoc via Houston to Greensboro in the State of 
Mississippi. 

From Montgomery, via Selma, Marion, Greensboro, Erie^ 
Jones's Bluff, and Livingston, Alabama, Marion, Decatur, Hills^ 
boro, and Brandon, to Jackson, in Mississippi. . 

From» Panola court-hoiise to Grenada, via Gen John Ray-> 
bourn's, Caledonia, Yokanapatalpho, Oakland and Preston. * 

MISSOURL 

From Bailey's landing, on the Mississippi, in Lincoln county, ^u2H^ 

Digitized byCjOOQlC 



1716 1838 Chap. 182. 

by Troy, Thomas Glover's Dutton^s and Anderson's to Danville* 

From Coluntbia to Mexico. 

From Carroliton to Far West. 

From St. Francisville to Farmington, Iowa Territory. 

From Richmond to Camden, thence to Liberty, Clay coanty, 
via Smith's Mills, Camden point, and Blacksnake hills, to the 
mouth of Nodaway river. 

From Martin's Clay county, at the falls of the Platte,' to the 
Blacksnake hills. 

From Piattsburg to the Blacksnake hills. 

From Lexington, by Greenton, Cool spring, and Lone Jack, 
to Harrisonville. 

From Georgetown, by Rives court-house, Oceola, Henry Cle- 
ment's and Sarcoxie, Barry county, to Mount Pleasant, Bairy 
court-bouse. 

From Warrenburg, Johnson county, by Rives court-house, to 
Bolivar. 

From Meramee ironworks to Jefferson city. 

From Columbia, by Mount Vernon, Pisgah, Palestine, Mouat 
Carmel, and Arraton, to Georgetown. 

From Jonesborough, by Salt-pond grove, and Johnson's Grove, 
• to Lexington. • 

From Jonesborough to Georgetown. 

From Mount Pleasant, by Cowskin, Beatty's prairie, and Vine- 
yard, Arkansas, to Fort Smith. 

From Rocheport, by Connor's mills, Cooper county, and Pis- 
gah, to Round-hill post office. 

Frdm Bfoomfield, Stoddard county, by the lower end of West 
prairie, to the house of Martin Wood. 

From Van Buren, by Charles Huddleston's to Izard douit- 
house, Arkansas. 

From Jefferson city, by California, to the Round-hill post 
office. 

From Carroliton, by Utica and Naves's store, to Thompson's 
settlement, in the territory attached to Livingston county. 

From Richmond to Wica. 

From Glasgow, Howard county, to Four-mile prairie. 

From Woodville, Macon county, to Newark, Lewis county. 

From Huntsville, by Johnson Wrights to Macon court-house. 

From Sand Hill, Lewis county, to St. Francisville, 

From Mexico, Audrain county, by Bowling Green, to'CIarks- 
ville. 
. From Keytersville to Macon court-house. 

From Keytersville to Linn court-house. 

From Jefferson city, by Miller court-house, to Versailles. 

From Jonesborough to Johnson court-house. 

From Arrow Rock, to old Jefferson, Saline county.' 

From the city of St. Louis, to Portage Desseaux,^ by the way 
of the mouth of the Missouri river and Bellefontaine. 
^ From Clarksville, in Missouri, to Phillip's ferry, on the fllinois 
river, in the State of Illinois. 



Digitized by CjOOQIC 



1838 Cbat. 182. 2717 

Prom Palmyra to Shelbyville. 

From Springfield, Missiouri, to Fayetteville, Arkansas. 
From St.JLoais, by Springfield, to Cane-biU> in Arkansas. 
From Palmyra to Shelbyville. 

ARKANSAS. 

From D wight, Pope county, to Crooked creek, Carroll county. 

From Dardanelles, Pope county, to Fort Smith,^n the south 
side of Arkansas river. 

From Little Rock, by Clinton and Marion court-house^ to 
Springfield, Missouri. 

From th6 mouth of Cache, by Pine Bluffs, to Ecore a Fabre. 

From Little Rock, b> Erwin]s settlement^ White county court- 
bouse, Litchfield, and Powhatlnn, to Jackson. 

From Ozark, Franklin county, by HuntsviHe, Madison county, 
to Osage, Benton county. 

.From the Mouth of Cache, by Searcy, White county, to Clin- 
ton. 

From Helena, by Tunica court-house, Mississippi, Panola 
court-house, and Oxford, Lafayette county, to Pontitoc. 

From Athens, Izard county, to Springfield, Missouri. 

From' Pocablntas, through the northern part of Green county, 
to ^toddart court-house, MlBsouri. 

From Jackson, by Long's^ op Strawberry river, to Athens, 
Izard county. • ' 

From Fayetteyille, by Ozark, to Scott court-hous^. 

From Fort Smith to Scott court-house. 

¥tom Clc^ksville to C^h'ollton, in Car^ll county. « 

From Lake Port 6. Eayou Moses Hill, to Bayou Bartholooiew. 

From Ecore a Fabre to the Union Court-house. 

From Scott court-house, Hot Springs and Coddo Cave to Par- 
acltfta. 

From Conway Long Prairie to Natchitoches in Louisiana. 

MICHIGAN. 

From Battle creek to Hastings. 
From Whitmansville, by C|kirleston, to Lafayettb. 
From Belvidere to Mount Clemens. 
From Detroit through Greenfield, to Southfield. 
From* Marshall, by Verona, to Hastings. 
From Paxton by Howell, to Owasco. 
Prom Granville to Port Sheldon, in Ottowa chanty. 
From Jackson, by Ingham, and Howell, to Pliny 
From Pontitoc, by Howell to Jackson. 
From Flint, Genesee county, by Bearsleyville to Lapier. 
From Cassopolis, by Whitmansville, to Keelersville. 
From Monroe, by Stony creek; Exeter, Huron, and Rosou's 
mill, to Ypsilanti. 
From Flat-rock, in Brownstown township^ to Gibrato, 

12 

Digitized by CjOOQIC 



In Witoostin 



8718 1838 Chap. 18a 

From Lapier, by Langdon and Mount Pleasant, to Grand 
Blanc. 

^rom Ingham to Jefferson. 

From Saranac to {onia. 

From Springville, by Brooklyn, Jefferson, Spring Arbor, Con- 
cord, Albion, and Berne, to Marshall. • • ' 

From Concord, Jackson county, to John Wilbur's, in the town 
of Pulaski. , 

From Battle creek, Calhoun county, to Cold water, via Good- 
wins?ille. 

From Battle creek to Galesburg, via Augusta. 

From Bellevue, by Vermonticello to Ionia. 

From Jackson to Gamblesville. 

From Gralaston, by Otsego, to Allagan. 

From Jonesville, in Michigan to Evansport, in Ohio. 

From Ingham to the mouth of North Uack River. 

From the county seat of Van Baren county to the mouth of 
• South Black river. - . 

From Monroe to Adrian. 

From Adrian to Springville. 

From Marshall to Ingham. 

WISCONSIN. ' • 

From Janesvilie, by New Albany, mouth of Picatonica, •and 
Rockford, to Dixon's ferry, Illinois. 

From Rockford, by Brewster's ferry, to Wiota. 

From Chicago, by McHenry, Fontana, (at .the head of Lake 
Geneva,) Turtle creek, Janesvilie, Hume, arid Madison, to Wis-^ 
consin city, on the Wi^nsin river. * 

From Southpor^ by Pleasant prairie and Gfeneva, to* the coun-* 
ty sent of Walworth county. 

From Milwaukie by New Berlin^ Springfielcf, to Troy, ta 
Janesvilie. « • 

From Green Bay, by Depere, Lfii Fontaine, Caluil^t village. 
Fond du Lac, and Fox lake, to Madison, and from Fox lake ta 
Fort Wmnebago. 

FromTond du Laci by the yuth of Fox river, to Little 
Butte des Morts. j 

From Fond du Lac to Sheboyegan. 

From Green Bay, by Neesboto, to Twin rUer. 

From Milwaukie, by Lisbon Belletere, and Watertown, ta 
Kentucky cit/l • 

From Janesvilie^ by Jefibrson, to Watertown. 

From Whit^k springs, by NeW Diggings, and Milseat bendl 
to 

From Duck creek to Green Bay. 

From Helena, via English prairie, to Prairie du Chien 

From Galena, Illinois, by Sinsinawa mound to Du Buque. 

Discontinue a$folhw9 : 
From Milwaukie to the outlet of Lake Koshkeaong. 



Digitized by CjOOQIC 



1838 ^Chap. 182—184. 2719 

From the outlet of Lake Koshkeoong to the city of the Four 
Lakes, 

From Little Butte des Morta to Fort Winnebago. 
From Fond dii Lac to tbe city of the Four Lakes. 
From Fonddu Lac to Fort Winnebago. 

IOWA. 

From Dubuque to tbe county seat of Delaware county. umsJ^T*"**" 

From Dubuque, by the county seat of Jones county, and Rooh-. 
ester, on the Red Ced«, to West Liberty. 

From Dubuque, by Kichfield, Point Pleasant, and Davenport 
to Stephenson, Illinois* 

From Davenport, by Centreville and Moscow, to Rochester on 
the Red Cedar River. 

From Fort Madison^ by West Point and Tuscarora, to Ben- 

tonport. « « 

From New Boston, Illinois, by Blackhawk and Wappello, to 
Mount Pleasant. 

From Fort Madison, Iowa, to Carth&ge, Illinois. 

From Bloomington, by'Cedarville, and West Liberty, to Na- 
poleon. ^ 

From WapplUo, by Catesse and Sissinamo, to Napoleon. 

From Wapsepinicon to Bellevue ; the present route do be ' 
changed so as to' run by Camanche, New Yprk, Lyons, and 
Cliarleston. v 

From Burlington, via Ellison's creek, Illinois, St. Augustine 
imd Middle grove, to Peoria. 

^. 2. And be U further enacted. That each and every rail-^^ ^"^ 
road within the limiu of the United States which qow is, org g^^ ^ 
hereafter may be made and completed shall be a poet route, ^^dejwgjjjj^ 
the Postmaster General shall cause the mail to be transported tbntoMSr*^ 
thereon provided he can have it done upon reasonable terms, and 
not paying therefor in any instance more than twenty-five per 
centum over and above what similar transportation would cost in 
ppst coaches. . * n*^ i^^ 

§ 3. And he it further enacted^ That the above post routes ^d^^! 
shall go in operation, on the first of July, eighteen hundred and J^,^»^~ 
thbty nine, or sooner should the funds of the Department justify ipow. ' 
the same ; Proved, That as soon as a responsible contractor '«•»*»*>• 
shall offer to transport the mails over any portion of the above 
routes for {he revenue derived from the new offices to be estab- 
lished thereon uptil the first of July eighteen hundred and thir- 
ty nine, the Postmaster General shall forthwith; put them into 
operation. Approved, July 1th, 1838. 

CHAP. 184. An act to remit the duties upon certain goods destroyed by 
by fire at the late conflagation in the city of New-York. 

^l.Beit enacted, Sfc, That the collector of the customs for the The ceiieecan. 
port of New-York, the naval officer of the said port, and tbe dis-SuLriSAT- 

Digitized by CjOOQIC 



2720 1838 Chap. 184 

YcffttfJ^^^^ attorney for the soutbem district of the State of New- York, 
•lo! to uMTtafn ^' ^"^ ^^^y ^^^ hereby, constituted a commission to ascertain the 
the uDotiiit ofamount of duties paid, or secured to be paid, upon all goods, wares, 
E^ grHt'tSIf and merchandize, destroyed in unbroken and original packages as 
TJit/*'^Jd'uie>nip<>>*^ed> by the great conflagration which took place in the city 
vmSUn entitM ^' Ncw-York ou the sixteenth and seventeenth ddys of Decern- 
iiT'^^bt ^ ^^' ^" ^^^ ^^' ^^^ thousand eight hundred and thirty*five, and 
*" ^ the name or names and places of residence of the several persons 
entitled, as owners of the said goods, or otherwise, to receive or 
have remitted to them the amount of the duties so paid or se- 
cured to be paid, upon the several parcel^^nd packages of. goods 
so destroyed, pursuant to the provisions of this act. 
TiBtandDiiM ^ 2. And be it further enacted, That tbe said commissioners 
omSSoL!^ shall meet at such time and place in the city of New-York, as 
shall be appointed by the Secretary of the Treasury, by a notice 
NotiMorto befor {hill purpose, to be published in at least five of the public 
newspapers printed in the said city, for the period of at least 
ten dayisr before the time appointed for the said meeting ; and, 
Dotv or tho when so convened, sliall . proceed to take testimony in relation 
OcmdMioDon. ^ ^\^q' g^^jg go destroyed, and the amount of duties paid, or 
secured to be paid, to- the United States thereupon, and to'the 
persons entitled to receive or have remitted to tl^ the amount 
of such duties ; and shall continue the examination and investi- 
gation as constantly as their other official duties. will permit, until 
all the claims presented to them for the remission or refunding 
of duties provided for by this act, which may be presented ta 
oiafaM mMte them, shall be examined to their satisfaction ; but no claim shall 
Satmoatiw. be received which shall not be presented within four monthr 
from and after the time appointed by the Secretary for the first 
^.^H fH^Sfa^ meeting of the commissioners;, and each of the said commis^ 
mbamm oMhs. gioners shall be, and is hereby^ authorized to adminstej the ne- 
cessary oaths to all persons who are to give testimony in the pre- 
te eimSttS to n^t^es ; and all the testimony presented to or taken before the. 
^f^f^^' said commission, shall be committed to writing, and signed by 

the respective witnesses giving the same ; and any wilful false 
JJ^I^'w^J^Bwearing before the said commission, or any aflSidavit or deposi-* 
tion taken before any one of the said commissioners, shaH aub- 
ject the person guilty of the offence, upon conviction before any 
court of competent jurisdiction, to the punishment prescribed by 
the laws of the United States for wilful perjury. 
^ 3. And be it further enacted, That, as soon as the said 
ooMBiMhNMn commissioners shall have finally closed the taking of. testimony 
ud^liftetitatJiliQ relation to any one or more claims, they shall cause lobe 
^SSi^i^ ^*^made a full and perfect statement of the goods, wares, and mer- 
chandises proved in said claim or claims, to their satisfaction, ta 
have been destroyed at the conflagration aforesaid, in the unbroken 
and original packages in which the same were imported, design 
Dating in such statement the number of packages, the rate and 
amount of duty upon each, and the name of the person or 
persons entitled to reoetve or have remiUed to bim or them tbe 

Digitized by CjOOQIC 



1838 Chap. 184. 2721 

duties paid, or secured to be paid, upon each package, and the 
fact whether such duty has been paid or remains unpaid and 
secured in the ordinary manner, and shall ascertain and report 
whether any and what part of the merchandise so destroyed was 
insured or sold, what proportion of th)e insurance has been paid, 
or is secured to be paid in consequence of its destruction by the 
conflagration aforesaid, and shall deduct from the certificate to 
be granted under the provisions o( this act, the amount paid on 
such insurance and the amount of duties paid on the goods sold. 
And the said commissioners shall cause three fair copies of such^J^^J^^^^intto 
statement to be made and certified by themselves to be the true Jjjg "JJ*^ 
and correct results of their investigations, one of which copies aiMioMfi. 
they shall file with the collector of the customs for the port of 
New-York, another with the naval officer of the said port, and 
the third together* with the testimony taken before the said com- 
mission they shall transmit to the Secretary of the Treasury, to 
be by him kept on file in his department. 

^ 4. And be U further enacted, That it shall be the duty see. Tnu. m 
tdf the Secretary of* the Treasury,, with as little dislay as practi-SS^^^tte 
cable, to examine. Jhe testimony taken before the said commis-^gJJJpJ^^ 
aion, from time to time, as the same shall be roturhed to him, ^^pp^i^^^ 
to compare the;^me with the said statement and adjudications um of um^oob' 
of the said commissioners, and to signify to them his approval !li!SfdS!L*' ^ 
or disapproval of their determination as to each claim ; and as 
soon as the determination of the Secretary shall be officially 
communicated to the said commissioners, as to any one or iB^^f^^^S^JJ^Iihrr' 
of the said claims, they shall forthwith execute and deliver to prorti^th a eSl 
each claimant, whose claim has received the approval of thedStauit!* **^ 
Secretary,, a certificate, signed by them, and stating the amount 
t>f duties which the claimant has paid, and is entided to have 
refunded to him, and the amount he has secured to b^ paid, and 
•is entitled to have remitted upon his bonds : Provided, That PiwIm. 
no such certificate shall be delivered to any claimant, his agent 
or*at(orney, or to his order, until he, or some person on his 
behalf, shall have executed and delivered to the collector of the 
customs for the port of New- York, a bond, with sureties to the 
satiskction of the collector, in a penalty of double the sums to 
be refunded or remitted, as shown by the said certificate, and 
conditioned for the repayment, to the United States, of the 
>vhole amount refunded or remitted to such claimant, with 
interest from the date of the said bond, in case it shall thereafter 
lie made to appear that the goods upon which the duties so remitted 
refunded were chargeable, were not in fact destroyed, at the 
conflagration aforesaid : Provided, That in all oases when the Ttmim. 
applicant for relief under this act shall haVe had bonds other 
than those given for duties on goods destroyed by said fire 
suspended under the act entitled '< An act for the relief of the 
sufferers by fire in the city of New- York," appro^d, nineteenth 
March, eighteen hundred and thirtji^six, the amount of tWjenty* 
four per cent, on the amount of duties secured by such bonds 



Digitized by CjOOQIC 



2722 1838 Chap. 184—185. 

shall be deducted Trom the som which Would othewise be remit- 
ted t6 such applicants under ^his act. 
ctrtineatei up- ^ 5. And be itfufther enactedy That upon the presentation 
tob/*^in!n!by any person to the collector of New York, of any certificate 
gi^nMt of dn- ^ igBued by the said commissioners, showing that a remission is 
to be made upon any unpaid bond gi?en to secure duties, and 
then in the hands of the said collector, it shall be his duty to make 
the requisite endorsement upon the said bond or bonds and like- 
wise so far to cancel the said certificate, by a proper endorsement 
thereon as his endorsement upon the bond or bonds shall require 
and so far as any such certificate shall show that duties paid are 
to be refunded, the said collector of the port of New York shall 
receive such certificate in lieu of money for the payment of da- 
ties, at all times endorsing upon the certificate the amount of da- 
ties thus cancelled by its presentation ; and as fast as the said 
t«?w***2li«t certificates shall be thus fully cancelled the said collector shall re- 
ledi^aiKM^nf- tain and transmit to the Secretary of the Treasury to be by him 
TtmM, ^ ^ placed upon the files of the department with the statement upon 
which they were issued, and the testimony lipon which the du- 
ties are refunded or remitted. 
dauSrS?*^akZ ^ 6. And be U further er^acted, That in all cases where any 
J2jj;^f£?J article or package, as imported, shall have been partially and qot 
proportion to tho entirely destroyed by the said conflagration, the remission or re- 
^^ * funding oP duties upon such article or package shall be in pro- 
portion to the destruction by the said fire, as that proportion shall 
be ascertained and certified to the said commissioners by the ap- * 
praisers for the port of New York ; but this section shall not be 
so construed as to extend to any merchandise or property de* 
stroyed or damaged other than in the original and unbroken 
packages as imported.* * 
•4i^?^tte ^ ''• ^^ ft^ it further enacted, That the said commission- 
5»^^^«»^j^ers may enploy a clerk who shall be paid for his services out of 
ezoMdinff 1000a auy unappropriated money in the Treasury such reasonable com- 
perunumi. pensatiou as the Secretary of the Treasury^ shall allow, which 
payment the said Secretary is hereby autborize^d and directed to 
make, not to exceed the rate of two thousand dollars per annum.' 
Approved, July lihy 1838. 

CHAP. 185. An act to establish a new collection district in the State of 

Mississippi. . 

tri^?r£^«S; ^ .1- Beit enacted, fyc, That all that part of the State of 

iirtlf'iKlSlri" Mississippi north of the point where the range line strikes the 

piit to to tfoSi Mississippi river, between townships thirteen and fourteen, of 

dtotriot. ^^^'^ the Washington land district, is hereby created a ^collection 

vietobm* district, to bd called the Vicksburg district, whereof Vicksborg 

bftiit>m?fe^ shall be the port of entry, subject to all the regulations and da- 

^' ties prescribed in regard to the district of Mississippi, by an act 

passed the thirtieth of Jui^, eighteen hundred and thirty-four, 

entitled *' An act to establish a port of entry at Natchez, in Mi»> 

sissippi, and creating certain other ports of delivery, and for oth- 

Digitized by CjOOQ IC 



1838 Chap. 186—186. 2^23 

{Hifposes ;" aod that Grand Galf shall be a port of delivery ,^®»^^j^^ 
within said district of which Natchez is the port of entrj. Ap*^^"^' 
prosed, July 1th, 1838. 

CHAP. 186. An act tch establish additioaai laud oiBceB in the States of 
LouiBiana and Arkansas. 

% y. Btit enacted, SfC, That for the disposal of that portioh^Jw «*»«^ig- 
of the lands belonging to the United States in the Stateof Loais-auwifia lm- 
iaoa, within th% following boundaries, to wit : beginning at the S^j^lji^fa^^ 
point on the Sabine river, where th^ baseline of thirty-first de-JJ^^JfJjJ^JJJJJjj^ 
gree of north latitude strikes the same; thence up#aid river t^ij^^juj?^* *" 
the point where the boundary line between the United States of NoitiivMUra^ 
Mexico and the aforesaid State of Louisiana shall leave the same, Louitu^*^ ^ 
thence with said l^oundary , when the same shall be finally fixed, to 
the northern boundafy of the State ; thence east with said northern 
boundary to the dividing line between the ranges three and four 
west; thence with said dividing line south to the base line or 
thirty-fint dsgree of north latitude, thence with said line to the 
begianiog : a. land ofllice shall be established and kept in the 
town of Natchitoches, to be known as the oflSice for the Nofth- 
westero land district in the State of Louisiana. 

§ 2. And be it further enacted, That a register and '®<5C>ver JJjjJjj»{^^^»»4 
of poblic moneys shall be appointed for said land district in the waatHri^tniSi 
masner required by law, who shall reside in the town of Natch- tbiih^bS^Iai 
itodics, they shall give bond and security in the same manner ""■•^**"***^ 
«Dd in the same sums, as other registers and receivers in said' 
State; and their salaries, emoluments, duties and authority shall 
is every respect be the same^ in relation to the lands in the afore* 
said Aitrict as are now given or granted to the registeni and re- 
ceiTenin the other land offices in said State. 

§3. And. be it further enacted, That during the continu- ^,„^J5*^^<^ 
anccof the act entitled " An act to grant pre-emption rights to«| ''"J',%/^ 
settlers on the public lands," approved June twenty -second, in rawi«^ Vhaiut.- 
the year eighteen hundred and thirty-eight,, the register aod re- ^to^Mt'^tt^S 
oeifer of the aforesaid land district shall attend at least once io g2',|^,^^^ 
two months if necessary at Shreeveport in said district for the 
purpose of receiving proof of and acting on such claims, for pre- 
option rights, as may be presented to them under said act, and 
remun at said place as long as may be necessary not exceeding 
two weeks at a time, and said register and receiver shall give 
public notice for at least two weeks of the time they will attend 
at said place. 

^ 4. And be it further enacted, That the Commissioner ofQ^,"?J**»*'* 
the General Land Office is hereby invested With authority to di-^iTdiroctt^ 
iect 10- what manner and on what conditions the said Jand office ^"{Sd***^^!^ 
ihall be supplied with plats and copies of plats and surveys fromP**">^^ 
the offices DOW estaUished at Monroe and Opelousas/ and the of'-* 
fine of the Surveyor General of Louisiana* 

^ 5. And be it further enadted. That all that portion of the what portion 
present Fayetteville district which lies sooth of the liiie between ^uia'^iST'll: 

Digitized by CjOOQIC 



2724 1888 Chap. 186—190. 

^'•{^^^•■'" townships eleven and twelve north, of the principal gbase line 

shall form a separate land district and be called the Western 

Whan had of- land district, and the land office for said district shall be estab- 

iSiiijMd. ^ ""'lisbed at the county seat of Johnson county or such other place 

as the President of the United States shall designate. 
JlJlfto taf 51 ^ ^' ^^^ ** it further enacted^ That there shall h6 appoint- 
poioiad ed by the President, by and with the advice and consent of the 

Senate, under the existing laws, a register and receiver, in and 
mSm!' *^p~' for said district, whose compensation shall be iha same as provid* 

ed for other regiilertf and receivers ; and it shall be the duty of 
tL nnnim ^^^ Socretaty of the Treasilry, as soon as it can be done, to cause 
onka, piati.^Z the necessaiy tract books, plats, maps and surveys of the public 
10 be ^'ui Midlands, in said district, to be filed in said office ; and all applica- 
^%triM to bo^i^tis for entries in said district shall be made as. heretofore . pre- 
ftrowttS imT ■^"P®^ "^y la^ at the land offices now established, until the first 
I83B. 'day of June next. Approved, July 1th, 1838. 

Aot of 1837.0. CHAP. 187. An act to continue in force the act for the payment of horses 
m. vol. 4, p. and other property lost in the military service of the United States. 

jmr ^ iS? ^ ^* BeitemictedfSfC., That the act. approved January one 
oMUawNi for two thousand eight hundred and thirty-seven, entitled ^^ An act to pro- 
^'*^' vide for the payment of horses andother property lost or destroyed 

Aetof 1481, 0, >n ^^^ military seryice of the United States," be, and the same is 
ao* pMt p. hereby, continued in force for two years from the end of the pres- 
ent session of Congress. Appravea, July 1th, 1838. 

CHAP. 188. An act exempting fron:.duty the coal which may be on 
board of steamboats or vessels .propelled by steajn on their arrival at 
any port in, the United States. 

CoptaiiH of ^ 1. Beit enacted^ fyc, That from and after the passage of 
kTS^ vl^^sthis act, it shall be lawful for the captain or master dfany steam- 
^ani may pro^ ^^^^ ^' vcsscl propelled by steam, arriving at any port in the Uni- 
oood ^^''^^ *J|* ted States, to retain all the coal* such boat or vessel may have on 
porta *^witboot board at the time of her arrival, and may proceed with said ctal 
tkJmi. Acta to a foreign port, without being required to land the same in the 
with'iiSp!!^^^^ United States or to pay any duty thereon ; and all acts inconsis- 
tent with the provisions of this act, shall, be, and the same are 
hereby repealed. Approved, July 1th,- 1838. 

CHAP. 190. An aot making appropriations for building light-houses, 
lightrboatB, beacon-lights, buoys, and making surveys, for the year one 
thousand eight hundred and thirty-eight, 

^ 1. Be it enacted, Sec. That the following'appropriations 
be, and the same are hereby, made and directed to be paid out of 
any money ip the Treasury not otherwise appropriated, to ena- 
ble the Secretary of the Treasury to cause to be erected and es- 
tablished, the light-houses, beacon-lights, buoys, and[to*make the 
surveys herein provided for, to wit : 

1^ ' Digitized by GOOglC 



1838 Chap. 190. 272i 

STA-tE OF MAINE. 

For the erection of two baoys near the entrance of Portland Tutors Mf» 
tiarbor, viz : one on Taylor's ledge, and one on Broadcove rock, JSi. ■''***^ 
five hundred dollars. 

For re-building the light-bouse on Wood Island, five thousand woodkiMd. 
dollars, 

For placing monuments on Fort-point ledge, Adam's ledge, AteJ^M^ll^ 
and Buck ledge, in Penobscot river, one thousand three hun- "■*^ '•**«•• 
<lred dollars, in^ddition to the former appropriation for that pur- 
pose. 

For placing a monument on Bulwark ledge, aboft seven miles Soiwark i«dft, 
east^southeast of Portland light-house, three thousand dollars. 

For placing oue buoy on Drummer's ledge, south of Mark ij^™"^'*!. ^ 
island, and one ^buoy on Mark island ledge, five hundred dol- u£i uldn* ^ 
lars. 

For erecting a light-house on Bear island, at fhe entrance of Beviaund. 
Mount Desert harbor, three thousand dollars. 

For erecting a monument on Bunker's ledge, outside of said J*"^*^*'**** 
island, one thousand dollars. 

For placing one buoy at the southwest entrance of said Mount j^J{2J?»J^J«J2 
Desert harbor, and two buoys on the reef in the middle of Bassbarbor! 
barbdf, one hundred and fifty dollars. 

For placing a buoy on Bantam ledge, outside of Ram island, Bantun ladp. 
two hundred dollars. 

For erecting a stone beacon and a buoy on Half-tide, ledge in Haif-ud«iMin. 
the county of Hancock, twelve hundred dollars. 

For placing a spar-buoy on a ledge in the vicinity of Crab- cnb.trM*o point 
tree's point, about four miles below Sullivan harbor, in said coun- 
ty, one hundred and fifty dollars. 

For the erection of a monument or beacon on York Iqdge, off ^o^^ i«ds«- 
tbe entrance of York harbor, ten thousand dollars. 

For erecting a light-house and sea-wall at Saddleback ledge, 
in Penobscot bay, ten thousand dollars in addition to the former iJ^ 
appropriations. 

• STATE OF NEW HAMPSHIRE. 

For the erection of a pier on the east side of Whaleback light- whaitbtek 
house, to protect the ^ame, seventeen thousand dollars, in addi- °"^ 
tion to the appropriation already made for that purpose. 

STATE OF MASSACHUSETTS. 

For the erection of two small beacon-lights, on the north side Nantucket to- 
of Nantucket Island, in addition to former appropriation for that^*^- 
purpose, two thousand one hundred dollars. 

For completing the light-house on Mayo beach, in Wellfieet Majo beaeh. 
bay, two thousand dollars. 

For a monument, in the place of one carried away, on Bow- Bowdiuh** 
ditch's ledge, in the harboi; of Salem, five thousand dollars. ^^^' 

For a monument on Bowbill ledge, in the harbor of Manches- bowuu i«' 

Digitized by CjOOQIC 



Saddleback. 



VS38 Chap. 190. 

ter, or for removing th^ jnme, a^ \he diiqrelion of the Secretary 
of the Treasury, five thousand dollars. 

For rebuilding the two light-bouses on Plumb island, noarNew-^ ' 
b»ryport, four thousand dollars. 

STATE OF RHODE ISLAND. 



PTOTldftDMri- 



For buoys or dolphins in Providence river, six hundred dollars. 
"praMtQckrf. For placing two spindles- at the mouth of Paucatuok river, Ihe 
^^' sum of four hundred dollars. 

Sf ATE OF CONNECTICUT. 

M7ttSeriT«r. For placing six buoys in the western, and six in the eastern 
entrpince of Mystic river, from Fisher's island sound, in the State 
of Connecticut, according to the survey and estimate of F. H. 
Gregory, reported to the Board of Navy Commissioners, on the 
seventh day of August last, four hundred and thirty -five dollars; 
RuttidaDdand&nd four buoys on the rock in the channel east of Ram island, 
torner't reef. j^j,j ^p^^ Turner's reef, according to said survey and report, one 
hundred dollars. 

For the erection of a light-house on Lynde point, at tho mouth 

L^e jotaL ^j. Connecticut river, ip addition to the sum of five thousand do!*' 

lars already appropriated, two thousand five hundred dollars. 

Ta complete a sea-wall, to preserve the light-house and^otber 

F^irwMtheris. buildings ou Fairwcather island, near Blackrock hirrbor, pprsu-* 

^*^ ant to the report of Captain Gregory, on^ thousand five hundred 

dollars. 

For the erection of buoys on such of the rocks in the harbor 

BCUbrdhAxbor. of Milford as may be designated by the Superintendent of Light*- 

Houses for that district, three hundred dpll^rs, for one buoy on 

Shoal ledge. ^ ledge Called the shoal, west of Black point, and one buoy on- 

poBdreef: ppnd rccf in the bay pf Niantick, one hundred and sixty dollars, 

oonteidBointfor buoys on Cornfield point rock, Adams rock, and Oyster Pond 

{^.andojet r point rock, uea^Plum island, iq Long island sound, two hutidre<| 

'"^P^^^'^^and forty dollars. 



STATE OF NEW- YORK 

ItonflT'e ibQali. 



ft 

For completing a beacon on Romer's shoals, in addition to the 
appropriation heretofore made, ten thousand dollars ; to be ex- 
pended under the direction of a coqfipetent engineer, tO'be selected 
by the Secretary of the Treasury, 

To complete a light-'hoose on' Esopos meadows, on the west- 
ern shore of the Hudson river, three thousand dollars, in addition 
to the sum heretofore appropriated. 

c«uridand "^^ complctc a light-house on Cedar island. Sag Harbor, two 
thousand five hundred dollars in addition to the sum herejtofore 
appropriated. 

piaher^ieoiiBd. ^^^ ^^^ crcction of a light-house on the northern islet in Fish- 
er's sound, near the northwest end of Fisher's isiand, three thou- 
sand dollars. 



Digitized by CjOOQIC 



For the payment of th^ Biilahce r^Undlnli^l^du'e^fot tlie'expen- 
.«e8 of procuring and locating buoys in the lic^^ ch'anndlin th^ ^ 
port of New-Vork lately discovered arid' called tredney's chan- de^VdU- 
nel, eight hundred and sevdnty dollars and thifly-siz* cents. "^ 

NEW JERSEY. 

For erecting a small bdacoh fight at South -Amboy, and put- ^* ^"*^ 
trng down the* foHowing buoyisf, to wit : One on thci tail of the Gnat Beds. 
Great Beds ; one off Bilop'9 p6int shoal, sobthwest part of Sta-^j^yop'» ^^ 
ten island ; one on the Middle Ground, neartPrince's bay ; on^ Middle omund. 
on the Old Orchard shoal ; one off the point of the Great Killshoaj. ' ^ 
sfaodls, one thousand and fifty dollars. ibouik^ 

For the erection of a beacon-light at the Coiner Stake so cell- <^«"« stake- 
ed, between Elizabethtown point, and Shorter's island ; also an- shaftWiWand. 
bth€Jt small light 01^ lantern oil Shf6rtei''s island ; also for bu6y8, 
dELC. at the following places : A s^r buoy at Bergen point ; a spar Beisenpoiotl 
buoy at Mill rocks, in Newark bay; a spar buoy on the first ^^^ 
€fftfier bed or point of the bar between the Httckehsack and Pas- bed. * ^^'**' 
airi'C channels, one and a half mile below the crbssing place ; a 
spar buoy at the Corner Stake, so cdlled ; a spar buoy at the ^gJ^'Siaite. 
crossing place, on the north side ; a spar buoy at the elbow ; altP*^ 
pursuant to the report of Captains Keartiey, Sloat, and Perry, 
thirty-four hundred dollars. 

STATE OF DELAWARE. 

For rebuilding a floating-light on Five Fathokn Bank, at tbe^ 
entrance of the Delaware Bay, the sum of fifteen thousand dol- 
lars. 

STATE OF MARYLAND. 
For plaeing four buoys at or ne«r PooFs Island -chairtiel, the '**^"' 
sum of one thousand two hundred dollars. ^ 

STATE OP VIRGINIA. 

For placing 8[5ar-buoys ih Jamcfs river, between Dhy's* point Jidntf Af^p. 
and Richmond city, on such ledge's and ^hoalsT os'ihay be select- 
ed, two thousand dollars. 

For building a light-boat to take place of the ot/e in the' naV- 
rbws of the Potomac, eight thousand dollars. Potomac. 

for placing thre^ tfr more btibys', at the eiitrartde of ObBn-oatAatit^nA. 
cock creek, in the county of Accomac thred hutidl-ed dollars. 

STATE OF iiOUTtt CAROLINA. 

For marking, staking out, and* placing buoys or other such 
ihohuments as are most suitable, to designate the channels in crowatanMond. 
Crowatan sound, and, at oiitlets of Pasquotank, Little and Per- [fiTSSdPer. 
qiiimans rivers, one thousand' dollars. qaimwnrtvew 

For the construction of a new light-boat, in lieu of that now 
stationed off Wade's point, eight thousand dollars. Wa^e'gpbi&t 

For a light-house on Pea islancfor l^ocfdy^s island as the* Sec- 



Digitized by LjOOQIC 



2728 1838 — -Chap. IflO^ 

jjp«»,^j^^j*»'relary of the Treasury shall deem to be most for the public in-^ 

terest, five thousand dollars. 

chickama-co. For three buoys or such marks, designating Chicirama*<comico 

mtco channel. ^j||gnng) j^ jjjj^ county as shall be found niost suitable for that 

purpose, one hundred and fifty dollars. For placing buoys at 

shaiiote river, the north of Shallotc river five hundred dollars. 

. STATE OF OHIO. 
For securing or rebuilding on^ a better site, the light-bouse oa 
Turuo Island. Turtle island, at the entrance of Maumee bay, in Lake Erie, six 

thousand seven husdred dollars, 
fltodnaky i»y. ^^^ Completing a beacon-light near the entrance of Sandusky 
bay, three thousand dollars, in addition to the sum heretofore, 
appropriated for that purpose. 

STATE OF GEORGIA. 
Bawiiiand. For the constructiou of alight-house on the northwest ^nd^ 
of Bass island, commonly called Putin-bay, in Lake Erie, instead* 
of one on Cunningham's island, three thousand dollars. 
Sifter idand. For placing buoys on a shoal or sunken island*, near the west^ 
ern Sister island, and to the southward thereof, in Lake Erie,., 
five hundred and fifty dollars. 
TjbM channel. For Constructing a floating-light, to be stationed in Tybee 
channel, ten thousand dollars, in lieu of an appropriation of that 
sum heretofore made for a similar light on Martin's Industry 

SLAndrew'iii. shoal. 

'•*• For placing three buoys at the entrance of St. Ahdrew's inlet^ 

Bronewick hir- ^^^ hundred and forty dollars. 

bor. For placing beacons or buoys at the entrance of Brunswick^ 

harbor, the sum of one thousand dollars. 

STATE OF ALABAMA. 
Dftaphin laiand. p^^, ^j^^ coustruction of a Ught-house on Dauphin island eight 
^ thousand dollars. 

STATE OP LOUISIANA, 

Aubafaiaya ^or marking the entrance and the channel of Atchafalaya bay, 
y^y one thousand five hundred dollars. 

For rebuilding the light-house at the southwest pass of the' 
MiMMppi ri- Mississippi river, twenty thousand dollars. 
^^' For completing a light-house at or near the southwest pass on 

vemmontay. the Vermillion bay, eight thousand dollars, in addition to the' 
sum heretofore appropriated. 

STATE OF MICHIGAN. 
For rebuilding a light-house on- Bois Blanc island, if a suita-^ 
i4nd/ ** ^'ble site for the same can be found on said island, five thousand 
dollars. 
,^_ ,,.^. For erecting a light-house at New Buffalo, on Lake Michigan;- 

New BoflUo. /5i,,ii^ ^ o' 

« five thousand dollars. 

South Manitou For erecting a light-house- on Sbuth Manitou island, Lake 
*^*"** Michigan, five thousand dollars. 

For ereeting a light-house on the ledge or reef near Wagoo- 



Digitized by CjOOQIC 



1838 ^Cha^. 160. 2729 

chance, in the Straits of Michilimackinac^ tweoty-five thousand ^Jjg^^^* 
dollars. 

For erecting a light-house at PresqOe isle. Lake Huron, five Prnque w«. • 
thousand dollars. 

For erecting a light-house on Point anx Barques, Sagana bay, pouii muBw. 
Lake Huron, five thousand dollars. ^i^** 

TERRITORY OF WISCONSCN. 
For the construction of a light-house on Grassy island, at the Qnmyiiiu»a. 
head of 6reen bay, near the mouth of Fox river, four thousand 
dollars. 

TERRITORY OF FLORIDA. 

For placing buoys at the mouth of St. John's, in addition to stjoim**. 
the appropriation heretofore made, for the purpose, eight hun- , 
dried and fifty dollars. 

' For ereciing a light-house on Gary's Fort reef, forty thousand cary'tFtort net. 
dolkirs in addition to the appropriation already made for that 
purpose. • 

And so much of the appropriation heretofore made and un- 
expended for a light-house on Amelia island, be, and hereby is, j^SwILS."****'' 
appropriated, for the removal of the light-house situared on the 
southern end of Great Cumberland island to the said site on Ame^ 
hA island. 

^ yt. And be it further enacted, That the Secretary of the sec. xwas. m«y 
Treasury be, and hereby is, directed to cause two sets of di-dS5p?rir*or"n- 
-optric or lenticular apparatus, one of the first, the other of the USd^Jne^^tof IS 
siecond class, and also one Bet, if he deems it expedient, of the {jj^^<«^ "Jp^; 
reflector apparatus, all of the most improved kinds, to be lm'-«d,iuu^^thcirmer. 
ported, and to cause the saiid several sets to be set up, and their 
merits, as compared with the apparatus in use, to be tested by 
full and satisfactory experiments ; and th6 sum of fifteen thou- 
sand dollars, out of any money in the Treasury not othervirise 
appropriated, is hereby appropriated for that purpose ; and the 
Secretary of the Tre&sury is also further authorized to ascertain, s«c. treas. to 
by suitable and proper experiments, the merits of the apparatus JJ^'^^f *5? 
lately invented by Mr. E. Blunt, of New-York ; and if, in hisB^"*"^ »pp^- 
judgment, it has merits which justify the adoption of it, he is 
hereby authorized to contract with Mr.*Blunt, to light any lights 
house on the coast with it ; and the sum of one thousand dollars 
is hereby appropriated for the above purposes. And the Secre- g^,. Treia. to 
tary of the Treasury is hereby further authorized to ascertain the jjjj^j}?]^^*^!^ 
merits of the patent fog bell of Andrew Morse junior, and if hefogbeii.' 
deems it expedient to establish one on the coast, the sum of 
4wenty-fiye hundred dollars is hereby appropriated for that pur- 
pose, out of any money not otherwise appropriated. 

^3. And be it further enacted, That in order that Con-^^^^o^ 
gross may be furnished with more exact information in regard «dem ^^^order 
to light-houses, the light-house system, the President is hereby mar be fu^lSbed 
authorized to divide the Lake and Atlantic coasts into such dis- ta'ron^ti?n^'*fn 
tricts asi^lie may deem expedient ; and he shall appoint a naval S^., ac!^^' 



Digitized by CjOOQIC 



2T30 1^8 Chap. 1^0. 

officer or oncers, i^ the piibtic service will allow of it, to sarvey 
and examine eacb district, with reference to all the objects ifore- 
said ; and it shall be their fiirttier duty to inspect all the light- , 
houses, light-boats, baoy s, beacons, &c. and to report upon their 
present condition and usefulness; also to inquire and report 
whether the present public emergencies require any, and if any, 
what, further additional ^orksand improvemetiti 6f the above des- 
cription, and of what kind ; and, also, further, to report whetbel^, io 
their judgment, the public interest requires any modification of thd 
' system of erecting, superintending-, and managing the light- 

bouses, ligbt-boatSj &c. ; and if.so^ in what particulars; and 
each board shall report separately on all these matters ; which 
reports shall be laid before Congresii. 
smu Treaa. to ^4. Afid bc U futtheT enacted, That the Secretary of th6 
to'^Miuw'uld Treasury be, and hereby is, directed to instruct such oni6el*8 to 
^wTteSx^t examine and determine whether it be expedient to construot 
^i^ gu^^ light-houses, or beacon-lights, and other ^otk^ hereinafter' de- 
workfl. scrtbed, at the following places, viz : 

IN THE STATE OF MAINfe. 
ettampoiat. ^ ijght-house On the Western point, so called, at the entraoce 
of York harbor. 
H«ran*i oeok. \^ light*house at Heron's neck, on Green's island, in the towik 
of Vinalhaven. 

A sea-wall to protect a light-house heretoforetaathorized to be 
jsudie-baek ^^^^1^^^ q^ Saddle-back ledge, in Penobscot bay, and the expe- 
diency of erecting said lighi-hoose provided such wall be aecetf- 
sary to its security. 
Little rim A light-housc ou the island at the entrance of Little river bar* 
^^' bor, in the town of Cutler. 

' "^ ' A light-house on '< Sail rock" of West Quoddy bead, and the 

removal to said site of the fog4>ell now located on West Quoddy 
bead. 
FMitr>t ia^(«. ^ monumcnt on FidlePs ledge, near the mouth of Penobscot 

bay. 
SDatberniiUnd. ^ jjghi ^j^ ^he Southcm islaud at the month of Tenndnt'* 

harbor, at St. George. 
White's'^ M**' B"^yB ^^ ^^^ following places, to wit : On Jacknife ledge ; on 
LM'ITiBUDd. ^* White's ledge ; off Lee's island ; all near the mouth of Kenne* 
beck river. 

IN THE STATE OF MASSACHUSETTS. 

ffiott stUnd. ^ bridge to connect Plum isknd ^ith th^ mainUnd near i^ew^ 

buryport. . . ' , . 

p^otofRoekt. A light-hoi^se or beacon on or h6a^ a point called the Point 6t 

Rocks, at ih6 tnouth of We6tport harbor. 
▼iiNyitfdsoQi^. A light-bodt between Succonessett point and a shdaf cabled 
the Horseshoe, in the northerii chanh'^t of Vinieyard sobnd. 
IN THE STATfi OP COPJNECTICUf . 
BMtktt'. iMf. YoT a light-boat of increased size on Bartlett's reef, and a light- 
boat in lieu of the one stationed at said island. 

Digitized by CjOOQIC 



18$8 Chaf. IflO. • 2731 

IN THE STATE OF NEW YORK. 

A light-house on Teller's point, in the Hudson river. ^•"••'" »**■*• 

k light -house on the pier at the mouth of the Genesee riTer. ^^nrntifBT. 
A light-house *on Bartlett's point, at the mouth of the bay ^t^tt mdi. 
formed by the entrance of French creek into the river St. Law- 



A light-house on the west end of Fisher's island, at a [rface 
«lled Race point, bm» vfAny 

A light-house on the Hudson river, at a point about one mile HodMw rim. 
south of the viHage of Athens. 

A light-house on the north-west point* of Gardner's island, la^u'^'' ^ 
Suffolk co|ii|ly. 

A lightrhopse or light-bpat on Execution rock, Long tsjand KtecotionroeK 
Sonod. 

IN THE g TATE QF OHIO. , . 

A beacon-light on a point near Delaware flats, so called, in the D«i»w»f« tbu. 
M aomee bay. 

A beacon-light on the lower end of Big island, near ihe foot ^^t ^^*^' 
"of the rapids of the Maumee river. 

I^ THE STATE OF NORTH CAROLINA. 

A r^ht4xMit with one or more lights, on the shoals beloiy or in tvkIw. 
the vicinity, of Tar river. 

A ligbl-boat of increased size at Br^nt island, 19 lieu of the ^'^^ "'^d. 
«oe now stationed at said Island. 

A light-boat to be stationed off Bluff point in Albermarle ^loff noiot. 



m THE STATE OF SOUTH CARQLINA- 

A light-boat on Port Royal bar; two buoys in Port Royal Ponaoyaibkr. 
sboad; a light-house On the south point of Otter island, in St. ^^^ ^^j*^ 
fieieoa souad ; a beacon-light on Marsh island, at the head of ^tftr island. 
mid sound ; and such beacons and buoys as may be necessary in ^^^•^ »^^^' 
Ibe North and South Edisto sounds. For erecting bouys on St. soalh''' Edftt!! 
Beleiia bar, one thousand doRars. *Srtitieo« b«i. 

IN THE STATE X?F 4LABAMA. 

A lighi-house on Cedar point, and buoys between Cedar point codar pohn. 
toA L^e Borpge. 

IN THE STATE OP KENTUCKY. 
A ligfathouae at the port of Looisyille. LtfouTii^. 

IN THE STATE OF ILLINOIS. 
A fight-house at the mouth of Little Calomejt river. UttieOaiiinMi. 

IN TU^ STATE m MICHJEfiAXf . 
A beceooJight on a point near the jyowp of M>u:fcioac. Maekinae. 

Digitized by CjOOQIC 



2732 1838 Chap. 190. 

MukagoD, A light-house at the mooth of the river Markegon^ Lake 

Michigan, 
^^st. Mary** riv- A light*house at the mouth of St Mary's river, od Lake Hu- 
ron. 
Stony Point. A Hght-housc at Stonv Point, on Lake Erie. 
citotonriw. A light-house at the* mouth of Clinton river, on Lake St. 
aair. 
North Buck riv- A light-house at the mouth of North Black river, Lake Mich- 
igan. 
Sooth Bhiek A light-house at the mouth of South Black River, Lake Mich- 
'*^- igan. 

IN THE TERRITORY OF WISCONSIN. 

saokRiTtr. \ light-houso at the mouth of Sauk river, in Lake Michigan, 
soathport. - A light-house'at Southport, on Lake Michigan. 
KowtamM rir- A ligfit-houso St the mouih of Kev^aumee river, on Lake 
•'• Michigan. 

IN THE TERRITORY OF FLORfDA. 

^OTtofu it- i^Yfo light-houses on the two Tortugas islands, as substitutes 
for the present light-house on Bush key. 
cnpe8t,Biu, A liglit-houso at Cape St. Blass, near the entrance to the Saint 

Joseph bay. 
Bsmont kty. ^ light-house ou Egmont key, Tampa bay. 
whtiii .'JjSJriI' ^ ^* ^^^ ** U further enactedf That in all cases Vhere ap- 
tioataremadabypropriationd Qfc made in this act for the erection of new light- 
lif bt houiei "'o'^ houses, OT new light-boats to be established at places not before 
Si^i to' M^i7 authorized by law, all such places shall first be carfuUy examined, 
*'Fwi!!S!!li*mAkinc^'*^ ^'^^ ^^^^ Suitable site, selected ; and the persons making the 
Srt"o 7|[ii*sir ^"'^^^y^ ^^^ proposed works in the last preceding section of this 
Tnu. ^ 'act, shall report to the Secretary of the Treasury upon which of 
said sites, if any, xWe safety of navigation and the public inter- 
ests require the work proposed For it, and also, a plan and Esti- 
mate in detail of the expense of each work so required, includ- 
ing the necessary buildings to be connected therewith. And it 
sm. Tram, to shall be the duty of said Secretary to communicate the reports 
Nport to <^<»-^)j„^ made to Congress within the first week of the session there- 
of in December next. And the expense of said surveys is here- 
ihtlii^'^'^i^y authorized to be paid by the Secretary of the Treasjiry out of 
tho lurveyi, &c. ^ny moncy in the Treasury not otherwise appropriated, the saniie 
having been first ^ adjusted and allowed by the Secretary of the 
Treasury. 

8«»,Tro«i.nity ^ g. And be U further enacted. That the Secretary of the 

difoontinn^ the -_ *^ , i . r • i • i *• . "^ i . .. 

old liffht-houtea Treasury be, and hereby is, authorized to discontinue at his dis- 
Srk Mrbuve- cretion, the old light-houses at Oswego, Dunkirk and Cleveland, 
d!!l%tl!!for?h! and cause the sites belonging to the United States of the old 
i^ciiiveiioya'Jd light-houses at Cleaveland, on Lake 'Erie, and at Baffalo, in the 
BoSkJo to be State of New York, to be sold for such prices, respectively, as 
he shall deem the same to be worth, and the proce£ds of such 
sales to be paid into the Treasury. f 



Digitized by CjOOQIC 



18J8 tChap. 190—191. ^ 2733 

% 7, And be it further enacted, That the sum of two thou- , Jf~ wjoph. 
sand dollars be, and hereby is, appropriated, to enable the Secre- '^ij!"*^*^'^!'*" 
tary of the Treasury to employ two additional clerks in the Fifth office. 
Anditor^s office. ' ^ 

• ^ a Ami beU further enacted, That the sum of Mtcen hun- .tS^J^JffKS 
dred dollars be aii>d is hei;eby appropriated, to enable the Secre- gJiJ*JJ^^J|2 
tary of the Navy to cause such a special examination of the J^tT^^^rT*^ 
CQoat between the mouths of the Mississippi and Sabine rivers, sabinT Zen to 
aiKl the intermediate harbors, bays and bayous as may be neces- ^ •""»»*'•*«• 
sary to fix suitable locations for light-bouses, and other improve- 
raeots, which may give a more safe and ready access to the 
■aid harbors, bays, bayous, and rivers. Approved, JvAy Ith^ 
1838. 

CHAP. 191. An act to establish a new judicial district ia the territory of 

Florida. 

^\.Be%t enacted, fyc. That all the territory included within the r^S^!wnJi 
present boundaries of the counties of F/anklin, Washington, and j^JJ^f^JJj 
Jackson, in the territory of Florida, shall constitute a new judi- {J« j^j*><*j2j 
cial district, to he called the Appalachicola district, the judge of triet. 
which shall reside at the town of Appalachicola, or at the town ^f?*J^** ^ 
of St. Joseph's^ in said 'district. *"*" 

^2. And be it further enacted, That a judge, marshal, ^^"^JJ;,5;f^ 
and district attorney shall be appointed in said district, having ^^|^r^ ^ ^ ftp< 
the same jurisdiction, powers, duties, and liabilities, in all re- ianadi'etion, ■■« 
apects, as are now possessed by the judges of the superior '**'^"''^***" 
courts, respectively, in the Territory of Florida, and the said 
marshal is hereby required to give the same bonds that other 
marshals are required to give under the laws of the United 
Slates and the Territory of Florida^ to be approved of and record- 
ed as* now directed by law. 

^ 3. And be it further enacted. That the said courts shall eoST*'*"*'*^ 
be holden ai the times and places now established by law in 
said district, until changed by the Legislative Council of said 
Territory; and all process, executed by and returnable to 
said courts as a part of the district of West Florida, as hereto- ' 
fore organized,' shall be as effectual in law as if the said district 
had not been changed ; and it shall be the duty of the present 
marshal of the district of West Florida to execute all process 
now in his hands, and he shall be jresponsible in like manner 
as if this act had not passed. 

^ 4. And be it further enacted, That the judge, »marshal,'^„y"^;[;pjj2! 
and district attorney shall have the same salaries, fees, and com- |i'2,h^{fljd^' 
pensation as are allowed and paid to the other judges, marshals, uidtutoiMy. 
and district attorneys in said Territory under the laws of the 
United States, or the Territory of Florida, out of any money in 
the Treasury not otherwise appropriated. Approved, July 1th, 
1638. 

. 14 ' 

Digitized by.GoOgle 



2734 . 1838 Chap. 192. 

CHAP. 192. An act to increase and regnlate the terms of the circuit and 
, district courts for the northern district of the State of New- York. 

tera8'"onh*fdl" ^ ^* ^^ *^ enacted, i^c. That there shall be four regular terms 
tHct court in each of the disifict court of lliG United States for the northern disy-icd 
of the State of New- York in each year ; one of which, to com- 
in™mii^"at*Ai^ '"^"ce OH ihc third Tuesday in January, shall be held in the city 
*'"seiond Taen-^'^ Albany j and one to commence on the second Tuesday in July, 
dny m July at uti- shall bc held at the city of Utica ; and one to commence on 
^ Third TuetKiny the third Tucsday of May, shall be held at the city of Roches- 
M!?r!^'°' *'**''" ter; and one to commence on the second Tuesday of October, 
i^(^;"j,eTa7uufsho'' be held at the city of Buffalo. And there shall also be 
fuio. held one other term annually, at such time and in such place 

•?r **!!!" *"" within the counties of St. Lawrence, Clinton, or Franklin, as 

wiinin the coun- ... i. . ■ •• . i n i* • •' • l 

ties^of jji. Law- the judgc of Said district shall from time to time appoint, by a 
FrIiTkiiH." ""Sioiice of at least forty days, to be published in the State paper 
for"ti^%M"Jun/.of the State of New- York, which latter term shall be held only 
'"r ^'^it'iin Vaiu'^^'' ^'^®.^'^*^' of issucs of fact arising within the said three last 
couniie« mentioned counties; but nothing herein contained shall prevent 

Special termi ... /• • • f> i Pi. • ■ i /• i 

may be held, the judgc of said court from holding special terms thereof at the 

places above specified, or at any other places in said district, in 

addition to said regular terms, when he shall deem it necessary. 

oo2i^ now''' held ^ 2. And he it further enacted, That the term of the. circuit 

' annoaiiy at Alba- court for the said norlhcm district, now required by law to be 

clnandaigua on held annually at Albany on the second Tuesday of June, be here*- 

Si^TheVhlii after held at Canandaigua, in the county of Ontario, on the 

Kchyew.^""* Tuesday next after the. third Monday of June In each year. 

<^ 3. And be it further enacted. That, for the purpose of 
Por trying aiitrying all issues of fact, tryable by a jury in the district court of 
d'lir'ct^.haVbSthe United States for the northern district of New-York, the 
th^i^'^'divlliana"^^ subdividcd tnto three divisions, as follows, 

di^Jroo.^**^"'* ^^ wit : all that part of said district lying westward of the west 
woriberndWit- lines of the counlics of Cayuga, Tompkins, and Tioga, shall 
Eastern divii- constitute the wcstem division; the counties of St. Lawrence, 
'^whi>rethe ii- Franklin, and Clinton, shall constitute the northern division; 
S'Jri'od?"***'*"**"** all the remainder of the district shall constitute the eastern 
division. And all such issues of fact shall be tried at a term of 
said court to be held in the division where the cause of action 
laaaoaof factin'^^y ^^^^ ariscn, unlcss the said court, for good cause shown, • 
tbn circuit coart. shall. order such issue to be tried elsewhere. And all issues of 
nrrlbHf* or"eaM.fact iu the Said circuit court to be tried by a jury, where the 
ured^arAibMy*r»cause of actiou may have arisen in the northern or eastern divi- 
sion aforesaid, shall be tried at the term of said circuit court 
All other iMoet to be held at Albany, and all other issues of fact in said circuit 
aiCMaDdaigoL!'*^ourt to bo tried, by a jury, where the cause of action may have 
arisen in the western division of said district, shall be tried at 
the term of said circuit court to be held at Canandaigua. But 
nothing herein contained shall prevent either of said courts, by 
■itTnaiooi^^S^®"^'^*' ""ule, from regulating the venue of transitory actions, 
and from changing the same for a good cause to be shown. 
All iMBM BOW ^4- ^^^ ^^ ^ further enacted. Thai all issues now pen- 

Digitized by LjOOQ IC 



1838 Chap. 192—194. 2736 

ding in either of said courts shall be tried at the places above {^^^■"'»'^„„^'*J^ 
prescribed for holding such court, unless otherwise ordered byU>ed,Ac. 
said court, in pursuance of the authority given in the last sec- 
tion ; and no process issued or proceedings pending in either of 
said courts shall be avoided or- impaired by this chai)ge of the 
time and place of holding such court ; but all process, bail-bonds, 
and recognisances, returnable at the next term of either of said 
courts, shall be returnable and returned to the said court next 
held according to this act, in the same manner as i-f so made re- 
turnable on the face thereof, and shall have full eflfect accord- 
ingly; and all continuances may be made to conform to the 
pravisions of this act. Approved, July 1th, 1838. 

— — » . " 

CHAP. 193. An act ceding to the Stale of Ohio the interest of the United 
States in a certain road within that State. 

^ 1. Be « enat^ed, Src, That all right or title of the United B^'l^^^ii^tS; 
States, acquired by the treaty of Brownstown, in a certain road Jle^ii/i'Jfohi? 
from the footof the rapids of the Miami of the Lake to the western 
line of the Connecticut Western reserve be,and the same is hereby, 
granted to the State of Ohio. Approved, July 1th, 1838. 

1 '— — — I 

CHAP. 194. An act to authorize the saie of certain bonds belonging to 
the United States. 

^ 1. Be it enacted, fyc., That the Secretary of the Treasury sec. Treaa un- 
be, and he is hereby, authorized to sell upon the best terfns he the'^m 'bonds 
can command for money in hand in the markets of this or of S^fn^A^he^p,^ 
any foreign country, as upon inquiry he shall find most for the ^J"^^'j,^'Ji*'^'^^ 
interest of the United States, the two bonds held by the United i5'''s".t"chaJ[eJ?d 
Slates against ** the president, directors, and company of the %.^l'"^m"°f'^{ « 
Bank of the United States," chartered by the State of Pennsyl-mie'lnthemonm 
vania, which will fall due in the month of September, in the 1339, a^sio^'' 
year one thousand eight hundred thirty-nine, and one thousand 
eight hundred and forty, being the two last of four several bonds, 
dated on the tenth day of May, one thousand ei^ht hundred and 
thirty-seven, given to secure the payment of the sum of one 
million nine hundred and eighty-six thousand, five hundred and 
eighty«>nine dollars and four cents each, with interest upon each 
bond, at the rate of six per centum per annum, from the third 
day of' March, one thousand eight hundred and thirty-six until 
paid, the said four bonds having been received by the United 
States as security for the final payment of the stock held by the 
United States, in the late Bank of the United States, chartered 
by Congress, and to execute under his hand and the seal of hia to execute suit. 
office, to the purchaser or purchasers of the said bonds, suitable Ls^enu!^^' 
and proper assigninents to transfer to the said purchaser or pur- 
chasers, his, her, or their representatives, or assigns, all the right, 
title and interest of the United States, of, in, and to the money 
due and tq become due upon the bonds sold and assigned in pur- 
suance of this act : Provided, That no sale of either of the said proviw. 
bonds shall be made upon terms less favorable to the United 



Digitized by CjOOQIC 



2736 1838 Chap. 194— 195. 

States than the par value of the bond sold, al tfa^ iidie of 6aie» 

calculated according to the rules for estimating the par value of 

securities upon which interest has run for a time, but which so» 

curities have not reached maturity. 

All money re- 4> 2. And be it further enacted, That all money received 

to*i*^*d*StotS "P<>" ^6 sale of the said bonds, shall be immediately paid into 

SdtoS'ciSuSf^''® Treasury of the United Stales, or placed to the credit of the 

a« Treamirer, Treasurer thereof in some proper depository, in the sanie maiH 

ner that other moneys, received for dues to the Government, are 

by law, directed to be paid into the Treasury. Approved, Jtdf/ 

1th, 1838. 

CHAPi» 195. An act to prevent the issuing and circulation of the bills, 
notes and other securities of corporations created by acts of Congress 
which have expired. 

In all easee ^ ^' -S^ *^ enccttd, ^c, That in all cases where the chatter 
wberotheehtfter of anv Corporation which has been pr nriay be created by act of 

of any corpornr _, ^ \. • tt • i r-i • n i • i • i. • 

tion haa expired Cougress of the United States shall have expired or may hereaf-* 

or eball hereafter ^ '^ . .- j* ^ re * r *.i- 'j 

expire, any di- tcr cxpiro, if any dircctor, otncer or agent of the said corporation 
S^fpafi^cfreu^or any trustee thereof, or any agent or officer of such trustee, or 
noterof^^chwkiany person having in his possession or under his control the pro- 
h?w "bSTmfde P^'^y ^^ ^^^ ®^'^ corporation for the purpose of paying or redeem^ 
by any auch cor- inff its uotcs and obligations shall knowingly issue, re-issue, or ut- 

poration whose ° . ° , , • i .... 

oharterthauhave ter as moncv or in any other way knowingly put in circulation, 

expired, shall be , .„ / l i j r* /u -. -• * i_ 

deemed guilty of any bill, notc, chccK, draft, or other security purporting to have 
meuor. a^^he been made by any sqch corporation whose charter has expired or 
Md to^^!by any officer* thereof, or purporting to have been made, under 
"^'- authority derived therefrom, or if any person or persons shall 

knowingly aid and assist in any such act ; every person so o{^ 
fending, shall be deemed guilty of a high misdemeanor, and on 
conviction thereof shall be punished by a fine not exceeding ten 
thousand dollars, or by imprisonment and confinement not lesa 
than one year nor exceeding five years, or by both such fine and 
prortoo. imprisonment : Provided, That nothing herein contained shall 
be construed to make it unlawful for any person not being such 
director, officer or agent of the said corporation, or any trustee 
thereof, or any agent or officer of such trustee, or anv person 
having in his possession or under his control the property of the 
corporation for the purpose aforesaid who shall have received oc 
may hereafter receive such bill^ note, check, draft or other secu- 
rity, bona fide and in the ordinary transactions of business, ta 
utter as mgney or otherwise circulate the same. 
Aiioonorations ^ 2. And bs it further enacted, That in all cases in whicb 
gj^^y^^gfany corporation has been or may be created by acts of Congresa 
5^t«khoYde?; <>f *he United Slates, and in which the United States shall have 
havee ^^'^ been interested as a Stockholder the term of which corporatioa 
which^ave'!Sy has expired, and in which any bills, notes, checks, drafts or other 
te their^^poM^' securities, made under authority derived, or alledged to have 
M%o?%'theu! been derived from such act, shall be in the possession or under 
^^(^^^the control of any director, officer or agemt of the said expired 

Digitized by CjOOQ IC 



1888 Cha?. 196—198. BTST 

eorpomtion, or any trustee thereof, or any agent or officer, of JS^JSj^jJ-JJ/Jg 
inch trustee or any person having in bis possession of under his ^"gS^iSSTor 
control, the property of the said corporations, for the purpose orre-iminc ■»)<> 
paying or redeeming its notes and oMigations, the several circuit be compeu'ed^o 
courts of the United States shall have jurisdiction on the bill or ^*<!^]!^!SEd!'' 
petition of the United States to grant injunctions to prevent the 
issuing, rc'issuing, or transfer of any such bills, notes, checks, 
drafts, or other securities ; and also to cause such of the said 
bills, notes, checks, drafts, or other securities, as have been rs« 
deemed, to be delivered up and cancelled ; and the said several 
courts shall have power to make all necessary decrees and orders 
for the purpose of carrying into effect the jurisdiction hereby con* 
ferred, and to execute the same by due process of law. 

Approved, Juljf 1th, 1838. 

CHAP. 197. An act to repeal, in part, the act entitled «« An aet to pro* „^,^, ^"^4^' 

-vjie for the safe keeping of the acts, records, and seal of the United 
' States, and for other purposes." 

^ L Be it enacted^ SfC.^ That so much of the act entitled "An g^^T^^f/'^* 
act to pi;ovide for ^he safe keeping of the acts, records, and seal r«q%ef thedMk 
of the United States, and for other purposes," approved fifteenth tl^u^^Muc^ 
of September, one thousand seven hundred and eighty^nine, as '^i**^* 
directs ttie Secretary of State to cause to be recorded, in his of- 
fice, v the acts and resolutions of Congress, be, and the same is 
hereby^ repealed, Approved, July 1th, 1838. 

CHAP. 193. An act to encourage the introduction and promote the cul- 
tivation of tropical plaats in the United States. 

Whereas in obedience to the Treasury circular of the siith of Preambb. 
September, eighteen buQdred and twenty-seven. Doctor Henry 
Perrihe, late American Consul at Campe&ohy, has distinguished 
himself by his persevering exertions to introduce tropical plants 
iatp the United States : and whereas he has demonstrated the ex- 
istence of a tropical clime in southern Florida, and has shown 
the consequent certainty of the intermediate domestication Of 
tropical plants in tropical Florida, and the great probability of 
their gradual acclimation throughout all our southern and south'* 
western Slates, especially of such profitable plants as propagate 
themselves on the poorest soils ; and whereas, if the enterprize 
should be successful, it will render valuable our hitherto worthlesa 
soils, by covering tbam with a dense population of small cultiva-* 
tors and family manufacturers, and will thus promote the peace, * 

prosperity, an^ permanency of the Union : Therefore, 

^ 1. Be it enactedy fyc. That a township of land is hereby ,,^ |J2I!?¥i6?f 
granted to Doctor Henry Perrine and his associates, in the south- g^^pj^^fj^ 
era extremity of the peninsula of EasI Florida, to be located iohiBa«oeiatM.* 
one body of six miles square, upon any portion of the publii^ 
lands below twenty-six degrees north latitude, 

^ 2. And be U further enacted^ That the said tract of land Jo^^ i«»<«i 
shall be located wiihid two years from thi^date^ by said Henry ^Iii rat^^T^ 



Digitized by VjOOQIC 



2738 1838 Chap. 19&— 199. 



Florida, ' **^Perriiie, and shall be surveyed under his direction, by the sar- 
PTOTiw. veyor of Florida, Provided^ That it shall not embrace any land 
having suficient quantities of naval timber to be reserved to the 
United States, nor any sites for maritime ports or cities^ 
whM ii^imtant ^ 3. And be U further enacted, Tnat whenever any seo- 
perriM^ud^his tion of land in said tract, shall be really occupied by a bona fid^ 
■MoeiatM, settler, actually engaged in the propagation or cultivation of val- 
uable tropical plants, and upon proof thereof being made to th^ 
Commissioner of the General Land office, a patent shall issue to 
the said Henry Perrine and his associates. 
iiSSSforfwt- ^ ^' '^^^ ^^ ^ further enacted. That every section of laqd 
!!d to tha u!s/in the tract aforesaid, which shall not be occupied by an actual 
settler, positively engaged in the propagation or cultivation of 
useful tropical plants within eight years from the location of said 
tract, or when the adjacent territory shall be surveyed and offer- 
ed for sale, shall be forfeited to the United States* Af proved, 
July 1th, 1838. 

CHAP. 199. An act granting half pay and pensions to certain widows. 
Act of 1638. c, ^ \, Beit enacted, ^c. That if any person who served in the 
9270, ^**' * *** war of the Revolution, in the manner specified in the act passed 
•loir* gmitecTto the seventh day of June, eighteen hundred and thirty-two, enti- 
3B«»''ilri>^ lied " An act suplementary to the act for the relief of certain 
**'!?• T**®* "^T* surviving officers and soldiers of the Revolution,'* have died, 

entitlnd to the ,,^., , . ,, t> % .» 

beoofltt of ihe^t leaving a widow, whose marriage took place after the expiration 
although ' said of the last pcriod of his service, and before the first day of Jann- 
JTnoe m'arrM!'^''* ary, seventeen hundred and ninety-four, such widow shall be en- 
titled to receive, for and during the term of five years from the 
fourth day of March, eighteen hundred and thirty-six, the annuity 
or pension which might have been allowed to her husband in vir- 
tue of said act, if living at the time it was passed : Provided, 
FroriM, That in the event of the marriage of such widow, said annuity 
or pension shall be discontinued. 

^ 2. And be it Jurther enacted, That no pledge, mortgage,. 

Nopfoagv.mort-sale, assignment, or transfer of any right, claim, or interest, in 

Cfr'ify^^^P^! any annuity, half pay or pension, granted by this act, shall be valid, 

•ioa to be valid. ^^^ gj^^^n ^j^^ half pay, annuity, or pension, granted by thisactor any 

formeract of Congress, be liable toattachmenf^ levy or seizure, by 

iMiiabietobeany process in law, or equity, but shall enure wholly to the per- 

«d bj aoy proMs^ sonal benefit of the pensioner or annuitant entitled to the same ; 

^° '^^* and that before a warrant shall be delivered to any person acting 

for or in behalf of any one entitled to money*under this act, such 

person shall take and subscribe an oath or affirmation, to be ad- 

ke?b? M ^ttiJl ministered by the proper accounting oflfjcer, and put on file, that 

Sfiver % ^* ^^ ^^^ °^ interest in said money, by any pledge, mortgage, trans- 

wat^uu "* ^ * fer, agreement, understanding or arrangement, and that be does 

not know or believe that the same has been so disposed of to any 

other person. 

<^ 3. And be it further enacted, That the Secretary of 
iSS^ui^SV^- War shall adopt such regulations and forms of evidence, in re- 
wa^'iS!d?r^lhfl&^i^° ^^ ^PP'^^^i^"^ ^°^ payments under this act as the PrM- 



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1838 Chap. 199—201. 2739 

dent of the United States may prescribe. Approved, July Ith/^^^^^ "^ **• 
1888- 

CHAP. 201. An act to provide for the better security of the lives of pas- 
sengers on board of vessels propelled in whole or in part by steam. 

§ 1. Beit enacted, SfC, That it shall be the duty of all own-,^;;»^^, j/ 
ers of steamboats, or vessels propelled in whole or in part by«*»k«» n«w m- 

, - , - % r ^-x t I • • • I . rolnent and Uk« 

«Bteam, on or before the tirstday of October, one thousand cightontaMwiioeoM. 
hundred and thirty-eigh)/t6ii\ake a new enrolment of the same, 
under the existing laws of.tfit^ IJnited States, and take out from 
the collector or surveyor of iht p9f t, as the case may be, where 
such vessel is enroled, a' new liccnsej^ nder such conditions as 
are now imposed by law, and as shall bVimposed by this act. 

^ 2. And be it further enacted, ThatUt shall .not be lawful 8^*«»2 *~«^ 
for the owner, master^ or captam of any steamboat joi: vessel pro-w nietchMidi«e, 
pelled in whole or in part by steam, to trans{!>ort any iaoeis,. wares wuhomt^ow u' 
and merchandize, or passengers, in or upon the bays, lak^s^/ivet^*'"^* 
or other' navigable waters of the United States, from and aftet^. 
the said first day of October, one thousand eight hundred and 
thirty-eight; without having first obtained, from the proper of- 
ficer, a license under the existing laws, and without having com- 
plied with the conditions imposed by this act ; and for each and, f« •^j ▼so- 
every violation of this section, the owner or owners of said ves-uonUie owneror 
sel shall forfeit and pay to the United States the sum of five feTssool''" '^ * 
hundred dollars, one half for the use of the informer ; and for^^^"'' nwwn. 
which sum or sums the steamboat or vessel so engaged shall be 
liable, and may be seized and proceeded against summarily, by 
way of libel, in any district court of the United States having ju- 
risdiction of the offence. 

^^ 3. And be it further enacted, That it shall be the duty of District jodg« 
the district judge of the United States, within whose district any **> •?«»»»' J*J; 
ports of entry or delivery may be, on the navigable waters, bays, the boiien aod 
lakes and rivers of the United States, upon the application of"** ""'''" 
the master or owner of any steamboat or vessel propelled in 
whole or in part by steam, to appoint, from time to time, one or 
more persons skilled and competent to make inspections of such^TWr^juaiis- 
boats and vessels, and of the boilers and machinery employed in uet, 
the same, who shall not be interested in the manufacture of steam 
engines, steam boat boilers, or other machinery belonging td 
steam vessels, whose duty it shall be to make such inspection 
when called upon Ht that purpose, and to give to the owner or 
master of such boat or vessel duplicate certificates of such in- 
spection ; such persons, before entering upon the duties enjoined 
by this act, shall make and subscribe an oath or affirmation be- 
fore said district judge, or other oflicer duly authorized to admin- 
ister oaths, well, faithfully, and impartially, to execute and per- 
form the services herein required of them. 

^ 4. And be U further enacted, That the person or persons 
who shall be called upon to inspect the hull of any steamboat ovh^S^^^^^ 

- ' - - -- - owntn or Maa- 

jU ten a oortlfloat* 

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vessel, under the provisions of this act, shall, after a thorough ?'^'' "^ ^^ 



2740 1838 Chap. 20L 

^^^^t^^^^^^examiaatfoa qt the same, give to the owner or master, as ibe 

case may be, a certificate, in which shall be stated the age of the 

said boai or vessel, when and where originally built, and the 

length of tinae the same has been running. And he or they 

AIM a'certifi-shall also state whether, in his or their opinion, the said boat or 

SindMw'of tfcJ ^®^^®' is sound, and in all respects seaworthy, and fit to be used 

w»eu for the transportation of freight or passengers ; for which ser- 

vice, so performed upon each and every boat or vessel, the in-^ 

on^er Tr^'mut^ specters shall each be paid and allowed by said master or owner 

■hall pay $5 to . • ^ . • -• .. ••.-•/•: . n 

each inapectw. 



applying for such inspection, the sain V*fiVe dollars. 

<^ 5. And be it further^ •^feaCte&, 'That the person or per- 
inspectoraofthe sons who shall be called u9oiT/<^ * insp^t the boilers and machi- 
?cerSfi^te°M^S ncry of .any staamhtf)rff. Of .'vessel, under the ffrovisions of this 
2j^J5Sb2Sera *^^» ®'^^"> ^^^^^ •? llwitigh examination of the same, make a 
certificate, i^*^h*ich\1ie or they shalli state his or their opinion 
whether.^^f^»t^6iters are sound and fit for Use, together with the 
Duplicates of a^^ (tf*«tlie'ooilers ; and duplicates thereof shall be delivered to 
*S^gwwJ^tJ-*i^e tha'-pWer or master of such -vessel, one of which it shall be the 
mMierorowne>»^yfy»Qf the Said miistcr and owner to denv6r to the collector or 
surveyor of the port whenever he shall apply for a license, or ibr 
a renewal of a license ; the other he shall cause to be posted up, 
and kept in some conspicuous part of said boat, for the informa- 
tion of the public ; and for each and every inspection so made, 
inm^toM^fltou e^ch of the said inspectors shall be paid by the said master or 
»eac1ircceit»s5. owncr applying, the sum of five dollars. 

<S 6. And be it further enacted^ That h shall be the duty 

OwDenormas- ^^, . *' t> t • . • ' 

tera to have the of the owncrs and masters of steamboats to cause the mspection 

leaafoncfa yeif! provided uftder the fourth section of this acf to be made at least 
And the boilers once in every twelve months ; and the examination required by 

•Lcmonii^" *" the fifth scctiou, at least once in every six months ; and deliver 

to the collector or surveyor of the port where this boat or vessel 

has been eiTrolled or licensed, the certificate of such inspection ; 

FbnaityforftU-and, on a failure thereof, he or they shall ferfeit the .license 

ingtodoio. granted to such boat or vessel, and be subject to the same pen- 
alty as though he had run said boat or vessel without having 
obtained such license, to be recovered in like manner. And it 
shall be the duty of the owners and masters of the steamboats 
ScFtfej^ri- licensed in pursuance of the provisions of this act to employ on 
cMi"S?cr»"u) ^>^^rd of their respective boats a competent number of experi- 

be employed, euccd and skillful engineers, and, in case of neglect to do so, the 
said owners and masters shall be held respo|pible for all damages 

iijte do M.'^' to the property or any passenger on board, of any boat occasi- 
oned by an explosion of the boiler or any derangement of the 
engine or machinery of any boat. 

be^^?ed%e2 ' ^ '^ ^ ^^^ ^^ *^ further enacted, That whenever the mas- 

the vewi etope tcr of anv boal or vessel, or the person or persons charged with 

for any purpoae . . '^ ... ' - • . , . n i . • i 

whateyer. navigating satd boat or vessel, which is propelled in wholo or m 
part by steam, shall stop the motion or headway of said boat or 
vessel, or when the said boat or vessel « shall be stopped for the 
purpose of discharging or taking in cargo, ftiel or passengers, he 



Competent 
nombcrofej 
rtenced and 



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1888 Chap. 201—302. 2741 

or they shall open the safety-valve, so as to keep the steam down 

in said boiler as near as practicable to what il is when the said 

boat or vessel is under headway, under the penally of two hun- penalty saoo. 

dred dollars for each and evcfy oflence. 

^8. And be it further enacted^ That it shall be the dutv Lon«b<»fa or 
of the owner and master of every steam vessel engaged iit the«d by ateamvea. 
transportation of freight or passengers, at sea, or on the Lakes uk'acha'^pMn, 
Champlain, Ontario, Erie, Huron, Superior, and Michigan, the ^n.^^upcriw^ 
tonnage of which vessel shall not esceed two hundred tons, to*^*^**°- 
provide and to carry with the said boat or vessel, upon each and 
every voyage, two long-boats or yawls, each of which shall be 
competent to carry at least twenty persons ; and where the ton- 
nage of said vessel shall exceed two hundred tons, it shall be the 
duty of the owner and master to provide and carry, as aforesaid, 
not less than three long-boats or yawls, of the same or larger 
dimensions ; and for every failure in these particulars, the said 
master and owner shall forfeit and pay three hundred dollars, penalty saoo. 

^9. And be it further enacted. That it* shall be the duty veaspiaatapa 
of the master and owner of every steam vessel employed on 2oi?«id.Joc!Sj 
either of the lakes mentioned in the last section, or on ihe sea.'to ^"ction hoae, Are 

., /. t r ' ■ ' t , engine, Ac 

provide, as a part of the necessary furniture, a suction hose and 
fire engine and hose suitable to be worked on said boat in case 
of fire, and carry the same upon each and every voyage, in good 
order ; and that iron rods or chains shall be employed tind used i^,^ ^^^ ^ 
in the navigation of all steamboats, instead of wheel or tiller iJ,f^^%fVbISe1 
ropes; and for a failure to do which, they, and each of themor^i«rropea 
shall forfeit arid pay the sum of three hundred dollars. i^enaity taoo. 

Approved, July 1th, 1838. 

CHAP. 202. An act to establish a criminal court in the District of 
Columbia. 

^1. Beit enacted, fyc, That from and after the passage uwiS^^^'iS'th'; 
of this law, a court shall be established in the District of Coluin-,^^»^'ij*^/ ^ 
bia, for the trial of ail crimes and offences against the laws now ^"^ orerimet. 
in force in the said District, and such as may be hereafter enact- 
ed to be composed of one judge, to be appointed by the Presi- TobecompoNd 
dent of the United States, by and with the consent of the Sen- uul^'sSfuoo'^r 
ate, and to receive, as compensation for his services, an annual "SircouA^of 
salary of two thousand dollars, which court shall be styled the^***^'^* 
criminal court of the District of Columbia. 

^2. And be U^urther enacted^ That the said court shall Jcu', of wU''. 
hold four terms in each year, on the first Mondays of December, ^^^y ofWiJ^- 
March, June, and September, in the city of Washington, for the *"ston. 
county of Washington, and two terms in each year, on the first ,iJloin ofA*iei" 
Mondliys of April and November, in the town of Alexandria, forjS^'ll/j'n,^**'" 
Alexandria county ; and that the judge of said court shall have" '**T*'w«m 

■ ■••I i» • • • • I rower lo ooid 

power to hold special terms of said court m each county •p«ciai termi. 
whenever it shall seem to him necessary to order the same, of 
which order ten days' previous public notice shall be given. 

^ 3. And be U further enacted, That the district attorney. „ey|'*'*Vrl?.V, 
and marshal of the said District, and the clerks of the circui ^^'^^^^.^t^^ 

15 Digitized by CjOOQIC 



2742 1838 Chap. 202. 

JtS?.d ^T^pnT- ^^"'* ^" ^^^ ^^^ District, for the counties of Washington and 
formtiieirduiief. Alexandria, respectively, shull aitend the said criminal court in 
said counties, and perform all the duties now by law required of 
them, respectively, in relation to the criminal business of the cir- 
cuit court in the said counties, and shall, respectively, receive the 
oftb?"SIIIn2S^*'"® ^^^^ *"^ compensation therefor. And the jurors and wit- 
wiuiwMs. nesses attending said court in the said counties shall be entitled 

to the same compensation they now receive for their attendance 
in the said circuit court in the said counties respectively. 

^ 4. And be it further enacted, That all recognizances, pre- 
^J|^«"^"<Jjsentments, indictments, pleas, and criminal prosecutions and pro- 
triuiaferred. ccediugs wbatsocvcr, and all suits and proceedings for fines and 
forfeitures and on forfeited recognizances, now pending in the 
said circuit court for the s«d counties of Washintgon and Alex- 
andria, respectively, shall be transferred to the said criminal court 
in the said counties, respectively, and be there proceeded on as 
they would have been in ihe said circuit court for said counties, 
respectively, if this act had not been passed ; and all process 
hereafter issued, or now issued from the said circuit court, for 
the said counties, respectively, shall be returnable and returned' 
to the said criminal court at the next succeeding term and terms 
thereof, in the said counties, respectively, and the said criminal 
jurbdieUoa. court shall have all the jurisdiction in the said counties, respect- 
ively, now held by the said circuit court in the said counties, re* 
spectively, for the trial and punishment of all crimes and oflTences, 
and the recovery of all fines, forfeitures and recognizances. 
Writ of 6n«r ^ 5. And be it furtlier enacted, That the circuit court of the 
mur^bte^to ifa^ District of Columbia, or any judge thereof, during the vacation 
Circuit court, ^f ||^g court, shall havc' power to award a writ of error, in any 
criminal case whatever, wherein final judgment shall have been 
pronounced by the criminal court for either county in the said 
District, returnable to the circuit court of that county in which 
said judgment may be rendered, convicting any person of any 
crime or misdemeanor, and to reverse said judgment, or remand 
the case, and order a new trial, or such other proceeding therein, 
Exoeutioumay ^s the uoture of the case may require. 
MpKrtoe?. ^ 6- ^^ *^ *' further enacted, That to enable the person 
»2«ft oon^iciiogo convictcd by the judgment of«the said criminal court, to ap- 
ItUrou * ^" ply for a writ of error, in all cases when the judgment shall be 
death, or confinement in the penitentiary, the said criminal court 
shall, on application of the party accused, po8^)one the final exe- 
cution thereof to a reasonable time beyond the next term of said 
circuit court, not exceeding in any case thirty days after the end 
a}'«tion ofinw, of such term of the circuit court. 

Sioint'' «f [hi 4> T^- ^^^ fr* *^ further enacted. That the said criminal court, 
KTdjaume"ri *" ^Y ^^®? ^^Y ^^^^ }^^ conscut of the person accused, ad- 
thocjircuitcourt^joiirn ahy question of law to the circuit court of that county, in 
dtcided. the Dirstrict aforesaid, in which the case is depending, which 

may be there ai^gued and decided, though such accused person 
be not present. 



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1838 Chap. 202—204. 2748 

^ 8. And be U further emcttd, That there shall be hereaf- ^^„ **^^ 
ter paid to the coroners of the counties of Washins^ton and Al- «»<> wiiiimm! 
exandria in the said District, and to ihe jurors and witnesses, who MnaliMM? 
may be lawfully summoned by ihem ii) any inquesi, the same fees 
and compensation as are now paid to the marshal of the said 
District, and the jurors attending the circuit court in the said 
county for similar services. Approved^ July 1th, 1838. 

CHAP; 203. An act to change the time of holding the United States 
Circuit Court in the District of East Tennessee anS the District of 
Maryland. 

^ \. Be it enacted, fyc. That the Circuit Court of the Uni-^f^'JfS. £~'J 
ted Stales for the District of East Tenne'ssee, shall be held at ,^"*|^'''jj;iS*^ 
Knoxville, on the third Monday in October, in each and every Knoxvnie amy 
year, and the Circuit Courts of the United States for the District li^^a; [o^ueio- 
of Mar} land shall be held at Baltimore on the first Monday of*^'* 
November annually. 

^ 2. And be it further enacted, That all recognizances en-^^^i;;^"^ gCo^jJ 
tered into, and all mesne and final process which have been is- Maryland to be 
sued, or which shall hereafter be issued, returnable lo the first n^liraon^ th^Aru 
term of said Court, shall be returnable to the term hereby estab- ^en?iL7i.nn.ia?ir. 
lished, and shall have the same effect as though the said process «ec*.gmtuiicM 
had origiitally been made returnable to the term hereby establish- proceM iMu«d, 
ed. Approved, July 1th, IS3&, reiS?n'bi«,* *** 

CHAP. 204. An act supplementary to an act entitled '' An act to increase 
the present military establishment of the United State8,and for other pur- n^^l^j^ '^aS' 
poses," approved July fifth, eighteen hundred and thirty-eight 

^1. Beit enacted, ^c, That the act to which this is a sup- 
plement shall be, and the same hereby is eiplained, limited and 
modified as follows: 

First. Nothing contained in said act shall be so construed .No baok n- 
as to allow to any oflScer additional rations for time past, com- io^^!^^" ^ ^^' 
monly called back rations. 

Second. The posts at which chaplains shall be allowed shall ^chapUiM ai. 
be limited to the number of twenty, and shaH be first approved iwMtypJiu.^*^ 
by the Secretary at War, and shall be confined to places most 
degtitote of instruction. ^ ' 

Third. That so much of said act as requires assistant qtiar- AnMtaotqmr- 

, , - • 1- I II I 11 termaiters not ra- 

termasiers to be separated from the line, shall be, and the same q">red to be Mp. 

. 11 11 anted fiom ito 

18 hereby, repealed. • lioe. 

Fourth. That the number of lieutenants authorized by said Tweire liea- 
•ct to be added and transferred to the Ordnance Department, te''''°adried°'^n^ 
shall be limited to twelve. Co'^'^Di^a?; 

Fifth. That the monthly pay of a private soldier, raised by n**^- ^^^ ^^ 
said act to eight dollars, shall be hmited and fixed al seven dol- vateaoidiei. ^' 
lars a month ; one dollar thereof shall be retained, as provided 
for in said act. 

Sixth. Thatvno compensation shall be allowed to officers of compenaation 
Ihe Engineer Department fpr disbursement of public money, Engm«?r'D«pait* 
while superintending public works. '^"^ 

Seventh. That the three assistant commissaries of sabqistence commiM*i« 

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2744 1838 Chap. 204^322. 

SSftoi^iKalir^"^'*^''^^^^ ^7 ^"^^ ^^*» "'^'^ "^^ ^^ separated from the line of the 
army. 
BooDtT of .160 Eighth. That so much of said act as allows one handred 
wkhere roi!^aied!and sixty acres of land to soldiers who shall have served ten con- 
secutive years be, and the same is hereby repealed. 
' Ninth. That the said act shall be so construed as to allow 
^P»y«"terOen-the Paymaster General and Surgeon General of the army, the 
oenerai en[lt£d additional rations therein granted to officers of the line and staff, 
to addiiioo.1 ra-j.^^ ^^^^^ fivc f cars scrvicc. Approved, July 7/A, 1838. 

CHAP. 222. An act to restrain the circulation of Binall notes, as a cur- 
rency, in the District of Columbia, and for other purposes. 

aniftwfhi, af- §1* Beitenactedy ^c, That, after the tenth day of April 
Mxt/^o i^ne! "^*^ it shall be unlawful for any individual, company, or Corpo- 
^J "io"tht*'iu. c '■*^'®"> ^^ issue, pass, or offer to pass, within the District of Co- 
anjr^ottt&ciMtlumbia, any note, check, draft, bank-bill, or any other .paper , 
^Violations ofcurrcncy, of a less denomination than five dollars, and if any' 
randfir'uiTofre^ persou or corporation shall violate the provisions of this section, 
drcun'in^'*' ^'""the person so offending, or, in case of any corporation so offend- 
To b^ .fined, inor/ the officcrs of any such corporation for the time being, shall 

upon eonvictioD, , °,. , , ... ^ t •• i • r t • i • 

not exfteediagbe liable to indictmcnt by the grand jury of the county withm 
^' the District where the offence shall have been commiled ; and 

Diiipoiitioa 'of fl)^ person so offending, or the officers of the corporation so of- 
thafloe. fending, shall, on conviction thereof, be fined in a sum not ex- 

ceeding fifty dollars, at the discretion of the court, for every of- 
fence, one-half of said fine shall be paid to the prosecutor,^ he other 
half shall be for the use of the county where the offence shall have 
been committed : Provided y That should the prosecutor offer him- 
self, or be admitted, as a witness for the prosecution, he shall for- 
feit all claim to any part of the penalty ,and the whole shall go to the 
county, and the court shall give judgment accordingly ; and the 
person so offending, and the officers of any corporation, shall 
also be liable to pay the amount of. any note, bill, check, draft, 
or other paper, constituting part of such currency, to any holder 
thereof, with all costs incident to the protest and legal collection 
thereof, with fifty per cent, damages for non-payment on de- 
mand, to be recovered by action of debt; and in case of judg- 
ment for the plaintiff, execution thereon shall be had forthwith ; 
and it shall be the duty of the district attorney of the District of 
Columbia to commence prosecutions against all persons and eve- 
ry corporation offending against this section, of which he shall 
have knowledge or probable information ; and, in case of cor- 
porations, the prosecution shall be against the president or any 
director or cashier thereof, for the time being; and it shall be 
the duty of the grand jurors to present all such offences of which 
they shall have knowledge or probable information ; and, that 
no member of a grand jury shall be ignorant of his duty in this 
particular, it shall be the duty of the court having cognizance of 
' all offences against this section to give the same in charge to the 
grand juries at the commencement of the term after the passage 
of this act. 



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1838 Chap. 222—269. 2745 

^ 8. And be U furiher enacted, That from and after the J^»^:2;|;'«5 
fmssage of this act, it shall be unlawful for aoy individual, com- ^'^"^^'••^j^^ 
pany, or corporation, to issue, de novo, or knowingly to pass, oriofiytoWi*^- 
procure to be issued, passed or circulated, within the District iom°''uiu °'sS, 
aforesaid, any note« check, bank-bill, or other paper medium, o(\Ji^^ ai!d "ire^ 
the denomination afpresaid, evidently intended for common cir-l?j;;;f/S^*^Jg"^ 
' eolation, as for and in lieu of small change in gold or silver, o'^JhSj.J^SiJJJoa* 
for any other pretence whatever, and which shall be issued and iim ^p^i^jj" 
circulated for the fist time after the period above limited in thisSlifll^oiaf mcUw. 
-section, under the penalties provided in the foregoing section. 

Approved f July 1th, 1838. 

CHAP. 269. An act to revive with amendments, an Act to incorporate 
the Medical Society of the District of Col|imbia. 

^1. Beit enacted ^c, That Frederick May, M. D., Alex-^JJ^^May^tnd 
ander McWilliams, Henry Hunt, M. D., N. P. Causin, M. D.,ratS"aatfieMSS 
William Jones, Richmond Johnson, Thomas Sewall, M. D., DiiSS** VSJ 
George W. May, M. D., Nicholas W. Worthington, M. D.,*™**- 
James Reily M. D., James S. Gunnell, M. D., Harvey Lindsley, 
M. D., James C. Hall, M. D., Thomas Miller, M. D., James 
Borrows, M. D., A. McD. Davis, M. D., Benjamin King, M.D., 
Noble Young, M. D., H. F. Condict, M. D., W. B. Magrud^L 
M. D., Perry Warfield, M. D., J. B. Blake, M. D., and such otiK 
persons as they may, from time to time, elect, and their succes- 
aors, are hereby declared to be a community, corporation, and 
body politic, for ever, or until Congress shall by law, direct 
this charter to cease and to determine, by and under the name 
and title of the Medical Society of the Dirstrict of Columbia ; 
and by and under the same name and title they shall be able and 
capable in law to purchase, take, have, and enjoy, to them and 
their successors, in fee or for lease, estate or estates, any land, 
tenements, rents, annuities, chattels, bank stock, registered debts, 
or other public securities within the District, by the gift, bargain, 
sale, demise, or of any person, or persons, bodies politic, or cor- 
porate, capable to make the same, and the same, at their pleas- ^ 
ure, to alien, sell, transfer, or lease, and apply, to such purposes 
as they may adjudge most conducive to the promoting and dis- 
seminating medical and surgical knowledge, and for no other 
purpose whatever : Provided, nevertheless. That the said society ftw^o- 
or body politic shall not at any one time, hold or possess proper- 
ty real, personal, or mixed, exceeding in total value the sum of 
six thousand dollars per annum. 

^ 2. And be it further enacted. That the members, of thcmSiSo t?*^ 
said society above designated shall hold in the City of Washing-^*" ''"^ y**'- 
ton, two stated meetings in every year, viz : on the first Monday ^^^^^ ^ ^ 
in January and July ; the officers of- the society to consist of asocietj. 
President, two Vice Presidents, one Corresponding Secretary, 
one Recording Secretary, one Treasurer, and one Librarian, * 
^ho, shall be appointed on the first Monday in July, one thou- 
jaod eight hundred and thirty-eight, and on the annual meeting 



Digitized by VjOOQIC 



£74S 183B Chap. 269. 

in January for ever thereafter, and who ahall hold their offices 
for one year, and until others are chosen in their stead, (not less 
than seven members being present at such meeting; ) and the 
society may make a common seal, and may elect into their body 
such medical and chirurgical practitioners, within the District of 
Columbia, as they may deem qualified to become members of the 
society ; it being understood, that the officers of the society now* 
elected are to remain in office until the next election after the 
passage of this act. 
The loeiety ^ 3. And be U further enactedy That it shall and may be 
S^nl^en^ lawful for the said medical society, or any number of them at* 
tending, (not less than seven,) to elect by ballot five persons, 
residents of the District of Columbia, whose duty it shall be to 
grant licenses tQ such medical and chirurgical gentlemen as they 
may, upon a Cull examination, judge qualified, to practice the 
medical and chirurgical arts, or as may produce a diploma from 
some respectable medical college or society, each person so ob-* 
taining a certificate to pay a sum not exceeding ten dollars, to be 
fixed on or ascertained, by the society. 
Further refoia. ^ 4. And be U further enacted, That any three of the ex- 
adm!a£nLri^^aminers shall constitute a board for examining such candidates 
■ooetopracuce. ^g ^^y apply, and shall subscribe their names to each certifi- 
WXe by them granted, which certificate shall also be countersigned 
by the President of the society, and have the seal of the society 
affixed thereto by the Secretary, upon paying into the hands of 
the Treasury the sum of money to be ascertained as above by 
the Society; and any one of the said. examiners may grant a 
license to practice, until a board, in conformity to this act, can 
proTin. be held : Provided, That nothing herein contained shall author- 
ize the said corporation in any wise, to regulate the practice of 
medical or chirurgical attendance on such persons as may need 
those services, nor to establish or fix a tarifi* of charges or fees for 
medical attendance or advice, or ^o interfere, in any way, with 
charges or fees for medical attendance or advice. 
penonsnotei- ^ 5. And be it further enacted, That after the appointment 
'medkine^?^nn-of the aforcsaid medical board, no person, not heretofore a prac- 
G^ w%%Su.' titioner of medicine or surgery within the District of Columbia, 
shall be allowed to practice within the said District, in either 
of said branches, without first having obtained a license, testified 
as by this law directed, or the production of a diploma from a re* 
spectable medical college or a board of examiners established by 
Proriao. law : Provided, That the professors in such college, or the ex- 
aminers in such board, be men regularly instructed in medicine 
and surgery, and the collatteral branches of medical education, 
anatomy, chemistry, under the^ penalty of fifty dollars for each- 
offence, to be recovered in the county court, where he may reside, 
by bill of presentment and indictment ; one-half for the use of 
the society, and the other for that of the informer. 

^ 6. And be U further enacted, That every person who, up- 
on application, shall be elected a member of the medical socie- 



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1838 Chap. 269—274. 3747 

fy, shall pay a sum not exceeding ten dollars, to be ascertained ,^^*^ m«nbera 
by the society. ^d -'* *^^ ^ 

^ 7. ^nd he U further enacted^ That th6 medical society be, ^we^'or um 
and they are hereby, empowered, from time to tim^, to make^bw^^ '^ 
such by-laws, rules and regulations, as they may find requisite ;^«f»««toft 
which by-laws, rules, and regulations, shall, in their application 
and offeration, be exclusively confined to said society, as a soci- 
ety or body corporate, and not to its members indi?idually, 
when not acting in a corporate character; to break,, or alter . 
their common seal ; to fix the times and places for the meetings 
of the board of -examiners, filling up vacancies in the medical 
board, and to do and perform such other things as may be requi- 
site for carrying this act into execution, and which may not be re- 
pugnant to the constitution and laws of the United States : FrO' ptotIm. 
vided^ alwaysy That it shall and may be lawful for any person 
resident as aforesaid, and not prohibited as aforesaid, when spe* 
cially sept for, to come into any part of this District and admin- 
ister or presrit>e medicine, or perform any operation for the relief 
of suchi to whose assistance he may be sent for : And provided, Prariio. 
r lUeOy That nothing in. this act contained shall be so construed as 
to prevent any person, living within or without said District, 
from administering medicine, or performing any surgical operar 
tion,with the consent of the pers6n or the attendants of the person 
to whom such medicine is administered, or upon whom such sur- 
gical operation is performed, without fee or reward, nor to pre- 
vent the giving advice or assistance in any way to tlie sick, or 
afliicted, upon charity and kindness, nor to prevent the receipt of 
reward for the same, if voluntarily tendered or made, nor to ex- 
tend to midwifery by females ; and any persor», so administering 
medicine, or performing any surgical operation, not authorized to 
practice physic and surgery agreeably to the provisions of this 
act shall be prohibited from collecting any fee or reward for the 
same, by any process at law. And be U further provided^ That prorte. 
DO person shall be admitted to an examination, until he shall 
produce satisfactory evidence that he has studied pliysic and sur- 
gery three years, including one full course of medical lectures as 
usually taught at medical schools, or four years without such a 
course of lectures. ... 

^8. And be it further enacted, That Congress may, at any congwM mar 
time alter, amend, or annul, this act of incorporation of said so-|^,JJ^j**i JJJjf. 
«iety at pleasure. Approved, July 1th, 1838. "^ 

CHAP. 274. Ad act authorising the printing of the Madison papers. 

^ I. Beit enacted, SfC, That the joint committee on the Li- ThejoiatiibriH 
brary be authorized to cause the Madison papers* to be printed tTo^uad'to^haVJ 
and published ; and that a sum not e.\ceeding five thousand dol- |,e^.^*^''t^^|',|,S' 
laiB be appropriated for thai purpose out of any money in thej^'w^'''*^ 
TreasQcy not otherwise approriated. Approved, July 9th, 1838. 



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• 2748 1838 IIebolution«, 1—6. 

RESOLUTIONS. 

[No. l.*! Joint resolution, authorizing the Commissioner of the Public: 
Buildings to cause the removal of the walls of the Late Post Office 
Building. * 

Resolied by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the 
•i^ omRSiJ^ Commissioner of the Public buildings be, and he hereby is author- 
5i'i"iX iJ**?hJ '2®^ *"^ directed to cause the walls of the late Post office build- 
boitdifT"^ "^^ing to be taken down, and the materials secured for use in the 
dowD^le. construction of any of the public buildings authorized by law, 
and to which they may be advantageously applied ; and to de- 
^p«iM, h^'^fray the expenses of the work, he be authorized to apply any un- 
expended balances of appropriations in his hands, but not ex- 
ceeding in amount the sum of five hundred dollars. Approved, 
March I9th, 1838. 

[No. 2.] A resolution to authorize the Secretary of War to purchase 
a site for a fort at or near the western boundary of Arkansas. 

* ' ©•id™ f^^Mi Resolved, ^c. That out of the appropriation of fifty thoa- 
{Sj*V»ow"V^®*"^ dollars, made in the year eighteen hundred and thirty-six, 
propriat^ in to femove the United States troops from Fort Gibson, the Sec- 
tiMi>. 8. troopcretary of War be authorized and directed to take a sum not ex- 
ft?uw^po^!^'! ceeding fifteen thousand dollars to purchase for the United States 

a site for a fort at or near the western boundary of Arkansas. 

Approved, April Ath, 1838. 

^ • ' ■ ■ ■ - * 

[No. 4.] A resolutipn ^relating to the public revenue and dues to the 

Government 

be^SuJlbfejlireiS Bfisolved, SfC, That it shall not be lawful for the Secretary 
bilnch** of^'SU^^ the Treasury to make or continue in force, any general order, 
raranoe, aa to which shall crcatc any difference between the different branchetr 
Aa^mooeyofpay-^ji revcnuc, as to the money or medium of payment, in which 

debts or dues, accruing to the United States, may be paid. Ap' 

proved. May, Z\st, 1838. 

[No. 5.] Resolution to disapprove and disaffirm an act of the Legislative 
Council of the Wisconsin Territory chartering a bank. 

iSrfdiSS^! -RwolDed, ifc, That Congress do hereby, dissent from, disap^ 
andditaflrn tha' provc, and disaffirm the act of the Legislative Council of Wis- 
uuva ouvooif ofconsin, entitled *^ An act to incorporate the stockholders of the 
mu^1b;autoSute Bank, of Wisconsin at Prairie du Chien," a copy of which 
Bankof wfaooo-g^jj act has, during the present session of Congress, been pre- 
sented for its action,* and for confirmation or disapproval ; and 
the said act of the Legislative Council of the said Territory is 
hereby declared to be null and void, and to have no force or ef- 
fect, whatsoever as a law of the said Territory. Approved, June^ 
lith, 1838. 



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1838 ^Rbsolutions, 6, 7. 2749 

INo. &] Joint reaoiution m favor of the authorities of the city bf Savannah, 
in the State of Georgia. 

Reiolved, fyc. That the authoritiea of the city of Savannah, thJuS^'^of ST 
in the State of Georgia, be, and they are hereby, authorized to 2?;'toi*n|[i^^ 
re-open Reynolds and Wright streets, where they were closed by ~/*J~^'*«Ji 
Ibe works of Fort Wayne; and, also, to continue Bay street eontiDOB Btj 
through the lands belonging to the United. States in said city, '^'^ 
and which form the site of Fort Wayne. Approved, June 18/&, 
1838. / 



[No. 7.] A reaoiution for the benefit of the widows of certain revolutionary 
ofilcers and soldiers. - 

Resolved, fyc, That the benefits of the third section of an m'sJo^^a 
act eninled " An act granting half pay to widows or orphans Jjiy mm «;-•;*. 
where their husbands and fathers have died of wounds received whoM hwiMiiat 
in the military service of the United States in certain cases, and die tine* the !»•• 
for other purposes," approved the fourth day of July, eighteen "«•*'■**'* •**• 
hundred and thirty-six, shall not be Mlithheldffom any widow 
whose husband has died since the passage of the said act, or who 
shall hereafter die, if said widow shall otherwise be entitled to 
the same. Approved, July 1th, 1838. 



16 



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im ACTS OP THE TWENTY-FIFTH COJXG&ESS^ 

THE UNITED STATES ; 

Passed at the Third Session, which woas begun and held at 
the City qf Washington, in the Distriii of Columbia^ on 
^Monday, the third day qf December, one thousand eight 
. hundred 4md thirty^ght. 

Mabtiv Van Bubgn, PresideDt. Richau> M« JoaivsoVf Vice 
Preiideaty and Presiijeiit of (he Senaiie* Jams0 K. P<aucr 
Speaker of the House of Representatiref. 



CHAP. 276. An act to provide for carrying into effect the convention be^- 
tween the United States of America and the Republic of Texas for ■ 
marking the boundary between them. 

nieeonr. a&d ^ I. Be it snacted by the Senate and House of Representa*- 
mS^uU nnder tivss of the United States of America in Congress assembled,- 
£ramSoo,^d!di That the commissioner and surveyor to be appointed, on the 
&^!di!^wiKp&rtorthe United States, according to the first article of the 
SeSsmueT' ^^conventioD between the United States of America and the Re- 
^^^^^2l£Jooer*to P'*'^"^ ^^ Toxas for marking the boundary between them, conclu- 
te tppointed in ded April twenty-five, eighteen hundred and thirty-eight, be se- 
^^ ■MM ■»*»• ygfi^iiy appointed by the President of the United States, by 
and with the consent of the Senate, together with a clerk to the 
said commissioner, to be appointed in the same manner ; and 
that for the purpose of carrying into effect the said first article 
of said convention, there be appropriated, out of any money in 
AppniniatsoDt the Treasury not otherwise appropriated, the following sums : 
^maiaioiier'i For the Salary of the conunissioner, two thousand five hun-- 
-^' dred dollars; 

Bm i iujui's l For the salary of the surveyor, two thoasaoi 4Qlair8 ; 
"'laerk'snii^ FoT the Salary of the clerk, one thousand twto hundred dot- 
saiariM when ^^^^ • Pfot^ided, That the salaries of the said officers shall not 
to oommenM. commence until they shall be ordered into service. 

For other expenses of the survey of boundary required by 
said convention, including the purchase of instruments, wages to- 
persons employed, and other contingencies, ten thousand dol- 
krs* Approved, January llth, 1839. 



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1838. Ckai?. 277. • tfH 

(CMAP. SrM Mnmt U nmdnd ns Mt eotitfed *< Aa Mt t« ftqom the 
ixtdge of the dietriot of East aftd West TennesBee to hold a eourt at 
Jackson, kk said Staite,^' approred June eighteenti^ eighteen hnndred 
and thirtf-eight 

^1. Beit enacted, fyc, That to 4he counties specified in A«torimc 
ihe first section of the act to which this is an amendment, the SuaSSt^MS 
counties of Madison, Henderson, and Weakly, are hereby added ^^55»5li? 
to compose the district of West Tennessee, and the residue of 
the counties of the said State of Tennessee, formerly composing <^">Hy wtHK 
the district of West Tennessee, shall [compose one district, toSSSfioi u$Si 
be called the Middle District of Tennessee. ^^"^ 

^ 2. And.be it further enacted. That the court to beheld Tbecmirtiobe 
M Jackson, in addition to the ordinary jurisdiction and power of ^^^5J,*J^J^ 
.a district court, shall, within the limits of its district, have Juris- jjct com j«i* 
diction of all causes, except appeals and writs of error, which baVlTeinrt eoort 
now are, or hereafter may by law be, made cognizable in a cirTMiiw!*?i^irtW 
cuit court, and shall proceed therein in the same manner as a Sow."^^ 
icircuit court. 

^ 3. And be it further enacted, That the said court shall ^aia mvc m 
be held annually on the first Rfonday in April, at the town of JJ^^^JjJ^jJ 
Jackson, in the county of Madison, in said State, and all writs ^^ •^ ^•^' 
and other process may be returnable to such court on the first writs ■ndotibmr 
Monday in April, and also at rules on the first Monday in Octo- uStow : ^ '^ 
fcer, in the same manner as to the regular sessions of said court ; '^^^^^ 
und the said writs and other process may also bear test on the 
first Monday in October, as though a session of the court was 
jield on that day at Jackson ; and writs and other process issued 
previously to the first Monday in April next may bear test as on 
Ihe first Monday in October last. 

^ 4. And be it furtlter enacted, That the marshal appointed p^^M ■»!««* 
Ji>y virtue of the act to which this is an amendment, shall ew- JjJ^j ©^jj* 
jcute throughout his district all lawful precepts directed to him, ^ bj ▼fitue or 
itnd issued under the authority of the United States, and shall thhita^i^^^*^^ 
have the same power, perform the same duties, and be under "^ 
the same liabilities within his district as is Conferred by law upon 
the other marshals of the United States within their respective 
districts : Prodded, That the marshal of the Middle District, 
fortnerly termed the district of West Tennessee^ shall have pow- 
er and authority to collect the executions issued or to be issued 
u(>on judgofients and decrees heretofore rendered in the circuit 
court of the United States, at Nashville, and to serve and exe- 
icute all process necessary to enforce such judgments, orders, or 
decrees, as if this act, or the act to which this is an amendment, 
had not passed ; and all writs of scire facias and other process 
uponthe said judgments and decrees, or upon suits now peiitf* 
ing in said said circuit court, at Nashville, shall also be issued 
from said circuit court and returned to the same, to be proceed- 
ed in as would have been done before Ihe passage of said act tQ 
>irbic{i -this is an aowsudment. \ 



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2762 • 1839 Chap- 277—! 

ufToTrtiy'S § 5. And be U further enacted, That there shall be an ad- 
^JiS*SJJ?ifSjditional lerm of the circuit court for the Middle District held at 
ii4di&c Nashville, in each year, on the first Monday of March, which 

shall be held by the district judge of the United States for the 
tio?^^uw°uS^^® of Tennessee, and should any question of law be raised in 
miTUiSuii"Se*^"y causc, the Said district judge may at his discretion adjourit 
cause, d£. the cause to the succeeding term of the circuit court. 
iTsSJrdlcuu ^ ^- ^^^ ^ ^ further enacted, That the rules of the cir- 
c<>«««ij^w^Ten cuit courts of the United States in West Tennessee, heretofore 
forced ''^g^adopt^dy ^hall be in full forpe and effect in the court established 
b7lhlsac^ te. by this act, and the act to which this is an amendment, until the 

same are altered by law or by the judges of said court, 
a ^kijS^'wa*'**^ ^ ^* ^"^ ^^ ^ further enacted^ That all suits hereafter to 
%aii be broi^fatbe brought in either of the courts of the United Stales in the 
^^rtrictwhera State of Tcnncssee, not of a local nature, shall be brought io 
iidei*4c!^'Tfthe court of the district where the defendant resides or may be 
?efSda'mI° fSd found at the time of the service of the. writ; but if there be 
forent*diitfc°^e™^''® than ouc defendant, and they reside iadifierent districts, 
punuffmij sue the plaintiff may sue in either, and send a duplicate writ against 
' the defendant; directed to the marshal of the other district, oq 
which the plaintiff or his attorney shall endorse, that the writ 
thus sent is a copy of the writ sued out of the circuit or district 
court of the proper district ; and the said writs, when executed 
and returned into the office from which they issued, shall consti- 
tute one Quit, and be proceeded in accordingly : and executions 
may issue thereon to the marshals of either district where the 
defendant or defendants may reside, or their or either of their 
property may be situated. 
Aspeeuaterm ^ g. And be it further enacted^ That there shall be held at 
cuitcounfor die Knox ville, on the third , Monday of April next, a special term 
MMeetoteheu^of the circuit court of the United States for the District of East 
*^ " Tennessee, by th^ district judge . of said district at which term 

shall be heard and tried all issues and' matters cognizable at the 
regular term of said court. ^ 

The judges o( ^ 9. And he it further enacted, That the judges or some one 
co«m,' or Mj'if of them, of the circuit courts of the United States, shall have 
l!li?'Sere'^J?'°a power to direct said courts to be adjourned over, to some future 
eroSrliXeaMllt^^yj designated in a written order to the clerk of either of said 
Ae TOurtjrue?-^^**''*** whenever there is a dangerous and general disease at the 
ally houien, ed- place whcrc Said court is usually holden; and the adjournment 
to?*fil£ire^y,over, by the clerk, in the absence of the judges, shall have the 
^^ same force and effect as if the judges had been present. 

Approved, January \Sth, 1839. 

CHAP. 278. An act further to regulate the transportation of the mail 

PMunuter K'^n- ^ \, Be U enacted, ^c, That the Post Master General stall 
J[rtu*e**Jf the\u^hot, by virtue of the authority vested in him by the second sec- 
M» bTu'^tiia tion of the " Act to establish certain post routes and to discon* 
li£^ mtoll'uSS^iQU® others," approved Jaly seventh, eighteen hundred and thir- 

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1839 Chap. 278—294. 2753 

ty-eight, allbw more than three hundred dollars per mile per ^D'-SSi!' to^wj 
num to any rail-road company in the United States for the con-n|>>^«»p«oy, 
yeyance^of one or more daily mails upon their roads : Providtdy or coTSTmor! 
That nothing in this act contained shall be construed so as in any ^^^JX^' 
way to remove or impair the limitations upon the power of the 
Post Master General imposed by that section. Approved, Jan- 
uary25th, 1839. 

CHAP. 288. Ad act to amend, and carry into effect, the intention of an 
act entitled '< An act to renew the patent to Thomas Blanchard," ap- 
proved June thirthieth, eigteen hundred and thirty-four. 

^ 1. Be U enacted, fyc. That the rights secured to Thomas epSTto'^I^BkSr 
Blanchard, a citizen of the United States, by letters patent grant- JJfe'otirmotlSmh 
ed on the sixth of September, eighteen hundred and nineteen, ^g*^^;;;;,/^®*'* 
and afterwards on a corrected specification, on the twentieth day td ^ei£Itioo[ 
of January, anno Domini eighteen hundred and twenty, be grant- lon^^iM^^St 
ed to the said Blanchard, his heirs and assigns, for the further ^ndli^^^'^ 
term of fourteen years from the twentieth of January, eighteen ^^^^JJih ^'^ 
hundred and thirty-four, said invention so secured being describ- it34. 
ed in said last mentioned letters as an engine for turning or cut- 
ting irregular forms out of wood, iron, brass or other material 
which can be cut by ordinary tools : Provided, That all rights '*"*»**^ 
and privileges heretofore sold or granted by said patentee, to 
make, construct, use, or vend the said invention, and not forfeit- 
ed by the purchasers or grantees, shall inure to and be enjoyed 
by such purchasers or grantees respectively, as* fully and up- 
on the same conditions, during the period hereby granted, as 
for the term that did exist when such sale or grant was made. 

§2. And be %t further enacted, That any person <vho had JJJJ*^ Jj[j;j^ 
bona -fide, erected or constructed any manufacture or machine ?>rb««a««miro«t. 

m it . ..... ^ . IOC, any manamo- 

for the purpose of puttmg said mvention mto use, m any of itsmre, itc. for the 
modifications, or was so erecting or constructing any manufao ung^id'' bfen'l 
tare or machine for the purpose aforesaid, between the period oflJ^eenSe^Jirtoi 
Che expiration of the patent heretofore granted and the thirtieth ^J J,^J pJ^iJ^Js; 
day of June, one thousand eight hundred and thirty four, shall t^^^^^j Jown 
have and enjoy the right of using said invention in any such man- the right of wi^ 
ufacture or machine erected or erecting as aforesaid, in all res^- *^ '*'°*' 
pects as though this act bad not passed : Provided, That no per*- '"'^^ 
son shall be entitled to the right and privilege by this section 
granted, who has infringed the patent right and privilege hereto- 
fore granted, by actually using or vending said machine, before 
the expiration of said patent, without grant or license from said pa- 
tentee, or his assignees, to use and vend the same. Approved, 
February 6th, 1839. 

CHAP. 294. An act to reorganize the district courts of the United Statea 
in the State of Alabama. 

^1. Beit enacted, Sfc, That the State of Alabama shall be, Aiabima divu- 
and the same is hereby, divided into three districts, in the man-Sl^'' ^'^ ''^ 

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8754 1839-^Chap. 294. 

JgJJ^JJJjdSJJJner foUowiog, to wit : The Couoiies of Walker, Piokens, Sump*-. 

^.-coart wbe ter, Itf arengo, Green, Perry, Bibh, Autauga, Coosa, Tallapoosa,. 

ioo«». ' Chambers, Shelby, Jefferson, and Tuscaloosa, shall compose one- 

coanttai omb- district, to be Called the middle district; and a court shall be 

o^'^'dii^i'^'^theld Tor the said district at Tuscaloosa! The counties of Jack-. 

BaounUef'*' *^^n, Madisou, Limestone, Lauderdale, St. Clair, Marion, Pay^ 

ette, Randolph, Taladega, Franklin, Lawrence, Morgan, Benton, 

Marshal, De Kalb, Cherokee, and Blount, shall hereafter com^ 

pose one district, to be called the northern district ; and a court 

Tf^'thTso^.' shall be held for the same, as heretofore, at Huntsville ; and the 

to'Uheid*^^''csidueof the counties of said State shall hereafter compose the 

bile. southern district of Alabama ; and a court shall be held for the 

same, as heretofore, at Mobile. 

xy. B. jniic* fbr ^ ^' -^^ ^6 U further enacted, That there shall be two terma 

to tSiTaSSL'Sj ^f ^^^ district court for the middle district held at Tuscaloosa, 

**» ,^™^. «f in each year, to begin on the fourth Monday in May, and the^rst 

md aatborized Monday after the fourth Monday m November ; and the dia* 

^Md tpectai ^^j^j j^ jg^ ^j. ^^^ United States for the State of Alabama is here-. 

by required to hold the courts aforesaid ; and, furthermore, to 

hold one or more special terms, at Tuscaloosa in each year, if 

in his opinion, the business of the court shall require it to b6 

done. 

In MJJ^a^d'^^S ^ 3. -4»t<i be U further enacted, That the fourth Monday in 

^jjjJ^y^'^'^jMay, and first Monday after the fourth Monday in Novomber,iii 

NoTBinber to be each year, shall be return days for writs tind executions returna-- 

oMrt** IT/tum- ble to the said district court at Tuscaloosa; and the parties ta 

^''^' such suits as shall be so returned shall make up their pleadings^^ 

under such rules as the court shall prescribe, in order to have the 

causes so returned in a state of readiness for trial at the succeeds 

ing regular term. 

i4"?dSr«£I!lS ^ ^' -^**^ '^^ it further enacted, That all causes at law or in 

ihiitlJine or*"n ^^*^"^^''y' pending in the said district courts at Mobile and 

oirotth eoort at Huntsvillc, or in tne circuit court of the United States at Mobile, 

Miedviinda^'ie-in which the defendant or defendants resided in the middle dis- 

SSffatVa" u!SL" trict (as hereby established) at the time of serving process shall 

Sj^rto'iS troJSl'^® transferred for trial to the district court for the said middle 



•aUmSdiVdit**^'®^"^^' ^^^ be proceeded in, heard, adjudged, and determined, 
in the same manner as though originally .commenced or prose- 
ciorka of mid cutcd in the said court ; and it shall be the duty of the clerks of 
nitthe^^pln°ra^l)6 Said courts at Huntsville and Mobile safely to transmit to the 
Sf*4Srtt!t tm«- ^'^''^ °^ ^i*® district court at Tuscaloosa the original papers in all 
looia. cases hereby ordered to be transferred, together with a transcript 

of all orders and other proceedings had thereon. 
ia5*wt^a tobS ^ 5. And be U further enacted, That all suits hereafter to be 
Soua**if ibedli!^^^"?'^^ *" either of said courts, not of a local nature, shall b^ 
triei when itM brought Jq a court of iho district where the defendant resides; 
dtor^bnu iTmorebttt if thoro be more than one defendant, and they reside in dif* 
ut?an?thtyrelferent districts, the plaintiff may sue in either, and send dupli- 
dilui«s.*'"'^''thl ^^® ^"^ ^^ ^^^^* ^o *he other defendants ; on which the plaintiff 
jJ«*gU'«jg*wor his attorney shall endorse that the writ thos sent is a cdpy of 



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1^^ ChA».*94— «8. BfM 



* 



« Hfrk aoed (miC «)C a court of the proper district ; anS tbe nid 
writs, when executed and returned into tbe office frem which 
they issued, shall constitute^ one suit, and be proceeded in ac^ 
oordinglf. 

^ 6. And be U Jwtker enacted. That the judge of said dis- poi^cie^k % 
trict courts shall appoint a clerk of the district court of the mid- ^JJi^jJ^'jjJJjJJ' 
die district, who shall reside and keep his office, and the records J^';g;^*» ^ 
«mod documenta appertaining thereto, at the place of holding said 
courts said clerk shall be entitled to the same fees allowed by 
law to the clerks of the other districts of said State, perform the 
like duties, and be subject to the saipe liabilities and penalties* 

^ 7. And be it further enacted, That the district attorney of ^tjj^ !SS^ 
the northern, and the marshal of the southern^ district q( Alaba- tsd the Mmimi 
IDO shall recpectively perform the duties of the district attorney SSltrtet 'ti^^ 
and marshal of and for the. middle district hereby established ;[7^jjjj;y*^ 
ancP the said marshal shall keep an office at the city of Tusca- JJJjJ^'* ^JSt. 
loosa, and his charges for mileage in tbe execution of the duties 
of his office within said middle district sliall be computed from 
tbe said city of Tuscaloosa. ^^^^ ^ ^ 

^ 6. And be it further enacted. That the said district eourt for niddid ditiriet > 
the middle district of Alabama, in addition to the ordinary juris- ^^e^'t^artjuri^ 
diction and powers of a district court of the United States, shall, S?' J^„,?^;j 
"within the limits of said middle district, have jurisdiction of all jjJiJJ^JJ^ ^ 
"causes, except appeals and writs of error, which now are or here- pmi «dii wriwS 
-after may by law be made, cognizable in a circuit court of the*''^' 
United States, and shall proceed therein in the same manner as a 
circuit court. • ^ ^ 

^ 9. And he it further enacted, That appeals and writs of er- writ* or error, ^ 
•ror in the nature of appeals, shall lie and may be sued from the igu Muttt m^ 
said district court at Tuscaloosa to the circuit court of tbe United ^^^* 
States at Mobile in the State of Alabama. * in cm* of tiii 

^ 10. And be it further enacted, That should tbe judge of the fatiore ^ ^ 

^district courts aforesaid fail to attend at the time and place ofteriS!tohoid tho 

iioMing the court for the said middle district, at any one of itSmMdiedhitriotb!!^ 

terms aforesaid, before the close of the fourth day of any such fj^ 5bIIrt!Xerf 

terra, the business pending in such court shall stand adjourned JlJU^^^i^'Jla 

'to the next term thereof. MTtben^yt'unv. 

^11. And be it further enacted, That all laws contravening ^^ mTST 

'or opposed to tbe provisions of this act be, and the lacne •are *^^^ 

hereby repealed. Approved, February ^th, 1839* 



iiil i i m W nw tiwB 



'CHAP. 298. An act to prpvhia for the ipoation and tewporary mpj^f^ef 
the Saminols Indians remcwed foom FJoridA. 

4 1. 'Be it enacted tfc, That the President of the tTnited fitates <to,ost /nyg. 
^ and hereby is authorized to provide asuitable location, vilest oftblT^Mdim'S 
the States of Missouri or Arkansas, for the fSeminole India«isQn!!^^£.*^ 
who have been or may be removed from Florida-, and to pr^^We^'^jJJjjjj"' ^ 
for thetr support until they shall be removed to such ioeatioB^SMiaoiM. •«« 
«n4 that, for these purpoMs, the sum of leo thousand Mlars lM,^tlitimX' 
^Md 4he faiM is 1ieteb^'appino{niaied, to bb peM evt <^ imj 0m> 

Digitized by CjOOQ IC 



2r56 1839 Chap. 298—304. 

ney in th« Treasury not otherwise appropriated. Affrwtd, 
Februtu;», IZth, 1839. 

... - I. » . 11 t . -m 

CHAP. 301. An act to amend '' An act to reorganize the district conrta 
of the United States in the State of Mississippi," approved June eight- 
een, eighteen hundred and thirty-eight 

tho N. dbuiet of ^ I. BeU enacted f fyc, That th^ court of the northern dig- 
ifa^^'urfrdi^ioa trict of MississippI, besidcs the ordinary jurisdiction of a district 
mm"*^^ !oi court, shall have jurisdiction of all causes, except appeals and 
w isailiL *io°a ^"^* ^^ error, cognizable by law in a circuit court and shall pro- 
**S!f ^iJT"!!' ^ ^®^^ therein in the same manner as a circuit court. 
■idioff*iattiddit ^ 2. And be U further enacted, That the defendants resid- 
ml'^^' elreu^ >ng in saM nortbcm district shall not be sued in the circuit court 
JJ^*'iJf****"' held at Jackson, except in the cases and in the mode prescribed 
by the fourth section of the act to which this is an am^d- 

wriSr^of error^ <^ 3. And bc it furtheT enacted, That all appeals and writs 
^t^when'Vxer of crror from the decisions of the said district court, when exer- 
SirtpoweralhaH^'S'"?^'^® powcrs of a cirouit court, shall be directly to the Su- 
omnu Sut«r P^^™® Court of the United States, in the same manner and un- 
der the same limitations and restrictions that they are now allow- 
. ed by law from the circuit court. 
ib?*«";"i*dbl -^ 4. And be U further enacted, That the Marshal of the sev- 
iipU^aJdWon®''^' districts in the State of Mississippi, in addition to the sever- 
^^ nSi^^V ^^ ^^^^ ^^y" ^^^ allowed by law, may be authorized to sell pro- 
imT, 'aatborizaS pcrty at the court house of each county on Monday of each 
*^ SULn^hi week, and on the first and second days of each term of the district 
court ; that he may, at the written request of the defendent, change 
the sale of the property to the place where the United States court 
for his district is holden. Provided, in the opinion of the Mar- 
shal, the interest of the plaintiff would not be compromitted there- 
by. Approved, February 16th,'\8S9. 

CHAP. 304. An act to prohibit the giving or accepting, within the Dis- 
trict of Columbia, of a challenge to fight a duel, and for the punishment 
thereof. 

lAny p*tMta(ii>ai. ^ 1. BeUcnacted^ SfC, That if any person shall, in the Dis- 
inSSSin/ofd^ trict of Columbia, challenge another to fight a duel, or shall send 
. ISjIrVacSlJl-or deliver any written or verbal message, purporting or intended 
kSii^gw^nJ'^^ be such challenge, or shall accept any such challenge or mcs- 
iB( or |MiiT*ring gQge^ or ghall knowingly carry or deliver any such challenge or mes- 
knowingly ^7^ gago, or shall knowingly carry or deliver an acceptance of such 
ua^^e^M"^ challenge or message'to fight a duel in or out of the said District 
ackaiUniB^jo^^j such ducl shull be fought in or out of the said District, and 
2f^^^**'^/ either of the parties thereto shall be slain or mortally wounded io 
•1^' B«^ such duel, the surviving party to such duel, and every person 
Zub au othan carrying or delivering such challenge or message, or acceptance 
^r^Tte^M^ of such challenge or message as aforesaid, and all others aiding 
l^^'^^^ or abetting therein, shall be deemed guilty of felony, and upon 
ii^rilTm^^iua]^ conviction thereof, in any court competent to the trial, thereof, in 

^^ Digitized by CjOOQ IC 



FroTiao. 



1839 Chap. 30i ' 52787 

the said District, shall be punished by imprisonment and confine- J^SuSXdS 
roent to hard labor in the penitentiary, for a term not exceeding ^Jjj;"'?! **" 
ten years, in the discretion of the court. 

^ 2. And be it further enacted, That if any person shall give ^'XESSni^or 
or send, or ca\]se to be given or sent, to any person in the Dis-Jf^"* ^J ^n 
trict of Columbia, any challenge to fight a duel, or to- engage i^il^i^^iii^SSh 
single combat with any deadly or dangerous instrument or wea-orbeiDKthebear- 
pon whatever, or if any person m said District shbll accept any and auouwn aid- 
challenge to fight a*duel, or to engage in single combat with any tbSrein^^airbS 
deadly or dangerous instrument or weapon whatever, or s^all be .^^h'lrime L^^ 
the bearer of any such challenge, every person so giving or send-Jj'j™*^^ji^ 
ing, or causing to be given or sent, or accepting such challenge, jX^^nJ^ ^ 
or beinfi; the bearer thereof, and every person aiding or abetting confinement to 

, " . ,. ' • 1 I 11 1 ^ I 1 ^'hard labor, for 

in the giving, sending, or accepting such challenge, shaH be deem- not exceeding 9 
ed guilty of a high crime and misdeipeanor, and on conviction ^**^ 
thereof in any court competent to try the smae in the said Dis- 
trict, sKall be punished by imprisonment and confinement to 
hard labor in the penitentiary, for a term not exceeding five years 
in the discretion of the court. 

$ 3. And be it further ena^edy That if any person shall bs- niSiig^SSa^, 
saulty strike, beat, or wound, or cause to be assaulted, stricken, d?il!^°S;''^i!!^ 
beaten, or wounded, any person in the District of Columbia, forJiJ?/^ !SrickS 
declining or rcAising to accept any challenge to fight a duel., orJd'for'^d^fiS?^" 
to engage in single combat with any deadly or dangerous instru-or refucfDc to 

-. L . L 11 * UP L ^ L fight a duel, Ac. 

ment or weapon whatever, or shall post or publish, or cause to be or pubUahing or 
posted or published any writing charging any such person sode-jl^i^ch'm^ 
dining or refusing to accept any such challenge, to be a coward |^eS!'^ahau,''on 
or using any other appobrious or injurious language therein, SStahJS^by cJS^ 
tending to degrade and disgrace such person for so declining g^^^^n^^^^i^ 
or refusing such challenge, every person so ofiending, on con-ceedingsjears. 
viction thereof in any court competent to the trial thereof, in the 
said District, shall be punished by confinement to hard labor in i^^or^^rvi^^'a 
the penitentiarjr, for a term not exceeding three years, in the dis-h!|^J^**ieft thS 
cretion of the court. ' J5«^Jf«t ^Jtjpjj; 

^ 4. And bf it further enacted J That, if any person or persons »jj^»^*c.^^vj^ 
for the purpose of evading the provisions of this act, shall leave >ban be deemed 
the District of Columbia, by previous arrangement or concert mel^or! and rabl 
within the same, with intent to give or receive any such challenge jSiliue?iiift'he 
without said District, and shall give or receive any such challenge gJ^'SfSi \n\^ 
'accordingly, the person or persons so offending shall be deemed ^i*^^'* 
guilty of a misdemeanor, and be subject to the same penalties as vt^ion^^quu- 
if such challenge had been given and received within said dis- ImiMlce.^^to bTJ 

trirt ^^ <o further 

"^^* proceedlnga. 

^ 5. And be it further enacted, That every offender may 
plead a former conviction or acquittal for the same offence in any 
State or country ; and the same, being established, shall be a bar An:rp«n^n of- 
to any further proceedings against such person under the next {J5J*J^j„*«*{^^ 
preceding section of this act. • competent wh- 

^6. And be it further enacted. That any person offending enrXnuin/tn 
against the provisions of this act may be a competent witness actio?£!d *^* 
against any other person offending in the same transaction, and '^"'^ ^ *'*• 

17 Digitized by Google 



2758 1839 Chap. 304— 306. 

SdfSStbeijaWe'n^y* ^^ ^^6 discretioD of the court, be eompelled to give evidence 

to^proaecutions, before any grand jury, or on any irial in court ; but the person so 

^ . . testifying shall not thereafter be liable to prosecution for the same 

Grand jury to ^^ •' • ° in, . . *^i , • ^ ■ . . 

be sworn faithful, matter, nor shall the testimony so given be used agam^ |iim m 
]7toen*(^?r"?nto any case whatsoever. I 

mont'mScS'of'iH ^ 7. Afid bc U fwther enacted, That in addition to the oath ' 

iSI^iSn ***""' now prescribed by law to be administered to the grand jury in ! 

the District of Columbia, they shall be sworn faithfully and im- 
. partially to inquire into, and true presentment make of, all of-* 

fences against this act. Approved^ February 20^A, 1839. 

CHAP. 305. An act to amend an act entitled " An act to establish a crim- 
in oaaa of ina- Inai court ID the District of Columbia.*' 

tfao?rrmil!l1^un ^ 1. S| if enacted J fyc.^ That whenever the judge of the 
2r4te/>difS*fSaid crimraal court, from sickness, or any other legal cause, shall 
lSii"''hoid*^"he*'^® unable to hold the said court, he shall give notice thereof to 
aSTifhl bj**""'^'*^ ^^^^^ judge (rf the circuit court of the District of Columbia, 
preyeoted, ?h^ who, if uot prevented by sickness or other legal cause, on receiv- 
jSdJe' "*"**"* ing such notice, shall hold the said court during the temporary 
inability of the judge of the said court; and if the chief judge 
of the said circuit court shall not be able to hold the said crimi- 
nal court, then the senior assistant judge of the said circuit court 
pr^eU b^l tJ."' shall hold the same. 

theludM."""^ ^^ ^ 2. And be it further enacted, That all writs and process 
which shall issue from the said court, shall be tested in the name 
Thejadge, cot of the judgc of the said court. 
"JimTna^miue^! ^ 3. And be U /wtkcr enacted, That the judge of the said 
Sf'Sr^'powi"^^"*'^ shall, out of court, in all criminal matters, and breaches of 
▼OTtedin iho u.ihe peace and good behavior, have and exercise all the powers 

8. circuit court , . ^ i.i . . /.iTT*irM *• 

and the judges by law vcstcd iti the circuit court of the United States, and the 

"^ ' ^ judges thereof, and which were vested by the acts establishing 

the circuit court of the District of Columbia, and judges of ihe 

The Judge toaarnp i 

take an oath ofS*"'®* ^ 

?52";¥pra"*^ '^ 4. And be it further enacted, That the judge of the said "♦ ' 

Md.^yaffl^^""^^"^^ ^^"""^ shall take the oath of office, provided by law to be 

iitration of buai- takcu by thfe judgcs of the circuit court of the District ofCoIum- 

M^t^t^ Sa°ve\he bia ; and shall have power to make all needful rules of practice 

STJndgSr^ofthJfor the orderly and speedy administration of the business of the 

wqlfrlS"* ^same, as he shall deem expedient, not inconsistent with the laws 

and Constitution of the United States -, and the said court is 

hereby authorized to provide a seal for the same ; and he shall 

have the same power and authority as is exercised by the judges 

of the circuit court of the District of Columbia, to require beiil 

in all cases when by l^w bail may be required. 

In order 10 pre- ^ 5. And be it furthcT enacted. In order to prevent the delay 

tol^conflMmeiu!and loug Confinement in the jails of said District, of prisoners 

*''' sentenced to be executed, or to the penitentiary, when the party 

claims the right to have the^ sentence suspended, to give an op- 

Au writiofw-portunity of applying for a writ of error : Be it enacted, That 

jS^St***oif* the all writs of error which may be granted to the judgment of the 

•uhl?r"iouS?y'*ticriminalcourtof either county, shall ba returned to the circuit 



Digitized by CjOOQIC 



1839— ^— Chap. 305. 2769 

court which may be in session, or to the next circuit court ^hich^j^^|°'^^^'^« 
may be held at the stated times fixed by law for the meeting of «e«iioD, or, a^c 
the s^me ; and that so much of the fifth section of the act estab-sthfortb^ forl^r 
lishing the criminal court as requires the writ of error to be re-li^Jit^^^] 
turned to the circuit court of the county in which said judg-"**"^®**- 
ment may be rendered, be, and the same is hereby repealed. — eu^^^^ ^^ 
The judgment of the circuit court shall be certified to the clerk ceVtTfiodTfeierk 
of the criminal court, and preserved among the original papers**^ "*"""**'*"*' 

■n *h*» nnat> Dayi on which 

m me case. the criminal court 

^ 6. And be it further enacted, That the said criminal court ^'^^^J^;;J{°«*«; 
for Washington county, in said District, shall hereafter com-*"W, 
mertce and be held on. the last Monday in December and on the 
second Monday in March and the fourth Monday o^ October, 
instead of the first Monday in December and the first Monday 
in March and the first Slonday of September, the days now fix- wmMpI^" dT 
ed by law for holding three of the terms of said court. All pro-'^ttUbe retumal 
cess whatsoever now issued, or which may be issued in the prescdbedby th» 
county of Washington, in said District, returnable to the days '^^ 
now fixed by law for said county, shall be returnable and return- 
ed on the days prescribed by this statute. tiJn ^^Iha^'uyo 

^ 7. And be U further enacted, That if, after the said court -hoiw ^ SkS 
shall have commenced its session, the judge should be taken sick, at^onc?] ^^cbrk 
so as not to be able to continue the session of the court from wan*ftim'day^w 
day to day until the business of the term is disposed of, it shall t*okranurhe 2 
be| lawful for him, or in his absence for the clerk of the said Jh^^bwJjJJ"* ^ 
court to adjourn the same from day to day or week to week un- * "" '**"'' 
til* such time as he shall be able to attend to the business of the Batif thi««ick- 
said court when the same shall be resumed as if the session had ufnTer than°"a 
not been interrupted. But if the sickness of the said judge shall ]S3°y*'„*f^**p.^il[ 
continue longer than the space of one month, then the chief ^jjjj* rtaii con- 
jUdge of the circuit court of the District of Columbia shall hold and io caa^^n"« 
the said court and continue the session ; and if the said chiefio?^"*'^*utiftant 
judge shall be unable from sickness or other disability to hold the^"******' 
said court then the senior assistant judge of the said circuit court 

shall hold the same. an^^ftha*'***'^*" 

^ 8. And be it further enacted. That in any case wherein the So reiati^"VhJ 
parties or any of them may be related to the said judge of theJaafLur^myte 
criminal court, then such case and the record thereof may beJirouHcrt.fo?tS 
sent to the next circuit court of the District of Colunibia for the JJPJ ^^^ **' 
county in whicht he said case shall have arisen, to be there tried 
and determined, and sentened passed and executed, as if this act ' 
and the act to which this is supplemental had never been passed. aii caiMn&e, 
^ 9. And be it further enacted, That all causes, indictments, ^n«'for^vLhiSJ: 
writs, process, and proceedings which were pending in the crim- MSnZ5*''of"i>Jj! 
inal court of the district of Columbia for the county of Wash- |j»* «jjj«'«>^bii 
ington, at the time appointed by law for holding a session there- are rovivedrTein" 
of on the first Monday of December last past or which were re-Jr'Siodoverto^hJ 
turnable to the session of said court which ought to have been JS'nto'^oida'o 
holden on said first Monday of December, shall be, and the same MaSi^St*^ ""' 
are hereby, revived, reinstated, and continued over to the next 
stated session of said court for said county, to be holden on the 

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2760 1839 Chap. 306—310. 

second Monday of March next, in the same manner and condi^ 
tion, and the same further proceedings may be had therein as 
if a session of the said court had been held, according to law, on 
the said firat Monday of December, and as if a regular continu- 
ance of all said causes, indictments, writs, process, and proceed- 
ings, had been .duly entered upon the records of the said court. 

Approved^ February 20(&, 1839. 



CHAP. 309. An act to abolish imprisonment for debt in certain < 

fordXrlSSSbS ^ I » Beit enacted, ^c. That no person shall be imprisoned for 

pa prooen Ufa- debt iu aov State, on process issuing out o/ a court of the Unit- 
ing out of a u,s. ,^ •'iiii f t u^ \ ' . i- 
court, in ■uieted States, ^where. by the laws of such otate, imprisonment for 

rboibhed b^ the debt has been abolished ; and where by the laws of a State,, im- 

w?!7e itT/aii?^ prisonment for debt shall W allowed, under certain conditions 

!!l'n!itH]2[.r!?*i?and restrictions, the same conditions and restrictions shall be ap- 

eoDditioM and n- ' . . *. i xt • t 

j||^^<oi»> the piicable to the process issuing out of the courts of the United 
^ibi^.'^-e. '^^ *' States ; and the same proceedings shall be hdd therein, as are 
ai.^^t**p/"^' ** adopted in the courts of such Slate. Approved^ February 28th, 
» 1839. 

CHAP. 310. An act in amendment of the acte respecting the Judicial 
System of the United States. 

u wuiiM eom- ^1. Be U etMicted, ^c.| That where, in any suit at bw or in 
SiurtrVhei^thew equity, commenced in any court of the United Stales, there 
MtTM^ifwhSi*'^*^'' ^^ severalj defendants, any one or more of whom shall not 
h^bf ^^ ^ ^o' ^^ inhabitants of or found within the district where the suit is 
foun^ within' i£ brought or shall not voluntarily appear thereto, it shall be lawful 
a"it"i brong'htr^ for thc court to entertain jurisdiction, and proceed to the trial and 
riiyl?SJarlSro" adjudication of such suit, between the parties who may be propj 
MuSii?ju?i3K ^''^y before it ; but the judgment or decree rendered therein shall 
tioa,aDd proceed Qot concludc or prcjudice other parties, not regularly served witli 

to the trial anc ^i^'i • 1 i.i 

aAjadioation ofproccss, or not Voluntarily appearing to answer; and the non- 
thetait,but,tc.j^j^j^^ of parties who are not so inhabitants, or found within the 
district, shall constitute no matter of abatement, or other obje.c- 
tion to said suit. 
^ 2. And be it further enacted^ Ttmt all the circuit courts of 
ment of etor^'^in the United Statcs shall have the appointment of their own clerks ; 
circuit^courtt u. ^^j j^ ^^^ ^j. ^ disagreement between the judges the appoint- 
ment shall be made by the presiding judge of the court. 
peeuniarv pen- ^3. And be U furthMT tnacted. That all pecuniary penalties 
m!rae''erL')[unVand forfciturcs accruing under the laws of the United States 
wheii* fjed^' tor* may be sued for and recovered in any court of competent juris- 
and recotered. Jiction in the State or district where such penalties or forfeitures 
have accrued, or in which the offender or offenders may be 
found. 
No soiu and ^ 4. And be it further enacted. That no suit or prosecution 
S!iunfain^ %ur shall be maintained, for any penalty or forfeiture, pecuniary or 
ffit!JjIi~a<SrJui£ otherwise, accruing under the laws or the United States, unless 
S?'*%liiII **Iom- ^^^ ^^^ ®"'^ ^^ prosecution shall be commenced within five 

Digitized by CjOOQIC 



1839 Chap. 310. 2761 



within 



yoan. 



yenn from the time when the penalty or forfeiture accrued ; ^^ 
Fromded, The person of the offender or the property liable for ^»»v^* 
8ae|i penalty or forfeiture shall, within the same period, be found 
within the United States ; so that the proper process may be in- 
stituted and served against such person or property therefor.. 

§ 5. And be U further enacted, That the punishment of whip- JZ^^Ji 
fiog and ponishment of standiug in the pillory, so far as they *^S£^J\f^ 
DOW are provided for by the laws of the United States, be, and ^^^^ ^ 
the same are hereby, abolished. doHM. 



^ 6. And he it further enacted, That, in all cases of recogniz- tb« fc iMtw ot 
ances in criminal causes taken for, or in, or returnable to, the wSSmT"^ 



courts of the United SMes, which shall be fof feited by a breach ^^tambiT tS 
of the condition thereof, the said court for or in which the same STy'u^ieSSIJl 
shall be so taken, or to which the same shall be returnable, shall 5j^^*»^~j'*»J^» 
b^ve authority in their discretion lo remit the whole or a pttft-wiMo. 
of the penalty^ whenever it shall appear to the court that there 
has been no wilful default of the parties, and that a trial can not- 
withstanding be had in the cause, and that public justice does 
not otlierwise require the same penalty to be exacted or enforc- 
ed. 

9d 8*0. MiSOlk 

^ 7. And be it further enacted, That the second section of the |ij"iJ2J!; d2Si' 
act of Congress, passed the twenty-ninth day of April, one thou- «f the jfj^^ 
and eight hundred and two, which makes it the duty of the as- ^HmConnntC 
flociate justice of the Supreme Court, resident in the fourth cir- ^roait" ^m. 
cait, to attend in the city of Washington, on the first Monday of 
August annually, to make orders respecting the business of the 
Supreme Court, be, and the same is, hereby, repealed. 

^ a And be it further enacted, That in all suits and actions uil'to^VS^eYr-" 
in any circuit court of the United States in which it shall appear JJ^Ji^JJJi^^jJ; 
thif both the judges thereof or the judge thereof, who is solely jiu^cm «'• inaor 
competent by law to try the same, shall be any ways concerned A^of mIT^cm 
in interest therein, Or shall have been of counsel for either party , pikSlum Ir •!?£ 
oris, or are so related to or connected with either party as toJi^^JJ^^j^^^JU 
render it improper for him or them, in his or their opinion, to sit JJSJ^oTti^o^ 
in th( trial of such suit or action, it shall be the duty of such ««i n»u u or- 
judge or judges, on application of either party, to cause the fact theDUoa\td"e^pT 
to be entered on the records of the court ; and also to make an th^'^i^^i^p 
order that an authenticated copy thereof, with all the proceedings JJliSu^tonSIt 
in such suit or action, shall be forthwith certified to the most con- oonfeoienteiicuit 

OOVft ill thiB IMZt 

venieot circuit court in the ne.xt adjacent State, or in the next adjaMot tut* or 
adjacent circuit ; which circuit court shall, upon such record and Mur7^llau^tak• 
order being filed with the clerk thereof, take cognizance thereof Sffi*"™'**^''' 
in the same manner as if such suit or action had been rightfully 
and originally commenced therein, and shall proceed to hear aifd 
determuie the same accordingly, and the proper process for the 
due execution of the judgment or decree rendered therein, shall 
ran into and may be executed in the district where such judg- 
ment or decree was rendered, and ^also, into the district from 
which such suit or action was removed. Approved, February 
fi»fc, 1839. 



Digitized by CjOOQIC 



area i839 — Chap. 311—347. 

CHAP. 311. An act to revise and extend " An act to authorize the issu. 
ing of Treasury notes to meet fthe current expenses of the Grovern- 
ment," approved the twenty-first of May, eighteen hundred and thirty- 
eight . 
Act of 1838, c, § I- Beii enacted, fyc, That the Secretary of the Treasury, 
"^r^Jt^y IP'ilh the approbation of the President of the United States, is 
tto?ifuS?SSi- '^'^'^y awtfcorized to cause to be issued the remainder of (he 
dMt, MtboriMd Treasury notes authorized to be issued by the act to authorize 
^SITay'tiiiM pri- the issuing of Treasury notes to meet the current expenses of 
Of to aoth Jane jjjg GoTerument," approved the twenty-first day of May, eight 



next, tka remain 
der ofthe Tree* 
wf Bolefl author 



der of the Trew-ggu hundfod and thirty-eight, according to the provisions of said 



Mk ^^^^^^^ ^^ ^^y ^i^® P*"^*^ ^^ ^^^ thirtieth daCLji>f June next, any limi- 
^ tation in the act aforesaid or in the act^o authorize the issuing 

of Treasury notes," approved the twelfth day of October, eight- 
een hundred and thirty-seven to the contrary notwithstanding. 

' Approved, March 2d, 1839. 

CHAP. 346. An act to authorize the construction or certain improve-r 
ments in the Territory of Wisconsin and for other purposps. 

■unroyanduiee- ^ I. Be U enccted. frc. That for the further survey and esti* 
^D( and conDMt. mate of the cost of improving the navigation of the Neenah and' 
!£wi»oiuiin^ Wisconsin rivers and connecting the same by a navigable canal 
or communication, two thousand dollars, be and the same are 
hereby appropriated ; and that the following sums of money be^ 
and the same are hereby, appropriated for the construction of 
lAppropriationa roads in the Territory of Wisconsin, to wit : 
aLciDebr'jue? For the construction of a rpad from Racine, by Janesville, ta 
^n!>£ swEblir- Sinipee, on the Mississippi, ten thousand dollars ; 
bortoDekorree. For the survcy and construction of a road from Sauk harbor, 
on Lake Michigan, to Dekorree,.on the Wisconsin river, Jve 

vtom Fond do ^'^^"^^'^ doUars ; * 

vacMjTwLiakt For the construction of a road from Fond du Lac, on lake 
to wrecoorinriT- \yjnnebago, by Fox lake, to the Wisconsin river, five thousand 
JSSaS^S dollars. 

a raihSld to bl ^ 2. Aud be it Jurther enacted, That the sum of two tbou- 
wj^ed^to^ JSS ^^^^ dollars, appropriated by the act of the seventh of July, 
road from Mil- eighteen hundred and thirty-eight, entitled " An act making ap* 
w le to ® pipQpfiations for certain roads in the Territory of Wisconsin" for 
a rail-road, shall be applied by the Secretary of War to the sur- 
vey of the most eligible route for a rail-road from the town of 
Milwaukie, on Lake Michigan, to such a point on the Mississip- 
pi river as may be deemed most expedient, pproved, March 
3d, 1839. 

1 -^ ' 

CHAP. 347. An act to repeal the second section of " An act to extend 
the time for locating Virginia military laild warrants and retuoaing sur- 
veys thereon to the General Land Office," approved July seventh, eight- 
176, ame p. 3891*. een hundred and thirty-eight. 

2d Mc. act 7tii ^ J» BeU enacted, fyc. 'That the second section of "An act to 
July laas, repeal- Q^QQd ^^g ^j^j^ fo^ locating Virginia military land warrants and 

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1839 Chap. 347—351. 2re3 

retariring surveys thereon to the General Land office" approved / 

July seventh, eighteen hundred and thirty-eight, be, and the same 
is hereby repealed. Approved^ March 3d, 1839. 

Act of 18^ c. 

CHAP. 31S. An act for the relief of umbrella-makers. ^?of \Sa 'iJ' 

<^ 1. ^Be it enacted, 'SfC, That there shall bd refunded out of iu^en^ or 
th« Vreastiilr, to such umbrella-makers as have imported umbrel-wo'^d1£?Te^b^^ 
h-stretchers since the passage of the act entitled '^ An act to aW^^-^gof lom 
ter and amend the several acts imposing duties oo imports/' ap-^li'^a'^JTuS 
proved the fourteenth day of July, A. D. eighteen hundred and Ju^tilSS **^en 
thirty-two, all excess of duty, beyond what such importers would g^ndcd^^ in 
have been required to Ufff, if the provisoes contained in the tenth tiMLBemuiacT 
and twelfth clauses of tte second section or said act had at aIlut'^aS^iiutS[ 
times since its passage been suspended iri their operation in the J^qu^nt °mS 
same manner as they were suspended by the act of the second of^ JJ^^^'JJJJJ^J; 
March, A. D. eighteen hun'dred and thirty-three, entitled "An «>«t "™»>«**^ 
act to explam and amend the several acts imposing duties on im-ted umbrella- 
ports, passed the fourteenth ' of July, one thousand eight hun-ui« vuSig^ Vr 
dred and thirty-two, so fer as relates to hardware and certain isk ^^^' 
manufactures of copper and' brass and other articles," and by 
other subsequent acts of like character Approved, March Zd, 

CHAP. 351. An act making a donation of land to the Territory of Iowa, 
for the purpose of erecting public buildinga thereon* 

Y^. Se <U enacted, fyc, That there be, and heraby 
' 18, appropriated an<Pgranted to the Territory of Iowa, one en-jjy« ^f^ ^ 
lire section of land, of any of the surveyed public lands in saidiowaioMheerec- 

f mw* e t^ r II A* # .» « tioo tbereoD of 

Territory, for the purpose of erecting thereon the puSlic build- pubuc buudinga 
in|l' for the use of the Executive and Legislative departments of l^d^^^dlluvS 
the Government of the said Territory :^ Provided, That the said fSTlSJSJ^. ""^ 
section of land shaU be selected under the authority of the Tfer- ^*™^*~- 
ritorial Legislature, the seat of Government located thereon, and 
notice of said selection oiBcially returned to the registlft of the 
land office in the district in which the land is situated- within one 
year from the passing of this act: And provided, further, That Purtherproviad. 
nothing herein contained shall authorize the selection of the six- 
teenth section in* any township reserved for the use of schools, 
nor of any lot reserved for public purposes ; and that in the se- 
lection to be made as aforesaid, no pre-existing improvement or 
right to pre-emption recognized by laWj shall be prejudiijed there-' 
by. • 

^3. And be it farther enacted, Thff^it, at the time of the TheieetioMor 
selection of the section of land to be made as aforesaid, the coi-i^^aid^'wetioDt 
tiguomipections thereto have not been made subject to public ^^***'*"^"*» 
sale, or being so subject have not been sold at public sale or by 
, private entry, then each and every section contiguous to said se- 
*lected section, and not so sold, shall be thereafter reserved and 
withheld from sale in any ra|U|er, until the further order of Con- 



' raau^r, until the further order ofCon- 

^y •■ Digitized by CjOOQ IC 



2764 1839-^6hap. 361—354 

jjjjj^^^gress thereon. Bat nothing herein ezpresBed shall be constraed 
?'"^ ■?S^**'^*r to restrain the said Territory of Iowa, after appropriating a suffi- . 

is more than tm- , , ^, i.i. >• i m * ^ ,^ , * 

flcij^t for the cient quantity of land Within said selecled section for the site 

•aid. °^ ^'and accommodation of the pnblic buildings, from selling and dia*' 

posing of the residue of said section in lots or otherwise, for the 

use of said Territory, in the erection and coofplc^tion of said 

*" buildings. Approved, March d4, 1839.* 

: % :^ — 

CHAP. 353. An act Ranting to the judges of the supreme courts oflowa 
the same compeuMitioo' as by law is given to the judges. of the supreme 
court of Wisconisin. 

Fromeommence. ^1. Be U enocted, SfC.f That from and after the comdience- 

S^ter ^ aiiOT Rient of the next Quarter, after the pas#|(e of this act, the judges 

pMBBge of thto^f ji^g supreme court of. the Territory of Iowa shall receive Uie 

same salary as is now received l;>y the judges of the Territory of 

Wisconsin. Approvedy March Sd* 1839, 

■ . *^ , 1— < ■ 

CHAP. 354. An act to provide for taking the sixth census or enumeration 
23, ptMi, p. ' ' ' of the inhabitants of the United States. 

Manb^oi die- ^ I. Be U enoded, ^c, That the marshals of the several dis* 
SStatonSoYiS-'tricts of the United States, and of the District gf Columbia, aad 
SwiJi^to^SSia^'^ the Territories of Wisconsin, Iowa, and of Florida, respective- 
inh*wnS«tobe'y> shall bc, and are hereby, required, under the direction of the 
uken uBder the Secretary of the Department of State, abd according to such in- 

directloni of Sec. • ' i i n • . . ^ i 

of State, (omit- structions as he shall give, pursuant to this act, to cause the 
JlSwd!)****^ "**'nuniber of the inhabitants within their respective districts and 
« t^ritories (omiting, ifi such enumeration, Indi^A not^ taxed) to 
u5S^2l?^ '°be taken according to the directions of tfi«^ act. The said en«- • 
whiteiiof meration shall distinguish the sexes of all free white persons, and 
' age8*of fte free White males and females, respectively, under five 
years of age ; those of five and under ten years of age ; ttlDse 
of ten years and under fifteen ; those of fifteen and under twen- 
ty ; those of twenty and under thirty ; those of thirty and under 
forty ; those of forty and under fifty ; , those of fifty and uiider 
sixty ; Idose of sixty and under seventy ; those of seventy and 
under eighty ; those of eighty and under, ninety ; those of nine- 
ty and under one hundred ; those of one hundred and upwards : 
and shall further distinguish the number of those free white per- 
sons included in sudk enumeration who are deaf and dumb, un- 
der the age of fourteen years ; and those of the age of fourteen 
years and under twenty-five ; and of the age of twenty-five anS 
upwards ; and shall further distinguish the number of those free 
BUnd. y^hite persons included in such enumeration who are blind : and 

^"•■•■^•*>**- also in like manner of ^hose who are insane, or idiots, distin- 
^ishing further such oi the insane and idiots as are a public 
charge. The said enumeration shall distii^uish the sejps of all * 
ofcoic^ipd. j.^^^ colored persons, and of all other colored persons oound to 
Affeand KxofService for life or for a term of years and the ages of such firee 
free and slaves, j^^d Other colorcd pcrsous, respectively, of ^ch sex, under ten* 
years of age ; those of ten and^yider twenty-four ; those of 

* Digitized by Google 



Age and sex. 



Deaf and dumb. 



1839 Chap. 354. 2765 

tweoty-four and umler thirty-six ; those of thiriy-six and under 
fifty-five ; those of ififty-five, and under one hundred : and those 
of one hondred and upwards: and shall further distinguish the dmt and dwb. 
number of those free colored and other colored persons included 
in the foregoing who are deaf and dumb, without regard to age, 
and those who are blind and also in like manner of those who BUnd. 
are insane or idiots, distinguishing further'such of the insane and. 
idiote as acg a F#lic charge. For efTecting which the marshals ^S^jdi*^!^ 
aforesaid shall have power, and are hereby required, \d appoint JPf^'"* . ■■*'" 
one or more assistants in each city and county in their respective 
districts and territories, residents of such city or county for 
which they shall be appoint^ : and shall assign to each of the 
said assistants a certain division of territory ; which division imintnnti' tiw 
shall not consist, in any case, of more than one county, but "nay^tiJSfiy'deSed!*^ 
inelude one or more towns, townships, wards, hundreds, pre- 
cincts, or parishes, and shall be plainly and distinctly bounded. 
The said enumeration shall be made by an actual inquiry by 
doch marshals or assistants, at every dwelling house, or by per- 
gonal inquiry of the head of every family. The marshals and the ^^ enmiwa- 
assistants shall, respectively, before entering on the performance go^ to be ^Bwde 
of their dut^ under this act, take and subscribe an oath oraf-ry. **^ ^^^' 
ftrmation before some judge or justice of the peace resident with- aaJteuSuTto tS£a 
in their respective districts or territories, for the fciihful perform- *°°****'**^* 
Bnce of their duties. The oath or affirmation of iho marshal p^rm of mar- 
shall be as follows : " I, A B, marshal of the district (or terri-«*«^*»o^^ 

tory) of , do solemnly swear (or affirm) that I will truly 

and faithfully cause to be made a full and perfect enumeration 
and description of all' persons resident within my district, (ifr 
territory,) and return the same to the Secretary of State, agree- 
ably to the directions of an act of Congress entitled ' An act 
to provide for. taking the sixth census or enumeratioMbf the in- 
fa^itants of the United States,' according to the best of my abil- 
ity." The oath or affirmation of an assistant shall bo as follows : ponnof aMist- 
"I, A B, appointed an assistant to the marshal of the district (or*^^'**^^' 

territory) of ^^ do solemnly swear (or affirm) that I will 

make a just, faithful, and perfect enumeration and description of 
ail persons resident within the division assigned to me for that 

purpose by the marshal of the district (or territory) of , 

and make due return thereof to the said marshal, agreeably to 
the directions of an act of Congress entitled * An act to provide 
for taking the sixth census or enumeration of the inhabitants of 
••the United States,' according to the best of my ability, and that 
I will take the said enumeration and'descriplion by actual inqui- 
ry at every dwelling house within said division, or personal in- 
quiry of the head of every family, and not otherwise." The enu- Enunieiation to 
meration shall commence on the. first* clay in June, in the y^a^j^^^J^^^Jj} 
one thousand eight hundred and forty, and shall be coraMiiUd close* in ' \en 



5 seVera' 



and closed within ten calendar months thereafter. The ?^eral °^°»* 
assistants shall, within nine months, and on or before the first in^fiJ^h^^a^d 
Sblj of October, one thousand eight hundred and fOTTy, dehvqrfJ^'J^^'^taJI^ 
to the marshals by whom they shall be appointed, respectively, 
18 

Digitized by CjOOQ IC 



2766 1839 Chap- 354. 

two copies of the accurate returns of all persons, except Indians 
not taxed, to be enumerated as aforesaid, within their respective 
Form of return, divisions ; which returns shall be made in a schedule, and which 
shall distinguish, in each county, city, town, township, ward, pre- 
cinct, hundred, district, or parish, according to the civil divi- 
sions of the States or Territories, respectively, the several famil- 
ies, by the name of the head thereof. 
J^r^^ ^ 2. 4nd be it further enacted, That every assiAant, failing 
rjtani bj aaii*- ^^ neglecting to make a proper return, or making a false return, 
of the enumeration to the marshal, within the time limited by 
this act, shall forfeit the sum of two hundred dollars, re- 
coverable in the manner pointed out in the next section here- 
^of. 
ManhiOstofiie ^ 3. And be it further enacted, That the marshal shall file 
t^raa*'^^^ ^one copy of each of the several returns aforesaid, and al80,.an 
J|J*^,^^^e attested copy of the aggregate amount hereinafter directed to be 
Mjgy^J^^J transmitted by them, respectively, .to the Secretary of State, 
dittxictB. vvith the clerks of their respective districts or superior courts, as 

the case may be, who are hereby directed to receive, and care- 
wHh^eTof »£« fully to preserve, the same ; and the marshals, respectively, 
by irt Dec 1840. g},a||^ q^ q^ bcforc the first day qf December, in the year one 
thousand eight hundred and forty, transmit to the Secretary of 
State one copy* of the several returns received from each assist- 
ant, and also the aggregate amount of each description of per- 
neSSu^*^^ "^sons within their respective districts or territories; and every 
marshal failing to file the returns of his assistants, or the returns 
of any of them, with the clerks of the respective courts, as afore- 
said, or failing to return one copy of the several returns received 
from each assistant, and, also, the aggregate amount of each 
descripti^ of persons in their respective {districts or territories, 
as required by this act, and as the same shall appear from sa^d 
returns, to the Secretary of State, within the time -litnited by tnis 
poifeituTM *^^» shall, for every. such ofience, forfeit the sum of one thousand 
peeroabie dollars ; wliich forfeiture shall be recoverable in the courts of the 
^ are cominit- districts OT territories where the said offences shall be committed, 
*^'**' . or within the circuit courts held within the same, by action of 
One half to the debt, information, or indictment ; .the one-half tliereof to the use 
iBfoimer, unie«, ^f ^^q United States, and the other half to the informer ; but 
where the prosecution shall be first instituted on behalf of the 
United States, the whole shall accrue to their use ; and, for the 
J^ta^dS^. n^ore effectual discovery of such offences, the judges of the sev- 
IS jSdgJfSSi ®™' district courts in the several districts, and of the supreme 
SS^^d^^**'^ in the territories of the United States, as aforesaid, at their 
jurjM-andeaiuenext scssion to be held after the expiration of the time allowed 
udbe'^^h^for making the returns of^e enumeration hereby directed to.the 
Secnstary of State, shall give this act in charge to the grand ju- 
ries in ^heir respective courts, and shall cause the returns of the 
cieiti, within*®^®"*' assistants, and the said attested copy of the aggregate 
90 daTi after amount, to be laid before them for the^r inspection. And tHb 
"'"™'g!Sd^. respective clerks of the said courts, shall, witfiin thirty daysaf- 



Digitized by CjOOQIC 



1839 Chap. 354 2767 



let the said original returns shall have been laid before the grand ^^^ ^ th« 
juries aforesaid, transmit and deliver all such original returns, 80^p<- of suto. 
filed to the Department of State. 

^4. And be U further enacted. That every assistant shall re- oi?**"^*°^"**°* 
ceive at the rate of two dollars for every hundred persons by him 
returned^ where such persons reside in the country ; and where 
such persons reside in a city or town containing more than three 
thousand persons, such assistant shall receive at the same rate 
for three thousand, and at the rate of two dollars for every three 
hundred persons over, three thousand, residing in such city or 
town ; but where, from the dispersed situation of the inhabitants 
in some divisions, two dollars will not be sufficient for one hun* 
dred persons, the marshals, with the approbation of the judges of 
their respective districts or territories, may make such further al- 
lowance to the assistant in such divisions as shall be deemed an 
adequate compensation : Provided^ The same does not exceed ptotIm^ 
two dollars and fifty^cents, for every fffty persons by them return- ^n. 
ed : Provided, further y That before any assistant as aforesaid,. pe^~»«<** 
shall, in any case, be entitled to receive said compensation, he^^^^ con- 
shall take and subscribe the following oath or affirmation, before"^ 
some judge or justice of the peace, authorized to administer the poim or oaAu 
same, to wit : <*I, A B, do solemnly swear (or affirm) that the • 
number of persons set forth in the return made by me, agreeably 
to the provision of the act entitled < An act to provide for taking 
the sixth census or enumeration of the inhabitants of the United 
States,' have been ascertained by an actual inquiry at every dwel- 
ling house, or a persona) inquiry of the head of every family, in 
exact conformity with the provisions of said act; and that I have 
in every respect, fulfilled the duties required of me by said act, 
to the best of my abilities ; and that the return aforesaid is . 
correct and true, according to the best of my knowledge and 
b^ef." 

The compensation of the several marshals shall be as fol- 



lows: ^"^•"^ 

.The marshal of the disrrict of Maine, four hundred dollars ; Mame. 

The marshal of the district of New Hampshire, four hundred n. h. 
dollars ; 

The marshal of the district of Massachusetts, four hundred and Ma«, 
fifty dollars ; 

The marshal of the district of Rhode Island, two hundred and ill. 
fifty dollars ; 

The marshal of the district of Vermont, four hundred dol- 
lars; yf 

The marshal of the district of Connecticut, three hundred and oono, 
fifty dollars ; 

The marshal of the southern district of New York, four hun- n. y. s.di«t. 
dred and fifty dollars ; . * 

The marshal of the northern district of New York, four hun- N.r.N.diat. 
dred and fifty dollars ; 

The marshal of the district of New Jersey, three hundred and n. j. 
fifty dollars ; 



Digitized by CjOOQIC 



SreS 1839 Chap. 354. 

F».B.diic 7|,e mar^al of the eastern district of PeDnsylvania, four hun« 

dred dollars ; 
pa.w.dist. The marshal of the western district of Penesytrania, fourboa- 

dred dollars ; 
Dd* The marshal of the district of Delaware, two hundred and 

twenty-five dollars ; 
^^- The marshal of the district of Maryland, four, hundred and 

fifty dollars ; 
va. E, diit. The marshal of the eastern district of Virginia, four hundred 

dollars ; 
va^w.Diit. The marshal of the western district of Virginia, four hundred 

dollars ; 
^^ The marshal of the district of Kentucky, four hundred and 

fifty dollars ; 
N.o. The marshal of the distfict of North Carolina, four hundred 

and fifty dollars ; 
s. c. The marshal of the district of South Carolina, four hundred 

and fifty dollars ; 
Q^ The marshal of the district of Georgia, four hundred and fifty 

dollars; 
£«Teiin. The marshal of the district of East Tennessee, two hundred 

dollars ; 
w.Ttan. The marshal of the district of West Tennessee, two hundred 

dollars; 
Tann. H. Diet. The marshal of the middle district of Tennessee, two hundred 

dollars ; 
oiiio. The marshal of the district of Ohio, five hundred dollars ; 

ij^^ The marshal of the district of Indiana, four hundred and fifty 

dollars ; 
in. The marshal of the district of Illinois, three hundred dot 

lars; 
iciM. N. Diit. The marshal of the northern district of Mississippi, two hiib- 

dred dollars ; 
.MiM.B.Diit, The marshal of the southern district of Mississippi, two hun- 
dred dollars ; 
^** The marshals of the districts of Louisiana, two hundred dol- 

lars each ; 
Ai.N.Dbt. The marshal of the northern district of Alabama, two hundred 

dollars ; 
Ai. 8. ifiit. The marshal of the southern district of Alabama, two hundred 

dollars ; 
D. c. The marshal of the District of Columbia, one hundred and fifty 

dollars ; 
Midi. ' The marshal of the district of Michigan, two hundred and fifty 

dollars ; 
Atk. The marshal of the district of Arkansas, two hundred and &% 

dollars; 

ri. TJhe marshals of the territory of Florida, respectively, fifty 

dollars ; 



Digitized by CjOOQIC 



1839 Chap. 354. 2769 

The marshals of the Territory of WiscoDiin^ two hundred and wu, 
fifty dollars ; \ 

The marshals of the Territory of Iowa, two hundred and fifty lo^^ 
, doUars, 

^ 5. And be it further enacted y That every person whose usu- Modaofratam. 
al place of abode shall be in any family on the said first day odm^^*"^ ^" 
Jane, one thousand eight hundred and forty, shall be returned 
as of such family; and the name of every person who shall be an 
inhabitant of any district or Territory, without a settled plaee of 
lesidence, shall be inserted in the column of the schedule which 
18 allotted for the heads of families in the division where he or 
she shall be on the said first day of January, and every person % 

occasionally absent at the time of enumeration, as belonging to 
the place in which he or she usually resides in the Unitet) States. 

^ 6. And be it further enacted, That each and every free Ev«ry h- p«rMa 
person more than sixteen years of age, whether heads of families leTtog^/^afo?' 
or not, belonging to any family within any division, district or JSty or ^r^' 
Territory, made or established within the United States, shall be 
and hereby is, obliged to render to the assistant of the division, 
if required, a true account, to the best of his or her knowledge, 
of every person belonging to such family^ respectively, according 
to the several descriptions aforesaid, on pain of forfeiting twenty how rtoownd 
dolhrs, to be sued for and recovered in any action of debt, by *w»<»ivo»dof, 
sQch ^assistant ; the one-half to his own use and the other half to 
die use of the United States. 

4 7. And be it further enacted, That each and every assist- „^*!?;!21'l!!!j 

. f'l* '• ■ iiiji "P* correct eopy 

ant, previous to makmg his return to the marshal, shall cause A^*°i^f'°'**^\]J^ 
correct copy, signed by himself, of the schedule containing theucpiacuT ' 
number of inhabitants .within his division, to be set up at two of 
the most public places within the same, there to remain for the 
inspection of all concerned ; for each of which copies the ^^^ ^^^^^^ 
amstant shall be entitled to receive five dollars : Provided, Proof FroTiM. 
of the schedule having been set up shall be transmitted to the 
marshal, with the return of the number of persons ; and in case 
any assistant shall fail to make such proof to the marshal, with 
the return of the number of persons, as aforesaid, he shall forfeit 
the compensation allowed him by this act. 

^ 8. And be it further enacted^ That the Secretary of State sac. of stat* to 
•hall be, and hereby is, authorized and required to transmit to the £bf j^uuS^ 
marshals of the several districts and Territories, regulations and ^^S^^^^"^ 
instructions, pursuant to this act, for carrying the same into ef- 
fect; and, also, the forms contained therein of the schedule to 
be returned, and such other forms as may be necessary in carry- 
ing this act into execution, and proper interrogatories to be ad- 
ministered by the several persons to be employed in taking the 
enumeration. 

^ 9. And be it further enacted, That, in those States. ^wajre^e.,- 
composing two districts, where a part of a county may be in ihairbeioDc' to ^ 
each district, such county shall be considered as belonging . to Jjlj co wt hSS 
that district in which the court house of said county may be sit- >'« 
uate. 



Digitized by CjOOQIC 



2770 1839 Chap. 364. 

DMui^aitoJISi ^ ^^' ^^ ** ^ further enacted ^ That in all cases where tlie 
[?°MrtftijiM««h superficial content of any coanty or parish shall exceed 
twenty miles square, and the number of inhabitants in said par- 
ish or county shall not exceed three thousand, the marshals or 
assistants shall be allowed with the approbation of the judges of 
the respective districts or territories such further compensation 
. proTiM. as shall be deemed reasonable : Provided^ The same does not 
exceed four dollars for every fifty persons by them returned; and 
when any such county or parish shall exceed forty miles square, 
and the number of inhabitants in the same shall not exceed three 
thousand, a like allowance shall be made, not to exceed six dol* 
looooeo iMof '*'* '^^ every fifty persons so returned, 
the'ac^i^ie tt> ^11. And be it further enacted, That when the aforesaid 
prJni?n°to cod^ enumeration shall be completed and returned to the ofl&ce of the 
•"^ Secretary of State by the marshals of the States and Territories, 

' he shall direct the printers to Congress to print, for the use of 
Proviio • mar- C^^g^'^ss, tcu thousand copics of the aggregate returns received 
■halt not 'to do- from thc marshals : And provided. That if any marshal, in any 
Sraaiy'or'^l^dih district within the United States or Territories, shall, directly or 
w2Sd, &!.'flS5 indirectly, ask, demand, or receive, or contract to receive, of 
p^iatMTSy them^ ^"^ assistants to be appointed by hio^nder this act, any fee, 
reward, -or compensation, for the appointment of such assistant 
to discharge the duties required of such assistant under this act, 
or shall retain from such assistant any portion of the compensa- 
tion allowed to the assistant by this act, the said marshal shall 
Pboaity for m ^ dcomcd guilty of a misdemeanor in office, and shall forfeit and 
1***°L^^r*'®'TP'^y ^b^ amount of five hundred dollars for each offence, to be 

to be recoveied ■ ^ , . , -. . . . ... - 

anddiapoMdof, rocovercd by suit or mdictment \h any circuit or district court of 
the United States or the Territories thereof, one-half to the use 
of the Government, and the other half to the informer ; and all 
contracts which may be made in violation of this law, shall be 
void, and all sums of money or property paid, may be recovered 
^ back by the party paying the same, in any court having jurisdic- 

tion of the same. 

aiiSiSf tto^oi! ^ ^^- ^^^ ** ^ further enacted, That there shall bo al- 

a^ iaeurro/aa- lowed and paid to the marshals of the several States, Territories, 

^"^ and the District of Columbia, the amount of postage by them 

respectively paid on letters relating to their duties under this act. 

A eMitu of ^ 13. And be it further enacted, That the aforesaid mar- 
poDiiioDoiB tobeg|j^]g 2qJ their assistants shall also* take a census of all persons 
receiving pensions from the United States for revolutionary or 
WMt^nT*!!""'*!! '""'^^''y services, stating their names and ages : and also shall 
view of the pur- coIlcct and retum in statistical tables under proper heads accord- 
!di!£ition"fS'ra'ing to such forms as shall be furnished, all such information in 
^^ to ^b!<^6l&t>on ^^ mines, agriculture, commerce, manufactures, and 
ooueottd, schools, as will exhibit a full view of the pursuits, industry, edu- 

Formi. recnia- ^**^" ^^^ rcsourccs of the couutry, as shall be directed by the 
tl^ «2^|^^""^P»"e8ident of the United States. And it shall be the duty of the 
pared by 8^/*'!^ Sotrctftry of State, under the direction of the President, to pre- 



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r 



1839 Chap. 364—355. 2771 



pare such forms, regulations, and instructions, as shall be neces-^^ ^^ ^ 
sary and proper to comply with the provisions of this act. Prwidwit, "^ 

^ 14. And he it further enacted, That the sum of twenty p,JgSj;* ■'^"^ 
thousand dollars is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the purpose of carrying 
this act into effect. Approved, March 3c/, 1839. 

CHAP. 355. An Act to amend the act of the third of March, eighteen 
hundred and thirty-seven, entitled " An act supplementary to the act 
entitled * An act to amend the judicial system of the United States,' and^^t ofirar.e. 

/* t .« «Wi TOl. 4« p. 

for other purposes." -. 9538. 

^ 1 . Beit enacted, SfC, That it shall be the duty of the dis- p,,t, ^„^ ^^ 
trict judge of Missouri to attend at St. Louis, on the first Mon- JJ|J2'if^5j^"i|l 
day of October annually, who shall have power to make all ne- «■ on itt mooa^j 
cessary orders touching any suit, action, appeal, writ of error, to iiake '^S* U^ 



process, pleadings, or proceedings returned to the circuit court, t!!S!\lg *^u! 
or depending therein, preparatoiy to the hearing, trial, or deci- J^^J^^JjJJ^^^ 
8ion of such action, suit, appeal, jvrit of error, process, plead- 
ings, or proceedings; and all writs and process may be return- An writa ud 
able to the said courts on the first Monday of October, in the uiTSSie to bIm 
same manner as to the sessions of the circuit courts directed to be ^*^ 
held by the said act of third March, eighteen hundred and thirty- „„^7^^ 
seven ; and the said writs returnable to the circuit courts may octobw. 
also bear test on the said first Monday of October, as though a 
session of said court was holden on that day. 

^ 2. And be it further enacted, That the district court of the nttt. oonrt for 
United States for the district of East Tennessee shall, hereafter, h^kta^*oa3dMj^ 
be holden on tfie third Monday of October in each year, instead '^y**^^*****' 
of the second Monday of October, as now prescribed by law-; 
and that the district court of the Middle District of Tennessee MWdie "^jSJitrfS 
shall be holden on the-first Mondays of March and September, in JJ^S^ "> 'J 
exkch year ; and all causes and processes shall be continued over, M&rch and sep- ' 
and be returnable to, the respective terms of said courts as here-^^AuU!^^'^^ 
by established ; and said courts shall be holden at the places now ^^reTHTfLabhTto 
prescribed by law, and exercise all the powers and jurisdiction "*"'•"*•• 
they now enjoy. 

^ 3. And be it further enacted, That from and after the first ne^'^SJJSf/™ 
day of June next the circuit court of the United States for the |^ s.^dirt^^ ai. 
southern district of Alabama shall commence its terms on the se- on 2d Monday of 
cond Monday of March and the fourth Monday of November, inSS^/of n^ 
each and every year ; and the circuit court for the eastern district ^^ireuft court 
of Louisiana shall commence its terms on the first Monday of (^\'|;f^^'*^ 
April and the third Monday of December in each and every year ; fi^^j^j^^ 
and all writs, pleas, suits, recognizances, indictments and ^H":^^^ ^ * 
other proceedings, civil and criminal, shall be heard, tried and to ^ .p^''^^^ 
proceeded with by said court, at the times herein fixed, in the ^dWoTmAde, 
same manner as if no change in the times of holding said courts 
had taken place. 

^ 4. And be it further enacted, That the circuit and district ^^SJjJ^JJ^^^iS; 
courts of the United States for the district of Michigan, shall be gj»^[^ Jjw « 
held at Detroit, on the second Monday of October, instead of Monday of oct 



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2772 1839^ — Chap. 365. 

WTit% piraBf the first Monday in November, as heretofore established ; and 
f^dedinuiF^that all writs, pleas, suits, recognisances, indicUnenlB and all 
ohafl««iiMi *>«*"Q|^^f proceedings, civil and criminal, shall be heard, tried, and 
proceeded with by the said court, at the times herein fixed, in the 
same manner as if no change in the times of holding the said 
court had taken place. 
DM. ^^ur^j!^^ ^ 5. And be it further enacted, That the district court of the 
At^Litti^iu^k'on United States for the district of Arkansas, shall be held at Little 
c£t.SS^Jy. ''^Rock on the first Monday of October, instead of the first Mon- 
Sfl? piS?ed2i day in November annually as heretofore established ; and that all 
ii?bMnSSS*w"^^> pleas, suits, recognizances, indictments, and all other pro- 
ceedings, civil and criminal, shall be heard, tried, and proceed- 
ed with by the said court, at the times herein fixed, in the same 
manner as if no change in the times of holding the said court had 
taken place. 
iJ'S'dw.n^y! ^ 6- ^»»^ &« it further enacted, That the circuit court of the 
lis** wumSlj ul United States for the southern district of New York, shall here- 
Nov. after be held on the last Monday in November instead of the last 

VH.M Monday in October, the time heretofore established by law ; that 
inftimti^T"^ all indictments, informations, suits or actions, and proceedings of 
fni'&^w'wurt every kind, whether of a civil or criminal nature, depending in 
Si"b?p*roS?Jd: the said court, on the first day of October next, shall thereafter 
chw«chii*beeS***.^® ^"^ *" court, and be proceeded in, heard, tried, and deler- 
made,^ ^'^ mined, at the time herein appointed for holding the said court, in 
the same manner as they might and ought to have been done had 
the said court been holden at the time heretofore directed by law. 
*^ whSlTeJ?* '^ "^^ And be it further enacted, That all writs, suits, actions 
SS**&i**dSIu'*be ^^ recognizances, or orther proceedings . which are or shall be, 
return^bie^to^toi. instituted, gcrved, commenced, or taken to the said Circuit Court 
tfate^aa^a«^f nolo have been holden as heretofore directed by law, shall be re- 
^t ***** ^° turnable to, entered in, heard, tried, and have day in court, to be 
holden at the time by this act directed, in the same manner as 
might and ought to have been done had the said court been hold- 
en at the time heretofore directed by law. 
cjerk diittict ^ 8. And be it further enacted, That it shall be the duty of 
Y,*to trentmit i the clcrk of the district court of the southern district of New 
^itou*?F'«lfYork, within six months after the passage of this act, to transmit 
l3ita^"t'OT° till- a certified copy of the dockets of all judgments rendered in that 
JaprSS'iowl*" t ^*^"'^ ^^ '" ^^® circuit court of the United States for that district, 
N,T. since the fourth day of March, eighteen hundred and twenty- 

nine, to the clerk of the supreme court of said stale, in the city 
laSj^JaofpSSfof New York ; and 6u tho tenth and twenty-fifth days of each 
month thereafter, to transmit a like certificate of all dockets of 
judgments as may have been rendered in either of said courts 
since the last certificate was transmitted. 
N. Y. to'irani^ ^ 9. And bc it furthcr enacted. That it shall be the duty of 
wp7 of a^'judff- th6 clerk of the northern district of said State within six months 
&*°dock'euId"!^after the passage of this act to transmit a certified copy of all 
M*idtat?or**crr- J*^^o"™^"^s rendered and docketed in that court, either as a dis- 
liiUu^coon to ^"^^ court, or as a circuit court, and of all judgments in the circuit 



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r- 



1639 Chap. 855—366. 2773 

court of. the United States for that district, docketed since the ^^^^ atuifST* 
fourth day of March, eighteen hundred and twenty -nine to the ^^ *^" 
derk of the supreme court of said State at Utica; and on the of ^84o. e, », 
tenth and twenty-fifth days of each month thereafter, to transmit'*^"'*' 
a like certificate of all ^uch dockets of judgments as may have 
been rendered in either of said courts since the last certificate 
was transmitted. 

^10. And be ii further enacted, That eyery judgment which Jadcmentt which 
shall have been rendered either in the district or cimit courts !*»'''' J^'^^tu 
aforesaid, previous to the passage of this act, shall, as against ^^i^f^^'^j;^". 
subsequent purchasers or incumbrances, cease to be a lien upon!"'*'.'"«"™'»i"* 
the real estate or chattels reol of the person or persons against |i«n »Aer s veart 
whom such judgments may have been rendered respectively, at a'cC aulT VJe 
the expiration of five years from the passage of this act ; and ev-^'iS^l^n"^^ 
ery judgment to be hereafter rendered in either of said courts, RVp2l[iSi?'Aci"Sf 
shall, as against subsequent purchasers or incumbrances, cease to^^^i<'* ^> p^*^ 
be a lien upon the real estate or chattels real of any person or per- 
^sons against whom each judgment shall be rendered at the expira- 
tion of ten yetfts, from and after the day of docketing such judg- 
ments respectively. Approved March Sd, 1839. 

CHAP. 356. An act making appropriations for the civil and diplomatic 
expenses of Government for the year eighteen hundred and thirty-nine. 

^ 2. And be it further enacted, That from apd after the pas- Mo°ey paid t« 
sage of this act, all money paid to any collector of the customs, ^nr^u^^ 
or to any person acting; as such, for unascertained duties or for t^iD^'d^duue^^or 
duties paid under protest against the rate or amount of duties prolrat^^^i^hTilt 
charged, shall be placed to the credit of the Treasurer of the £*p,SS'\o' ore- 
United Slates, kept and disposed of as all other money paid for J/' ^ 2?T*t 
duties is required by law, or by regulation of the Treasury De- jj^j^di^wd^of 
partment to be placed to the credit of said Treasurer, kept and^Wd for^du- 
disposed of ; and shall not be held by the said collector, or per- ^' 
son acting as such, to await any ascertainment of duties, or the 
result of any litigation in relation to the rate or amount of duty 
legally chargeable and collectable in any case where money is so 
paid ; but whenever it shall be shown to the satisfaction of the 
Secretary of the Treasury, that in any case of unascertained du- u 52ji 2?JhS^ 
ties or duties paid under protest more money has been paid tOoVs^^rJ^'i^ 
the collector or persDU acting as such than the law requires {SS^'^^n^^^^iS 
should have been paid, it shall be his duty to draw his warrant '^^J^^^^j^j^^^i 
upon the Treasurer in favor of the person or persons entitled to|r*w%pon tL 
the over-payment, directing the said Treasurer to refund the dilr^him to^n- 
same out of any money in the Treasury not otherwise appropri'^'^Mfr iSSe^'c 
ated. '^P^ 

<^ 3. And be it further enacted^ That no officer in any branch -^^^^o^ pereon, 
of the public service, or any other person whose, salaries, or OT^t^ktmema 
whose pay or emoluments is or are fixed by law and regulations, ^^n^hi^i^^ 
shall receive any extra allowance or compensation in any form ^^"ffiUJjj""^ 
whatever for the disbursement of public money, or the por- S^iS2"p""a*2 
formance of any other service, unless the said extra allowance or^>»>rt3idbr i^w*^ 

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2771 . 1839 Chap. 356— 357. 

offlS?othwuJIS^°"^P®"^^^*^'^ ^ authorized by law; nor shall any executive of- 
the heada of de- ficer, Other than the heads of departments, apply more than thir- 

partmeiiUt, ■hall _', ,, ^.i*^ » JT^ \ , .. 

apply inore than ty dollars,.annualIy, out of the contmeent fund under his con- 

•30 annually, oat / , ^ '^ - -" ..^^ «. • j- i *U-.- 

of contingent (rol, to pay for newspapers, pamphlets, (>eriodicais, or other 
pw'^'^n'Jt'nel books or prints not necessary for the business of his office. 
buXioFhia^^f- Approved, March 3d, 1839. 

flee. _______^ 

CHAP. 357. An act for the relief of the Bfothertown Indians, in the Ter- 
* ritory of Wisconsin. 

A certain town- ^ ^' BcU enactcdy fyc.y That the township of land contain- 
Sn^ihe^^wBi^Bidf *°^ twenty-three thousand and forty acres, lying on the east side 
uke wi?nc£^o, of Wiuncbago lake, in the Territory of Wisconsin, which, by 
may be' drJided the proviso of a treaty made with the Menomonie Indians on the 
?!dSSffl'^of*1ho seventeenth February, eighteen hundred and thirty-one, and ra- 
SSiTnrhiid rifled on the ninth July 1832, was reserved for the use of the 
?/ itnT^v^Siiy Brotherton or Brothertown Indians, and which by a subsequent 
tofeeaimpie. treaty with the Menomonie tribe, bearing date 27th October 
1832, and ratified 13th March 1833, was furthe^secured to the 
said Brothertown Indians, may be partitioned and divided among 
the different individuals composing~'said tribe of Brothertown In- 
dians, and may be held by them separately and severally in fee 
simple, after such division shall have been made in the manner 
hereafter mentioned. 
Said division to '^2. And be U further enac/«rf. That, for the purpose of 
bSard of comLi.* making partition and division of said lands among the individuals 
■"^^'aM to con. ^''s^'^d tribe of Brothertown Indians, a board of commissioners 
.1.1 of flve^nhe shall be constituted, to consist of five of the principal or head 



principal men o. r -j ^ •• • • ^ ■ i .. • • 

•wtrib^ma-men of said tribe, a n^jonty of whom shall constitute a quorum 
i^L*the**3iit to do business, whose duty it shall be to make a just and^ fair 
^^how to be partition and division of said lands among the members of said 
tribe, or among such of them as, by the laws and customs and 
regulations of said tribe, are entitled to the same, and in such 
proportions and in such manner as shall be consistent with equi- 
ty and justice, and in accordance with the existing laws, cus- 
toms, usages, Of agreements of said tribe. 
A meeting to ^ ^' ^^^ *« i^ further enacted, That, for the purpose of 
Sfecuon if'.Lid ^'®c^'"g or choosittg said board of commissioners, a meeting of 

whl^^'whJrr?''' ^"^ ^''''" ^^ ^^^^ *' ^'^^'■' ^•'"''^*^' ^^ principal place, on 
Tote. ^ the reservation of land aforesaid, on the first Monday in July 
, next, at which all the male members of said tribe over the age 
of twenty-one years shall be allowed to vote for such commis- 
sioners ; and the said five commissioners shall then and there be 
chosen or elected by the said tribe, by a majority of the whde 

diSaS'^hich "V"™'?®'' ^^. ^^^^ y^*®" ^^^^ present. And the judge of the dis- 
fheundsareait- trict in which said lands are situated (or in his absence the re- 
ab8en^^he vl gistcr of the land office at Green Bay, or the commanding officer 
E,ortheJom^of ^he United States troops at Fort Howard) shall attend at the 
STor'f'HSw^d^™® ^^^ P'ace aforesaid, and preside at said meeting, superin- 
K:t"i2dJm?Sr-^^"l*''®f*'d election, and see that the proceedings are fairly 
my. conducted : and the said presiding (^cennay, in his discretion, 

Digitized by CjOOQ IC 



1839 Chap. 357. 2773 

prescribe whether the said election shall be by ballot or viva 
▼oce ; and shall in other respects cause the proceedings to be 
conducted in such manner as to ensure a fair and proper choice 
or election ; and after the said commissioners shall have been so 
chosen or elected, the said presiding officer shall immediately prSwiSi SStoSr! 
certify that fact, setting forth the names of the commissioners 
who shall be^elected, and shall make two copies of said certifi- 
cate, one of which he shall file in the office of the register of - 
the land district at Green Bay, and the other he shall transmit 
by mail to the President of the United States. 

§ 4. And be it further enacted, That after the said commis- A«ioonMcon. 
«ioners shall have been elected or chosen as above prescribed, ▼f"'^'*' •?**■ '''• 
Bud as soon thereafter as conveniently may be, they shall pro- miastoueM Khaii 
ceed to make partition and division of all the lands aforesctid fb^'^diTUi^o,-^ 
among the individual members of said tribe, or among such of ^'^"^ 
ihem as, by the laws, customs, usages, or agreements of said 
tribe are justly entitled to the same, and in such way and man- 
ner, and upon such principles, and in such proportions as sliall * 
be agreeable # equity ^nd justice, and consistent with the laws,- 
usuages, customs, and agreements of said tribe : Provided, how- Proriao. 
^ver, That the buildings and improvements, and the farms on 
which the same are situated, which are now held or possessed 
in severalty by the members of said tribe, shall, so far as the 
same can consistently be done, be allotted or apportioned to the 
present occupants ; and that no person or individual of said tribe 
shall be dispossessed or deprived of the improvements or land 
which they now occupy, unless it shall be found by the said 
commissioners that such person or persons are in the possession 
of and occupying more land than they are justly entitled to, 
and then the overplus may be apportioned to others. 

<^ 5. And be it farther enacted. That after the said com- commiimineni 
tnissioners shall have made such partition and division as afore- m^e the aw^ 
said,* ftiey shall make, or cause to be made, a full report of their &plSce«dGS 
proceedings in the premises, setting forth the name of each per-*^" 
son to whom they have apportioned any part of said land, the 
quantity apportioned or allotted to each, with the metes and 
bounds, or other definite description of each several piece or 
parcel of land ; and they shall accompany the said report with 
a fair and accurate map of the whole, showing the divisions ^ map to ac- 
Bnd partitions aforesaid ; which report and map, or a copy there- ponT"^ * "' 
of, shall be deposited with the town clerk of said tribe, on or ^ T^d^i^^S 
before the first day of October next, and shall remain open for^i?k, STd toTS 
inspection to all, for the space of twenty days thereafter ; and Jg^" '° ^'"'^' 
if any member or members of said tribe shall object to the par- ^ Pfoj«*$^n?! '<> 
tition or division so made by the said commissioners, or shall tion ib nudp by 
.deem himself or themselves aggrieved thereby, he or they may,dSJrton' 
.within ten days thereafter, give notice thereof to the said com- 
missioners, who shall, within twenty days thereafter, meet to 
hear and determiqe ;such fifrievances, and take testimony if ne- 
^cessary ; and after Buch aeariog, shall have power to alter or 



Digitized by CjOOQIC 



{iff6 1839 Chap. 367—869. 

tnodify such partition, if, in their judgment, any alteration of 
modification is necessary, in order to do equal and exact justice 
to all parties in interest/ 
t^omniHionen <^ 6. And be U further enacted. That, after the said repdit 
Md'maJ a'rTT shall be finally completed, the commissioners shall cailse of the 
to "SeiS^u'^'^'Sfe saw! report, and of the map accompanying the same, as finally 
^Hc^oAui t'iE^o*'^®^ upon and settled, to be made«and signed oy said com- 
riiory. one with mlssioners, onc copy of which shall be deposited in the oflice of 
i/'mwMch'^hl the secretary of said Territory, one copy in the office of the 
Md*to'Vond"!J?e clerk of the county within which said lands are situated, and 
whi«u^T*^*J!'*: ^he other shall be transmitted to the President of the United 
teau tbaii bo ii- States, who shall thereupfon cause patents to be issued to the 
several individuals named in said report, for the lands so ap- 
portioned to them respectively, by which the said persons shall 
be authorized to hold the said lands in fee simple to themselves 
and their heirs and assigns. 
B«portandm«p <^ 7. And be it further enacted, That the said report and map 
iTnd^'uant^ttolshall be filed with the secretary of said Territqy, and in the 
MxVr ^^ it^r clerk's oflice of said county, and shall also be transmitted to the 
5lliSf*ih«'ii*'be d! President on or before the first day of January next ; and after 



andbe lubYct ^d ^^^ ^ame shall have been filed and transmitted to the President, 
]\wi oi'u s?and as aforcsaid, the said Brothertown Indians, and each and every 
th6^ar'i!l<^ierion of them, shall then de deemed to be, and from that time forth 
e[tynded"*''"oi^ai'e hereby declared to be, citizens of iM United States to all 
IS?«aid**7odiftM' ''^*®"t* ^^^ purposes, and shall be entitled to all the rights, 
tifbi*'or*%muo* P"^''®g®8, and immunities of such citizens, and shall, in all re- 
•haUMuo.'^ ^"^spects, be subject to the laws of the United States and of tlie 
Territory of Wisconsin, in the same manner as other citizena of 
said Territory ; and the jurisdiction of the United States and of 
said Territory shall be extended over the said township or reser- 
vation now held by them in the same manner as over other part9 
of said Territory ; and their rights as a tribe or nation, aiid4heir 
power of making or executing their own laws, usages, or cus- 
proTiMK toms, as such tribe, shall cease and ^determine : Provided, how^ 
ever. That nothing in this act shall . be so construed as to de- 
prive them of the right to any annuity now due to them fronci 
the State of New York or the United States, but they shall be 
entitled to receive any such annuity in the same manner as 
though this act had not been passed. Approved, March Sd, 
1839. 

CHAP. 359. An act to amend an act entitled << An act regulating the pay 
so,\oL^s, p!?679! ^d emoluments of brevet officers^" passed April 16th, 1818. 

ToiM 10 eon. ^ !• Be it euactcd, fyc, That from and after the passing of 

SJSJ'^hJ^^Jf this act, the act entitled ** An act regulating the pay and 

the Adj. oen«r!i emoluments of brevet officers" approved April sixteenth, 

eighteen hundred and eighteen, be, and the same shall be, so 

construed, as to include the case of the Adjutant General of the 

United States. Approved, March Bd, 1839. 



Digitized by CjOOQIC 



18S9 Chap. 360—361. 2777 

tyHAJP. 360. An act td^uthorize the construction of a road from Dubuque, 
in tfic Territory of Iowa, to the northern boundary of the state of Mis- 
86uri, and for other purposes. 

^ 1. Be itenadedy SfC, That the sum of twenty thousand tao^ooo apprd> 
dollars be, and the same is hereby, appropriated, out of any mT^^ind'^TOn.' 
money in the Treasury not otherwise appropriated, to the open- SS^ u^buqJ^to 
ing and construction of a road in the Territory of Iowa, from Jn^th^^SonSS 
Dubuque, on the river Mississippi, to such point in the northern ^JJ^ .*''■"•• 
boundary of the State of Missouri as may be best suited for its 
future extension by that State to the cities of Jefferson and St. 
Louis, within the sanie ; that the Secretary of War be empower- 
ed and directed to cause such road to be constructed by con- 
tract or otherwise : Provided^ That the said road shall be open- i^^<^- 
ed throughout, and so far completed as to be capable of use, 
without exceeding in cost the sum hereby appropriated ; and in 
laying down the route thereof respect be paid, so far qs the same 
may be practicable, without greatly increasing the length thereof, 
to the accoroni){Klation of the seats of justice of the several coun- 
ties in Iowa through which it may pass, and to the best sites for 
bridges or ferries over the several rivers which the said road must 
cross. 

^ 2. And be it further enacted, That the Secretary of War sec w«r to 
be, and he is hereby, empowered to cause a survey of Red Oe-j^f^^^^^f^ 
dar river, within the said Territory, and an estimate to be made, r^*»''> 'he terri* 

... t . r> 1 • • I i. . ' 1017 of Iowa, and 

with a view to the improvement of the navigation thereof above ^Q^tinnite to us 
the town of Moscow, and the connexion of the said navigation °^ ^' 
with the river Mississippi by a canal, extending from the vicinity 
of said town to some suitable point in or near the town of Bloom- 
ington ; and to defray the expense of said survey and estimate, ^iBoamprood' 
the sum ^f fifteen hundred dollars be, and the same is hereby, ^^ed. 
appropriated, out of any money in the Treasury not otherwise 
appropriated. 

^ 3. And be U further enacted, That the following sums are 
hereby appropriated to several objects respectively, which are 
hereinafter described : 

For the opening and construction of a road from Burlington Foropeninffaad 
through the counties of Des Moines, Henry and. Van Buren, io-^adln^Bii?' 
wards the seat of Indian agency on the river Des Moines, five SS eSf^oM! 
thousand dollars ; •^<^* 

For the improvement of the road from Burlington, in the Tef- j^Jor^j»";]f{Jj 
ritory of Iowa, to De Hagues, in Illinois, the sum of twenty-five a^i^n^n lo- 
hundred dollars, in aid of alike sum contributed towards the uiVi?s2s(K)?*^*** 
same object by the town of Burlington. Approved, March 3cf, 
1839. 

CHAP. 361. An act providing for the erection of a fire-proof building for 
the use of the General Post Office Department. 

^ 1. Be it enacted, fyc, That the President of the United President to 
States be, and he hereby is, authorized to cause to be erected a b^udi^^tT^ 
fife-proof building, of such dimensions and upon such plan of ar- Su ^r ui«?ui^ 



Digitized by LjOOQIC 



2778 1839 Chap. 361—562. 



Post offiM^ (for rangement as may be required for the use and accommodatioii of 
co^<xiauon ofthe General Post Office Department, on the site of the Post Of- '^ 
Officer*"*^ °^^fice building recently destroyed by fire; and, for this purpose, ! 
emp^oy^^^'^ufta that he be authorized to appoint a skilful architect to prepare 
architect. ^^^ submit to him the necessary plans for the proper construe* . ' 

tion of such building, which being approved by him shall be con- 
formed to in the erection of the structure ; and the said archi- 
tect may be continued in the superintendence of the construe^ 
tion of the building, or another employed in that service, as the 
proviao. President may deem best. Provided^ that not more than one 
architect. shall be kept iQ the employment of the Government at 
Washington. 
rial to ^ ^* ^^^ ^^ *^ further enacted, That the principal material 
be im?h u the of which the cxterior walls of such building shall be constructed 
direct-how '^to shall be such as the President, of the United States shall direct, 
be laid, Ac ^^^j gj^^^jj j^^ jointed, and laid in regular courses, in the most ap- 
proved mode of such construction. 
•1^000 appro. <^ 3. jind be it further enacted, That, for the erection of the 
^ building authorised by the first section of this act, there be, and 

. hereby is, appropriated, the sum of one hundred and fifty thous- 
and dollars, out of any money in the Treasury not otherwise ap- 
propriated by law. Approved, March 3d, 1839. 

CHAP. 362, An act in addilion to " An act to promote the progress of 
^WTp, the useful arte.- 

tWo aaiistant ^l. Bc U euactcd, SfC.^ That there shall be appointed, in 
%^imt7-hoJ^ manner provided in the second section of the act to which this is 
— their aaiariea. i^djitional two assistaut examiuers, each to receive an annual sal- 
ary of twelve hundred and fifty dollars. 
>rein ^ ^' '^'^^ ^^ ^ further enacted, That the Commissioner be 

<eierk?^m^ be authorizcd to omploy temporary clerks to do any necessary tran- 
'tmpoyed. scribing whenever the current business of the oflSce requires it; 
proTiao. Provided, kpwever. Thai instead of salary, ft compensation shall 
be allowed, at ^, rate not greater than is oharged for copies now 
furnished by the office. 
Giaitifled and "^ ^' "^^^ '* ^ fwiher cuacted,, That the Commissioner is 
aiph^bVticai H>t hereby authorizcd to pubiish a classified and alphabetical list of 
pubKhod? ^ **all patents granted by the Patent Office previous to said publica- 
ioocopieitobe^'^"> «"<J retain one hundred copies for the Patent Office and 
offiiS!lid£odS- '^'"® hundred copies to be deposited in the library of Congress, for 
potitad in Coo- such distribution as may be hereafter directed; and that one 
^'^mw^'optiAhonsand dollars, if necessary, be appropriated, out of the patent 
ated. fund, to defray the expense of the same. 

<^ 4. And be it further enacted, That the sum of three thous- 

f3.65o 99 appro- and six huudrcd and fifty nine dollars, and twenty-two cents 

uw'of'^S'Jibe and is hereby, appropriated from the patent fund, to pay for 

City Hall. the use and occupation of rooms in the City Hall by the Patent 

Office. 

<S» 5. And be it further enacted. That the sum of one thou- 
sand dollars be appropriated from the patent fund, to be cxpend- 



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1839 Chap. 362. 2779 

ed under the directioa of the Commisaioner, for the porchase of ^JJ^AT*^! 
necessary books for the library of the Patent Office. cbtMofboob. 

4 6. And be it further enacted, That no person shall be de- No perwn to 

, *^ , - . y «• • . !• *» debttrrod from 

barred from receiving a patent for any invention or dwcovery, as recemnga patent 
provided in the act approved on the fourth day of July, one thou- o? di/colVr«?'bT 
sand eight hundred and thirty-8ix> to which this is additional, by hlTy'^^biTn^ill! 
reason of the same having been patented in a foreign country ^Jli^i^^'^IorTthK 
more than six months prior to his application : Provided, Thatj«^.«on*}jj^i«^f 
the.same shall not have been introduced into public and common ^""provSS/^^^""' 
use, in the United States, prior to the application for such pa- 
tent : And provided also, That in all cases every such patent '^'**»- 
shall be limited to the term of fourteen yjears from the date 
or publication of such foreign letters patent. 

4 7. And be it further enacted, That every person or oorpo- p,„^ „ cot- 
ration who has, or shall have, purchased or constructed any new-nj'^}|«j^Jj«^j« 
ly invented machine, manufacture, or composition of matter, >tiuet«d anr new- 
prior to the application by the inventor or discoverer for a patent /hiner&e. pdw 
shall be held to possess the right to use, and vend to others to be^^hemvMtor'OT 
used, the specific machine, manufacture or composition of naat- JiJ^i"*^,,/"^^ 
ter so made or purchased, without liability therefor to the invent- •<»*" ^ ''c*|t J^ 

. "^ . .- . /- . uee, or vend too 

or, or any other person interested in such invention ; and no pa-M»«-patentiDot 
tent shall be held to be invalid by reason of such purchase, sale, Ioofa*^'p»ohilM, 
or use prior to the application for a patent as aforesaid, except *"• •"*'**' **• 
on proof of abandonment of such invention to the public ; or 
that such purchase, sale, or prior use has been for more than two 
years prior to such application for a patent. 

^ 8. And be it further enacted. That so much of the eleventh so noeh luk 
section of the above recited act as requires the payment of three ^Se.'Si^ullS 
dollars to the Commissioner of Patents for recording any assign- JJJJJJ* ^im^ 
ment, grant, or conveyance of the whole or any part of the inter- "wte, fopmS. 
est or right under any patent, be and the same is hereby, repeal- ftc'to^'^rd. 
ed ; and all such assignments, grants, and conveyances shall, in ^af^^^^**^ "^^ 
future, be recorded without any charge whatever. 

^ 9. And be it further enacted, That a sum of money not^j*j|^»SPf*PJ{; 
exceeding one thousand dollars, be, and the same is hereby ap- }^^{>° ^iLSulii^' 
propriated, out of the patent fund, to be expencled by the Com-andothera«ricui. 
missioner of Patents, in the collection of agricultural statistics, '"* P»"n>o«»« 
and for other agricultural purposes ; for which the said Commis- 
sioner shall account in his next annual report. 

^ 10. And be it further enacted, That the provisions of the proTi«ioDsifttti 
sixteenth section of the before recited act shall extend to all oa- fsae.'^lte^^^^^ 
ses where patents are refused for any reason whatever, either by ^*te^i!n T«fS? 
the Commissioner of Patents or by the chief justice of the District ^i^i",^ 'SSS 
of Columbia, upon appeals from the decision of said Commiswon- Jy^^'^jj^f^Jjj- 
er, as well as where the same shall have been refused on ac^juaticoD. o. &o. 
count of, or by reason of interference with a previously existing 
patent ; and in all cases where there is no opposing party, a copy 
of the bilt shall be served upon the Commissioner of Patents, 
when the whole of the expenses of the proceeding shall be paid 
by the applicant, whether the final decision shall be in bis favor 
or otherwise. 



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2780 1839 Chap. 362-^563. 

JSfr^^deSS^ ^11. And be it farther enacted, That in all cases where ait 
^>n of Com. tofippeal js ROW allowed by law from the decision of the Comcnig' 
flre^tmhoriztd by sioner of Patcnts to Q board of examiners provided for in the 
4tb ^4y"'i4i' seventh section of the act to which this is additional, the party, 
155»&"iir Sinstead thereof, shall have a right to appeal to the chief justice of 
£Srtu°s!*for'D!the district court of the United Stales for the District of Colum* 
c.*c.how. bia, by giving notice thereof to the Commissioner, and filing in 
the Patent office, within such time as the Commissioner shall ap- 
point, his reasons of appeal, specifically set forth in writing, aad 
also paying into the Patent Office, to the credit of the patent 
h^lnli"d^r^fund, the sum of twenty-five dollars. And it shall be the duly 
SSS,*c*howT^f said chief justicei, on petition, to hear and determine all such 
appeals, and to revise such decisions in a summary way, on the 
evidence produced before the Commissioner, at such early and 
convenient time as he may appoint, first notifying the Commis- 
sioner of the time and place of hearing, whose duty it shall be to 
th??StiSi7ifyg'vc notice thereof to all parties who appear lobe interested 
Sif"Thi**orl'^n'fi*'^®*'®'"» '" ®"^^* manner as said judge shall prescribe. The Com- 
papera aod tvi- missioner shall also lay before the said judge all the original pa* 
^unda for his pers and evidence in the case, together with the grounds of his 
decisioQ. decision, fully set forth in writing, touching all the points involv* 

ai^?n of'' Putted by the reasons of appeal, to which the revision shall be con- 
2Smine"*Jodi?fi"®^- ^"^ *^ ^^^ rcqucstof Buy party interested, or at the desire 
^oath,&o/ of the judge, the Commissioner and the examiners in the Patent 
Office may be examined under oath, in explanation of the princi- 
Judge to return pies of the machtnc or other thing for which a patent, in such 
ft *wri'ifielte'^*orcase, is prayed for. And it shall be the duty of said judge, after 
and ''dJdti'oII-a hearing of any such case, to return all the papers to the Com- 
£il4*'the**com" '"'^^*^°®''» ^^^^ ^ Certificate of his proceedings and decision, 
which shall be entered of record in the Patent Office; and such 
decision so certified shall govern the further proceedings of the 
PcoTito. Commissioner in such case ; Provided, however, That no opiqr 
ion or decision of the judge in any such case, shall preclude any 
person interested in favor or against the validity of any patent 
which has been or may hereafter, be granted, from the right to 
contest the same in any judicial court^ in any action in which its 
validity may come in question. 
*a,^'?i-«;" ^ 12. And be U further enacted. That the Commissioner of 
iVi'rnciTwl? Patents shall have power to make all such regulations in respect 
*~Tha?Tart act ^? ^'^® taking of evidcncc to be used in contested cases before 
4th Jul/. ib36. him, as may be just and reasonable. And so much of the act to 
£a^d of examiiT- which this IS additional, as provides for a board of examiners, is 
•«, repoaied. jj^^^^y repealed. 

to^J;**Jaii"$lw ^ 13. And be U further enacted. That there be paid annual- 
auDuaiij, ly, out of the patent fund, to the said chief justice, in considera- 

tion of the duties herein imposed, the sum of one hundred dol- 
lars. Approved, March 3d, 1 839. 

CHAP. 363. An act givinsf to the Preaitleut of the United States addi- 
tional powers for the defence of the United States, in certain cases, 
against invasion, and for other purposes. 

^ I. Be U enacted, fyc, That the President of the United 



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18S9 ^Ohap. 363. 2J'81 

States be, and he hereby is, authorized to resist any attempt on thej,,JJg'J^*J*^^»^ 
part of Great Britain, to enforce, by arms, her claim to exclusive •^y •nempt of 
jurisdictioQ over that part of the State of Maine which is in dis-M^forc^b^daim 
pule between the United Slates and Great Britain ; and, for thaidic"oll"i^el"tfe 
parpose, to employ the naval and military forces of the United JJ'p"'^ ^'^^' 
States, and such- portions of the militia as be may deem it advisa- ^^^^ ^^^ ">": 

,,-',,. ^ "^ . ^ tary forcefi, and 

ble to call mto service. muwa piarod at 

^ 2. And be U further enacted, That the militia when called """MmST^'when 
into the service of the United States by virtue of this act, or of JiS'ff! kTm^y'bi 
the act entitled " An act to provide for calling forth the tniliiia j;™fj[^"^„p^^|,'i 
to execute the laws of the Union, suppress insurrections, repel >nB •» months 
invasions, and to repeal the act now in force for these purposes," uie'idal^or^ren. 
may, if in the opinion of the President of the United States theonfyeL*" *"^ 
public interest require it, be compelled to serve for a term not 
exceeding six months after the arrival at the place of rendezyons, 
in any one year unless sooner discharged. 

"^ 3. And be it further enacted. That in the event of actual in- ^„Iy *^*,ion ,"" 
vasion of the territory of the Uuited States by any foreign pow- "^/'"^'"JS'^Jl*';" 
^ er, or if imminent danger of such invasion discovered, in hisEefi>re cwgreM 
opinion, to exist before Congress can be convened to act upon the Pr«Xn*°au* 
the subject, the President be and he is hereby, authorized, if he llS"*i,JicJr£f 
deem the sam^ expedient, to accept the services of any number JJJJJf;;^»^i'; 
• of volunteers not exceeding fifty thousand, in the manner pt'o-^^5edT"°aa'sEw 
vided for by an act entitled '^ An act authorizing the President of May, is^!^^ 
the United States to accept the service of volunteers and to 
raise an additional regiment of dragoons or mounted rifle* 
men, approved May twenty-third eighteen hundred and thirty* 
six.** • 

^4. And be U further enacted. That in the event of either Jhor^52"4S? 
of the contingencies provided for in this act the President of the^nfj'f^^PIJ^^JIJJ- 
United States shall be authorized to complete the public armed ^Ijj?^''*^,"^^!;: 
vessels now authorized by law, and to equip, man, and employ, pia'e'^tiie pubiio 
in actual service, all the naval force of the United States, and to 'al^i^by^iaw 
build, purchase, or charter, arm, equip, and man, such vessels '^°' 
and steamboats on the northern lakes and rivers, whose waters 
communicate with the United States and Great Britain as he 
shall deem necessary to protect the United States from invasion 
from that quarter. 

^ 5. And be U further enacted, That the sum of ten mil- p^J^y^f^ "{^ 
lions of dollars is hereby appropriated, and placed at his disposal P'^»^l^®^"/7,**i^*? 
for the purpose of eitecuting the provisions of this act ; to provide iHorixed ^^^^^^ 
for which the Secretary of the Treasury is authorized to borrow [?mih of the a, 
money on the credit of the United States, and to cause to be^**' 
issued certificates of stock signed by the Register of the Treasury 
for the sum to be borrowed, or any part thereof; and the same' 
to be sold upon the best terms that may be offered after public 
notice for proposals for the same : Protnd^^i That no engage- ProriM. 
ment or contract shall be entered into which shall preclude the 
United States from reimbursing any sum or sums thus borrowed 
^fter the expiration of ^e years^ from the first of January next ; . 

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2782 1839 Chap. 363—364. 

and lliat the rate of interest shall not exceed five per cent, paya* 

ble semi-annually. 

pi8,0M ^tppro- ^ 6. And be it further enacted, That the sum of eighteen 

Snd^Miary/^? a thousand dollars be, and the same is hereby, appropriated out of 

'rcrMt Sr?uiS!any nnoney in the Treasury, not otherwise appropriated, for outfit 

ProTiJo. jjjjj salary of a special minister to Great Britfein : Provided^ 

The President of the United States shall deem it expedient to 

appoint the same. 
eithaioftbrcon- . ^ 7. And be it further enacted, That in the event of either 
l?1bJ*'riJt°Iod of the contingencies provided for in the first and third sections of 
i^ert'^aJSoJiSd this act, the President of the United States shall be authorized to 
000* to'^repli?!?* *^PP'y * P*'"^ ^^^ exceeding one million of dollars of the appro- 
or arming fortifi- pnatiou made in this act to repairing or arming fortifications along 
board and front- the scaboard and frontier. 

^^Miiitia or Toi- ^ 8. And tc it further enacted. That whenever militia or 
SJuVd'into «"vtei volunteers are called into the service of the United States they 
tto^'or'STnLuon®'^^''^'**^® ^^^ Organization of the army of the United States, and 
of tho army and shall rcccive the same pay and allowances. 
^aUowMoeff^ ^ 9. And be it further enacted, That the several proyis- 
tinne^ln ^^^ions of this act shall be in force until the end of sixty days after 
??t*"tS«l5r oeS ^^^ meeting of the first session of the next Congress and no Ion* 
CMgroat. ger. Approved, March 3d, 1839. 

CHAP. 364. An act to alter and amend the organic law of the Territo- 
ries of Wisconsin and Iowa. 

Jd7/ ""coJ!,"; ♦ 1- ^« »* enacted, fyc, That every bill which shall have pas- 
If*io'wi?Il^ wil'"®^ ^^^ Council and House of Representatives of the Territories 
ooMio, bofoitf of Iowa and Wisconsin shall, before it become a law, be present- 
to bo appiAad by cd to the Govomor of the Territory ; if he approve he shall sign 
^^'"rdlif "to it, but if not he shall return it, with his objections, to that House 
Qbja^nrto tha ^^ which it shall have originated, who shall enter the objections 
Honao |j^ ^]j{jj at large on their journal, and proceed to reconsider it. If, after 
tbaie to'^bea'^tar^such rocousideration, two-thirds of that House shall agree to pass 
and^'^i^ifd^' the bill, it shall be sent, together with the objections, to the oth- 
^''' . House, by which it shall likewise be reconsidered ; and if appro- 

ved by two-tbrrds of that House it shall become a law. But, in 
all such cases, the votes of both Houses shall be determined by 
yeas and nays ; and the names c/ the persons voting for and 
against the bill shall be entered on the journal of each House 
naJMllfil&uwi respectively. If any bill shall not be returned by the Governor . 
•Sapteif^nniSa within thrco days (Sundays excepted) after it shall have been 
ratT"*^*^^ presented to bkn, the same shall be a law in like manper as as if 
jouniiiiant/to\^ he had signed it, unless the Assembly by adjournment prevent 
its return, in which case it shall not be a law. 
Thia net not ^ 2* ^^^^ ^^ it further enactedj That this act shall not be 
'(^ea^a'SuTe right ^^ coustrued fts to doprivo Congress of the right to disapprove of 
|o^^^»<ip^ve j«f any law passed by ^be said Legislative Assembly, or in apy way 
0aTd' !!?^biy^, to impair or alter the power of Congress over bws passed by 
^"^ sard Assembly. A^roved, March 3d, IS39, 



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1839 Chap. 366—367. 2783 

Chap. 365. An act to define and establish the eastern boundary line of 
the Territory of Iowa. 

<^ 1. Be it enacted, S^Cy That the middle or centre of the main ihl^SiincSind 
channel of the ri? er Mississippi shall be deemed, and is hereby ?^\IL'.?J*"*"*pp* 

111 II I I 1- /•§ »n .* to D« tne eaneiu 

declared, to be the eastern boundary line of the Territory of boundary ofij^ 
Iowa, so far or to such extent as the said Territory is bounded r^i^on^^^n. 
eastwardly by or upon said river : Provided, however, That the 2y MirJKilT''^ 
said Territory of Iowa shall have concurrent jurisdiction upon tho ^^^^^^^ 
said Mississippi river with any other conterminous State or Ter- 
ritory so far or lo such extent as the said river shall form a com* 
OHMi boundary betfveen the aforesaid Territory of Iowa and 
My other such conterminous State or Territory. Approved, 
March 3d, 1839. 

CHAP. 366. An act to authorize the election or appointment of certain 
officers in the Territory of Iowa, and for other purposes. 

^1. Beit enacted, fyc. That the Legislative Assembly of the„iJ^f7^^ 
Territory of Iowa shall be, and are hereby authorized to provide jjj[Joj*««^Jjp«>- 
by law for the election or appointment of sheriffs, judges of pro« theeiectioBorap. 
bate, justices of the peace, and county surveyors, within the said Sbe^l^tVc ""' 
Territory, in such way or manner, and at such times and places .^^J^/ alj?,/5i 
as to them may seem proper ; and after a law shall have been !l,^Vmenu ^b^ 
passed by the Legislative Assembly for that purpose, all elections Be 
or appointments of the above named officers thereafter to be had wuh?* 
or made shall be in- pursuance of such law. 

^ 2. And be it further enacted. That the term of service of ^^^^^J^^i^l 
the present Delegate for said Territory of Iowa shall expire on J{SIV^!"* ^* 
the twenty-seventh day of October, eighteen hundred and forty S pi^Jors ^"*"*a^ 
and the qualified electors of said Territory may elect a Delegate eiSt?" DeieoSe 
to serve from the said twenty-seventh day of October lo theaw^TSoc^S 
fourth day of March thereafter, at such time and place as shall arte??"*'*' "**"* 
be prescribed by law by the Legislative Assembly, and thereafter DglJ^'ie^^'t'S^^ii 
a Delegate shall be elected, at such time and place as the Legis- jjj^jj^ assJSEij 
lative Assembly may direct, to serve for a Congress, as members may direct. 
of the House of Representatives are now elected. Approved^ 
March 8d, 1839. 



tintmenta shall 
I made in pur- 
suance Uiere- 



CHAP. 367. An act making appropriations for the naval service for 
the year one thousand eight hundred and thirty-nine. 

Sec. Navy on- 

^ 2. And be it further enacted. That, it shall be the duty der^diwction^cj 
of the Secretary of the Navy, under the direction of the Presi- preparauons for, 
dent, to make preparations for, and to commence, the construe- uie constmciioa 
tion of three steam vessels of war, on such models as shall be ves^uof ^rf^ 
most approved, according to the best advices they can obtain, or i^nsf^gon' * of 
to complete the construction of one such vessel of war, upon a ^f^o^ i? ^^ 
model so approved, as in the opinion of the President shall be r^ijjj'fo/*ibe 
best for the public interest, and most conformable to the demands public interest, 
of the public service and that to enable the Department to carry fomabir\o'^l!e 
iato eflFect this requirement, a part of the sum already appropria- ^uStc SJrrfce/^* 

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8784 1839 ^Chap. 367— 50i 

ted for the gradual improvement of the navy, equal to ttie vixtd 
of three hundred and thirty thousand dollars, shall be, and is 
hereby directed to be subject to the disposition of the Depart- 
ment for this object, in case that amount can be diverted from 
that appropriation without a violation of existing contracts, and 
if that cannot be done consistently with the rights of contractors 
and the public interests, then so much of the said sum of three 
hundred dnd thirty thousand dollars as can be so diverted to this 
object, (torn the appropriation referred to, shall be subject to the 
disposition of the Secretary of the Navy for this purpose, and the 
residue of the said sum of three hundred and thirty thousand do!-* 
lars shall be, and the same is hereby, appropriated, and shall be 
bri!^'^*a5I£ P®'^' ^"^ ^^ ^"^ money in the Treasury not otherwise appropria- 
tion lo any ma- ted : and the said sum of three hundred and thirty thousand dol- 
^d. applicable lars, to bc expended in the manner in this section prescribed, 
tiraofa^daiMm shall be in addition to any materials now on hand^ applicable to 
▼enek. ^j^^ construction of the said steam vessels of war. Approved^ 

March 3d, 1839. 

CHAP. 600. An act to provide for the erection of a new jail in the city 
of Washington, District of Columbia. 

e.^'^'^newj^ ^1. Be U enacted, fyc, That the President of the United 
W^h}>^^ co! States be, and he is hereby, authorized and required to cause 
rite^M hi Say^ "®^ J^*' *^ ^^ crectcd for the county of Washington, in' the 
"^3^1^ appro- I^slrict of Columbia, on such site as he may select ; and that, 
priate<i. for the purpose of carrying this act into effect, the sum of thirty- 

one thousand dollars be, and is hereby, appropriated out of any 
PmTUD^ money in the Treasury not otherwise appropriated : Provided 
always. That the said jail shall be built, by contract, under the 
(Superintendence of the architect of public buildings, and that the 
cost shall in no event exceed the said sum of thirty-one thousand 
dollars. Approved, March 3d, 1839. 

CHAP. 503. An act to extend the jurisdiction of the corporation oTthe 
city of Wsushington over the Potomac bridge. 

wSSi^JJon "^ § I. Be it enacted fyc, That the bounds of the county of 
*^^"t&n*"wa8h'.^^®^'"8^^"»*"^^'^ ^^^ corporation of the city of Washington, 
i^n^ city. "?x- be, and the same are hereby, extended so far as to comprehend 
Potomac^brid^^the causoway and bridge lately constructed from the said city 
tio1r*'lm^wSSl across the river Potomac^ to the opposite shore : and the said cor- 
fo.^"raiSf'*S poration are hereby empowered to adopt and enforce sucb rules 
Mguiauona. and regulations as they may deem necessary for the safely and 

security of property and of the persons passing the said causeway 

and bridge. Approved, March 3d, 1839. 

RESOLUTIONS. 

[No. 1.] Resolution authorizing an ezaknination and payment of 
the claims of the workmen upon the public buildings. 

^ I. Beit enacted by the Senate and House of RepteeenUr 



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1839 Resolutions, 1—3. 2^84 

Hves of the United States of America in Congress assembled, 

That the commissioners appointed by the President of the Unit- Thecomrt.ap. 

, _ . , r • /• I i' . I poinicd by the 

ed States tosupermtend the prosecution of the work m the con- Prest. to wiperin. 
struction of the new Treasury building, be, and they are hereby; Ifon of X'^w 
authorized to examine the claims of the workmen to indemnity hig'*^! eulm' 
for the loss of their time during the suspension of the work upon S" ^^* ^^^'^^ 
Said building, by order of the President of the United Stales, "fo/^hi"?^"^^ 
pending the question before Congress upon the bill reported by {|j*^>r cm^ ^inc 
the Committee on Public Buildings, providing *< for the removal the voff?nd°Ji- 
of the walls of the Treasury building, and for the erection of a mlTw^^liiSHi 
fire.proof building for the Post Office Department;" and that r°^if;**of**oS?ES: 
the said commissioners allow to such of said workmen, respect- [J5|Jh*"lS2SaWe 
ively, as were suspended from labor, during the pendencv of said indtmnuy ojue- 
Dili, With the encouragement and under an authorized assurance may nquin, not 
that, upon the decision thereof, their labor would again be Te-tra|rl!lM^unir 
quired by the Government, and who, intermediately, had no op***™*°** 
porlunity of obtaining employment in the city of Washington^ 
such reasonable indemnity for loss of wages for labor, during the 
suspension of the work as, under the circumstances of their respec- 
tive cases, justice and equity may require, not exceeding, however 
in any case, the average rate of the earnings o.f said workmen 
in the employment of the Government for a like preceding period 
of time. 

§2. And be it further resolved, That the Commissioner of j^^^omr^ of pub. 
Public buildings be, and he hereby is, authorized to pay to ^'i© J"^r«'""fo"^ 
Workmen respectively such sums of nioney as the commissioners siuiU aUow. 
Aforesaid shall allow and certify pursuant to the foregoing resolu- 
tion out of any money in his hands appropriated by law to the 
Construction of the new Treasury building. Approved^ Janua* 
ry 18/A, 1839. 

I No. 2.] A resolution for the purchase of the island at the confluence of 
the St. Peters and Mississippi rivers. 

Resolved, fyc. That the Secretary of War be, and he ^se^^^ War m 
is hereby, authorized to contract with J. B. and J. Ferribault, B.ftj. FerTibao u 
for the purchase of the island at the confluence of the Su Peters Ind***i'Jirt****2 
and Mississippi rivers, and to report his proceedings to Congress, STSiTVpISSS! 
subject to their approbation or rejection. Approved^ February 
\3th, 1839. 

I^No. 3.] A resolution directing the manner in which certain laws of the 
District of Columbia shall be executed i 

Resolved, fyc. That the acts of the State of Mary- jbe .ct or 

• •• ••i*u "a-J' xnaryiand for m» 

land for securing titles to vacant land, which were contmued in eurmg titi«i to 
force by the act of Congress of the twenty-seventh of February ^rnrdSnficTb; 
eighteen hundred and one, in that part of the Distiict of Colum- JekSnhllST.hf 
bia which was ceded to the United Stales by that State, and j!2iP;j\^','ii{i 
which have heretofore been inoperative for the want of appropri- be «j««"»^ •• 
«le oflicers or authority in the said District for their due ezecu- ^'b'pfuro oJ^ 



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gyse 1839 RESOLUTIONS, 3—9. 

?iljihiiu,bjthl*'^^' ^***" hereafter be executed, as regards iaftds in the coUQty 
sjjjjoV'i'j; '*•£ ^f Washington and without the limits of the city of Washing- 
th!r6M«laiL![Sdton, by the Secretary of the Treasury through the General Land 
wfi^TthiTtTbau Office, where applications shall be made for warrants, which war- 
beMaeutea. ^.j^^jg g|jg^j| ^J^ directed to the surveyor for the county of Wash- 
ington ; who shall make return to the Commissioner of the Gen- 
eral Land Office ; and payment for said land, according to the 
said laws of Maryland, shall be made to the Treasurer of the 
United States, whose certificate of such payment shall be pre- 
sented to the Commissioner of tlie General Land Office, who 
shall thereupon issue in the usual form of patents for lands by 
the United States, a patent for such land to the person entitled 
thereto ; and the Secretary of the Treasury shall make such reg- 
ulations as he may deem necessary, and shall designate the offi- 
Prow\M. cers who shall carry the said acts into efiect : Provided^ That 
any land which may have been ceded to, or acquired .by the 
United States for public purposes-shall not be affected by such 
acts. Approved, February 16/ A, 1839. 

[No. 4.] A resolution authorizing certain certificates of depoeite to be can- 
celled and reissued. 

Whereas sundry persons have deposited sums of money in the 

Treasury of the United States, under the provisions of the second 

section of the act making further provision for the sale of the 

Actofisao c puhlic lands, approved twenty-fourth of April, eighteen hundred 

^. vol. 3, iT 17^4. and twenty, and received certificates therefor, and supposing the 

same to be assignable, have assigned the same, for a valuable 

consideration, to other persons ; and whereas the said section is 

so construed by the Treasury Department, that such receipts or 

certificates are not available to the assignees ; be it therefore, 

"^ Resfilved, fyc. That the Treasurer of the United States 

*rreaB.iJ.B.onbe, and he is hereby authorized and required, on the pre- 

TiSd^^MriSScatotSentation of any such certificate by an assignee or bona 

bJna*fidfh!Iweri'fi^e holder thereof, to allow said assignee or holder to sur- 

*Mil3J '*'*'"ihi'^®"^®'' ^**® same to be cancelled, and to issue a new certifi- 

Mm* lo bo MO- cate in the name of said assignee or holder, in lieu of the 

^e n^Tw oM«'To one so surrendered ; which new certificate shall be received in 

which ocw^^ur payment for public lands, in the same manner as the original 

J2i?vahte*" foJ would have been had it not been transferred by the person who 

inndi^butnottiirnade the depositc ; but the certificates to be issued uhder this 

aigiM e, resolution shall not be assignable. Approved, February 28thj 

1839. 

{No. 9.] A resolution to authorize the purchase of an island in the river' 
Delaware, called the Pea Patch, and for other purposes. 

See. War to Resolved, SfC. That the Secretary of War be, and he is here- 
Sj^hTtfuJ^u^ by authorized and required to take all necessary measures to try 
^btaSd-SiJ!*"'** the title of the United States to the island in the Delaware com- 
monly called the Pea Patch, by submitting all the questions grow- 



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1839 Resolution, 9. 2787 

ingoDlof the coDflicting claims of the United States and the ,pj2^ U {}jj*j{| 
individual claimants, to the courts of law ; and if it shall appear ^*«^^n^^' in* 
to the satisfaction of ihe said Secretary, that the title is not vest- s. «ud tha° iu 
ed in the United States, and that the possession thereof is indis-S?iqp!^fS!L?ietothe 
pensable to the public interests, he is hereby authorized to pur-K^amiorilS 
chase the same from the legal owner or owners thereof, either by Jl,w, ^^^^^^^ 
apprisament or such other manner as he may deem most expe- 
dient ; subject to the approval of Congress. Jipproved, March 3d^ 
1839. 



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1840. ACTS OF THE TWENTY-SIXTH CONGRESS 



OF 



THE UNITED STATES ; 

Passed at the First Session, which was begun and held at the 
City of Washington, in the District of Columbia, on Mon- 
day, the second day of December, one thousand eight hun^ 
dred and thirty-nine. 

Martin Van Buren, President. Richard M. Johnson, Vice 
President, and President of the Senate. Robert M. T, 
HuNTEji, Speaker of the House of Representatives. 



CHAP. 3. An act to amend the act " to provide for taking the sixth cen* 
BUS or enumeration oi the inhabitants of the United States," approved 
SM ** *iitof^* P^ March third, eighteen hundred and thirty-nine. 

^The •nttmera- ^ ^ * ^^ *^ enacted by the Senate and House of Representa* 

don thau c^m- tivcs of the United States of America in Congress assembled, 

uSSr ud"%That the enameration shall commence on the first day of June, 

tS^l^oni^' in the year eighteen hundred and forty, and shall be completed - 

The •tti.tanis ^^d closcd Within fivc Calendar months thereafter. The several 

thuM, witbiu assistants shall within five months, and on or before the first day 

livw to the mar- of November, eighteen hundred and forty, deliver to the mar-^ 

SiheStiA*l?***shals, by whom they shall be appointed, two copies of the returns 

The marabaia of the enumeration and statistical tables, and the marshals re- 

ibre ' iJi^^'necIspectively, shall, on or before the first day of December, in the 

iSfw/to'Jbe year eighteen hundred and forty, transmit to the Secretary of 

0«u of State. State, one copy of the several returns and statistical tables, and 

also the aggregate amount of each description of persons within 

their respective districts or territories, and an aggregate also of 

the statistical information obtained within said districts. 

<^ 2. And be it further enac/ei. That in the enumeration of 
re^iniT^toani transient persons, the name of every person who shall be an in* 
•tentpenons. habitant of any district or territory without a settled place of resi- 
dence, shall be inserted in the column of the schedule which is 
allotted for the heads of families in the division where he or she 
shall be on the said first day of June, eighteen hundred and 
forty. 

^ 3. And be U further enacted, That the compensation of 
thT m^ha? of the marshal of Missouri shall be three hundred dollars. 
MiMonii ^ 4. ^^ j^ j^ further enacted, That in lieu of the five doU 



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1S40 Chap. 8. 2rg9 

bra here provided as compensation to the assistant for each of^^^^^l^f^nM^'io" 
the two correct copies of the schedules containing the number of t'>«"t^o°copie» 
inhabitants within his division to be set up in two of the most ?i!^urred'''*to" b? 
public places within the same, that ihere be allowed for said co- d*Jkiion^° *****' 
pies, and each assistant shall be entitled to receive, at the rate of 
five dollars for ten sheets, or in that proportion for a less num** 
ber, and at the rate of thirty cents for every sheet over ten in aiiowmc* u 
(be copy of the return. And in all cases, where the assistants to^'ro^ing the 
the marshals shall have performed the duties and made the re- ll,"^**^,*'* wSroi 
turns required by the thirteenth section of the act for taking the J5JJ*'|J^'»J^JJ« 
sixth census, they shall be allowed therefor a sum equal to twen-*ctrortakingUw 
ly per centum on the ajlowance made to tjiem respectively, for ""^ **"*""• 
the enumeration. 

^ 5: And be U further enacted, That the copies of returns .p^, ^.^p,^, ^^ 
9nd aggregate amounts, directed to be filed by Ihc marshals with returns unci o^. 
tbe clerks of tJie several District Courts and Supreme Courts of5irrcte'd"to"'bJ 
llie Territories of the United States, shall be preserved by said ^icrkB^ruJoDu. 
clerks and remain in their offices respectively, and so much ofp,cme*"'*'coirrs 
the act to which this is an amendment as requires that they shall «••«" •>(• prmrv- 

I 'It •til 1 TV i. /-f . • cd lu «aid Court*. 

be transmitted by said clerks to the Department of State is here- 
by repealed. 

^ 6. And be it further enacted, That it shall be the duty of ah citficaic/- 
the Secretary of State to cause to be noted all the clerical errors fuJiglobe'IioteT 
!o the returns of the marshals and assistants, whether in the ad-"n<it>*«><^"«<^*<^^ 
ditions, classification of inhabitants or otherwise, and to direct to tifnl^f^niyprint 
be printed in the manner provided for in the act to which this is^*^' 
an amendment the corrected aggregate returns on]y« 

^7. And be it further enacted, That so much of the thir-^^^j'^Jj^^jjIJ^. 
teenth section of the act of the third of March, one thousand packages by 
eigfit hundred and twenty-five, as restricts the weight of packages Slwe io*r«p^ra 
by mail, shall not apply to the transmission of papejs relating to J^^^^j^^ '" ^^^ 
the census or enumeration of the inhabitants of the United Slates, 
and upon the transmission of said papers by the mail, between postage, 
the marshals and their assistants, it shall be lawful for the post- 
masters to charge periodical pamphlet postage only. 

^ 8. And be it further enacted, That it shall be lawful for Lawful for 
the marshal of any district, to take part in the enumeration of a^rt'iTtho'enu- 
portion of his distri<^ and npon his so doing he shall have iheJlJSJ^''^'*'*^ 
benefit of the compensation allotted therefor, as if it had been 
done by an assistant. 

^ 9. And be it further enacted, That the compcnsatioo of Compensation 
the respective persons who are employed by the Sccjrelary of pfoy**cd"**bJ ''Si 
Slate in executing the provisions of this act, shall be, fifteen hun- exeiiufng'^^^tilS 
dred doHars to the superintendirig clerk, per annum ; to the re-p^^***®n«of*w« 
cording derk eight hundred doHars per annum; to an assistant 
cleric, six hundred and fifty dollars per annum ; and to ihe pack- 
er and folder, six hundred and fift^ dollars per annum ; and the 
aid salaries shall commence from the date of their being so em- gBiariestocom- 
ployed, and that of the persons to be employed, to examine and menco ftjom the 
correct the returns from the marshals and their assistants, at the ing employed, 
same rates as were paid for the like services rendered under the - 

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2790 



1840- — Chap. 9—5. 



act for taking the fifth census, to be paid out of any money ap- 
propriated for carrying into efiect the act for taking the sixth 
census or enumeration of the inhabitants of the United States. 
Acts and parts '^ 10. And be it further enacted, That all acts and parts of 
un'^^'Juh^'uiii acts whosc provisions are inconsistent with the enactments of this 
•dt repealed, amendatory act, are hereby repealed. Approved, February 
26th, 1840. 



CHAP. 4. An act to continue the office of Commissioner of Pensions, and 
to transfer the pension business, heretofore transacted in the Navy 
Department, to that office. 

The offlcc of ^ I. Beit enacted, fyc, That the office of Commissioner of 
^»tiuu£"*uStil Pensions shall be and the sante is hereby continued, until the 
tthMarcb, 1M3. f^u^ j|j ^^y ^f March, eighteen hundred and forty-three. 

A Com. to be ^2. And be it further enacted. That a Commissioner of Pen- 

^p^inted. gjons sball be appointed by the President of the United States, 

msduties. by and with the advice and consent of the Senate ; and that he 

shall execute, under the direction of the Secretary of War and 

the Secretary of the Navy^ sucb duties in relation to the various 

pension laws as may be prescribed by the President. 

And salary. ^ 3. And be it further enacted. That the said Commissioner 

privuen7ztend^- sliall roccive an annual salary of two thousand five hundred dol- 

•dtoum. j^j.g^ ^^^ gjjj^jj ijj^yg ii^g privilege of sending and receiving letters 

and packets by mail free of postage, 
busl^ ^xmt ^ "*• ^^^ *^ *^ further enacted, That the pension business 
**^**DeDartiiwSi heretofore transacted in the Navy Department, shall be iransfcr- 
tmnsferredtotbered to the office of the Commissioner of Pensions, and that the 
p?nrioM, eto?"^' clerk now employed in that business be also transferred to that 
office. Approved, March 4th, 1840. 
. ■ ■ » ■ 

Act of 1837, c. CHAP. 5.* An act additional to the act on the subject of Treasury Notes. 

S, AnU,p.9637. 

The reguia- ^ 1. Bc it enactcd, Sfc, That the regulations and provisions 
Bionaonh??ct contained in the act passed the twelfth day of October, in the 
oci.?^837!^ and year ouo thousaud eight hundred and thirty-seven, entitled "An 
ttoii"t{IwSo*^?i- ^^^ *^ authorize life issuing of Treasury Notes," and in the sub- 
newed, except- sequent aots in addition thereto, be, and the same are hereby, 
tkma M tlTtbe renewed, and made in full force, excepting the limitations con- 
SSratfc"** *" corning the times within which such not* may be issued, and 

restricting the amount thereof as hereafter provided. 
Treasury notes ^ 2. And be it further enacted. That under the regulations 
JSucrfilhew w-and provisions contained in said act, Treasury Notes may be is- 
moiif'no*"-^"®^ *" ''^1* ^^ others hereafter or heretofore redeemed, but not 
4?oeooooatan ^^ ^xceed in the amount of notes outstanding at any one time, 
one t\me out- the aggregate of five millions of dollars, and to be redeemed 
rcdMm&, when sooner than one year, if the means of the Treasury will permit, 
and how. j^y giving notice sixty days of those notes, which the Department 

is ready to redeem, no interest to be allowed thereon after the 

expiration of said sixty days. 

^ 3. And be it further enacted, That this act shall continue 



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r 



1840 Chap. 5—8. 2791 

in force for one year and no loeger. Approved, March 31«f, 
1840. 

■ - ■ - X ' ■ ' 

CHAP. 6. An act to cancel the bonds given to secure duties upon vessels 
and their cargoes, employed in the Whale Fishery, and to make re- 
gisters, lawful papers for such vessels. 

§ \, Be U enacted, fyc. That ali vessels which have cleared, 
or hereafter may clear, with registers for the purpose of engaging )^^*SSSi *^ 
in the Whale fishery, shall be deemed to have lawful and suffi- Jm"*^^* w«» 
cient papers for such voyages, securing the privileges and rights whiehha««eiMr- 
of registered vessels, and the privileges and exemptions of vessels CoiS^^rm^ 
enrolled and licensed for the fisheries; and all vessels which w'SSS'SJi^.^ 
have been enrolled and licensed for like voyages shall have the 
same privileges and measure of protection as if they had sailed 
with registers if such voyages are completed or until they are 
completed. 

^2. And be U further enacted, That all the provisions of tim pravisioM 
the first section of the act entitled "An act supplementary to^*^JJj»,|^ 
the act concerninff consuls and vice-consuls, and for the further *S*«w» or p«fc^ 

I. A • 99 t A . , • I I 1 J80B, •xlanded to 

protection of American seamen," passed on the twenty-eighth day yMnit «iimed 

of February, Anno Domini eighteen hundred and three, shall i?/^* ***** 

hereafter apply and be in foil force as to vessels engag€d in the 

Whale fishery in (he same manner and to the same extent as 

the same is now in force and applies to vessels bound on a foreign g^^^,^'^'^^- 

voyage. •»•'?• 

^ 8. And be it further enacted, That all forfeitures, fees, do- ^„ tarMuitm. 
tiei and charges of every* description required of the crews of nfjau^dbimaM 
such vessels, or assessed upon the vessels or cargoes, being the •ii«B'iL7«f • SSk 
produee of such fishery, because of a supposed insufficiency of a ^!Z ^^Sm!1 
register to exempt them from such claims, are hereby remitted ; tJLS?^'^!?- 
and all bonds given for sucii cause are hereby cancelled, and the ^^^ "^ 
Secretary of the Treasury is hereby required to refund all such 
moneys as have been, or which may be, paid into the Treasury^ 
to the rightful claimants, out of the revenues in his hands. 

Approved, April 4th, 1840. 

CHAP. 8. An act for altering the time of holding the District Court of 
the United States for the Western District of Pennsylvania at Wil- 
iiamsport. 

<^*1. BeU enacted, fyc, That the term of the District Court The term or 
at the United States for the Western District of Pennsylvania, thlu'kfalr"^°e 
which is now directed by law to be bolden at Williamsport, in ^{^'^[ub^ 
the cooBty of Lycoming on thd first Mondays of June and Octo-5jgfSj,5^ 
her in each year, abaU be hereafter holdoD on the third Moodaya g^J»>« i"^ 
of June and October in each year. 

^ 3. And be ii further enacted, That the first session of the* -nieflnteenfoii 
Dialrtet Com't to be held at Williamsport after the passage of this iCfthM m^ 
act shall be on the third Monday of June one thousand eight '''^^'^^^ 
bondred and forty. 

^ 8. And be U further enacted, That all process which may aii proeen 
have isaaed, or wbieh umf beroftfter issue at Williansport leturn- '^"^ ^ '^'""^ 



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279a 1840- — Chap. 8— 10; 

2r chiSed'™*****® *^ J""^ ^^^^» •* h6retofore established, shall be held returni^ 
mu act. able, and be returned, to the terms as changed by this act. 

Approved, Mof 8th, 1840. 

CHAP. 9. An act to revive an act authorizing certain soldiers in the late 
Act of 1826, e. war to surrender the bounty lands drawn by thera and to lodate others 
losff. ^^' in lieu thereof, and for other purposes. 

1^^ w^?d^5S ^^' -^^ *^ enacted, fyc, That the act of the twenty-second of 
coniioaed for five May, One thousand eight hundred and twenty-six, entitled <' Aq 
foi^itended'toact authorizing certain soldiers in the late war to surrender the 
imnou and Mi«' (j^^j^^y [g^^jg drawn by I hem, and to locate others in lieu there- 
of," be, and the same is hereby, revived and continued in force 
for the term of five years; and the provisions of the above re-* 
cited act shall be, and are hereby, extended to those having like 
claims in the States of Illinois and Missouri. Approved, May 
27/A, 1840. 

29n^ToL ^^*p! CHAP. 10. An act to extend for a longer period the severat acts now in 
^ctof 1832, c. force'for the relief of insolvent debtors of the United^ States. 

SST vol 4 n CQQ y 

Act <^ 1834, c. ^ I. Be it enacted, fyc, That the act entitled " An act for 
^Ax»?so1'i%e2^the relid* of certain insolvent debtors of the United States," 
j^Y/^ 1^* itnd passed on the second day of March, one thousand eight hun<« 
v^edT^'lzt^deddred and thirty-one, and an act in addition thereto, passed on 



thw°"M?",^«nd ^'^® fourteenth day of July, one thousand eight hundred and 

STm ^^ iT*' ^'*'>'^y*^^^> ^^^ ^^ ^^^ ^^ revise and amend the said acts, passed 

uhS\ bo'^^deuNon the seventh day of June, one thousand eight hundred and 

mined. fhirty-four, be, and the same are hereby, revived, extended and 

continued in force for three years from and after the passage of 

this act, and until the cases then pending shall be determined 

for the purpose of finally disposing of such cases, but for xiooth- 

^t purpose. 

ioM wiicSbil*?; ♦ 2. And be it further enacted, That the provisions of the 

ScoriSd*'*** m'^'said scvcral acts shall apply to cases of insolvency, which shall 

occur. Uforo the havc occurred on or before the passage of this act, or shall occur 

end of laid three ,.,.,, r o 

feui, during the said three years. 

of^So fw^to ^ 3. And be it further enacted, That the Secretary of the 
t!"5 e*ur^^*'*f '^''^^'"''y ^'^^'^ ^® authorized to cause satisfaction to be entered of 
record upon au rcoord upon all judgments against any debtor or debtors, yvho 
^'Ji!S^"wh?h![?Imay have heretofore been released under the provision of any of 
^aiS,"^^ ^®*the acts which are extended, continued and revived by this act, 
FtQvho. Q|. ^iiQ may hereafter be released by the said acts : ^Providedi 

The district judge in the district in which such judgments are on 
record, shall certify that it has not been made to appear to the 
satisfaction of. the said district judge, by evidence submitted to* 
him by the district attorney of the United States, that the debt- 
or is possessed of or entitled to any property which waS not dis- 
closed and set forth to the commissioners of insolvency at the 
time of the examination of such debtor, under his, her, or their 
petition, to be released from his, her, or their indebtedness to the 
United States. Every application Aox sach certificate shall be 



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1840 Chap. 10—12. 2^93 

fftade to a judge at Chambers, and ten days' previous notice shall 

be given to the district attorney (or the district wherein the said 

application is ffkade, together with copies of all the papers on 

which such application shall be ratidc. And so much of the so much of um 

said recited acts, or either of them, as is inconsistent herewith, orl^/*„i/i"'J^ 

id hereby altered or supplied, be, and the sam€ hereby is, tepeal- JjJJ^w^"'^*"^ 

ed. jipproved, May21thy 1840. 

CHAP. 11. An aot authorizing Sippican and Mattapoisett, within the 
township of Rochester, in the State of Massachusetts, to be known 
hereafter as ports under those names. 

^ I. Be it enacted f fyc, That Sippican and Mattapoisett, har- sippican and 
bora within the township of Rochester, in the State of Massa- bl^^^^teraaftM 
chu8.ett8, be hereafter respectively known as porls under those JJJ'JJ.JJi.pJ'J^' 
names within the collection district of New Bedford; and tbatj'^^j^'rj^*'***^^**^^ 
the respective inhabitants thereof be authorized to describe as the instead of Boch. 
law requires their vessels as belonging to the respective places *''"* 
instead of Rochester. Approved, May 21th, 1840. 

CHAP. 12. An act supplemental to the act entitled ** An act to grant isg^^ta p. atfiS.' 
pre-emption rights to settlers on the public lands." approved June twen- 
ty-second, eighteen hundred and thirty-eight. . 

^ 1. Beit enacted, ifc, That in all cases where a settler ondao^^'^'oa ^J 
the public lands may reside, or have his dwelling house upon one SDyinUiiTdonSi' 
quarter section, and cultivate land on another and different quar- [""^^^^ ^y^'^ii 
ter section, such settler may make his election under the act to ^^»j» r/ub^iViis' 
which this is a supplement, to enter either of said quarter sections, iomof eoch not 

....... i. • ^ s. J . l« exceed ono 

of legal sub-divisions of each, so as not to exceed ^pe quarter quancrjvctionii* 
section in all. ^ 

^ 2. And be it furthW enacted, That in all cases ^re „rovem^« ».S^ 
an individual may iave made an improvement on the pub- LwTd%M"n?ed"l 
lie land, and had afi^ward leased or rented such improve- jj»»|j^'jJ[J;/®j; 
merit to another person, who was in possession of the same on improvcmenu 
the twenty-second of June, eighteen hundred and thirty-eight, 'he right of pf** 
and for the period of four months next preceding, or wlien the ®"p'***' 
lessor or lessee, together, occupied such improvement during 
said four months, the person who made snch improvement and 
so rented or leased the same, shall be entitled to the right of pre- 
emption, notwithstanding he may have been out of possession 
of his improvement during said four months, or any part there- 
of. 

^ 3. And he it further enacted. That every settler on the pub- J^;^^^^^^. 
Ijc lands, which were not surveyed at the passage of the act to wyed nt tbe pei- 
which this is a supplement, and who, since the survey of such t^'wMcb ntii^i 
public lands has been ascertained to have resided at the date of S^^'mlt.lll!^ 
said act, and for four months preceding, on a sixteenth section, JJJ;?,J Hf Jf* 
Bet apart for the support of schools in any township, shall be en- for ■ciiooii, emi- 

, ^ r . • • • I 1 led to enter oin' 

titled to enter at the mmimum price any other quarter section er lud. 
of the public lands lying in the same land district, to which no 
dher person hsis theN-tght of pre'*emption, on making satisfac- 



Digitized by CjOOQIC 



2r94 1840 Chap. 1^—13. 

• 

tory proof of his or her residence as aforesaid on such sixteenth ' 
section, before the register and receiver of the land office of said 
district, 
pononi who ^4. And be it further enacted J That every person who may 
H^TtbHe uod XI' have been a settler, within the meaning of the act to which 
b*'an*' suiT^iSr ^'^'s is a supplcmeni, or any public land before its selection by 
a ^Mininary^^fany State for the purposes of a seminary of learning, under any 
any°a^ of Con- act of Cougrcss authorizing such selection, on satis^ctory proof 
MtTr oUMHaad!^ of the facts beforc the register and receiver of the district in 
which his improvements were situated, shall be permitted to eir- 
ter at the minimum price, any other quarter section lying in the 
^ame land district, to which no other person has the right of pre- 
emption. 
The act of th« ^ 5. And be it further enacted y That the " Act to grant pre- 
^tinu^'tm^ emption rights to settlers on the public lands," approved, June 
'Jj^*;i^J[®^Jj;;! twenty-second, eighteen hundred and thirty-eight, be, and the 
emption extended g^me is hereby, continued in full force till the twenty-second day 
the pabiio lands of Juno, eighteen hundred and forty-two; and the right of pre- 
tweaet. ^ eiDption, under its provisions, shall be, and .hereby is, extended 
to all settlers on the public lands at the date of this act, with the' 
- same exceptions, whether general or special, and subject to all 
the Kmitations and conditions contained in the above recited act, 
and with the explanatory provisions of the preceding sections of 
this act ; and nothing in the last proviso of the act of thetwen- 
ty«second of June, eighteen hundred and thirty-eight, shall be 
so construed as to defeat any right of pre-emption accruing un- 
der said act, or under this act, or under any preceding act of 
Congress, nor shall said pre-emption claims be defeated by any 
contingent £lhoctaw location. Approved, June^ 1st, 1840. 

CHAI*. 13. An aci to carry into effect a convention between the United 
States and the Mexican Republic. 

J^^^h!"^ ^ 1- J'^** enaetedy ifc. That tlie President of the United 
«p«DtUbyibo1ir States, bv and with the advice and consent of the Senate, shall 

8, with two to be • . • • ^ «• 'aL. * 

«ppoiatedby Hex- appoint two commiBBioners, who, together witn two commuh 
bSrd'^lodedffoIsionersto be appointed by the President of the Mexican Re- 
:Jj!SMi"oa^*'whhPoWic, shall form aboard, whose duty it shall be to receive 
J]«»«J^«f April and examine all claims, which are provided for by the con- 
vention between the United States and the Mexican Repub- 
lic, concluded at Washington on the eleventh day of April, one 
thousand eight hundred anh thirty-nine, and which may be pre- 
sented to said commissioners under the same, and to decide there- 
on according to the provisions of said convention, and the prin- 
th^^fiE^^^ciples of justice, equity, and the law of nations. 
Tii^taJd' **"* ^2. And be itfurth0r enacted, That the President of the 
United States, by and with the advice and consent of the Seo^ 
ate, shall appoint a Secretary to said commissioners, in behalf 
of the United States^ versed in the English and Spanish lan- 
guages. 
^3. Andbe U further enaOedj Th^t said coounisMMeni on 

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1840 Chap. 13. 2795 

* 

the part of the United States iqjMonjunction with the commi8-c<SSt5Sfii "^ 
sioners on the part of the MexicaiiRepubliCy shall beyond they arejj;^;'^^ ^ 
hereby authorized to make all needful rules snd regulations for con- ngotatioM. 
ducting the business of their said commission, such rules and regu- 
lations not contravening the Constitution of ^he United States, 
the provisions of this act, or the provisions of said convention. 

§ 4. And be it further enacted, That the compensation of the The eonmnia. 
respective officers, for whose appointment provision is made by liSlJlLilli wd 
this act, shalt not exceed the following%ums, namely : To said saereurj. 
commissioners, at the rate of three thousand dollars per annum 
for each ; to th6 secretary at the rate of two thousand dollars 
per annum. And 4he President of the United States shall be, The eontiasmt 
and he is hereby, authorized to make such provision for the con- SSTrT* **^ **** 
tingent expenses of the said commission on the part of the Uni- 
ted States, as shall to him appear to be reasonable and proper ; j^^ ^^^ ^^^ 
and the said salaries and expenses, and likewise all that part of »g«^ ot thm 
the salary and expenses of the arbiter under said convention, 
iivhich is required thereby to be defrayed by the United Stat^, 
shall be paid out of any money in the Treasury not otherwise 
appropriated. 

^ 5. And be it further enacted. That all communications to communicUont 
and from the ifecretary of said commissioners appointed under to aod from'tb! 
this act, on the business of the commission, shall pass by mail fij^'lr ji^n^.^ 
free of postage. 

^ 6. And be it further enacted. That so soon as said commis- The awards or 
sion shall be executed and completed according to the provisions i^^^**gJVejSi?d 
of said convention, the commissioners aforesaid shall report to J^^g'^^j .^**''^' 
the Secretary of SteUe a list of all the several awar^ made by"" "**' 
tfiem : and the records, documents, and all other papers, in the tim papen of 
possession of the commission or its officers, or certified cop^s orb^°^de'^,*j^d°in 
duplicates thereof, shall be deposited in the office of the Secretary UJ„®'*'° i>epMi- 
of State. 

*^ 7. And be it further enacted, That the Secretary of State Tha secretary 
shall transmit to the Secretary of the Treasury a certified copy of miito^ui^se^ 
the report of said commissioners, or of the award of the arbiter SJ7°»'**certS!d" 
or umpire, as provided by said convention to be made in case of ^p{,J^ '&mSI* 
the disagreement of said commissioners ; and the Secretary of •<<««"• 
the Treasury shall cause certificates to be issued, in such form as The secretary 
he may prescribe, showing the amount or proportion of com pen- To ^e^txil^^?- 
sation to which each person, in whose favor award shall have th^lv^ ^1& 
been made by said commissioners or umpire, may be entitled as JJi^'yVto Mcii 
against the Mexican Government on account of the claims pro-p«r«oa- 
vided for by said convention. 

^ 8. And be it further enacted. That it shall be lawful for the^^^« t^'^^7 
Secretary of the Treasury, and 4e is hereby authorized and re-?eqoiied iomom 
quired, to cause any moneys which may be paid by the Mexican m^xTo to te^lS- 
Government in satisfaction of said awards^ to be remitted on the ^*^^^^^^'>\.^ 
most advantageous terms to the United States, and all moneys ^"^^^s^ 

., ••■ • ■ • M /••• till termt. Daia nao- 

Cived under said convention, or by virtue of this act, shall beaeyeto be depot- 
. Mited in the Treasury of the. United States, and the sameory« 



Digitized by CjOOQIC 



279C} 1840 Chap. 13— 15. '^ 

tioT^hereof?^''''' ^^^ hereby appropriated to be llistributed and paid to those enti-* 
Said monij to x]q^ thcreto accordiDg to the provisions of this act ; and the Secre* 
the smVou^ pfry of the Treasury shall distribute the same, in ratable propor- 
iiuibte^'p'ropo*" lions, aniiong the persons aforesaid, according to the proportions 
fioot. which their respective awards shall bear to the whole amount re* 

ceived, and at such time or times as the same shall be received 
ifito the Treasury. 
iiifd^of %V'mJ ^ 9- ^"^ *^ U further enacted, That if the Mexican Govern- 
^h* awrrdriMu*"™®"^' *" placs ofal onc^ paying the amount of said -a wards shall 
Treuory 'notes scc fit to issuo Trcasury uotes therefor as provided bysaidconven* 
ron[??''* o? thVtion then it shall be lawful for' the Secretary of the Treasury, 
n^'^Mid^noti^and he is hereby authorized and required, lo receive the said 
"fbo^'JIil35o'?J" Treasury notes, and to deliver the same to the persons who shall 
miedtUwto. be respectively entitled thereto, in virtue of the awards made un- 
der said convention, and of the certificates issued as hereinbefore 
provided, 
of^tjhie T^llVy ^ 1^- ^^^ ^^ *^ Jurlher enacted, That in the payment of 
m the imymenu nioney or the issue of certificates in virtue of^this act, the Secre* 
ney that may ho tary of the Trcasury shall first deduct and retain, or make reser* 
^son> towhomvation of, such sums of money, if any, as may be due the Mm^ 
5^"JJi«*" ***''* led Slates from persons in whose favor awards shall have been 
made under said convention. Approved, June \2ih, 1840. 



CHAP. 14. An act to authorize registers and receivers to adminisiep 
oaths, required to be taken by purchasers of public land. 

towaad^ccSLJJ ^ I. Beit cncctcd, (fc, That the register or receiver, of any 
oath.rJq.'JiiedtoOf ^hc land offices of the United States shij^l be authorized, and 
Sbairrof public '^ ^1^^" be^he duly of said officers, to administer any oath ©r 
laad*. oaths, which now are or hereafter inay be required by law, in 

coniveclion with the entry or purchase of any tract of land ; and 
wiirS\^*°* fuTJe if any person shall, knowingly and wilfully, swear falsely to any 
5eomJi?*porjury^ fi^ct Contained in any oath or affidavit so taken or made, he or 
she shall be deemed and held guilty of perjury, and shall, oq 
No coiDMiMa- conviction, suffer all the pains, penalties, and disabilitfes, which 
indirectly to benttacli to said crimc in other cases of perjury under the laws of 
S^f^Jmio'lrtor- the United States : Provided, That such land officers shall not, 
iDf the oaths, directly or indirectly, charge or receive any compensation for ad- 
ministering such oaths. Approved, June 12/A; 1840. 



CHAP. 15. An act for the discontinuance of the office of the Surveyor 
. General in the several districts, so soon as the surveys therein can be 

completed, for abolishing land offices under certain circumstances anJ 
for other purposes. 

of the TraTs^r? ^ \, Be it enoctcd, SfC, That it shall be the duty of the Seo« 
for\*!?oomp'iJu* retary of the Treasury to lake all the necessary measures for the 
SJcu wCrt ,*ljjl completion of the surveys, in the several districts for wliich sur- 
iSvS'boeB?Jroi5J^®y.^'* general have been, or may be, appointed, at the earKest 
tJhlo •P^'2*'- P®*'*®^8 compatible with the purposes contemplated by law ; and^ 
in any^diifcS whenever the surveys and records .of any such district or Stat<r 
Irilhin^ilKi shall be completed, the surveyor general thereof shall bcrcliuired 



Digitized by CjOOQIC 



'*•'' 1840— ^HAP. IS— 17. 279? 

to deliver over to the Secretary Q|ptate of the respective States, J} sitf*Sr*?2 

^ including such surveys, or such other officer as may be authori- SlSdr ^**'** 

* zed to receive them, all the field notes, maps, records, and other Tb« ofs^^str: 



papers, appertaining to land titles, within the same ; and the of- u^'aAet ' 
fice of surveyor general, in every such district, shall thereafter •••^ 
cease and be discontinued. 

^ 2. And be it further enacted, That whenever the quantity wheo* ui i^b^ 
of public land remaining unsold in any land district shall be re- toteI"7h!?D iw*^- 
duoed to a number ef acres less than d^ne hundred thousand, it S^,«2^^^2»r tSi 
shall be the duty of the Secretary of tlie Treasury«o discontinue Jj^^^'^g,, '^^ 
the land office of such district; and if any land, in any s°<^l^ JT'^^^^ 
district, shall remain unsold at the time of the discontinuance of«il!Mter «niMi<H 
of a land office, the same shall be subject to sale at aome one of 'o^ at'^e^r 
the existing land offices most convenient to tbe district in which Jit ''SiiTeSeS 
the land office shall have been discontinued, of which the Secreta- to the dbirieu 
ry of the Treasury shall give notice. Approved, June 12fA, 1840. 

CHAP. 16. An act concerning prisoners of the United Stated commit, 
ted to the gaol in*the County of Providence and State of Aho^e Is* 
land. 

^ I. Beit enacted, fyc. That ail prisoners committed to the pre- of^eVsTS" 2 
sent gaol in the County of Providence and State of Rhode Island jjg' ;S?ri^tioM 
binder the authority of the United States, shall be kept until *°^ ^^en " 
discharged by due course of the laws thereof under the like re- ahoSe island. 
striclions and penalties as in the case of prisoners committed to 
aaid gaol under the authority of said State of Rhode Islands 

Approved, June I2th, 1840. 

■ — — - — s — * 

CHAP. 17. An act making provision for the payment of pensions to the 
executors or administrators of deceased pensioners in certain cases. 

^ I. Beitenacledy SfC, That in case any male pensioner in case of a 
shall die, leaving children, but no widow, the amount of pen- chudmi'imt'^nl 
aion due to such pensioner at the lime of his death shall be"^^^"^* 
paid to the executor or administrator on the estate of such pen- 
sioner, for the sole and exclusive benefit of the children, to he 
by him distributed among them in equal shares, and the same 
shall not be considered as a part of the assets of said estate, nor 
liable to be applied to the payment of the debts of said estate in' 
any case whatever. 

^ 2. And be it further enacted, That in ease any pensioner ^ owe ©r a 
who is a widow shall die, leaving children, the amount of pen-p«°«gjj»«'jjj«*j 
sion due at the time of her death shall be paid to the executor children. 
or administrator for the benefit of her children, as directed in 
the foregoing section. 

^ 3. And b£ it further enacted, That in case of the death of in ca« or anj 
any pensioner, whether male or female, leaving children, the SSudS?.'^'*'^*^ 
amount of pension may be paid to any one or each of them, as 
they may prefer, without the intervention of an administrator. 
- Apprised, June l^fj, 1840. 



Digitized by CjOOQIC 



2798 1840 C«p. 18. - V» 

#HAP. 18. An act to provide foe the collection, safe keeping, tranifefy 
ofi8£!c.7.iMMtp. and disburfiement^df the public revenue. 

Rooms to be ^ I. Be it enacted, SfCf That there shall be prepared and 
Vmiuu^T!°'wd provided, within the new Treasury building now erecting at the 
fer***^ihe"^poWte*eat of Government, suitable and convenient rooms lor the use 
?S^mu«ud^^ the Treasurer of the United States, bis assistants and clerks : 
TreLSy.*^ ^«and sufficient and secure fire-proof Vdults and safes for the keep- 
ing of the public moneys in the possession and under the imme- 
diate control of the said Treasurer ; which said rooms, vaults, 
and safes, are^^ereby constituted and declared to be, the Trea- 
Th« pabiic^ury ^^ ^h® United States. And the said Treasurer of the Uqi- 
£m*S«rt£, m-^^^ States shall keep all the public moneys which shall come to 
»>J]jjjJ»dni^uM-hi8 hands in the Treasury of the United States, as hereby con- 
' ^' stituted, until the same are drawn therefrom according to law. 
U.S. Mint, and <^ 2* And be it further enacted. That the Mint of the United 
«N**orieM^^ in the city of Philadelphia, in the Slate of Pennsylvania, 

bj^gacei of de-j^nd the Branch Mint, in the city of New Orleans, in the State 
of Louisiana, and the vaults and safes thereof, respectively, shall 
TreMguren ofbe plsces of dcposite and safe keeping of th6 pnblic moneys at 
branch Mint to thoso poiuts respectively J and the Treasurer of the said Mint 
thqrabfi^m^ne^and Branch Mint respectively, for the time being, shall have the 
depowtttitberem^ygj^^jy and carc ofall public moneys deposited within the same, 
and shall perform all the duties required to be performed by 
them, in reference to the receipt,, safekeeping, transfer and dis* 
bursements of all such moneys, according to the provisions here- 
inafter contained. 
Rooms to be ^3- -^^ ^^ %t farther enacted, That there shall be prepared 
SStom* HouaS'^'*^ provided, within the custom-houses no% erecting in the city 
ifc^n fiJthefl!!^'^ ^®^ York, in the State of New York, and in the city of Bos* 
eewen^generai; tou, in the State of Massachusetts, suitable and convenient rooms 
for the use of the receivers-general of public moneys, hereinafter 
ud TAidts and directed to be appointed, at those places, respectively ; and suf- 
ik^mon^«^(M>^^ficient and secure fireproof vaults and safes for the keeping of 
li^itbthen^ public moncys collected and deposited with tiiem, respec- 
ge»Mii"t?'S!ro ^^^®'y * and the receivers-general of public money, from lime to 
S52S£i!«iSL,ttd ^""®> appointed at those points, shall have the custody and care 
niMsAe. of the said rooms, and safes, respectively, and ofall the public 

moneys deposited within the same ; and shall perform all the du» 
ties required to be performed by them, in reference to the re- 
ceipt, safekeeping, transfer, and disbursement of all such moneys, 
according to the provisions of this act. 
s^«M to be ^4. And be itjurther enacted, Thai there shall be erected, 
recewera. general prepared, and provided, at the expense of the United Slates, at 
suLlS2!!f^*°^the city of Charleston, iii the State of South Carolina, and at the . 
city of St. Louis, in the State of Missouri, offices, with suitable 
and convenient rooms for the use of the receivers-general of pub- 
lic money hereinafter directed to be appointed at the places above 
■SbsSruie ^^^^^^ > ^^^ Sufficient and secure fireproof vaults and safes for 
lie sumYi^-the keeping of the public money collected and deposited at those 
itSriitSihSi?'P<>ints respectively; and the said receivers-general, from time toi^ 

Digitized by CjOOQIC 



r 



1840— *Chap. 18. 2799 

iJme appointed at those places, ^11 have the custody and cai^ fewAi'S^hSt 
of the said offices, vaults, and sms, so to be erected, prepared, cuitody ^mm 
and provided, and of all the public moneys deposited within the SSJ*^ *" 
same ; and shall perform all the duties required to be performed 
by them, in reference to the receipt, safekeeping, transfer, and 
disbursement of all such moneys, according to the provisions 
hereinafter contained. 

^ 5. And be it further enacted, That tlie President shall FourreeeiTen. 
nominate, and by and with the advice and consent of the Senate, p^°m?<i-wl^ 
appoint four officers, to be denominated ". receiyers-generai of 5^ ^*"° "^ 
public money," which said officers shall hold their respective 
offices for the term of four years, unless sooner removed there- 
from ; one of which shall be located at the city of New York, in oii««t n. York,- 
the State of New York; one other of which shall be located at 0^^,130^00, 
the city of Boston, in the State of Massachusetts ; one other of 
which shall be located at the city of Charleston, in the State ofSS!** ^*^*'' 
South Carolina ; and the remaining one of which shall be loca- 
ted at the city of St. Louis, in the State of Missouri ; and all of^^^'^ •* ^ 
which said officers shall give bonds to the United States,, with ah required to 
sureties according to the provisions hereinafter contained, for the *'^® ****"*'■• 
' faithful discharge of the duties of their respective offices. 

^ 6. And be it further enacted, That the Treasurer of the ^^^^^ ^^^^, 
United States, the treasurer of the Mint of the United States, o^ wiuiu»e cue- 
the treasurers, and those acting as such, of the various Branch moneys-uiar *^ 
Mints, all collectors of the customs, all surveyors of the customs^"*'** 
acting also as collectors, all receivers-general of public moneys, 
all receivers of public moneys at the several land offices, and all 
postmasters, except as is hereinafter particularly provided, be, 
and they are hereby, required to keep safely, without loaning or 
using, all the public money collected by them, or otherwise at 
any time placed in their possession and custody,' till the same is 
ordered by the proper department or officer of the Government 
to be transferred or paid out ; and when such orders for transfer 
or payment are received, faithfully and promptly to make the 
same as directed, and to do and perform all other duties as fiscal 
agents of the Government, which may be impend by this or any 
other acts of Congress, or by any regulation of the Treasury De- 
partment, made in conformity to law ; and also to do and per- 
form all acts and duties required by law, or by direction of any 
of the Executive Departments of the Governraeot, as agents for 
paying pensions, or for making any other disbursements which 
either of the heads of those departments may be required by law 
to make, and which are of a character to be made by the depos- . 
itarics hereby constituted, consistently with the other official du- 
ties imposed upon them. 

^ 7. And be it further enacted, That the Treasurer of the .^^f^°^ ^°^^ 
United States, the Treasurer of the Mint of the United States, Trejuurer of th© 
the Treasurer of the Branch Mint at New Orleans, and the re- Mint and of the 
ceivers-general of public money hereinbefore directed to be ap- JT oSeani" «"d 
feinted, shall, respectively, give bond^to the United States, i"^nJJ2*'^'*" 



Digitized by LjOOQIC 



2900 1840 Cmv. IS. 

sucb form, and for such amounts, as shall be directed by the 
^aid bondjnuy Secretary of the Treasury, by And with the advice and consent 
■trangtbened^Jof the President, with sureties to the satisfaction of the Solicitor 
of the Treasury ; and shall, from time to time, renew, strengthen, 
and increase their official bonds, as the Secretary of the Treasu* 
' ry, with the consent of the President, n>ay direct; any law in 
reference to any of the ofiicial bonds of any of the said ofllcers' 
to the countrary notwithstanding. 
'^^h *" thJ ^ ®' "^^^ ^^ *^ further enacted, That it shall be the duty of 
otbe? deposiu-the Secretary of the Treasury, at as early a day as possible after 
b7'tiu«act!'^"^*'^the passage of^his act, to require from the several depositaries 
hereby constituted, and whose official bonds are not hereinbefore 
provided for, to execute bonds new and suitable in their terms 
to meet the new and increased duties imposed upon them respec- 
tively by this act, and with sureties, and in sums such as shalt 
seem reasonable and safe to the Solicitor of the Treasury, and 
Said bondi may frof" ^™® ^^ ^"^® *^ require such bonds to be renewed and in- 
irea'Md ^*'' and ^''^^^^^ in amouut and strengthened by new sureties, t« meet 
■trangthened. any increasing responsibility which may grow out of accumula-* 
tions of money in the hands of the depositary, or out of any 
other duty or responsibility arising under this or any other law of 
Congress. 
Collectors and ^ 9. And be U /urtker enacted^ That all collectors and re-* 
iiclioiiey^fn'uieceivers of public money, of every character and description, with- 
toStyovw,%^^^^ ^^^ district of Columbia, shall, as frequently as they may be 
"wiwooi directed by the Secretary of the Treasury, or the Postmaster 
General, so to do, pay over to the Treasurer of the United States 
Phiiadaiphia at the Treasury thereof, all public moneys collected by them, or 
*^ ^' ^"•'*** in their hands ; that all 'such collectors ^nd receivers of public 
moneys within the cities of Philadelaphia and New Orleans, shall 
upon the same direction, pay over to the Treasurers of the Mints 
in their respective cities, at the said mints, all public moneys col- 
lected by them, or in their hands ; and that all such collectors 
U York, Boa- and rcccivers of public moneys within the cities of New York, 
is Bt!*KuiI^'** Boston, Charleston, and St. Louis, shall, upon the same direc- 
tion, pay over to the receivers-general of public money in their 
respective cities, ft then- offices respectively, all the public mon- 
eys Collected by them, or in their hands, to be safely kept by 
the said respective depositaries, until otherwise disposed of ac- 
cording to law ; and it shall he the duty of the said Secretary 
and Postmaster General tQ direct such payments, by the said col« 
lectors and receivers, at all the said places, at least as often as 
to *£ 'raflda^atonce in each week, and as much more frequently, in all cases, as 
wMk. **"** * they, in their discretion, may think proper. 

The sw^ratary ^ ^^' "^^^ ^^ ^ furtker enacted, That it shall be lawful 

MthSfiaTr'^to'^'' ^^^ Secretary of the Treasury to transfer the moneys in the 

Makatraaarereor hands of any depositary hereby constituted, to the Treasury of 

ttonay.. '^^^'^ the United States; to the Mint at Philadelphia; to the Branch 

Mint at New Orleans ; or to the offices of either of the receivers* 

general of public moneys, by this act directed to be appointed; 



■Digitized by CjOOQIC 



1840 — -Chap. 18. 2801 

to be there safely kept, according to the prorisiong of this act ; 
and also to transfer moneys in tfie hands of any one depositary 
constituted by this act to any other depositary constituted by the 
same, at his discretion, and as the safety of the public moneys, 
and the convenience of the public service shall seem to him to 
require ; which authority to transfer the moneys belonging to 
the Post Office Department is also hereby conferred upon the^'^^'^ii'a'i^n 
Postmaster General, so far as its exercise by him may be consis- ^^ u> ^^i^i 
f lent with the provisions of existing laws; and every depositary LTy/MonliDTto 
constituted by this act shall keep his account of the money paid DwSeii^**^ 
to, or deposited with, him, belonging to the Post Office Depart- k^f^*|^"JJ 
ment, separate and distinct from the account kept by him of ^"(^ dicunct nc- 
other public moneys so paid or deposited. And for the purpose monoy bek>ngiii( 
of payments on the public account, it shall be lawful for theS^SSji^** 
Treasurer of the United States to draw upon any of the said de- 
positaries, as he may think most conducive to the public inter- 
ests, or to the convenience of the public creditors, or both. ^ 

<^ 11. And be it further enacted, That the moneys in the may ^J^^ 
hands, care, and custody, of any of the depositaries constituted neyTb^iSL'b^S 
by this get, shall be considered and held as deposited to the cre-bJheid^JI5,u 
dUofthe Treasurer of the United States, and shall be, at alljy\,JJig;jjj^^ 
times subject to his draft, whether made for transfer or disburse*^ B">«ui4«et to hii 
ment, in the same manner as though the said moneys were ac- 
tually in die Treasury of the United States ; and each deposita- mSw^IJJSjS S 
ry shall make returns to the Treasury and Post Office Depart- p^o^Jg^J^J 
ment of all moneys received and paid by him, at sMch times, and ^^i^'^^"*^^" ^ 
in such form, as shall be directed by the Secretary of the Trea-*'*''* *"** "***** 
sury or the Postmaster General. 

i 12. And be it further enacted, That the Secretary of the to bfSSiTSf SJ 
Treasury shall be, and he is hereby, authorized to cause exami-j^jjjj^**^'** 
nations to be made of the books, accounts, and money on hand, 
of the sev^eral depositaries constituted by this act ; and for that 
purpose to appoint special agents, as occasion may require>wilh special a^nu 
such compensation as he may think reasonable, to be fixed andgJ^j^t^JJJIJl,^ 
declared at the time of each appointment. The agents selected 
to make these examinations shall be instructed to examine as well * 
the books, accounts, and returns of the officer, as the money on 
hand, and the manner of its being kept, to the end that uniform- 
ity anH accuracy in the accounts, as well as safety to the public 
moneys may be secured thereby. 

^ 13. And be it further enacted. That in addition to the ex- .^IST^o'S 
aminations provided for in the last preceding section, and as a"*^^^**^^* 
further guard over the public moneys, it shall be the duty of each 
naval officer and surveyor, as a check upon the receiver-general 
of public moneys, or collector of the customs, of their respective 
districts ; of each register of a land office, as a check upon the 
receiver of his land office ; and of the director and suberintedent 
of each Mint and Branch Mint when separate offices, as a check 
upon the Treasurers, respectively, of the said Mints, or the per- 
sons acting as such, at the close of each quarter of the year, and 



Digitized by LjOOQIC 



3802 18^0 CflAP. 18. 

fls much more frecHienlly as they shall be directed by the Secre- 
tary of the Treasury to do so, to ejramine the books, accounts, 
returns^ and money on hand, of the receivers-general of public 
money, collectors, receivers of land offices, treasurers, and per- 
sons acting as such, and to make a full, accurate, and faithful re-> 
turn to the Treasury Department of their condition. 
Nac«M«ry ex- <^ 14. And be U farther enacted. That the said officers re- 
Cpr*i)f*'chMu;spectively, whose duty it is made by this act to receive, keep, 
Ao. allowed. ^^^ dlsbursc the public moneys, as the fiscal agents of the Gov- 
ernment, may be allowed any necessary additional expenses for 
clerks, fireproof chests, or vaults, or other necessrry expenses of 
All •ttchcxpoo- safekeeping, transferring, and disbursing said moneys; all such 
Mflfirstto beau, expenses of cvcrv character to be first expressly authorized by 
Sec. orTroaaury. ihe Secretary of the Treasury, whose directions upon all the 
above subjects, by way of regulation and otherwise, so far as au- 
thorised by law* are to be strictly followed by all the said officers ; 
provi8<k Provided, That the whole number of clerks to be appointed by 
virtue of this section of this act, shall not exceed ten, and that 
the aggregate compensations of the whole number shall not ex* 
ceed eight thousand dollars, nor shall the compensation of any 
one clerk, so appointed, exceed eight hundred dollars per an- 
num. 
relarnin/**wuh ^ ^^' ^^^ *^ U further enacted, That the Secretary of the 
tbe prtMot do. Treasury shall, with as much promptitude as the convenience of 
S?ii!diLwa,^°d^o. the public business; and^he safety of the public funds will per- 
mit, withdraw the* balances remaining with the present deposita- 
ries of the public moneys, and confine the safekeeping, transfer, 
and disbursement of those moneys to the depositaries established 
by this act. 
raymentfl of ^ 16. And be it further enacted^ That all marshals, district 
itoeu.s^'aCdVy- attorneys, and others, having public money to pay to the United 
!!!!7o^wbom''ur'be Statcs, and all patentees, wishing to make*. payment for patents 
"'*''*• to be fssued, may pay all such moneys to the Treasurer of the 

United States, at the Treasury, to the Treasurer of either of the 
Mints, in Philadelphia or New Orleans, to either of the receiv- 
ers-general of public money, or to such other depositary consti- 
tuted by this act as shall be designated by the Secretary of the 
Treasury, in other parts of the United Statcs, to receivc^uch 
payments, and give receipts or certificates of deposite therefor. 
Entriei leqoir- ^ H. And be it fuHhcr enacted, That all officers charged by 
JJbhc'"* m"i?noyi[ ^his act wiih the safekeeping, transfer, and disbursement of the 
Vo»aw^i^ whS P"'^"^ moneys, other than those connected with the Post Office 
the pmi Office Department, are hereby required to keep an accurate entry of each 
parimenu ^^^ rcccivcd, and of the kind of money in w'hich it is received,' 
and of each payment or transfer, and of the kind of currency in 
which it is made; and that if any one of the said officers, or of 
those connected with the Post Office Department, shall convert 
officer to^ aw ""m to his own usc, in any way whatever, or shall use by way of in- 
froiied^o'Yiai- vcstment in any kind of property or merchandise, or shall loan, 
whiShSTSUptN^"'^ ^' without interest, any portion of the public moneys in- 



Digitized by LjOOQIC 



1840; Chap. 18. 2803 

trusted (o him for sarekeepiDg, disbursement, traosfer, or for any J^Jicf^'Sij* "' 
other purpose, every such act shall be deemed and adjudged to ^^^diD an uabK 
be an embezzlement of so much of the said moneys as shall be 
thus taken, converted, invested, used, or loaned, which is hereby 
declared to be a felony, and any officer or agent of the United 
States, and all persons advising or participating in such act, being 
convicted thereof before any court of the United States of com- 
petent jurisdiction, shall be sentenced to imprisonment for a term 
of not less than six months nor more than five years, and to a 
fine equal to the amount of the money embezzled. 

§ 18. And be it further enacted, That until the rooms, offi- nnituheroomt, 
ces, vaults, and safes, directed by the first four sections of thisj|®^J«-^':';^';^J^"^^ 
act to be constructed and prepared for the use of the Treasurer be. prepared hy 
of the United States, the Treasurers af the Minis, at Philadel-ll'oni'ofthta^ci 
pbia and New Orleans, and the receivers-general of public mon- otJen wbTpTt' 
ey at New York, Boaton, Charleston, and St. Louis, can be con- *»"'•**• 
Btructed and prepared for use, it shall be the duty of the Secre- 
tary of the Treasury to procure suitable rooms for offices fur 
those officers at their respective locations, and to^contract for 
such use of vaults and safes as may be required for the safe- 
keeping of the public moneys in the charge and custody of those 
officers respectively, the expense to be paid by the United 
Stales. 

<^ IS. And be it further enacted, That from and after the thir- ^^AerMth Jwi^ 
lieth day of June, which will be in the year one thousand eight lion'ornoth'^A^r'ii 
hundred and forty, the resolution of Congress of the thirtieth m(!dified*th^ oS 
day of April, in the year one thousand eight hundred and six-Si7**tMei*iS', 
teen, so far as it authorizes the receipt in payment of duties, ■^'«J;|5*j^'*jJjj^ 
taxes, sales of public lands, debts, and sum^ of money, accruingi« the ie«ai cor 
or becoming payable to the United States, to be collected and '""^^ ' 
paid in the notes of specie^paying, banks, shall be so modified as 
that one-fourth part of all such duties, taxes, sales of public 
lands, debts, and sums of money accruing or becoming due to 
the United States, shall be collected in the legal currency of ihe 
United States ; and from and after the thirtieth day of June, 
which will be in the year one thousand eight hundred and foJ'ty-JuJ^ »1«j^ a>ifc 
one, one other fourth part of all such duties, taxes, sales of pub- other foarth;^"* 
lie lands, debts, and sums of money, shall be ^o collected ; and 
that from and after the thirtieth day of June, which will be in the 
year one thousand eight hundred and forty-two, one other fourth ^^^ ^^^^^ ^^^ 
part of all such duties, taxes, sales of public lands, debts and Jj»j|»j>^»jw^^. ©oe 
sums of money, shall be so collected ; and that from and after 
the thirtieth day of June, which wilt be in the year one tRbusand and aftor aoth 
eight hundred and forty-three, the remaining fourth part of the ra^'intD^Joith! 
said duties, taxes, sales of public land, debts, aod sums of mon- 
ey, shall be also collected in the legal currency of the United ,j ^ . 
States; and from and after the last mentioned day, all sums ac- iskC'no.* 8,vo». 
cruing, or becoming payable to the United States, for duties, tax- ^* **; ^^^^ 
eS| sales of public lands, or other debts, and also all sums due for 



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2904 1840 Chap: 18. 

postages, or otherwise, to the General Post Office Department, 
shall be paid in gold and silver only. 
After aothJaaa ^ 20. And be it further enacted y That from and arter the 
]l^t8 oiia€c?or thirtieth day of June, which will be in the year one thousand 
^w^Md^^iTvir eight hundred and forty-three, every officer or agent engaged in 
only. making disbursements on account of the United States, or of the 

General Post Office, shall make all payments in gold and silver 
coin only ; and any receiving or disbursing officer, or agent, who 
shall neglect, evade, or violate, the provisions of this and the last 
preceding section of this act, shall, by the. Secretary of the Trea- 
ibiTwd^Sfe pii^*"'^y> *^® immediately reported to the President of the United 
ceding ■•«||p^ States, with the facts of such neglect, evasion, or violation, and 
the Pra^«Bt and also to Congrcss, if in session, and, if not in session, at the com- 
to cktngreM. menccment of its session next after the violation takes place. 
ftindVto b?^' ^21. And be it further enacted. That no exchange of funds 
l^&rm^ ****** *^^" ^^ made by any disbursing officers, or agents, of the Gov- 
ernment, of any grade or denomination whatsoever, or connect- 
ed with any branch of the public service, other than an exchange 
for gold and silver ; and every such disbursing officer, when the 
means for his disbursements are furnished to him in currency le- 
gally receivable under the provisions of this act, shall make his 
wMctaMpsymeiiti payments in the currency so furnished, or when those means, are 
«iiku bemad*, furnished to him in drafts, shall cause those drafts to be present- 
ed at their place of payment and properly paid according to the 
law, and shall make his payments in the currency so received for 
ug th?"aec1ioii the drafts furnished, unless, in either case, he can exchange the 
Md^reported't^ (ncaus in his hands for gold and silver at par, and so as to facili- 
tiwjYefltdent. ^^q [jig payments, or otherwise accommodate the public service 
and promote the circulation of a metalic currency. And it shall 
be, and is hereby made, the duty of the head of the proper de* 
partment immediately to suspend from duty any disbursing officer 
who shall violate the provisions of this section, and forthwith to 
report the name of the officer, or agent, to the President, with 
the fact of the violation and all the circumstances accompanying 
the same and within the knowledge of the said Secretary, to 
the end that such officer, or agent, may be promptly removed 
from office, or restored to his trust and the performance of his 
duties, as to .the President may seem just and proper. ** . 
•we^twe^fSe ^ 22. And be it further enacted, That it shall pot be law- 
fcrn^r^SSw f**' for the Secretary of the Treasury to make or continue in force, 
branchot of the any general order, which shall create any difference between the 
different branches of revenue, as to the funds or medium of pay- 
ment, in which debts or dues accruing to the United States may 
be paid. 
takJrr?nfoi^ i 23. And be it further enacted, That it shall be th« duty of 
l2StJJSJ**i<Cv^ ^^^ Secretary of the Treasury to issue and publish regulations to 
ernmeat drafts euforcc the spccdy presentation of all Government drafts for pay- 
p%Tent*their'^i^ ment at the place where payable, and to prescribe the time, ac- 
^fcuwmcy,***' cording to the different distances of depositaries from the seat'of 
Government, within which all drafts upon them, respectively, 



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1840 Chap. 18. 2806 

shall be presented for payment ; and, in default of such presen- 
tation, to direct any other mode and place of payiAent which he 
may deem proper ; but in all those regulations and directions, it 
shall be the duty of the Secretary of the Treasury to guard, as 
far as may be, against those drafts being used or thrown into cir- 
culation^as a paper currenby, or medium of exchange. 

^ 24. And be U further enacted^ That the receivers-general sidariMorth* 
of public rooneys directed by this act to be appointed, shall re-"^*^*"**"''* 
ceive, respectively, the following salaries, per annum, to be paid 
quarter-yearly, at the Treasury of the United States, to wit ; the 
receiver-general of public money at New York shall be paid a 
salary of four thousand dollars per annum ; the receiver-general 
of public money at Boston'^shall be paid a salary of two thousand 
five hundred dollars per annum ; the receiver-general of public 
money at Charleston shall be paid a salary of two thousand five 
hundred dollars per annum ; and the receiver-general of public 
money at St. Louis shall be paid a salary of two thousand five 
hundred dollars per annum ; the .treasurer of the Mint at Phila- orthe treasar- 
delphia shall, in addition to Us present salary, receive five hun-^^''^*™'°^' 
dred dollars, annually for the performance of the duties imposed 
by this act; the treasurer of the branch Mint at Nev9 Orleans or the branch 
shall also receive one thousand dollars, annually, for the additional ^^^^ Newor- 
duties created by this act ; and these salaries, respectively, shall 
be in full for the services of the respective officers, nor shall ei- 
ther of them be permitted to charge, or receive, any commis- 
sion, pay, or perquisite, for any official service of any character to charg*'°<?n! 
or description whiatsoever ; and the making of any such charge, miwio "ic?**fo^ 
or the receipt of any such compensation, is hereby declared to o*«^*^ ••'^«** 
be a misdemeanor, for which the officer convicted thereof, be- 
fore any court of the United States of competent jurisdiction, 
shall be subject to punishment by fine, or imprisonment, or both, 
at the discretion of the court before which the oflTenee sbaU be 

tried. Treasurer an- 

^ 25. And be U further enacted y That thfr Treasurer of thece?ve paymemli 
Unjted States be, and he is hereby, authorized to receive at thepauicil^ ^ 
Treasury, and at such other points as he may designate, pay- 
ments in advance for public lands, the payments so made in all 
cases, lo be evidenced by the receipt of the said Treasurer of the 
United States ; which receipts so given shall be receivable for 
public lands, at any public or private sale of lands) in the same 
manner as the currency authorized by law to be received in pay- ftotimv 
ment for the public lands : Provided, however, That the receipts 
given by the treasurer of the United States, pursuant to the au- - 
thority conferred in this section, shall not be negotiable or trans- 
ferrable, by delivery, or assignment, or In any other manner what- 
soever, but shall in all cases, be presented in payment for lands 
by or for the person to whom the receipt was given, as shown 
iapon its face. 

^ 26. And be it further enacted. That for the purchase of 
aites, and for the construction of the offices of the receivers-g^n- 
^ral of public money, by this act directed to be erected at Charles** 
23 

Digitized by CjOOQ IC 



2806 1840 Ghap. 18—13. 

ivlltod%r^''^th^^"> South Carolina, and St. Louis, Missouri, there sbali be, and 
ErTOn»irartk»n ''^'"^'^7 '*> appropriated, to be paid out of any money in the Trea* 
of office, for the sury not Otherwise appropriated, the sum of ten thousand dolfauv, 
lif^^iriSUum, to be expended under the direction of the Secretary of the Trea^ 
andScLoaifc g^^^^y^ ^^^ j^ {jg^g^jy required to adopt plans for the said offices, 
and the vaults and safes connected therewith, and to ^use the 
same to be constructed and prepared for use with as little delay 
as shall be consistent with the public interests, and the conTeoi- 
ent location and security of the buildings to be erected : Promd* 
^''^' ed however^ That if the Secretary of the Treasury shall find up- 
on inquiry and examination,' that suitable rooms for the use of 
the receiver-general at Charleston can be obtained in the cos- 
tom-house now owned by the United States at that pkce, and 
that secure vaults and safes can be constructed in that building 
for the safekeeping of the public money, then he shall cause such 
rooms to be prepared and fitted up, and such vaults and safes to 
be constructed in the custom-house at Charleston, and no iode* 
pendent office shall be there erected. 
Appropriation ^ 27. And bc it further enacted, That, for the payment of 
I? ex^^l^^^'au- the expenses authorized by this act, other than those herein be* 
ttionxed by tbis f^^^ provided for, a sufficient sum of money be, and the seme is 
hereby appropriated, to be paid out of any money in the Trea* 
sury not otherwise appropriated. 
^Actj^Md raris 4» 28. And be it further enacted, That all acts or parts of acts 
Tng wtth'^ii'^* vi^hich come in conflict with the provisions of this act be, and the 
''^•*- same are hereby, repealed. Approved, July 4th, 1840. 



CHAP. 19. An act to amend an act approved the eighteenth of Jaouaiy 

37^ Mie p?»75i; eighteen hundred and thirty-nine, entitled " An act to amend an act 

entitled ' An act to require the judge of the district of East and West 

' Tennessee to hold a court at Jackson in said State,' approved June the 

eighte^th; eighteen hundred and thirty-eight,'' and for other purposes. 

Tobatwoteini ^1. Be it cnacted, fyc, That from and after the first Monday 
wwuaiiy. jj^ April, eighteen hundred and forty, there shall be two terms of 
said court held annually by the district judge at Jackson, on the 
second Monday in December next, and the second Monday in 
Ruiedayt. Jung thoi following; and the rule days of said court for*the re- 
turn of process and filing of pleadings shall be held on the se- 
cond Monday of September and March, in each and every year. 
jal.^^";'^^ '^ 2. And be it further enacted, That the seventh section of 
p^*«^- the act which this is intended to amend, be, and the same is 

hereby, repealed. 
frm°o?'Se''5?! ^ 3. And bc U further enacted, That an additional term of 
bSidiSxVm^^'?® c*>«*cuit court of the United States shall be holden in Knox- 
jlidgi?* **•*'*«* ville, in East Tennessee, on the third Monday in April in each 
The lud ?"^ every year, which said term shall be held by the district 
adjouni'^a^JKJ judge; and should any difficult point of law arise, at said April 
!!when"* *^™ ^®™> 'n any cause or matter of controversy in said court, the 



♦ 



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1840 Chap. 19—20. 2807 

«aid diairict judge may, at bis discretion, adjourn the same over 
lo the next term. Approved, July 4th, 1840. 

CHAP. 20. An act in addition to the acts respecting the judicial system of 

the. United States. 

^ \, Beii enacted, Sfc, That whenever it shall so happen inth«tvMtof 
that neither of the judges of a circuit court of the United Slates!^* "?".?!*•»?: 
•haR attend at the commencement of a session of the said courts <^J»'s«« <rf > 
or at the time appointed on any adjournment thereof, to open tbe oommence. 
and adjourn the said court in person, either of the said judges 2kc.—teV*'*\?0 
may, by a written order to the marshal, adjourn the court from j^SS.*^ ^ ■^" 
tiooe to time, as the case may require, to any time or times an- 
tecedent to the next stated term of the said court ; and all suits, suita, acUoM, 
actions, writs, processes, recognizances, and other proceedings, i^Mt^ thenS^ 
pending in such court, or returnable to, or to be acted upon at 
6ach court, shall have day and be returnable to, and be heard, 
tried, and determined, at such adjournment or adjournments in 
the same manner and with the same effect as if the said court Bound penom 
had been duly opened and held at the commencement of such JS?.*'** *** *^ 
session, or other day appointed therefor ; and ail persons bound 
or required to appear at the said court, either as jurymen, wit- 
nesses, parties, or otherwise, shall be bound and required to at- 
tend at such adjournment or adjournments accordingly. 

^ 2. And be U further efiacted, That the presiding judge of The prMiding 
any' circuit court may, at his discretion, appoint special sessions {J-cf^^y^^tat 
thereof, to be held at the places where the stated sessions there- "p**®*** ■«•»«». 
of are holden ; at which special sessions it shall be competent j^j^^j^jj^^ ^^ 
for the said court to entertain jurisdiction of and to hear and de- the .court atip«. 
cide aH cases in equity, cases in error, or on appeal, issues of law, ^^ ■«"^">* . 
motions in arrest of judgment, motions for a new trial, and all 
other motions, and to award executions and other final process, 
aod to do and transact all other business, and direct all other 
proceedings, in all causes pending in the circuit court, except 
tryiog any cause by a jury, in the same way and with the same 
ibrce aod effect as the same could or might be done at the stated 
sessions of such court. 

^ 3. And be U further enacted, That writs of error shall ^^^ ^^^x^^^^^l 
to the Supreme Court from all judgments of a circuit court, inBiipi«meCoarti» 
cases brought there by writs of error from the district court, in ^^^'^'^ **"*^ 
like manner and under the same regulations, limitations, and re- 
strictions, as are now provided by law for writs of error to 
judgments rendered upon suits originally brought in the circuit 
court. 

^ 4. And be it further enacted, That judgments and d^^'^^®* j^J^*;';,^"'*'*®^ 
hereafter rendered in the circuit and district courts of the United d"c?^r*' sh^u 
States, within any State, shall cease to be liens on real estate or *'''*'**** ''•"*"•• 
chattels real in the same manner and at like periods as judgments 
and decrees of the courts of such State now cease by law to be 



Digitized by CjOOQIC 



2808 1840 Chap. 20— ^. 

6fuwu.*B cSirtl '"^'^^ thereon ; and ihe respective clerks of the United Stated 
for ' mnking courts in such State shall receive the like fees for making 
ufli^? reKpeei- scarchcs and certificates respecting such liens as are now allowed 
ing^nichjMn^^^ for Hko scrvices to the clerks of the supreme court of such State -, 
"Act^a?MSS',»"^ the eighth^ ninth, and tenth sections of the act entitled " An 
^839,r«p«iie4. 'act to amend the act of the third of March, one thousand eight 

hundred and th'rrty-seven, entitled < An ^ct supplemenfary to am 

act to amend the judicial system of the United Statea, and for 
tes^uiM/i^TLOtber purposes/ passed March third, one thousaiid eight hundred 

and thirty-nine," are hereby repealed. Approved^ Jtdy 4ihf 

1840. 

CHAP. 21. An act to remove the land office from Chocchama to Grenadet, 
in the State of Miseissippi. 

«id*yU{J£ff5 ^^' ^^ ** enacted, fyc, That the land office at Chocchumay 

Mid land oAcetoiQ the couuty of Tallahatcbic, State of Mississippi, shall be re- 

4tc.^r1tbin sixty movcd to and located in the town of Grenada, in Yalabusha 

^^^ county, in said States and it»haU be the duty of the register^ 

and^he receivers of public money for said land office, within 

8i.ity days from and after the passage of this act, to remove thet 

books, records, and whatever else belongs to said office, to the 

place of location, as herein provided for. Approved, Jtdy 4th, 

1840. 

CHAP. 22. An act to amend the act, approved May thirteenth, eighteen 
Act of 1800 c. hundred, entitled " An act to amend an act entitled * An act to estab- 
«, VOL 1, p. 782. ^^^ ^^ judicial courts of the United States.' " 

iwonof u.S' <^ I. Be it enacted, ^c, That jurors to serve in the courts of 

fiSS^tohivoISS the United States, in each State respectively, shall have the like 

i*?to"jifSi <*f qualifications, and be entitled to the like exemptions) as jurors of 

in*w^suiu*"iJ ^^^ highest court of law of such State now have and are entitled 

bo designated in to, and shall hereafter from time to time have and be entitled to^ 

foru m^iolbi^ and shall be designated by ballot, lot, or otherwise, according to 

a!Sw^^*^"to*he mode of forming such juries now practised and hereafter to 

S*tiia™JSpiS! ^^ practised therein, in so far as such mode may be practicable 

"^'by the courts of the United States, or the officers thereof; and^ 

• Act of 1841, Cifor this purpose the slid courts shall have power to make all ne- 

^ cessary rules and regulations for conforming the designation and 

empannelling of juries, in substance, to the laws and usages now 

in force in such State ; and further, shall have power, by rule or 

order, from time to time, to conform the same to any change in 

these respects which may be hereafter adopted by the Legisla* 

tures of the respective States for the State courts. Approved^ 

Jtdy 20th, 1840. 

CHAP. 23. An Act in addition to the several acts regulating the shipment 
and discharge of seamen, and the duties of consuls. 

^ 1 . Beit enacted, fyc. As follows : 

First. The duplicate list of the crew of any vessel bound on 



Digitized by CjOOQIC 



1840 Chap. 23. 2809 

a foreign Yoyage, made out pursuant to the act of February twenty '«• of?m^l?bJ* a 
eight, eighteen hundred and three, shall be a fair copy in one uni-^**^ cop7,&c. 
form handwriting, without erasure or interlineation. 

Second. It shall be the duty of the owners of every such ves*^ owners to ob^ 

1 ■•/• I II rL #•!•» ^'o * true Mid 

sel to obtam from the collector of the customs of the district from cenmed copy ot 
which the clearance is made,. a true and certified copy of the Sei,'&S?*°* *^ 
shipping articles, containing the names of the crew, which shall 
be written in a uniform hand, without erasures or interlineations. 

Third. These documents which shall be deemed to contain . '^•■f /<» ^ ** 

deeniccl to cod- 

all the conditions of contract with the crew as to their service, ^}n^*i»^t^^ con- 
pay, Voyage, and all other . things, shall be produced by the met with the 
master, aud laid before any consul, or other commercial agent of plr^uced to^the 
the United States, whenever he may. deem their contents ncces-whSi^ ***"" 
sary to enable him to discharge the duties imposed upon him by 
law toward any mariner applying to him for his aid or assistance. 

Fourth. All interlineations, erasures, or writing in a hand dif- interUneatfon^ 
ferent from that in which such duplicates were originally made, fraudulent aiSn- 
shall be deemed fraudulent a!terations, working no change in ^^'' 
such papers, unless satisfactorily explained in a manner consistent 
with innocent purposes and the provisions of law which guard 
the rights of mariners. 

Fifth. Any consul of the United States, and in case there J«n,f**°*diKha*^' 
none resident at a foreign port, or he is unable to discharge hismaiinenwithooc 
duties, then any commercial agent of the United States authorized w^ n^irSd 
to perform such duties^ may, upon the application of both theiJos^A^whm' 
master and any mariner of the vessel under his command, di»> 
charge such mariner, if he thinks it expedient, without requiring 
the payment of three months' wages, under the provisions of the 
act of the twenty-eighth of February, eighteen hundred and three, 
or any other sum of money. 

Sixth. Any consul, or other commercial agent, may also, on Consuts, ««, 

•^ !• .- !• i_ • ° / ™»y diechar« 

such joint appncation, discharge any mariner on such terms asmarinen onoth" 
will, in his judgment, save the United States from the liability jq"'*''^^*^- 
support such mariner, if the master gives his voluntary assent to 
such terms, and conforms thereto. ^ 

Seventh. When a mariner is so discharged, the officer dis« Entry to be or 
charging him shall make an official entry thereof upon the list of^lS^ "* ^'' 
the crew and the shipping articles. 

Eighth. Whenever any master shall ship a mariner in a for-^o^SSlSienuy 
eign port, he shall forthwith take the list of his crew and the du-o^™"J*°«*J*'^ 
plicate of the shipping articles to the consul, or person who dis^port 
charges the duties of the office at that port, who shall make the 
proper entries thereon, setting forth the contract, and describing 
the person of the mariner ; and thereupon the bond originally 
given for the return of the men shall embrace each person so 
shipped. 

Ninth. When any mariner shall complain that the voyage is contuiB, 4^. 
continued contrary to his agreement, or that he has fulfilled hisuin'^'^^pu!^ 
contract, the consul, or other commercial agent performing like 5hei?^uife"'^th 
duties, may examine into the same by an inspection of the ar-'^^^^^^^^*'"- 
tides of agreement ; and if on the face of them he finds the comr 



Digitized by CjOOQIC 



2810 1S40 Chap. 23. 

plaint to be well founded, be shall' discharge the mariner, if he 

desires it, and require oTthe master an adrance, beyond the law« 

ful claims of sach mariner, of three months' wages, as provided 

in the act of Febf aary twenty-eighth, eighteen hundred and three; 

and in case the lawful claims of such mariner are not paid upoa 

his discharge, the arrears shall from that time bear an interest of 

proTiao. twenty per centum : Provided, however, If the consul or other 

commercial agent, shall be satisfied the contract has expired, or 

the voyage been protracted by circumstances beyond the control 

of the master, and without any design on hie part to violate the 

articles of shipment, then he may, if he deems it just, discharge 

the mariner with exacting the three months' additiofiai pay. 

Shipments of Tenth. All shipments of seamen, made contrary to the provis- 

STil%S°ShS*^"8 ^f ^^^ *°** other, acts of Congress, shall be void ; and any 

Sold ^e^"'^"'^^™^'' ^ shipped may leave the service at any time, and deoMNidl 

^ th^ highest rate of wages paid to any seaman shipped for the 

voyage, or the sum agreed to be given him at his shipment. 

confiuift, &c Eleventh. It shall be the duty of consuls and commeroial 

er^od^iw^- agents to reclaim deserters and discountenance insubordittatioa 

diStuon.^"^'^ by every means within their power ; and where the local aathori* 

ties' can be usefully employed for that purpose, to lend their aid 

and use their exertions to that end in the most efieetual manner. 

coMui, idc on Twelfth. If the first officer, or any ofiieer, and a majority of 

the complaiat of ^, - • ■ •■ i ■'^ , . . . . . ^ • 

4aofficer« or the the crcw of any vessel shall make complamt m writmg that she 

craw,d?aT«f^ui* i<i >n unsuitable condition to go to sea, because she is leaky, 

^'i^ttabiecoadi!^ insufficiently supplied with sails, rigging, anchors, or any other 

'SSIaupp^imp^^Q^'P^^'^^' ^ ^^^ ^^^ ^^^ 13 insufficient to man her, or that her 

SaminaSbtLV^ provisioiis, stores, and supplies are net, or have aot been, doriag 

the voyage, sufficient and wholesome, thereupon, in any of tbeaa 

or like cases, the consul or commercial agent who may discbarge 

any duties of a consul shall appoint two disinterested, competent 

practical men, acquainted with maritime affitirs to examine into 

the causes of complaint, who shall in their report state what ife» 

fects and deficiencies, if any, they find to be well founded, as 

well as what, in their judgment, ought to be done to put the ves- 

sel in order for the continuance of her voyage. 

Power and duty Thirteenth. The inspectors so appointed shall have full power 

of the inspectors. . , iii '^\ , ,*.• *. 

in making said to cxamme the vessel and whatever is aboard of her, as far aan 
emainaiioA. pertinent to their inquiry, and also to hear and receive any other 
proofs which the ends of justice may require, and if, upon a view 
Duty of the con. ^'^ the whole p/occedings, the consul, or other commercial ageai 
sui,4'c. shall be satisfied therewith, he may approve the whole or any 

part of the report, and ahall certify such approval, and if he dis- 
sents, shall also certify his reasons for so dissenting. 
JJ?*^*Xth« Fourteenth. The inspectora in their report shall also state 
i?m7o"Sia uS*^*'®^'^®^ in their opinion, the vessel was sent to sea unsuitablf 
igttbiypravidtd provided in any important or essential particular, by neglect or 
design, or through mistake or accident, and in case it was by 



of the^^^' ^^ design, and the consul or other commercial . agent ap» 
oonmi[&c. ^proves of sucb findiag^ he shall disefaarge aoch of the crew aa re«> 
q«tre it, eadi of whom shall be entitled to three motttht' pay im 



Digitized by CjOOQIC 



1840— »— Chap. 23. 2811 

additioD to his wages k> the time of discharge ; but, if in the 
opioiofi of the inspeclorB the defects or deficiencies found to ex- 
isi have been the result of mistake or accident, and could not, in 
the exercise of ordinary care have been known and provided 
against before the sailing of the vessel, and the master shall, in a 
seasonable time, remove or remedy the causes of complaint, then 
the crew shall remain and discharge their duty ; otherwise they 
shall, upon their request, be discharged, and receive each one 
month's w^es in addition to the pay up to the time of discharge. 

Fifteenth. The master shall pay all such reasonable charges Jbe^nSSTl^^ 
ki the premises as shall be officially certified to him under the ' 

hand of the consul or other commercial agent, but in case the in- 
spectors report that the complaint is without any good and suf- 
ftcient cause, the master may retain from the wages of the cooi* 
plainants, in proportion to the pay of each, the amount of such 
chaiges, with such reasonable damages for detention on that ac- 
count as the consul or other commercial agent directing the in- 
qiury may officially certify. 

Sixteenth. The crew of any vessel shall have the fullest liberty J'JJZJaI*?!!!! 
to lay their complaints before the consul or commercial agent in S^ir^^'^i^^^ 
any foreign port, and shall in no respect be restrained or binder- bttrora^a>iuni| 
ed therein by the master or any officer, unless some sufficient and*^*^' 
valid objection exist against their landing ; in which case, if any 
mariner desire to see the consul or commercial agent, it shall be 
the duty of the master to acquaint bim with it forthwith ; stating 
the reason why the mariner is not permitted to land, and that he 
is desired to come on board ; whereupon it shall be the duty of 
such consul or commercial agent to repair on board and inquire 
into the causes of the complaiot, and to proceed thereon as this 
act directs. 

Seventeenth. In all caseis where deserters are apprehended, co£3!r*2fwuh 
the consul or commercial agent shall inquire into the facts ; tLnd,r^d^to^i^ 
if satisfied that the desertion was caused by unusual or cruel 
treatment, the mariner shall be discharged, and receive, in addi- 
tion to his woges to the time of the discharge, three month's pay ; 
and the officer discharging him shall enter upon the crew-list and 
shipping articles the cause of discharge, and the particulars in 
which the cruelty or unusual treatment consisted, and subscribe 
his name thereto officially. 

Eighteenth. If any consul or commercial agent shall neglect for^n^ct of^e 
or omit to perform, seasonably, the duties hereby imposed upon ^^^^ e'JJ^^^j^^Jf; 
him or shall be guilty of any malversation or abase of power, |j^»;8J^j«j|J 
he shall be liable to any injured person for all damage oc-etc. to fine anJ 
casioned thereby ; and for all malversation and corrupt con- ^ **"™«** 
duct in office, he shall be liable to indictment, and, on convic- 
tion by any court of competent jurisdiction, shall be fined not 
less than one nor more than ten thousand dollars, and be im- 
prisoned not less than one nor more than five years. 

Nineteenth. If any master of a vessel shall proceed on a ■eWo/fToutioM 
foreign voyage without the documents herein required, or re- foVd£il!^l^d 
fose (o pfoduee them when required, or to perform the duties ^^.^^^^ 



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2812 184» Chap. 23—26. 

imposed by this act, or shall violate the provisions thereof he 
shall be liable to each and every individual injured. thereby, \a 
damages, and shall, in addition thereto, be liable to pay a fine 
of one hundred dollars for each and every offence, to be re- 
covered by any person suing therefor in any court of the United 
States in the district where' such delinquent may reside or be 
found. 
thi«^a??*to bS I?- Twentieth. It shall be the duty of^'the boarding officer to re- 
ported, port all violations of this act to the collector of the port where 
any vessel may arrive, and the collector shall report the same to 
the Secretary of the Treasury and to the attorney of the United 
States in his district. 
inSi" whU?J?d Twenty-first. This act shall be in force from and after the 
applicable ' to first day of October next; and shall not apply to vessels which 
^^^ shall have sailed from ports of the United States before that time. 

Approved^ July 20th, 1840. 

CHAP. 21. An act to annex a certain tract of land to the Coofta land 
district, and A)r other purposes, ' 

^ I. Beit enacted, fyc, That such part of township twenty- 

Bii^«d°to the two, of raugo two, east, northern survey, State of Alabama, as 

c<K)«a land difr^jj^^ ^^^^ ^f ^^^ Coosa rivcr, and was*ceded to the United States 

by the Creek nation of Indians, by a treaty concluded on the 

ninth day of August eighteen hundred and fourteen, be, and the 

same is hereby annexed to the Coosa land district ; and all sur* 

sanreTs, aaiea, veys, salcs, and Other proceedings heretofore had in reference to 

ft^: ^^ ^' ^°^ said tract hereby annexed as aforesaid, shall be as valid as they 

would have been had the same, at the time such proceedings 

were had, formed a part of said distxiist, and no farther. 

Approved, July 20th, 1840. 

CHAP. 25. An act to provide for the support of the Military Academy 
for the year eighteen hundred and forty. 

commande?of ^ 2. And be it further enacted, That the commander of the 
S^ct'oroMnfaS- Corps of Cadcts at the Military Academy, shall be either the in- 
%?* w'^^JS ^^"^"^^^^ ^^ infantry tactics, of cavalry and artillery tactics, or of 
t£t' o"Sl^/i2l P''ac^*ca' engineering and that his pay and emoluments shall 
Biructora. in no casc be less than the compensation allowed by law to the 

professor of mathematics ; and that the pay and emoluments of 
the instructors in these branches shall in no case be less than is 
allowed by law to the assistant professor of mathematics, 
^f compenauon ^ 3 ^^j ^^ ^ further cnacted, That the assistant profes- 
ethtelT" °^sors of ethics shall bo allowed the same compensation as is 
now allowed by law to the other assistant professors in the in- 
stitution. Approved, July 20th, 1840. 

CHAP. 26. An act making appropriations for the naval service for the 
year one thousand eight hundred and forty. 

Completion of <§> 2. And bc it further enacted, That in addition to the sum 
iSieir*" •^^^^of three hundred and thirty thousand dollars, which was placed 



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184(V Chap. 26. 2813 

•object to the dUipomtton of the Navf Department by the second 
•ection of the act of Congress making appropriations for the naval 
eenrice for the year one thousand eight hundred and thirty-nine, 
the further sum of three hundred and forty thousand dollars of 
the amount heretofore appropriated for the gradual improvement 
of the navy, is hereby directed to be placed subject to the dis- 
position of the department aforesaid, for the purpose oi complet- 
ing the two steam-vessels 'which have been commenced, in case 
that amount can be diverted from that appropriation without im- 
pairing the' ability of the naval department to make payments 
under existing contracts prior to the fourth day of March, eight- 
een hundred and forty-one, and if that cannot be done consist- 
ently with the rights of contractors and the public interests, then 
fio mucli of the said sum of three hundred and forty thousand 
dollars as can be so diverted to this object, from the appropria- 
tion referred to, shall be subject to the disposition of the Secre- 
tary of the Navy for this purpose, and the said sum of three 
hundred and forty thousand dollars, to be expended in the man- 
ner in this section prescribed, shall be in addition to any ma- 
terials now on hand applicable to the construction the said steam 
vessels of war. 

^3- And be U further enacted, That all appropriations anrf^j^^JJ^'J^JgJj; 
aH remaining balances of appropriations heretofore made '^^r purcbasiD^, jn»-' 
building, r^uilding, replacing, purchasing, or repairing vessels mlT^^elLds for om 
of war, or other vessels, for the use of the navy, or for the pur-MdaUm^t^Ii^ 
obase of timber, ordnance, or apy other articles for building, ed7o**Sn?S!ld"f 
arming, equipping, or repairing vessels of the navy, or for the JPP'^'PS^ieS 
repairs of vessels in ordinary, and repair, wear and tear of^^"^* 
vessels in commission, together with any materials which have 
been, or may be, collected under any of the said appropriations, 
be, and the same are hereby, transferred to one head of ap- 
propriation, to be called <Mhe appropriation for the increase, 
repair, armament, and equipment of the navy, and wear and 
tear of vessels in commission ;" and the amount of said ap- 
propriation, and of such other as may be made hereafter for 
like purposes, and the materials which have been, or may be 
hereafter collected for the same, may be expended and used by 
the Secretary of the Navy, in building, replacing, arming, re- 
pairing, equipping, and employing any vessels which Congress 
may have authorized, or may hereafter authorize to be built, re- 
built, purchased, or replaced, in such manner as the* interests 
or necessities of the service may require. 

^4. And be it further enactedy That it shall be the duty of 
the Secretary of the Navy to cause to be laid before Congress, 
annually, as soon after the beginning of each year as practicable, 
a statement of the amounts expended during the preceding fical s^auments to 
year for wages of mechanics and laborers employed in building. oMhe^E^o'^ti 
repairing, or equipping, vessels of the navy, or in receiving ^JSf°^*|^^^J;*SJ^ 
and securing stores and materials for those purposes; and for 'f»c JjJ'JUJf**aSd°u'. 
purchase of materials and stores for the same purposes ; a state- borers; employed 

* «• • ■• ^t It lin building, »• 

ment of the cost or estimated valoeof the stores on hand; under 
24 

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2^ 1840 CfiAP. 90: * 

i^DC'^^j^^ip-f this appropriatioB, in the tmfj jm6» at the oooKiienoeineiit of Hm r> 
^fiav- next preceding fiscal year ; the cost, or estimated valae, of arti* 
d^8 received and expended during the year ; «od the cost, or es- 
timated value, of the articleta bdonging to this appropriatioa 
which may be on hand in the navy yards at the cbae of the neyt 
preceding fiscal year. 

^ S. And be ii further etiodfstf^ That, whenever in the opi- . 
iiipQ of the Secretary of the Navy it shall be conducive to the 
Pf^y^^^B^. public interest to use any article of provtsions, materiab, or other 
Mod^hre to^tS ^^^^> ^^^ ^ difierent appropriation from that under which they 
public^ taiteM may have been purchased for the naval service, . it shall be laWj6il • 
rdfiTeraitapin? for him lo authorizc such use^ and it shall be his duty to oertifv i 
u^^^'whid^thSr to the Secretary of the Treasury, the value or cost of the art»» . 
wece purahaied. ^j^^ ^^^^^ ^^^ . ^^^ llj^ Secretary of the Treasury, is hereby an* 

thorized and required to cause the proper. officers of the Treasury . 
to transfer the amoi<nt of such cost or value upon the books of 
the Treasury, from ihe appropriation for which the articles maf 
have been used, to the appropriation from which they tnay have 
been or may be taken, so that the acjlaal expenditure under each » 
may be accurately shown. 

^ ^. And be U further enacted^ That the following sum, being 
the unexpended bahince of a former approprmtidn which has 
been carried to the credit of the surplus fund, be, and the same 
is hereby re-appropriated, viz : 
FrifiMOMyto ^^ distribution as prize, moo^y ^moi^ the officers and crew 
ttSwrfttJ Brig ^^ ^*^® private armed brig General Armstrong, per act of thirtieth . 
oe^f Amrtnmf. June, eighteen hundred and thirty-four, two thousand nine hna* ; . 
dred and seventy-five dollars and twenty cents. 

^ 7. And be U further enacted^ That there be appropriated, 
from any money in the Treasury not otherwise appropriated, for 
cJSTftom'^A^ the (imixtiediate survey of the coast from Apalachicola Bay, to the < 
^^^^.^moMth of .the Mississippi river, for the ascertainment of the 
practicability of establishing a navy, yard and naval station which ; 
shall best subvene the protection of the commerce of the Oulf :. 
of JAexico, the sum of ten thousand dollars, to be expended un- . 
der the directiou of tbe Commissioners of the Navy Board. 
oaTKIId^f^ ^ S- -^^ *^ ^ further enacted,, Th^t. whenever the Presi- . 
^^t^^^dent of the United Statos shall bave.authorized the transfer of 
pftid by're-tiu*. any moncys from any hea(l.of the oaval appropriations to other 
oM|i« i^wt!' heads of aaval appropriations as authorized by the act of Con- . 
gross approved thirtieth June eighteen hundred and thirty-four, 
It shall be the duty of the Secretary of the Treasury, imme* 
diately after the naval appropria;tioos for the year shall have been . 
made, to cause all such transfers to be repaid, by re-transiers on . 
th9 books of the Treasury, so as to preserve for each appropria- - 
tiQ|Q,,theamoai>t which were granted by Congress. 

Ap^rwed, July mh^ 18<0. . > 



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priatad % tk« 



• 1)540 — ^Chap. 27.— Resolutions, 1—6. 2ffL6 

CHA.Pt 87^ A« act to provide ibr tiie Gacpensea of making an espbration 
and mvevmy of thatpact of theliorthaastern boundary liae of the United 
StateaiMrKicti sq^aialea Ibe Sitatee of Maine and New Hampehire from 

the Britiflh Proyinces. 

^1. Beiienaeied^ fyc, That the sum of twentysfi?e thous- 

and dollars be, and the same is hereby, appropriated, to be paid •^▼•y- 
out of any naoneys in the Treasury not otherwise appropriated, 
to enable the President'of the United States to cause to be made 
an exploration and survey of that part of theNoilheasterri bound- 
ary line of the United States (and the adjacent country)whibh se- 
parates the States of Maine and New Hampshire from' the' Brit- 
ish Provinces. Approved, July 20ih, 1840. 

RESOLUTIONS. 

[No. 1 J Joint resolution authorizing the Secretary of War to con- 
tinue certain clerks employed in the office of the Commissioner of 
Indian Affairs. 

Resolvtd by the Senate and House of Representatives of the ui^'**'£^ feh 
United ^dtes of America in Congress assembled. That ihejl;"^,^*',^ JJ| 
authority given to the Secretary of War by the sixteenth clause i«n*«« '<«' i^" 
of the first sect ioft'pf the act entitled "-An act providing for the'**"* 
salaries of certain officers, therein named, and for other.purpo<4- 
es," dated the ninth day of May, one thousand eight huiKired ^^.^ ^ ^: 
and thirty-six, to employ two clerks- in the business of reserva-'^' '"' '' 
tions and grants unde^ Indian treaties, be extended after the ex- 
piration of the period for which that' Authority was granted for' 
the term of two years. Approved, May 2d, 1840. 

f No. 3 ] A resolution concerning the statue of Washington, by Gree- 

nough. 

Resolved, fyc. That the Secretary of the Navy be authorized and uwnum to' im 
instructed to take measures for the importation and erection of jJ^^uSaV*' SH 
the statue of Washington, by Greeooogh. Approved, May 21th, •'•ctioo, 
1840. 

[No. 4. J A resolution to authorize the President to dispose of certain 
presents from the Imaum of Muscat and the Kmperor of Morocco. 

Res(dved, fye,. That the President of the United States l>e, and soeh m Monot 
he is hereby, authorized to dispose, in such time and manner ,^|!^u!^rin th^ 
as he shall see fit, of all such of the presents to the Government !i*''*'|,i*;" 
of th^ United States as have been sent from the Imaum of Mu8-«n^J;» 
cat or the Emperor of Morocco, and cannot conveniently be de- ^r«Murjr 
posited or kept in the Department of State, and cause the pro- 
cess thereof to be placed in the Treasury of the United States. ^ 
Approved, July 20th, 1840. 

[No. 5.] Joint Resohjtion for the exchange of books and public documents 
for foreign publications. 

^ Beit resolved, Sfc.,Thti the librarian; under the supervision of 



.1 f8ltlH» to 

,<r..-. .-.'- 



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2816 1840 ^Resolution, 6. 

puiSt^^o*"hi ^^^ Committee on the Library, be authorized to exchange aocb 
library amhoriz- duplicates as may be in the library for other books or works. 
Eiehaice of Secood, That he be authorized, in the same way, to ezchange 

doonmeau »"" j * ^ w 

thurizad. dOClimCniS. 

ta^^SSSTforelT- Third, That hereafter, fifty additional copies of the docu- 
ehaogo. ments, printed by order of either House, be printed and bound 

for the purpose of exchange in foreign countries. ^ Approved, 

July 20th, 1840. 



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ACTS OF THE TWENTY-SIXTH CONGRESS ^si\. 

OF 

THE UNITED STATES ; 

Passed at the Second Session, which was begun and held at the 
City of Washington, in the District of Columbia, on Mon- 
day, the seventh day of December, one thousand eight hun- 
dred and forty 

Martin Van Buren, President RigMard M. Johnson, Vice 
President^ and President of the Senate. Robert M. T. 
Hunter, Speaker of the House of RepresentatiTes. 



CHAP. 32. An act supplementary to an act to i^oliah imprisonment for 
debt in certain cases. 

^1. Be it enacted by the Senate and House of Representa- coMtmetion to 
tives of the IJnited States of America in Congress assembled, ^^xth' rib. 
That the act entitled " An act to abolish imprisonment for debt'^' 
io certain cases," approved February twenty-eight, eighteen hun- ^ctof isao, c. 
dred and .thirty- nine, shall be so construed as to abolish impri8-909,ante p, areo. 
onment for debt, on process issuing out of any court of the Uni- 
ted States, in all cases whateTer, where, by the laws of the State 
in which the said court shall be held, imprisonment for debt has 
been, or sball'hereafter be, abolished. Approved, January \4th, 
1841- , 

CHAP. 33, An act farther to amend the act entitled " An act to provide 
for taking the sixth census or enumeration of the inhabitants of the Uni- Act ori830 «. 
ted States," approved March third, eighteen hundred and thirty- 3"» "*• p«*^* 
nine. 

^ I. Be it enacted, SfC, That it shall and may be lawful forTbe^M^aiiowad 
such of the assistants to the marshals, in the respective States and miuioo "uTrai 
Territories, who have not, before the passage of this act, made *""■ «»««*ed. 
their respective returns to such marshals under the act hereby 
amended, to complete their enumerations and make their returns 
onder the said actrat any time before the first day of May, eight- 
een hundred and forty-one, and for the marshals of States and 
Territories to make their returns to the Secretary of State at any 
time before the first of June, eighteen hundred and forty-one : 



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2818 1841 Chap. 33-34. 

proTiao. Provided, That nothing herein contained shall be deemed 16 Re- 
lease such marshals and assistants from the penalties contained 
in the act aforesaid, unless their returns shall be made within the 
Farthor proTiM. ^j^^ prescribed in this act : And provided furthery That no per- 
son be included in the returns made under the present act, un- 
less such persons shall have been inhabitants of the district for 
which such returns shall be made, on the first day of June, one 
thousand eight hundred and forty. 
iiS^"«rM ^ 2. And be it further enacted, That so much of the elcT- 
TOm5d*^''^S®"^^ section of the act for taking the sixth census as applies to 
prfatinf oftbera-the printing, under the direction qi the Secretary of State, of the 
"" aggregate returns received from the marshals, be so construed 

as to apply equally to the census of pensioners, and ihe stfttisti- 
EstraconiMDM-cal aggregates returned by said marshals : And be it further pro^ 
s'^rintoodii^'''^ vM^d, That for arranging an^l preparing the oeosut of peosion- 
Mt aT'iKwh'^®'^'' *^^"*''®^ '^y ^^^ thirteenth section of the aoi for Hiking the 
1839. ' sixth census and for the compiling and supervision of the print- 

ing of the statistical returns « tahen^ under said set, there be al- 
lowed to the superintending clerk, upon the complelms 0f the 
work, such compensation as the Secretary of State may deem 
^ just and equitable, not exceeding the rate heretofore allowed hi 

•au^to uS^ compiling the statistics of the third census ; and that an allow- 
Jjj^njMgjJ^jf ance be made to the disbursing agent of the Department of 
oTSteto. ^ Slate for the extra duties which have been or may. be, imposed 
upon him on accoufU of the sixth census, in relation to its pre- 
paratory measures, the accounts of the marshals and rhe dis- 
bursements, at a rate not exceeding that aUowed him for his 9er- 
vices in relation to the fifth census, according to the tioi^ he shall 
have been engaged in such duties. Approved, January, \4th, 
1841. 

CHAP. 34. An act to authorize the issuing of Treasury nptes. 

iiSSiSiS^ow!^ ^ 1- Be it enacted, fyc, That the President of the Vnh&d 
oooatanyooeUme Ststcs is hercbv aothorized to cause Treasury notes to be issued 
uiorisod. for such sum or sums as the exigencies of the Government may 

require ; but not exceeding the^ sum of five millions of dollars of 
•d^mL!^^'^^*^' this emission, outstanding at any one time, to be reimbursed in 

the last quarters of the year, if the condition of the Treasury will 
2jg^»»j^j^ permit it, and to be issued under the limitations and other pro- 
Oot. 1837, as visions, contained in the act, entitled <' An act to authorize the 
aet^sut^iiaioh issuiug of Trcssury notes," approved the twelfth day of October, 
^^* ^ one thousand eight hundred and thirty.*eeven, and as medifje^i by 

an act, entitled " An act additional to the act on the subject oif 
^.^j^^^^^ Treasury notes," approved the thirty-first day (^ March, oAe 
pi^o^£(ra«7«»r thousand eight hundred and forty, except that this law shall ex- 
the/emiMioS ^•u- pirc iu One year from and after its passage ; Providedy That iq 
^rtSS^MitiJ)^ case the Treasury notes outstanding and unredeen^, issued viw 
®^' der former laws of Congress, ad4ed to the amount of sacl^ oc^t^e 

Aet or!837o.^^^"^^ uudcr this act, and actually e»end^d or iwied tp qiMt 
s, aai* i». 9637. ' payments due and payable before the lourth day pf Aterpb Ql^ly 



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1841^ Chap. 34—36. 2819 

ihdl, on th^ fourth day of March next, exceed the sum of fi?e 
DiillioDS of dollars, then the President of the United Stales shall 
be, and he is hereby, authorized to issue, by virtue of the provis- 
ions of this act, such further amount of the said notes as will 
make the whole amount issued under this act, and applicable to 
payments falling due after the third day of March next, the full 
som of five millions of dollars. Approved^ February \bik. 



CHAP. 36. An act to amend an act entitled ** An act to authorize the 
State of Tennessee to j^sue gr^ite and perfect titles to certain lands 31^1*9 '*5oi4* 
therein described, and to settle 'nt^ckiims to thd vacant and unappropri- 
ated lands within the same/' passed the eighteenth day of April, one 
thousand eight hundred and six. 

^ 1 . BtU enacted, fyc, That the State of Tennessee be, and taane«Me oootu. 
hereby ts, constituted the agent of the Government of the United {h?u!'8.'to"di2r 
States, with full power and- authority to sell and dispose of the I^S, ^^S'SS 
vacant, unappropriated, and refuse lands, within the limits of said ^*^* 
State, lying south and west of the line commonly called the Con- 
gressional Reservation line, and described in the act to which 
this is an amendment ; subject, nevertheless, to the following con- 
dltioDS and limitations, to wit : 

First. The State of Tennessee shall satisfy all legal and bona TaDMaee to 
fide claims of North Carolina'upon said Jands, by making provis-Md'^^b^ %! 
ioo, by law, that the holders of land vi^rrant* under the authority cSiX**^ ^*jSj 
of the State of North Carolina, may locate the same upon the"*'**"'*"' *»^- 
lands not previously located upon, or claimed as occupant pre- 
emptions, within one year from the time that the State of Ten- 
nessee shall make provision for carrying this act into effect : and 
in. default of such location within the said term of one year, the 
said warrants, may be satisfied by the payment of twelve and a . 
half cents per acre for the number of acres contained in each 
warrant, to be paid out of the proceeds of the sale of said land : 
Provided, The holders shall present such warrant to the proper 
authorities for the paytnent of the same within two years from 
the action of the Legislature of the State of Tennessee hereon : 
And provided furthermore, That if the said warrants shall not 
be satisfied, either by the location of land within one year, or 
their presentation for payment within two years as aforesaid, the 
holders shall be forever barred of all further claim or right to de- 
mand the same. 

Second. In entering, purchasing, and disposing of said lands Fenou Mtitiad 

, ^ , . A r *L 11 J r o to lh« right of 

or obtaining grants of the same, all and every person or persons, oceapaner and 
the legal representative of such person or persons, and the right- £eu^^?T«nn^ 
ful assignee of such person or persons, as are entitled to the rightj"*®'** ^^ *** 
of occupancy and pre-emption according to the laws of the^ State 
of Tennessee, shaH have the preference in the entry or purchase 
of their occupant and pre-emption rights, at the price of twelve 
and a half cents per acre, not exceeding two hundred acres each. 
Third. After satisfying the claims and rights aforesaid, the 



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2820 1841 ^Chap. 36—38. 

th«*^ci"m.''^in![ SJate of Tennessee shall oflfer for sale the rest and residae of ssid 
ughtf arorMiiid, lands, in such manner, in such quantities and by such descriptioo 
cisil^H'^f th^ tV as may be most convenient ; and, for the fuU term of three years J 

ridQjM,f.aidu«.d« j.^^^ and after ihe^time herein allowed for the location of North r^ 
Carolina land warrants, may sell and dispose of, and perfect titles 
to the same, at a price not less than twelve and a half cents per 
acre. And so much of the said land as may remain unsold at 
the expiration of the said term of three years, shall be disposed^ 
of as aforesaid, Within the further term of three years, at such 
price per acre as it may bring in open niarket : Provided, That 
the proceeds of the sale of saic^nds, over and above so much 
thereof as shall be necessary to the satisfaction jof said North Car- 
olina claims, shall be accounted for and paid over by the State of , 
Tennessee to the United States in the month of January annually. 
Approved, February 18/*, 1841. 

CHAP. 37. An act to make further provkion for the expenses -of an ex- 
ploration and survey of that part of the northeastern boundary line of 
the United States which Separates the States of Maine and New Hamp- 
shire from the British provinces. 

%75,ooo In addi- ^ '* ^^ *^ etiocted, 8fC,, That the sum of seventy-five 
lion to the bub thousaud dollars, in addition to the sum heretofore provided be, 
ded, appropriated and the samc IS hereby, appropriated, out of any money m the 
Son^f JST'Sx^ Treasury not otherwise appropriated, to enable the President of 
piorationandwr.||je United Statcs t(f causo to be made and completed an expior- 
ation and survey of that part of the northeastern boundary line 
of the United States and the adjacent country, which separates 
the States of Maine and New Hampshire from the British Pro- 
vinces. Approved, February 21th, 1841. 
^^_^ [ » 

CHAP. 38. An act to confirm to the State of Indiana the land selected 
by her for that porlion of the Wabash and Erie canal which lies be- ' 
tween~ the mouth of the Tippecanoe river and Terre Haute, and for 
other purposes. 

The land selected ^ ^ > Be U enocted, ifCf, That there be, and there here- 
'*^.^"?J2?*\I*"**x''>y is, confirmed to the State of Indiana, the land selected 

actofSd March, I '' ,, ' ti.-**-! 

1827, confii«»d by her, under the provisions of the act of second of March 
Act^of 1897, c. eighteen hundred and twenty seven, entitled '* An act to grant a 
908^ Toi. 3. p- certain quantity of land to the State of Indiana, for the purpose 
of aiding the State in opening a canal to connect the waters of 
the Wabash with -these of Lake Erie/' for that portion of the 
canal between the mouth of the Tippecanoe river and Terre 
Haute, as returned by said State to the Secretary of the Treasury. 
Indiana authori- "^ ^- ^^ be U further encfded. That should any of said lands, 
ii^STn^'V^^lt^t the time of their selection and location by the State, have 
{SSfn^Dn^* j; been subject to any right of pre-emption, or-other legal incum- 
jjj»|^^* in-brance, the State of Indiana shall be, and she hereby is, au- 
thorized to select, of any lands subject to private entry in said . 
State, other lands in lieu of so much thereof as may be so in- 
cumbered, and, upon return of a description of the same to the 



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% 
1841 Chap. 38^-43, 2821 

Secretary of tiie Treasury, the same shall be, and hereby is, con- 
finned to the Slate : Provided, That no more land shall be se- ^'^^^^ 
lected, or hereby cbnfirmed, than a quantity equal to one-half of 
five Becttons in widtli on each side of said canal, from the mouth 
of the Tippecanoe ri?er toTerre Haute. 

Approvtdy February, 27/A, 1841. 

> CHAP. 39. An act further to continue in force the act for the payment of 
horses and otlier property lost in the military service of the U. States. 

^1. Bt a enacted, fyc, That the act entitled ** An a furuitr eonu- 
BCl to provide for the payment of horses and other property lostof Jaouvy iwb, 
or destroyed in the military service of the United Stales," ap-J^;. '^ *^* 
proved On the eighteenth day of January, eighteen hundred and^^* **Coi^* % 
thirty seven, and which was continued in force for two years ^-^.^ ,^ 

^ ^ m .^. • i.1 r*^ » ^ ^ Actofl838.cl87. 

from the end of the second session of the twenty nflh Congress, 
by an act entitled *^ An act to continue in force the act for the 
payment of horses and other property lost in the military service,'' 
approved on the seventh of July, eighteen hundred and thirty- 
eight, be, and the same is hereby, further continued in force for 
two years from the end of the present session of Congress. 

Approved, February 21th, 1841. 

CHAP. 43. An act to confirm land patents. ^ 

^ 1. Be it enacted^ fyc, That all patents for public lands, conaia pfttentf 
which have been issued from the General Land Office since the A^Tt^onsls.o.es. 
passing of the act, entitled " An act for the establishment of a ''J^^^ V"i^"e. 
General Land Office in the department of the Treasury,'* passed ^^*2^ *»*• ^' ^ 
oa the twenty-fiih day of April, one thousand eigiit hundred and 
twelve, in the name of the President of the United States, in- 
stead of being <* in the name of the United States," as prescrib- 
ed in the eighth section of said act: and all patents for public 
iands, which have been issued from the said Generel Land Office 
since the passing of the act entitled '< An act to reorganize the 
General Land Office," passed the (burth day of July, one thous- 
and eight hundred and thirty-six, and which have been countcr- 
aigoed by the recorder of the General Land Office, or oilier per- 
eon acting in his stead, instead of being countersigned by live 
Commissioner of the. General Land Office, as prescribed in the 
act of the twenty-fifth day of April one thousand eight hundred 
and twelve ; and all patents which ha\e been issued from said 
General Land Office since the passing of the act entitled *< An 
act prescribing the niode by which patents for public lands shall ^^^ ^ i^;q «, 
be signed and executed," passed the second day of March, onegjj ^*» ^- p- 
thousand eight hundred and thirty-three, and which have been 
subscribed by a secretary duly appointed, pursuant to the provi- 
sions of said act, with the printed or written name of the Presi- 
dent prefixed to the personal signature of such secretary, in the 
execution of such patents,'notwitbstandingthe name of the Pres- 
ident may not have been written personnally by the secretary, 
sliall be deemed, taken, and held, good and valid patents in law, 
and shall have all the force and effect to pass from the Untied 

26 ^ 

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2822 1841 Chap. 45-46. 

States to the patentee or patentees named in such patents, re»- 
pectively, their heirs, executors, administrators, and assigns, the 
lands described therein, as though, in each and all the respects 
before enumerated, the patents, in their form and manner of ei- 
ecution, had conformed to the requirements of law. 
eoJ^iSiJnJd i; <^ 2. And be it further enacted, That from and after the pas- 
iKo^Tw/al^Land^'^B ^' ^^^^ *^^» '^ ■'*°" ^ thc duty of the recorder of the Ge- 
ST^iJlISSfoJ^"®'*' ^^"^ Office, in addition to the duties now required of him 
•r,ai required?* by law, to Countersign all patents issued from said office, instead 
ApruTlaiU'^^^of the same being countersigned by the Commissioner, as requir- 
ed by the eighth section of the act entitled " An act for the es- 
tablishment of a General Land Office in the depaTiment of the 
Treasury," passed the twenty-fifth day of April, one thousand 
eight hundred and twelve. Approved, March 3d, 1841. 

-, .'^ p* 

CHAP 46. An act making appropriations for the civil and diplomatic ex- 
penses of the Government for the year eighteen hundred and forty-one. 

S2SKSSm"<5- ^- ^' ^^^ ** it further enacted, That the Secretary of the 
s«r> for uioyeur Treasury be, and he is, hereby authorized to pay, out of any 
Act of 1838, c. ''^^"^y '" ^^^^ Treasury not otherwise appropriated, to the collcc- 
i79,aute]>.9«H tors, deputy collectors, naval officers, surveyors, and their respec- 
tive clerks, together with the weighers, guagers, measurers, and 
markers of the several ports of the United States, the same com- 
pensation for the year 1839 which they would have been enti- 
tled to receive if the third section of the act of July, eighteen 
hundred and ihirty-eight, entitled ** An act to provide for the 
support of the Military Academy of the United States for the 
year 1838, and for other purposes," had continued in force dur- 
Pror o, iimitn '"^ ^*^ J^^^i ond subject to the provisions and restrictions there- 
tbstofcoiiocton.in contained : Provided, That nothing in this section contained 
shall be so construed as to give to any collector of the customs 
a salary for the year eighteen hundred and thirty-nine, beyond 
the maximum now fixed by law, of four thousand dollars. 
Paymem of ar- A 3, ^nd be U further cnactcd, That the Secretary of the 

reantotneciorKs ._. • .. 11.1 ■ ••! i_ii« 

In uw cuntom- I rcasury be, and he is hereby authorized to pay to the clerks m 
oueeat '**"* the custom-housc at Bostou, out of any money in the Treasury 
not otherwise appropriated, the arrears of their salaries from 
eighteen hundred and thirty-two, to eighteen hundred and thirty- 
seven, so.as to make the same equal in proportion to what they 
received in the last mentioned >ear, on the same principle as has 
been applied to the custom-houses at New York and Philadel- 
phia; and the payments under this section shall be governed by 
what has been the practical construction of the former laws on 
this subject, at the Treasury Department, applicable to the last 
named ports ; 
Payment of ai^ ^4. And be it further enacted, That the Secretary of the 
fr"thS'%!lltoi* Treasury be, and he hereby is, aut'ioriEcd and required to pay to 
bouwatPhiiadai-tiie clerks in the custom-house at Philadelphia such sum of mo- 
ney as, with the amount appropriated by the general appropria- 
tion act of the third of March, eighteen hundred and thirty-nine, 



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1841 Chap. 46. 2823 

Will make op the arrears of their respective salaries from eighteen 
hundred and thirty-two to eighteen hundred and thirty-seven, 
the sum to be so paid being first ascertained by the proper ac- 
counting officers of the Treasury ; MdiUm^^tM 
§ 5. And be U further enacted. That in addition to the ac-^berraderadbT 
count now required to be rendered by every collector of customs, offil^^ud sur. 
naval officer and surveyor of ports, every such collector, naval '*^"^ 
officer and surveyor shall each and every year hereafter, render 
a quarter-yearly account, under oath, to tlie Secretary of the 
Treasury, in such form as said Secretary shall prescribe, of all 
sums of money by each of them respectively received or collect- 
ed for fines, penalties, or forfeitures, or for seizure of goods, 
wares, or merchandize, or upon compromises made upon said 
seizure ; or on account of suits instituted for frauds against the 
revenue laws ; or for rent and storage of goods, wares or mer- 
chandise, which may be stored in the public store-house, and for 
which a rent is paid, beyond the rents paid by the collector or 
other such officer ; and if from such accounting it shall appear Theaxcewormo- 
that the money received in any one year by any collectpr, naval n^yover fa^oa 
officer or surveyor, on account and for rents and storage, as rents', itonce^? 
aforesaid, and for fees and emoluments, shall in the aggregate, ex- Trtamu^/^^^ 
ceed the sum of two thousand dollars, such excess shall be paid 
by the said collector, naval officer or surveyor, as the case may 
be, into the Treasury of the United States, as part and parcel of 
the public money ; and no such collector shall, on any pretence compeiuation of 
whatsoever, hereafter receive, hold or retain for himself, in the totSoMl^wtm 
aggregate, more than six thousand dollars per year, including all **•• ■**"*«*'•• 
commissions for duties, and all fees for storage or fees or emol- 
uments, or any other commissions or salaries which are now al- 
lowed and limited by law. Nor shall such naval officer on any 
pretence whatever, in the aggregate receive, hold, or retain for^SS •**'""*• 
himself, hereafter, more than five thousand dollars per year, in- 
cluding all commissions on duties, and all fees for storage, or fees 
or emoluments, or any other commissions or salaries which are 
now allowed and limited by law. Nor shall such surveyor, in the And naveyon to 
aggregate, receive, hold, or retain for. himself, hereafter, more ^^^^ 
than four thousand five hundred dollars per year, including all 
commissions or fees or emoluments, or any other commissions or - 
salaries which are now allowed and limited by law : Provided, 
The aggregate sums allowed per year to the several officers afore-«S2l?fe»SdS- 
said shall be exclusive of the necessary expenses incident to their ^^[^^^^ 
respective offices, in the same year, subject to the regulation of 
the Secretary of the Treasury ; 

^6. And be it further enacted, That all stores hereafter Aiifttoreibtnar. 
rented by the collector, naval officer, or surveyor, shall be oA pub-pubuc account) 
lie account, and paid for by the pollector as such, and shall be 
appropriated exclusively to the use of receiving foreign merchan- 
dize, subject as to the rates of storage^ to regulation by the Sec- 
retary of the Treasury ; 

^ 7. And be it further enacted, That every collector, naVal 

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2824 1841 Chap. 46.— Resolution, 1. 

SS'aJ^umT *rl? oflficcK, and surveyor of the several porU of the Uaited Stater, 

quired by the5tii who shall bc guiltjr of falsc sweafing in taking the oath, at the 

wuh^infent to de- rendition of his accounts as required by the fifth section of thif 

Si'^GoveromTn?, act to be prescribed by the Secretary of the Treasury, with the 

to Ke deemed per- jjj^^^jj^jjj to deccive and dcfraud the Government of the United 

States, shall be deemed to be guilty of perjury, and liable to the 

same prosecution and penalty inflicted for like oflfenoes, to be tri- 

Sec. Treasury, ed and adjudged in any court of the United States having juria- 

oiHn 
fenc 



^nronrthe of-diction thereof, and it shall be the duty of the Secretary of the 
^i^ntod, tod" Treasury, whenever, in his opinion the said offence has been per- 



toSS*io*'proiSlP®^'**^®^ ^ aforesaid, to direct the District Attorney of the Uni- 
cuto tbe offender, ted States for the district within which the same fias occurred to 

prosecute the offender : 
e^ w'A?!^'; <$» 8. And be U further enacted, That all laws, or parts of 
uoni^Sr oub !!^~ law*9 inconsistent v^ith the provisions of the fifth, sixth, and sev- 
repelled. ' ^^^h scctious of this act, are hereby repealed. 

• Approved, March 3di 1841. 

CHAP. 49. An act to amend the act entitled <' An act to amend the act 

approved May thirteenth eighteen hundred, entitled ^ An act to amend 

an act entitled ' An act to establish the judicial courts of the United 

States. 

i&S°d""1p^- ^ ^- Be it enacted, fyc. That nothing contained in the act 

Sari? ^"'for^ihe ®"^*^'®d " -*" ^^ *^ amend the act approved May thirteenth 

dtettioli orpbnn^ eighteen hundred entitled ' An act to amend an act entitled ^ An* 

Seror'i84o. e. act to establish the judicial courts of the United States' " passed 

93.»iito. p.2908. jijg twentieth July, eighteen hundred and forty shall be deemed 

or taken to apply to the courts of the United States holden, or 

to be holden in and for the districts of Pennsylvania, but jurors 

in said districts shall be selected, returned and empanelled, as if 

the said act had not been passed. 

to™*^!/!""** ^ 2. And be it further enacted, That this act shall continue 

in force one year and no longer. 

Approved, March 3d, 1841. 

CHAP. 50. A« act to abolish the port of delivery and the office of Sur- 
veyor of the Customs at Currituck Inlet in North Carolina. 

Tiie port and of. ^ 1. Bc it cnoctcd, fyc, That the port of delivery and the of- 
uw^^Ta^ewdiiet fico of Survcyor of Customs at Currituck Inlet in North Carolina 
jrtthuito Kt re- y^Q^ j^jj J ^j^g gg^^g ^j^Q hereby abolished, and that all laws in con- 
flict with this act be, and the same are hereby, repealed. 

Approved, March Sd, 1841. 

RESOLUTION. 

[No. 1.] Joint Resolution to present incorporated universities, colleges, 
dbc, with copies of the catalogue of the Library of Congress. 

^^VS^in^: B^olved by the Senate and House of Representatives of the 

' United States of America in Congress assembled, That ooe 

copy of the catalogue of the Library of Congress be presented 



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r 



1841 Resolvtion, 1. 2825- 

to each of the incorporated universities^ colleges, athenceums, and 
historical societies in the United States, not exceeding three hun- 
dred in number, and to the American Antiquarian Society. 

Approved^ January 14tt, 184K 



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1841, ACTS OP THE TWENTY-SEVENTH CONGRESS 

OF 

THE UNITED STATES ; 

Passed at the First Session, which was begun and heid at 
the City of Washington^ in the District of Columbia^ on 
Monday, the thirty-first day of May, one thousand eight 
hundred and forty one. 

John Tyler, President. Samuel L. Southard, President of 
the Senate, protempore. John White, Speaker of the 
House of Representatives. 



Tba Prttident 
aalharizedtobor- 



CHAP. 3. An act authorizing a loan not exceeding the sum of twelve 
miliions of dollars. 

^1. Be it enacted by the Senate and House of Represen- 
tatives of the United Sates of America in Congress assembled, 
Miuurt.edtoDor.'^*^^* the President of the United States is hereby authorized, at 
rom $i3,ooo,oo0i any time within one year from the passage of this act, to borrow, 
rntamt^^i^/abto on the Credit of the United States, a sum not exceeding twelve 
SSli^'i^^^"'"** millions of dollars, or so much thereof as in his opinion the ex- 
igencies of the Government may require, at a rate of interest, 
payable quarterly or semi-annually, not exceeding six per centum 
The loan to be per annum, which loan shall be made re-imbursable either at the 
roimbartabie, ^jjj ^j. ^j^^ Secretary of the Treasury, after six months notice, or 
at any time after three years from the first day of January next ; 
row5d"toS*?iP^'^^ said money so borrowed shall be applied, in addition to the 
piled, Low. money now in the Treasury, or which may be received therein 
from other sources, to the payment and redemption of the Trea- 
' sQry notes heretofore authorized, which are or may be outstand* 
ing.and unpaid, and to defray any of the public expenses which 
8todk.how tnnt. ^^^^ \^qj^ heretofore or which may be authorized by law, which 

stock shall be transferable only on the books of the Treasury. 
.«S^!SK<SJIi ^ 2. And be it further enacted, That the Secretary of the 
jjJ™J{J?^jJJJ Treasury be, and he is hereby, authorized, with the consent of 
ofetoektob^ra. the President, to cause to be prepared certificates of stock, sign- 
paAdaadio . . ^ ^ ^^ ^^^ Secretary and countersigned by the Register of the 
Treasury, for the sum to be borrowed, or any part thereof, bear- 
ing an interest not exceeding six per centum per annum, and 
transferable and' reimbursable as aforesaid, and to cause the said 
proTiM. certicates of stock to be sold : Provided, That no stock be sold 
below par. 



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^ 1841 Chap. 3—7. 2827 

^ 3. And be il further enacted, That the Secretary of the JS^^^^^^ii 
Treasury be, and he is hereby, authorized to receive proposals P||^posaia for the 
for taking the said loan, or to employ an agent or agents for theagea'u'to ragoS^ 
purpose of negotiating the same, and to pay to him or them a*^^ •*"*•• 
reasonable commission, not exceeding one-tenth of one per cent, 
on the amount so negotiated, which sum to be allowed to such ». , .. . 

J "* , , .i • JSzpoiMM Incident 

agent or agents, and such expense as may be necessarily incur- ^o. »ecaUoa of 
red in printing and issuing certificates of stock, and other ex- io'V?to6o which 
penses incident to the due execution of this act, in all not ex-US." *'**''****"" 
ceeding twelve thousand dollars, which sum is hereby appropri- 
ated for that purpose, and shall be paid out of aay money in the 
Treasury not otherwise appropriated. 

<^ 4. And be U further enacted. That the Secretary of the secwurj Trei- 
Treasury is hereby authorized to purchase, at any time before the to^arcinS^nSk 
period herein limited for the redemption of stock hereby author- ?idempt»lL°* ^^ 
ized, such portion thereof as the funds of the Government may 
admit of, after meeting all the demands on the Treasury, and Appropriation 
any surplus in the Treasury is hereby appropriated to that object. 

^ 5. And be it further enacted, That the faith of the United pw%f f^^jJJS! 
States be, and is hereby, pledged for the punctual payment of {^^J^*? ^ 
the interest and redemption of said stock. 

Approved, July 21 th, 1641. 

CHAP. 7.— An act to repeal the act entitled '• An act to provide for the lei^StJp!^^!' 
collection, safe-keeping, transfer, and disbursement of the public reven- 
ue," and to provide for the punishment of embezzlers of public money, 
and for other purposes. • 

Act of 4th JdIj 

'^ 1. Be U enacted, fyc. That the act entitled " An act to pro- J84o,f*pe«»ed. 
▼ide for the collection, safe-keeping, transfer, and disbursement 
of the public revenue," approved on the fourth day of July, A. 
D. one thousand eight hundred and forty, be, and the same isel^uS^,^! 
hereby, repealed : Provided, always, That, for any offences Ji*S*tctio!ftJJll! 
which may have been committed against the provisions of the "»»*we. 
seventeenth section of the said act, the offenders may be prose- 
cuted and punished according to those provisions ; and that all affc^'by (Imm!^ 
bonds executcd^under the provisions of said act, and all civil ^^^ 
rights and liabilities which have arisen or accrued underpaid act, 
and the refiiedies therefor, shall remain and continue as if said i^ 
act had not been repealed ; any thing herein contained to the 
contrary notwithstanding. 

^2. And be it further enacted, That if any officer charged coSTeffigSwhi 
with the safe-keeping, transfer, or disbursement of public moneys, ^^'^'J^'P^g^^ 
or connected with the Post Office Department, shall convert to ■»•!»* ^ ?«"'« 
his own use, in any way whatever, or shall use by way of invest- i^d^thP^T^op 
nient in any kind of property or merchandise, or shall loan, with fo^'a.o^pibSJ^or- 
or without interest, any portion of the public money entrusted *'** 
to hini for safe-keeping, transfer, disbursement, or for any other 
purpose, every such act shall be deemed and adjudged to be an 
embezzlement of so much of the said moneys as shall be thus ta- 
ken, converted, invested, used, or loaned, which is hereby de- 
clared to be a felony ; and the neglect or refusal to pay over on 



Digitized by CjOOQIC 



2828 1841 Chap. 7— a • 

iY«ff|«et or^^ demand any poblic moneys in his bands, upon the presentation 
tnnf£ ^r ^dii- of a draft, order, or warrant drawn upon him, and signed by the 
^imVfleto ?T*1S^ Secretary of the Treasury, or to transfer or disburse any such 
enoeof tttct^. j^^j^^yg promptly according to law, on the legal requirement of a 
superior officer, shall be prima facie evidence of such conversion 
t for ^^ ^^^ ^^^ ^"^ ^^ ^^ much of the pu}>lic moneys as may be in his 
nM°dnirM,^ud hands. Any officer or agent of the United States, anji all per* 
knowwi?2'wH' sons advising, or knowingly and willingly participating in such 
u5f ^w£?**^ embezzlement, upon being convicted thereof before any court of 
the United States of competent jurisdiction, shall, for every 
such offence, forfeit and pay to the United States a fine equal to 
the amount of the money embezzled, and shall suffer imprison- 
ment for a term not less than six months or more than five years. 
AetorsMJone ^3. Afid be U fuTther euacted^ That' the act entitled '<An 
mSS'KtSVe^*^^^ ^^ '®8"'*^^® ^'^^ ^^P^*^* ^^ ^be public money,*' approved on 
tioDi! repealed, tho twcnty-third day of June, eighteen hundred and thirty-six, 
us^tokV^^^s- excepting the thirteenth and fourteenth sections thereof, be, and 
the same hereby is repealed. 
so.uchofeet A 4^ Afid be it further enacted^ That so much of an act, 
M proMbUe the passcd the fourtccnth of April, eighteen hundred and thirty-six, 
luM^or^ bank entitled '< An act making appropriations for the payment of the 
52!S^te!luSI!*rlJ Revolutionary and other pensioners of the United States, for the 
. pealed. jq^^ eighteen hundred and thirty-six,'' as provides that no bank 

note of less denomination than ten dollats, and after the third 
. day of March, eighteen hundred and thirty-seven, no bank note 
of less denonriination thap twenty dollars, shall be offered in pay- 
ment in any case whatsoever, in which money is to be paid by 
the United States, or the Post Office Department, be, and the 
aame hereby i8> repealed. Approved Anguet I3th 1841. 

CHAP. 8. — An act to provide for the payment of Navy Pei^ions. 

*Iutof ^*^'"*" ^^' ^^^ enacted, Sfc. That the sum of one hundred and 

thirty-nine thousand six hundred and sixty-six dollars and six 

cents is hereby appropriated, to be paid out of any money in the 

Treasury not otherwise appropriated, for the payment of pensions 

Froweoi pen.joni ^ud half-pay chargcablo on the navy pension fund : Provided, 

"i^'^im^i^to'^^^^ ^'' widows or children of all naval officers, seamen, or ma- 

«Jow of nSti- rioes, now deceased, and entitled to receive or make proof of 

«ioo of Co«iret«, ..' . .'. -^ «. . ..r 



their pensions under the act of the third of March, eighteen hun- 
dred and thirty-seven, shall receive the same until the close of 
No widow^or the ttcxt scssion of Congress ; but no widows or children of any 
naval officer, eoa- navol officcf, scamau or marine, who may hereafter die, shall be 
wtom^h^X; entitled to any pension by virtue only of any provision in the said 

die,eoJtIed, ^^^ 

No officer, eea- ^ 2. Atid be U fwlheT enocted, That no officer, seaman, or 
212, ^ei"o"T' '"^""^j entitled to a pension from the navy pension fund, who . 
•t the eame tmie, reccivcs pay from the public treasury, shall receive more from tlie 
«r a^ aroffiMrsaid fuud tliau is sufficient to make the whole amount received 
ineerrioe. f^^^ j^^j^j^ ^j^^ ttbove-namcd sourccs equal to the pay fixed by hiw 
for the grade to which the officer, seaman, or marine may belong 



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1841 Chap. 8—9. 2829 

us an officer in the services in which he may be engaged, during 
the year, so that no officer shall receive pay at the same time both 
as a pensioner and an officer in service. 

Approved^ August 16/ft, 1841. ^ 

CHAP. 9. — An act to establish a uniform system of bankruptcy through- Repeaiedaetor 
oat trte United States. '®^» ^- p«* p- 

^ I. Be it enacted, fyc.y That there be, and hereby is, estab-^^'j^n'^'jrmtjitm 
lished throughout the United States, a uniform system of bank- tub "iSiedT*'**" 
ruptcy, as follows : All persons whatsoever, residing in any Stale, ini^deht/'n^oi'crT 
District, or Territory, of the United States, owing debts, which "iirnw^nJ^acihtg 
shall not have been created in consequence of a defalcation as a".*Pj;'*j.'JJ*J?;^j*^ 
public officer: or as executor, administrator, guardian or trustee, <^'^i*»<:'^7.**nny<»p- 
or while acting m any other fiduciary capacity, who shall, by pe- proper court, net- 
tition, setting forth to the best of his knowledge and belief, a list n'cfii ^mdor^^oMh! 
. of his or their creditors, their respective places of residence, and j^p^T*"*** **"''' 
the amount due to each, together with an accurate inventory of 
his or their property, rights, and credits, of every name, kind, and 
description, and the location and situation of each and every par- 
cel and portion thereof, verified by oath, or, if conscientiously 
scrupulous of taking an oath," by solemn affirmation, apply to the 
proper court, as hereinafter mentioned, for the benefit of this act, 
and therein declare themselves to be unable to meet their debts 
and engagements, shall be deemed bankrupts within the purview 
or this act, and may be so declared accordingly by a decree of 
such court ; all persons, being merclmnts, or using ihe trade oferl?fac'oM.'*bro.' 
merchandise, all retailers of merchandise, and all bankers, factors, j'®//; ormLTine 
brokers, underwriters, or marine insurers, owing debts to the^'j»««'«. owing 
amount of not less than two thousand dollars, shall be liable totp$3,ooo?°on^'^ 
become bankrupts within the true intent and meaning of thi«crodrtor8^[owhon 
act, and may, upon the petition of one or more of their creditors {Jj^roj^r^lt* 
to whom they owe debts amounting in the whole to not less than n»«»y »» decinred 

liitii I • I 111 oaiiKrupift in Mf* 

five hundred dollars, to the appropriate court, be so declared ac- ««*«> «a««. 
cordiiigly, in the following cases, to wit : whenever such persons 
being a merchant, or actually using the trade of merchandise, or 
being a retailer of merchandise, or being a banker, factor, bro- 
ker, underwriter, or marine insurer, shall depart from the State, fft 
District, or Territory, of which he is an inhabitant, with intent to 
defraud his creditors; or shall conceal himself to avoid being ar* 
rested ; or shall willingly or fraudulently procure himself to be 
arrested, or his goods and chattels, lands or tenements, to be at- 
'tached, distrained, sequestered, or taken in execution ; or shall 
remove his goods, chattels, and effects, or conceal them to pre- 
vent their being levied upon, or taken in execution, or by other 
process ; or make any fraudulent conveyance, assignment, sale, 
gift, or other transfer of his lands, tenements, goods, or chattels, 
credits, or evidences of debt : Providedy hoioever, That any per-g^^J^^JJjjfjJJ^'JJ 
son so declared a bankrupt, at the instance of a creditor, may, at«»«the«n«t«nreor 
his election, by petition to such court within tcn*days aficr itsroui&uyjary- 
decree, be entitled to a trial by jury before such court, to ascer- 

Digitized by CjOOQ IC 



2830 1841 Chap. 9. 

tmwSY* rSSu ^^"^ ^^^ ^^^^ ®f ®"^'* bankruptcy ; or if such person shall resida 
diit'ce. the^jadge ^^ a great distance from the place of holding such court, the said 
u?iito to held in judge, iR his discretion, may direct such trial by jury to be had 
tb^j'^ide.^'^ in the county of such person's residence, in such manner, and un- 
der such directions, as the said court may prescribe and give ; 
and all such decrees passed by such court, and not so re-examin- 
ed, shull be deemed final and conclusive as to the subject-matter 
thereof. 
Paymenu, &o- & g. jind bc it fuftker enacted. That all future payments, 

made in eontem- '^.. •^ ^ i» r j j 

piattoQ of bank- securities, convcyances, or transfers of property, or agreements 
prffince%f fo? made or given by any bankrupt, in contemplation of bankruptcy, 
JrliioJ^^Xiad^nd for ihc purposc of giving any creditor, endorser, surety, or 
afiraud upon thia Q^i^^f persou, any preference or priority over the general credit- 
ors of such bankrupts ; and all other paymeirts, securities, con- 
veyances, or transfers of property, or agreements made or given 
by such bankrupt in contemplation of bankruptcy, to any person 
or persons whatever, not beinga bona fide creditor or purchaser, 
for a valuable consideration, without notice, shall be deemed ut- 
**.^*"^"°?*'terly void, and a fraud upon this act ; and the assi^rnce under the 

tne bankraptcy ,, int ••! i» /• •*• 

may recover ihe bankruptcy shail l>e entitled to claim, sue for, recover, and receive 

■ame« as part ofi n * f i » % ■■ 

the assets. the Same as part of the assets of the bankruptcy ; and the per- 
c«'**^revent^!di9- ®^" making such unlawful preferences and payments shall receive 
charge. no discharge under the provisions of this act : Provided^ That 

iid^^tr^i^ctiSM ^'^ dealings and transactions by and with any bankrupt, bona fide 
^^r^nJh^^^^^^ *"^ entered into more than two months before the petition 
fore^the petition, filed against him, or by him, shall not be invalidated or afl^ected 
Ftoviso; the by this act : Provided, That the other party to any such dealings 
inj no^n^fce^lTfa ^^ transactions had no notice of a prior act of bankruptcy, or of 
ropteyf'**'*^^* the intention of the bankrupt to take the benefit of this act And 
in case it shall be made to appear to the court, in the course of 
Preference to any the proceedings in bankruptcy, that the bankrupt, his application 
renta discbarge', being Voluntary, has, subsequent to the first day of January last, 
wm^Lmjori^or at any other time, in contemplation of the passage of a bank- 
IShw^Sreditorfc ^ '*"P^ ^^^i ^Y assignments or otherwise, given or secured any 
preference to one creditor over another,, he shall not receive a dis- 
charge unless the same be assented to by a majority in interest 
of those of his creditors who have not been so preferred : And 
TrcMaoinofi^iB ptovided, clso, That nothing in this act contained shall be con- 
men^S^d'minorai strued to annul, destroy, or impair any lawful rights of married 
va[id°^by*"^SS womcn or minors, or any liens, mortgages, or other securities on 
lawsjdccaffected. property, rcal.or personal, which may be valid by the laws of the 
States respectively, and which are not inconsistent with the pro- 
visions of the second and fifth sections of this act. 

^^ § 3. And be it further enacted. That all the property and 

righti??pS5^rty rights of property, of every name and nature, and whether real, 
ceptasu^'^tn- personal or mixed, of every bankrupt, e;ccept as is hereinafter 
tilrtedin'lS^iS.' provided, who shall by a decree of the proper court, be declared 
pSSSd'^by* Sfe *° ^^ ^ bankrupt within this act, shajl, by mere operation of law, 
proper court jpgo facto, from the time of such decree, be deemed to be divest- 
ed out of such bankrupt, vvithout any other act, assignment, or 



Digitized by CjOOQIC 



1841 Chap. 9. 2831 

^ihet conveyance whatsoever ; and the same shall be vested, by poS^dSLS?i 
force of the same decree, in such assignee as from lime to time J{|J.ret"^*" •* 
shall be appointed by the pVoper court for this purpose, which Rigbtaandpow- 
power of appointment and removal such court may exercisejat its JJ» ®^ *^« "8*«»- 
discretion, toties quoties ; and the assignee so appointed shall be 
vested with all the rights, titles, powers, and authorities, to sell, 
manage, aad dispose of the same, and to sue for and, defend the 
same, subject to the orders and directions of such court, as fully, 
to all intents and purposes, as if the same were vested in, or might 
be exercised by, such bankrupt before or at th$ time of his bank- 
ruptcy declared as aforesaid ; and all suits in law or in equity, 
then pending, in which such bankrupt is a party, may be }>rose- 
cuted and defended by such assignee to its final conclusion, in 
the same way, and with the same eflfect as they might have been 
by such bankrupt ; and no suit commenced by or against any as- 
signee shall be abated by his death or removal from office, but the 
-same may be prosecuted or defended by his successor in the 
same office : Provided, however. That there shall be excepted proTiso, j^ecif^ 
from the operation of the provisions of (his section the necessary JSItJd "Sim "Sfe 
household and kitchen furniture, and such other articles and ne- J^JJJjf"" ^'^'^ 
cessaries of such bankrupt as the said assignee shall designate 
and set apar-t, having reference in the amount to the family, con- 
dition, and circumstances of the bankrupt, but altogether not to 
exceed in value, in any case, the sum of three hundred dollars ; 
and, also, the wearing appafrel of such bankrupt, and that of his 
wife and children ; and the determination of the assignee in the 
matter shall, on exception taken, be subject to the final decision 
of said court. 

^ 4- And be it further enacted, That every bankrupt, who what iwnk. 
shall bona fide surrender all his property, and rights of property, ™%ii*di»i^iiJ 
with the exception beforementioned, for the benefit of his credit- 2^ and a^! 
ors, and shall fully comply with and obey all the orders and direc- ^^^^"^ ^'^°^' 
ttons which may from time to time be passed by the proper court, 
and shall otherwise conform to all the other requisitions of this 
act, shall (unless a majority in number and value of his creditors 
who have proved their debts, shiall file their writen dissent there- 
to) be entitled to a full discharge from all his debts, to be decreed 
and allowed by the court which has declared him a bankrupt, and 
a certificate thereof granted to him by such court accordingly, 
upon his petition filed for such purpose; such discharge and goch discbawe 
certificate not, however, to be grahted until after ninety daysandcenwcatenot 
from the decree rff bankruptcy, nor until after seventy day's tuafte?a"Jiertin 
notice in some public newspaper, designated by such court, to all lo'^^ton^"^^ 
creditors wIk) have proved theif debts, and other persons in 
interest, to appear at a particular time and place, to show cause 
#hy such discharge and certificate shall not be granted ; at which 
ttine and place any such creditors, or other persons in interest, 
may appear and contest the right of the bankrupt thereto : Pro- p^^^.^^y ^ 
vided, That in all cases where the residence' of the creditor is bow to^e^fSven 
kAowtt, a Servian on him p^t^omHj, or by letter addressed \6 him dSTwtotao^' 



Digitized by CjOOQIC 



2838 1841 Chap. 9. 

at his known usual place of residencej shall be prescribed .by Ae 
court, as in their discretion shall seem proper, having regard to 
whatbankrupisthe distance at which the creditor resides from such court. And 
discharge or cer- if any such bankrupt shall be guilty of any fraud or wilful con- 
tificatc, cealment of his properly or rights of property, or shall have pre- 

ferred any of his creditors contrary to the provisions of this act, 
or shall wilfully omit or refuse to comply with any orders or di- 
rections of such court, or to conform to any other requisites of \ 
this act, or shall, in the proceedings under this act, admit a false i 
or fictitious debt against his estate, he shall not be entitled to any 
such discharge or certificate ; nor shall any person, being a mer- 
chant, banker, factor, broker, underwriter, or marine insurer, be 
entitled to any such discharge or certificate, who shall become 
bankrupt, and who shall not have kept proper books of accooot 
after the passing of this act ; nor any person who, after the pass- 
proTiflo: noing of this act, shall apply trust funds to his own use: Provided^ 
i>anki^%1i to n. That no discharge of any bankrupt under this act shall release or 
lease pariners, ^^is^.hJ^rge any person who may be liable for the same debt as a 
partner, joint contractor, endorser, surety, or otherwise, for or 
je5*?o*°^S5i*SS- ^^''^^ ^^® bankrupt. And such bankrupt shall at all times be 
tioD, under oath, subject to examination, orally, or upon written interro^tories, in 

in matters reUt- r , - , ' ^ ^. . • . • ^ . 

tng to such bank- and before such court, or any commission appomted by the court 
^^^- therefor, on oaih, or, if conscientiously scrupulous of taking an 

oath, upon his solemn affirmation, in all matters relating to such 
bankruptcy, and his acts and doings, and his property and rights 
of property, which, in the judgment of such court, are necessary 
Peijarf,towii.and proper for the purposes of justice ; and if in any such exam- 
ly^^iKVsTOri'"^*'^"' ^^ ®^^" wilfully and corruptly answer, or swear, or affirm^ 
^' falsely, he shall be deemed guilty of perjury, and sRall be punish- 

able therefor, in like manner as the crime of perjury is n«vv pun- 
Sachdischar^ ishable by the laws of the United States ; and such discharge and 
Sic^rtsor ju8%ertificate, when duly granted, shall, in all courts of justice, be 
^acomp^iefeX- deemed a full and complete discharge of all debts, contracts, and 
?]SpShcd^°*for other engagements of such bankrupt, which are proveable under 
JJ3^'^*'y'^®this act, and shall be and may be pleaded as a full and complete 
bar to all suits brought in any court of judicature whatever, and 
the same shall be conclusive evidence of itself in favor of such 
bankrupt, unless the same shall be impeached for some fraud or 
wilful concealment by him of his property or rights of property, 
as aforesaid, contrary to the provisions of this act, on prior rea- 
sonable notice specifying in writing such fraud or concealment; 
and if, in any case of bankruptcy, a majority, in number and value, 
in?^^*obtain^"aOfthe Creditors who shall have proved their debts at the time of 
hw*iS?Wa? hearing of the petition of the bankrupt for a discharge as hereia- 
mandTtri^lf '^^'*^'^^ provldod, shall at such hearing file their written dissent to 
Jury, or appeal to the allowance of a discharge and certificate to such bankrupt, or 
ecrcut court. .^^ ^^^ ^^^j^ hearing, a discharge shall not be decreed to him, the 
* bankrupt may demand a trial by jury upon a proper issue to be 
directed by the court, at such time and place, and in such manner, 
as the court may order ; or be may appeal from that decisioo, at 
any time within ten days thereafter, to the circuit court next (o 



Digitized by CjOOQIC 



1841 Chap. 9. 2833^ 

be held for the same district, by simplj entering in the district 
court, or with the clerk thereof, upon, record, his prayer for an 
appeal. The appeal shall be tried at the first term of the circuit >pp«»i to b« 
court after it be taken, unless, for sufficient reason, a continuance how-crediron 
be granted ; and it may be heard and determined by said court ^jJct^lC^Y SS? 
summarily, or by a jury, at the option of the bankrupt ; and the®**"**" 
creditors may appearand object against a decree of discharge and 
the allowance of the certificate, as hereinbefore provided. And Decree ofdi«- 
^if, upon a full hearing of ihe parties, it shall appear to the ^atis-^JJjjJp^nY JT 
faction of the court, or the jury shall find that the bankrupt hastiflcats gnuteS, 
made a full disclosure and surrender of all his estate, as by thisfimi?ii«f ^'^ 
act required, and has in all things conformed to the directions 
thereof, the court shall make a decree of discharge, and grant a 
certificate, as provided in this act. 

^5. And be it further enacted^ That all creditors coming rt2j^^*J",^„^ 
in and proving their debts under such bankruptcy, in the "lan-r^^^p^p^rty, 
ner hereinafter prescribed, the same being bona fide debts, shall preference. 
be entitled to share in the bankrupt's property and eflects, pro 
rata, without any priority or preference whatsoever, except only 
for debts due by such bankrupt to the United States, and for all Debts m u. 
debts due by him to persons who, by the laws of the United neSr^d'hyi^ 
States, have a preference, inconsequence of having paid moneys |J2!i/° ^ ^^ 
as his sureties, which shall be first paid out of the assets ; and 
any person who shall have performed any labor as an operative . opentiree en- 

• .1 • r i_ 1 ^ i_ II i_ ^-1 1 A • ^L /• II titled to full 

in the service of any bankrupt shall be entitled to receive the fullamoant of wa- 
amount of the wagas due to him for such labor, not exceeding SL^edi^c^!!^^ 
twenty-five dollars ; Provided^ That such labor shall have been ^JUf^'j^l beeU 
performed within six months next before the bankruptcy of *"8JJf^™th»T-**" 
employer ; and all creditors whose debts are not due and payable Debts pay^ie 
until a future day, all annuitants, holders of bottomry, and res-Hod uncl^ v 
pondentia bonds, holders of policies of insurances, sureties, en-^j£j|U|*^.y '^e 
dorsers, bail, or other persons, having uncertain or contingent de-P~J®^^*^^J^ 
mands against such bankrupt, shall be permitted to come in and solute, allowed. 
prove such debts or claims under this act, and shall have a right, 
when their debts and claiihs become absolute, to have the same 
allowed them ; and such annuitants and holders of debts, p^y^-^t^^e in rtSn 
ble in future may have the present value thereof ascertained, j^j^jgj^ 
under the direction of such court, and allowed them accordingly, 

J , , . .J j.^ ^, . ®r' Suits not main- 

as debts in presenti ; and no creditor or other person^ coming mtainabieondebu 
and proving his debt or other claim, shall be allowed to main-^Qderthis^t!^ 
tain any suit at law or in equity therefor, but shall be deemed 
thereby to have waived ail right of action and suit against such 
bankrupt ; and all proceedings already commenced, and all un- 
satisfied judgments already obtained thereon, shall be deemed to innratoaidebts 
be surrendered thereby ; and in all cases where there are mutual £2^^^% Se 
debts or mutual .credits between the parties, the balance only '"»«•*«"• 
shall be deemed the true debt or claim between them, and the p^^^^j^^^, 
residue shall be deemed adjusted by the set-ofF; all such prooftobe made before 
of debts shall be made before the court decreeing the bankrupt-'''***'*'*^ **^ 
cy, or before some commissioner appoinred by the court for that 
purpose ; but such oourt shall have full power to set aside and 



Digitized by CjOOQIC 



2834 1841 Chap. 9. 

disaUow any debt, upon proof that sach debt is founded in fraud, 
corporarions imposition, illegality, or mistake; and corporations to whom any 
may prove^^^^s ^^^^^ ^^ ^^^^ ^^^^ make prooftherefor by their president, cashier, 
thereof. treasurer, or other officer, who may be specially appointed for 

that purpose ; and in appointing commissioners to receive proof 
tobSrel^i^nrg^^of debts, and perform other duties, under the provisions of this 
thS"*"''^krSptact, the said court shall appoint such persons as have their resi- 
"^"* dence in the county in which the bankrupt lives. 

District coaits ^ 6. Aud be ii further enacted, That the district court in. 
ttoStr iii'^mit- every district shall have jurisdiction in all matters and proceed- 
tw. of bankrupts J jjgg j^ bankruptcy arising under this act, and any other act, 
' which may hereafter be passed on the subject of bankruptcy ; 
Jurisdiction to^^® ^'^ jurisdiction to be exercised summarily, in the nature of 
be ezorciMd, summary proceedings in equity; and for this purpose the said 
• j!ldge may, at district court ^hall be deemed always open. And the district 
jou^^^uy point judge may adjourn any point or question arising in any case in 
to^^e cwcuit Ijjjjj jjj.ypj^y jjjj^ if^Q circuit court for the district, in his discretion 
to be thece beard and determined ; and for this purpose the cir- 
cuit court of such district shall also be deemed always open. 
caMitowbtch And the jurisdiction hereby conferred on the district court shall 
of* t^e'^^isSlrt ^^^^'^^ ^^ ^'1 ^ses and controversies in bankruptcy arrisingbe- 
e««rta shall ox- tween the bankrupt and any creditor or creditors who shall claim 
any debt or demand under the bankruptcy ; to all cases and cod« 
troversies between such creditor or creditors and the assignee of 
the estate, whether in office or removed ; to all cases and contro- 
versies between such assignee and the bankrupt, and to all acts, 
matters, and things to be done under and in virtue of the bank- 
ruptcy, until the final distribution and settlement of the estate of 
the bankrupt, and the close of the proceedings in bankruptcy. 
Cooita may And the Said courts shall have full authority and jurisdiction to 
to "their*oSer8 compel obedicnce to all orders and decrees passed by them in 
aoddecrem. bankruptcy, by process of contempt and other remedial process, 
to the same extent the circuit courts may now do in any suit 
District courts pending therein in equity. And it shall be the duty of the dis- 
an^^uti^n^ trict court in each district, from time to time, to prescribe suitable 
MwiSS'flu^hSJJt •'"'^' *"d regulations, and forms of proceedings, in all matters of 
to be ^^tored^. bankruptcy ; which rules, regulations, and forms, shall be subject 
court to be altered, added to, revised, or aunulied, by the citcuit court 

~ of the same district, and other rules and regulations, and forms, 
substituted therefor ; and in all such rules, regulations, and forms, 
it shall be the duty of the said courts to make them as simpli^ and 
brief as practicable, to the end to avoid all onnecessaty expen- 
ses, and to facilitate the use thereof by the public at large. 
Said eoortfl to"^"^ ^^^ ^'^ courts shall, from time to time, prescribe a tariff or 
preecribe a tariff table of fcos and chargcs to be taxed by the officers of the court 

of fee* tnd char- . r * j .•• ^ ■ .l 

ge« for MTvicea ro othcr pcrsous, for services under this act, or any other on the 
"** " **^*' subject of bankruptcy; which fees shall be as low as prac- 
ticable, with reference to the nature and character of such ser- 
vices. 
Aiiprocw^im '^7. And be it Jkirther enacted, That all petitions by any 
!u.%ctcou^ fo? bankrupt for the benefit of this act, as)d all petitiodir by a creditor 

Digitized by CjOOQIC 



1841 Chap. 9. 2836 

agaiBSt any bankrupt under this act> and all proceedings in the ue b£i!^M^%^^ 
case to the close thereof, shall be had in the district court within '*^«^ 
and for the district in which the person supposed to be a bank- 
rupt shall reside, or have his place of business at the time when 
sach petition is filed, except where otherwise provided in this act. 
And upon every such petition, notice thereof shall be published nodi?2^^?v- 
in one or more public newspapers printed in such district, to be *° ^'»^« <>>« 
designated by such court at least twenty days before the hearing titfJn?' o ape- 
thereof ; and all persons interrested may appear at the time and 
place where the hearing is thus to be had, and show cause, if e.Sd"^y*''a|Jr 
any they have, why the prayer of the said petitioner should not ^^' 
be granted ; all evidence by witnesses to bo used in all hearings ^jf JelSTlo b« 
before such court shall be under oath, or solemn affirmation, when under oitb, &c 
the party is conscientiously scrupulous of taking an oath, and 
BMy be oral or by deposition, taken before such court, or before 
any commissioner appointed by such court, or before any disin- 
terested State judge of the State in which the deposition is taken ; p^^^ ^^ ^^^ 
and all proof of debts or other claims, by creditors entitled toorouierciaiinsto 
prove the same by this act, shall be under oath or solemn affirm- &c. ''°^'^' *'^* 
atioD as aforesaid, before such court or commissioner appointed 
thereby, or before some disinterested State judge of the State 
where the creditor* live, in such form as may be prescribed by 
the rules a^d regulations hereinbefore authorized to be made and 
established by the courts having jurisdiction in bankruptcy. But suchprooftop- 
ail such proofs of debts and other claims shall be open to coo-f^J^^j;^'*" 
testation in the proper court having jurisdiction over the proceed- 
ings in the particular case in bankruptcy ; and as well the assignee 
as the creditor shall have a right to a trial by jury, upon an issue 
to be directed' by such court, to ascertain the validity and amouftt 
of such debts or other claims ; and the result therein, unless a 
new trial shall be granted, if in favor of the claims, shall be evi- 
dence of the validity and amount of such debts or other claims. 
And if any person or persons shall falsely and corruptly answer, i^mytoftto- 
swear, or affirm, in any hearing or on trial of any matter, or in m^iXr^mS, 
any proceeding in such court in bankruptcy, or before any com-"*®'^"* 
uissioner, he and they shall be deemed guilty of perjury, and 
punishable therefor in the manner and to the extent provided by 
law for other cases. 

^ 8. And be U further enaiOed, That the drcuit court with- to^it5?e"^^^^ 
in and for the district where the decree of bankruptcy is passed, JJJJj^ ^"**dutric"t 
shall have concurrent jurisdiction with the district court of the u^^^^^^"^^ 
same district of all suits at law and ia equity which may and eesjmd ^«n£ 
jsball be brought by any assignee of the bankrupt against any yltliS hfta!!^u*^' 
person or persons claiming an adverse interest, or by such person 
against such assignee, touching any property or rights of property 
of said bankrupt transferable * to, or vested in, such assignee; snch ioitsoot 
and no suit at law or in equity shall, m any case, be mamtaina-]»MbnmgMwith- 
ble by or against such assignee or by or against any person *"*''**^**^ 
claiming an adverse interest touching the property and rights of 
property aforesaidi in any court whatsoever, unless the same 

Digitized by LjOOQ IC 



2836 1841 Chap. 9. 

shall be brought within two years after the declaration and de« 
cree of bankruptcy, or after the cause of suit shall first have ac- 
crued. ^ 
saiM, ^ by ^9, And be it further enacted, That all sales, transfers, and 
£*iii!d1f°when other conveyance of the assignee of the bankrupt's property, 
aadhow! ^nd Hghts of property, shall be made at such times and in such 
manner as shall be ordered and appointed by the court in bank- 
. ^ . ruptcy : and all assets received by the assignee in money, shall, 
neytobedifpos-withm sixty days afterwards, be paid fnto the court, subject to its 
•4 of, how. order respecting its future safe-keeping and disposition ; and the 
AnigoM may court may require of such assignee a bond, with at least two 
SSr«b?Dd?^ ***8ureties, in such sum as it may deem proper, conditoned for the 
due and faithful discharge of all his duties, and his compliance 
with the orders and directions of the court ; which bond shall 
be taken in the name of the United States, and sjiall, if there be 
any breach thereof, be sued and suable, under the order of tfach 
court, for the benefit of the creditors and other persons in inter- 
est. 
wS^^^thefr rt ^10. And be U further enacted, That in order to ensure a 
ductiontomoQey speedy Settlement and close of the proceedings in each case in 
thereof to" be bankruptcy, it shall be the duty of the court to order and direct 
^u^bi^^^^^a collection of the assets, and a reduction of the same to money, 
and a distribution thereof at as early periods as practicable, cont 
Dirideod 'andsistcntly with a duc regard to the interests of the creditors : and 
nndl^M^oaeuM^ dividend and distribution of such assets as shall be collected 
monthi,*" ■''and reduced to money, or so much thereof as can be safely so 
disposed of, consistently with the rights and interests of third per- 
sons having adverse claims thereto, shall be made among the 
creditors who have proved their debts, as often as once as in six 
months from the time of the decree declaring the bankruptcy; 
Noti-e thereof"^^*^® ^^ ^^^^ dividends and distribution to be given in some 
tobeiiven. ncwspapcr or newspapers in the district, designated by the court 
How far poit- tcu days at least before the order therefor is passed ; and the pen- 
S^iMtt^'^r'dency of any suit at law or in- equity, by or against such third 
persons. . persons, shall not postpone such division and distribution, ex- 
cept so far as the assets may be necessary to satisfy the same; 
prrmkJwi"S'te ®"^ ^" ^^^ proceedings in bankruptcy in each case shall, if prac- 
«[^** *" «w«iicable, be finally adjusted, settled, and brought to a close, by the 
court within two years after the decree declaring the bankruptcy. 
ed^untii"aT^''^"^ whcrc any creditor shall not have proved his debt until a di- 
deod hail been vidcnd or distribution shall have been made and declared, he 
•tthrMme^proSh^ll b^ entitled to be paid the same amount, pro rata, out of the 
wta u o«i>«rf,,pg|njjining dividends or distributions thereafter made, as the other 
creditors have already received, before the latter shall be entitled 
to any portion thereof. 
Assignee, by <$> 1 1 • And bc U further enacted^ That the assignee shall 
SSrredLemand'^ave full authority, by and under the order and direction of the 
JUJ^^^ ^g»"y proper court in bankruptcy, to redeem and discharge any mort- 
gage or other pledge, or deposite, or lien upon any property, r^al 
or personal, whether payable in present! or at a future day, and 



Digitized by 



Googk 



1841 Chap, 9. 2837 

to tender a due performance of the conditions thereof. And such de'bS* "I5?*d5i 
assignee shall also have authority, by and under the order and di-^be wut»/ 
rection of the proper court in bankruptcy, to compound any 
debts, or other claims, or securities due or belonging to the es- 
tate of the bankrupt; but no such order or direction shall be ,o^ Inade.^S 
made until notice of the application is given in some public "P^'^® '>"*'^*^b 
newspaper in the district, to be designated by the court, tenpU(»tioD. 
days at least before the hearing, so that all creditors and other 
persons in interest may appear and show cause, if any they 
have, at the hearing, why the order or direction should not be 
passed. 

^12. ^nd be it further enacted, That if any person, who Penont one* 
shall have been discharged under this 'act, shall afterwards be-enmi?g'*''tiaok3 
come bankrupt, l>e shall not again be entitled to a discharge un-[oKdS^bar^ 
der this act, unless his estate shall produce (after all charges) ""*•■■»**• 
sufficient to pay every creditor seventy-five per cent, on the 
amount of the debt which shall have been allowed to each cred- 
itor. 

^ 13. And be it further enacted, That the proceedings in all be^;SS!S°m»iJ 
eases in bankruptcy shall be deemed matters of record ; but the|JJJ^*»J^'^^*J* 
same shall not be required to l>e recorded at large, but shall be 
carefully filled, kept, and numbered, in the office of the court, 
and a docket only, or short memorandum thereof, with the num- f^m to clerk 
bers, kept in a book by a clerk of the court; and the clerk of jf^j^'JJJ;^ ,^S![ 
the court, for affixing his name and the seal of the court to any*nK»o'««rt''yi°«- 
form, or certifying, a copy thereof, when required thereto, shall 
be entitled to receive, as compensation, the sum of twenty-five 
cents and no more. And no officer of the court, or commission- co!lrt*5SfMS, or 
er, shall be allowed by the court more than one dollar forJ^^^Jwig^ptSor 
taking the proof of any debt or other claim of any creditor of debt*, tc 
or other person against the estate of the bankrupt; but he may 
be allowed, in addition, his actual travel expenses for that pur- 
pose. 

«^ 14. And be it further enacted, That where two or more ^^J p^JJJ^j^* 
persons, who are partners in trade, become insolvent, an order inwi vent, an oiw 

I J • fi • 1 J • .L- * -.1 .u dertobe made, 

may c>e made in the manner provided in this act, either on the how. 
petition of such partners, or any one of them, or on the petition 
of any creditor of the partners; upon which order all the joint nit^^^o^n'y^ 
stock and property of the company, and also all the separate es-jjjjj*^*" except, 
tate of each of the partners, shall be taken, excepting such parts 
thereof as are herein exempted ; and all the creditors of the com-j,,^2J||i"y^| 
pany, and the sepatate creditors of each partner, shall be allowed ^^«>epj^nei», 
to prove their respective debts ; and the assignees shall also keep Awigoees ^to 
separate accounts of the joint stock or property of the company, J^^onta."^ 
and of the separate estate of each member thereof ; and after de- 
ducting out of the whole amount received by such assignees the or joint nockfto 
whole of the expenses and disbursemcnu paid by them, the nett J;/*;JjJJ»,^^j^^ 
proceeds of the joint stock shall be appropriated to pay the cred-^y- 
itorsof the company, and the-Jiett proceeds of the separate estate ^^^ ^^ ^^ 
of each partner shall be appropriated to pay his separate creditor ;nte°eat8tea, ui 
«nd if there shall be any balance of the separate estate of any ;X^** "' 

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3838 1841 ^Chap. 9—10. . 



22? eSutf to^ partner, after the payment ^f his, separate debts, such bali^nce 
^added to joint shall be added to the joint atoipk, for the paynQ^ent qf tl^e joint 

Anc 

stock t 



And of Joint creditors; and if there shall be any balance of tfie joint stock, 
•T^oni'^il^^^fier payment of ^he joint debts^ auch balanpe shall be divided 
^ estates, .^^j appropriated tq ^n.cH ai^ong the sep^frate ^g^le^ of the seve- 
ral partners., according to they reap^ctixe i:ighta c^nd interest^ 
therein, a^nd as it would hav^ beei^ if the partnership had been 
dissolved without any bankruptcy : and th^ suiq appropriated 
diSS^tooa^h to the separate estate pf each parla^r shall be applied to the pay^ 
v^ner, m^nt of his separate deb\9 ; and th^ certificate of discharge shall 

be granted or refused to each partner, as the same would or 
ought to be if the proceedingfii had, be^n agains.^ hini alone 
under this act ; and fn all oth^r re^^t^ the proceedings 
pecujSSSdi?!; against partners sl^U be conducted in the like^ Wnner as if 
?M*iiISionf*^'* they had been comnienped and prosecut^ed against ope ^r^on 

alone. 
Decree of bank- ^15. Ajid ht ^ fwthffT t/ixqc^d^^ That a copy of a,ny decree. 
f^Eltm^m V!1?I of bankruptcy, and the appointment of assignees, as directed by 
t'i5"to'*deVdrSf ^he third section of this act, shall b^ recited in every deed of 
Undi. lands belonging to the bankrupt, sold and conveyed by any as- 

signees under and by \\x\x^q oC this act ; sind tha^. such recital^ 
Such recital, 4^. together wfth a certified copy o( such order« shajl be full and 
d^^coVtbeblnkl complete evidence both of the bankruptcy and assignment there- 
"S^IfMAi^^ "">" recited, and supersj^d|& the necessity of any other proof of such 
offtctMif"* Jj bankruptcy and assignment tp v^tlidate the said deed ; and all 
binkJ*^'* **^ '*» deeds containing such r^i^l, and. supported by such proof, shall 
°'^* be as effectual to pass the title of t^e bankrupt, of, in, and to the 

lands therein n^entioned apd described to the purchaser, as fully 
to all intents and purposes, as if made by such bankrupt himself^ 
immediately before sifc^h order. 
^.Tho^^jorkdic- ^ 16. And be it further enacted f That all jurisdiction, power, 
n4' d' di^riciand authority, conferred upon and vested in the district court of 
^nfll^red od'' d^^ the United States by this act, in cases in bankruptcy, are hereby 
i)iitrict°of" Col- conferred upon and vested iq the circuit court of the United 
utnbia, and fu- Statcs for the District of Columbia, and in and upon the supreme 

proroo or superior . ^ i. • ' JiJ •. • r i »t • i « 

jj>^«rt« of Terriio- or supcrior coufts of any of tpe T^erritones pf the United States 
in cases in bankruptcy, where the bankrupt resides in the said 
District of Columbia, or in either of the said, Territories. 
Thia act to ^ 1*^- ^^ *^ *^ further enacted. That this, the act shall 

take «ff^^j^^» take effect from and after the first day of February next. Ap- 

next. ^proved, August 19/A, 1841. 

Act f 1838 CHAP. 10. An act further to extent the time for locating Virginia miii-r 
i76,ante p. .2^91. tary land warrants, and returning surveys thereon to the Geners^l Land 

Office. 
ac?*of'?fh7ui?[ ^l. Be U enacted^ fyc, That the first section of the act ef^- 
wmi'iJ'uiS JJSi ^'t'cd " An act to extend the time for locating Virginia military 
1840°'^ reviv^^* '^"^ warrants, aod returning surveys thereon to the General 
and' continaej Land Office," approved July seveath, eighteen hundred and; 
tojirt J^*»"wy.thirty^ight, as to all warranU issufid prior, to the tenth day of. 

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1841 Chap, li— 12. 2839 

Augosf, eight^n handf^S and forty, and no others, be, and the 
same it berebjr^ received, and to continue in force until the first 
'dajr oij^Jaooary, eighteen hundred and forty-four. 

Apprtivtd August 19/& 184K 

CHAP. 11. An act to authorize the recovery of fines and forfeitnres in- 
enrred under the chartei' lawa, and ordinances of Georgetown, before 
justice^ of the peace. 

^ I. Be it enacted, fyc. ^hat jo remove all existing doubts as GM^tm^^oa- 
to (he chartered powers of the Mayor, Recorder, Aldermen and « AniSj &c**1^ 
Coixiimon Council of Georgetown, the said Corporation of George- 'Ji'^""i*c/Yi' 
town shall be, and they are hereby authorized and empowered lofy^J* ^^*^^fj^ d^ 
recover all fines, penalties, and ibrfeitures incurred, or that may ^' 
be incurred, under their charter, and the laws and ordinances 
passed in pursuance thereof, by warrant before any justice of the 
pieace of the District of Columbia, and execution on hisjudg- 
liieht, in like manner, and subject to a lik^ appeal to the Circuit 
Court of the District of Columbia, as ih other cases uf small 
debts. Approved, Auf^Usi 1 9/ A, 1 84 1 . 

CHAP. 12. An act to revive and extend the charters of certain banks in 
the 0i8trict of Columbia. 

§ 1. Beit enacted, ^t.. That the chapter of the Bank of the or wA^^'Jo^.^b"* 
Meftftfpolis, of the BSrAfk of Washington, and of the Patriot Bank Ji,ri^i^**'"£S: 
tff Washington, in the city of Washington ; thfe charter of (he fj*^^*J? *'BifIiti 
Ftfrtnfers and M^cttanicfi? 6atfl of Georgetown, in Georgetown ;Frrmew» aon^' 
and the chartei's of the Farn^erb' Baink of Alexandria, and of thero»«e^?e*u»<».'^ 
Bianfe of Pofomac, id th^ iov^n of Alexandria, be, and the same 
are ifeverally* and res^iecfively hereby revived ; and all the pow- ^^*^^ll^, 
eN, righted, pl^ihniejifetf, immunitiies, limitations, prohibitions, unt r*|^*j>^^J 
Md r^flftrictioiif^ cohtaiNed iii said 6hnrieisi tirh hereby renewed, the law* |«*<f^ 
emMded, and rt^ade a^plicabl^ in full force to each of said banks, ?ob)M(to/«itain 
respectively, and to the president, directots, other officers, and ii"»"^i»*»™' 
AOdth^erii of ea^h of ttem, in the satii6 manner, and to the 
wmf^ eitteti afS ^a^ gttMed arid provided b;; the sard several and 
fei^l^tive 6harf6r{^, and the lai^s^ iU force on' the day of January^ 
in the* year eighteen hundfred and thirty-eight, subject to the lim- 
fMtibbs and provfsiotrs hlerciiirffl'er contained: Provided, Sti\d^^j'*^*„*^^l 
banks ihall, each M itself, from and aftei* the passage of this act, *«<* ^"^o„"^5J; 
retftmu^ andf corittflW^ th6 payrtrtent of all its notes and specie li- filn'ljo to do in/ 
abilities in Specie, on demand'; and' each' arid ^very of said banks .u^i^DdVffVpr}" 
fettling U> ^e'sutrie ^<eie payments, as' aforesaid, within ten daySp^wV^^'ain'lDcy 
aftei' Ite pfiAriljg^ df this rf6t, o!* having' resumed' specie payments ;jJ^*2;'|;\'JX'i 
again iMi^piftiyainj^ or refriWrife to pay any of its noterfor other 8P«-f;ji»ilj/St°.^J2 
d^ IHibilllS^ in sjil^ci^, v^h^ii' legiaRy d^mahded', ot- shall pay out in the tccond for. 
or lertd out, ilftef t»ie first day of MarciH next, thfe notes of ariy iVanti^by uT" 
lAwpenA^ babk^ oi* arif pa^ifer ciitrenfcy' whatever which is not 
AftfMlefnt tb g(Hd dtid iMvei", slittll, iti' the ibrst caise be excluded 
h^ airpstttfditaitiori ib tMe ptm^tkii^ profvislons'of this act 



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2840 1841 Chap. 12. 

»t?*!ir*?ich'2!!l:andi "n *h« »«c<>"<* <»•«» »'»«^"» *P«o /«<2'<>» forfeit all benefit anil 
iTiu«i.j;*^"nelP"*^®8® granted by it: and it shaU be the duty of the district 
e«Mary to enforce attorney of the United States for the District of Cohirobia^aDon 
to eomiMii such m Tor n tat ion lodged with nim olany such suspension or refusal to 
{r."«.oUrJ."'* r l>ny in specie by any of said banks, to take forthiviih, the neces- 
derMiofadJaiygQry and proper legal steps to enforce the forfeiture hereby pro- 
vided for such refusal or suspension, and to compel every such 
delinquent bank to proceed to wind up his concerns, under, and 
agreeable io, the provisions of the act of Congress entitled ** An 
act to continue the corporate existence of certain banks in the 
District of Columbia, for certain purposes," approved the third 
day of July, in the year eigheen hundred and forty. 
^»mu proMbu. ^ 2, And be U further enacted. That each and every of said 
iNwTftn?.^ ^ banks shall be, and they are hereby, expressly prohibited from 
SrfV**S«»"!Ii» making any new loan or loans whatever, upon a pledge of stock 
S^^ni7ue^lo^i^; »« ««»^ ^^nk as security for the repayment of said loan ; and they 
wirbooi •**ihft"'"® '^^'^^^y required, upon all loans now existing upon any such 
iwwUy. pledge of stock, to require and exact, t>eforeany renewal or ex- 

tension of any such stock loan shall be granted, other sufficient 
security for the same, in the form, and to the extent usual in said 
PMwMtniind banks upon making ordinary loans. And the president and di- 
f^^!k kiiS! rectors of each of said banks are hereby made individually liable 
5ttk tbtkTJS! to '^J' persons concerned, for the whole amount of any loan or 
■»»• loans hereafter made or renewed contrary to the aforegoing pro- 

visions, by them, or any of them, or with their consent, from the 
funds of any of said banks ; and the cashier of each of said banks 
shall keep a regular record of the attendance of the president and 
each director at every meeting of the board of directors of the 
bank of which he is cashier; and every president and director 
who shall be present at any meeting at which any loan upon a 
wtat -iMiM be pledge of stock, as aforesaid, shall be made or extended, shall be 
J^, *• ^ •deemed to have consented to the same, unless he shall at that 
meeting enter his protest, in writing, against said loan on the min- 
utes of their proceedings, 

.ft2ir.;c.%*S;i .^^ t^'^^.ft ♦^•Z'"'"^*^ enacted, That in each and every of 
•\w?VtoM?»'* banks, all loans now existing to any president, cashier, direo- 
j^rMniAiKiaaiiy, ^^^ ^^ Other officcr, either as principal or security, to a greater 
jjuhjoiovar that amount than ten thousand dollars, shall be regularly curtailed or 
reduced, at the rate of at least tvnenty-five per cent, or one-fourth 
of tlfe whole amount, annually in a due proportion to each re- 
ncwal at the expiration of ninety days successively, until the sum 
of such oan shall, in nq instance, exceed the amount of ten thou- 
sand dollars aforesaid. And no new loan oi» loans shall hereafter 
on any pretence whatever, be made to any president, cashier' 
director, or other officer, either as principal or security to a 
loans? „VJ;f«^^«^^"»^"»5 ■»" ^^^ whole including the unpaid balances of 
»r«r4:llif?u^^^ loans than ten thousand dollars ; and the same penalties, 
bjiiB^. uxoaed liabilities, and presumptions shall, in every case of a loan made 
» • contrary to the spirit, intent, and meaning of this section, attach 

of the president and directon of the bank by which said loan 

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1841 Chap. 12. 2841 

shall be made, as is provided in the preceding section, in th® diw'Sw^^SiJbto 
case of loans upon a pledge of the stock of the bank making therefor. Miasu 
the sanMS. * '"^ 

^ 4. And be it further enacted, That each and every of said fMoinf^oroffar- 
banks are hereby expressly prohibited from issuing or paying outin* bTnfnlti^not 
or offering in payment and bank note or other paper in discharge J^JJ^J^'^^J***!^ 
of their debts or liabilities of any kind on any pretence whatever, hibued, on'pam 
which the particular bamk making the payment or tender is not, doable ttotl!^' 
at the time of such payment, in the habit of receiving at par, in 
payment of all notes or other debts due and payable at said bank,, 
under pain of forfeiting for every such offence double the sum 
so paid out or offered in payment of its own debt or debts ; one- Forfritora. how 
half to the informer, and one-half to the use of the town or city iTdtow reooTat' 
in which ths offending bank may be situated, to be recovered by *•*'•' 
action of debt in any court of competent jurisdiction in the 
District of Columbia. 

^ 5. And be it further enacted. That each and every of said 
banks be, and they are hereby, expressly prohibited from issuing ftc.'^?a'ie!?d!!' 
or paying out, under any pretence whatever, any bill, note, or^pJJJiwted!'" 
other paper, designed or intended to be used and circulated as 
money, of a less denomination than five dollars ; and for any 
violation of the provisions of this section, the offending bank Penaitiei and 
shall incur all the penalties and forfeitures to be provided and red u^ereby."^*^' 
directed by the first section of this act for the case of suspension 
or refusal to pay .in specie ; to be enforced in like manner, as is 
directed by that section. 

^ .6. And be it further enacted. That each and every of the 
banks aforesaid shall within forty days after the passage of this heK'*5) *iu^ 
act hold an election in the form and manner prescribed by their 2;;j''"j,*»''^";j^ 
respective original charters for nine directors, which shall in fn-^I^/J^,' uiS'"Ii!f 
ture be the number of directors for each of the said banks ; and office.amitiie «ico- 
the persons elected at the said election, shall severally remain in H^^r^nar. "*^^'' 
office until the recurrence of the time prescribed by the original 
charter of each of said banks respectively, for an annual election 
of directors, at which last mentioned time, and at the same time 
in every year thereafter, each of said banks shall make its elec- 
tion of directors and other officers agreeably to the provisions of 
its original charter, except as to the number of directors, which 
shall in every case hereafter be nine. And there shall be chosen ^'JjJJJj*" ®^^J 
for each of said banks at the special election hereby provided for, other 'oAcera, 

.L f. t_ • ^- •. / -L • ihelt term. ^. 

or as soon thereafter as may be in cdmbrmity to the provis- 
ions of their respective original charters, a president and such 
other officers as may by the particular charter be' required to be 
elected, who shall hold their offices for the same time and in the 
same manner as if said charters had not expired ond said officers 
had been chosen at the last annual election. 

^ 7. And be it further enacted. That this act shall contin- This act con. 
ue in force until the fourth day of July which shall be in the ly^TsM? ^ ^ 
year ^ghteen hundred and forty-four. 

^ 8. And be it further enacted. That the act entitled '< An 
act to extend the chartiir of the Union Bank of Georgetown in 



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2843 1841 CriAP. li— 16. 

BtofieM^ t^T-^^^ District of Colombia" a^tjroVed the tfrentjr-fifth ddy of Mfty 
traS'tbe cha^r in (he je^t eigtheefl hundred and thirty-eight, be and the samfe 
Bank, ^tended IS hereby extended to the first day of July in the year €i|[hte6ti 
toiai Jaix,i847.j^^^^^^j find forty-seven until which time the said act shall be 
in full force for the sole purpose of enabling the president and 
directors of the said bank for the time being to close its afiairi. 

Approved, August Z5lhy 1841. 

CHAP. 14. — An act in addition to an act entitled an acttocafry into edect 
a Convention between the United States and the Mexican Republic. 

Bwieury Troaa. ^ L 06 U efUicted^ fyc. That the Secretary of the Treasury 

"toV Cr ^^Sld be and be is hereby authorised upon the presenttflioQ of certified 

to^^M <Irtm-C*^*^* ^^ ^^^^ awards as have been or shall be made^ in purisu* 

o*t««- ance of \he Convention with the Republic of Mexico^ concluded 

at Washington, the eleventh day of April, one thousand eight 

hundred and thirty-nine, in favor of citizens of the United Stately 

to issue certificates to the persons authoriKed to receive the Sums 

so awarded tl\eir legal representatives and assigns in the nlaoiier 

directed by the seventh section of the act of Congress entitled 

" An act to carry into effect a convention between the Unit^ 

oertificataa in Statcs And thc Ropublic of Mcxico such eertificale to be in such 

form and amoaat form and for such portioas of the sums awarded as may be con- 
to guit ciaimantf, .• ., -T , , ,. iii- 

and subject toeer- venient for the .cmiRFmnts and to be subject to the deductions pvo' 
**ProTi2r"**"' vided for by the tenth section of Said act, Provided^ That noth* 
ing in this act shall be construed fo give any rights to th^ elaitn*- 
ants that are not conferred by said convention, and the act of 
June twelfth, one thousand eight hundred and forty ; and tilat 
the substance of this proviso be inserted in the certificates that 
may .be issued. Approved September let, 1841. 

CHAP. 15. — An act to amend an act entitled << An act to provide for taking 

the Sixth Census, or enumeration of the inhabitants of the United 

S5i. ante p, S764.* States," approved March third, one thousand eight hundred and thirty- 
nine, and the acts amending the sam$. 

Tntttimaaiioir. 4 1. Be U etiacted, it Cy. Th^i it shall, and may be lifwAil fof 
enam«rationg.«nfthe mafshals of the Tcspective States and Territories, who havd 
TxteSfedt'^^'^not, before the passage of this act, completed their eAumerattottr, 
and made their returns, under the acts hereby amended, to prd^ 
ceed personally and by their assistants to complete suroh enumei^ 
ations, and make such returns under the said acts; and tli€^ poid 
assistants shall be allowed until the iirst day of December, one 
thousand eight hundred and forty-one, to cotnplete theiv enumef' 
ations, and make their returns to the marshals, and the said mar- 
shals shall be allowed to make their returns to the Secretary of 
State, at any time before the first day of January, one thousand^ 
ui'S?fai'iSJ?'"eight hundred and forty-two; Provided, That nothing herein 
contained shall be deemed to release such marshals and assistants 
from the penalties contained in the act aforesaid, unless th^iff re* 
turns shall be made within the time' prescribed in this act ; «ll«l, 
ProviMj j^f provided further. That no persbns be included in th^ rAuAs 
■oMtobaroturn-m^^ Under the present act, unless sQch persons shatt Mt^bMIl^ 



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"1841 Chap. 16— 16. 3843 

inhabitants of \\^e idislrict for which such returns shall be made 

on the first day of June, one thousand eight hundred and forly ; thf 'SL^ndVum 

md th# Secretary of Slate be, «nd he is hereby, authorized to ^Mj*^*;^^ £1" 

cause to be printed l,wenty thousand copies of the compendium priottd. 

tr abridgement of tha Sixth Census, by counties and principal 

towns, together with the tables of apportionment as prepared al 

the department of State, for the use of Congress. 

§ 2. And be it further enacted, That the Secretary of Stale doSSnu'ST: 
is hereby authorized to have the Sixth Census documents bound ^***^^' 
10 1^ pbtio 9JQd substantial manner, the cost of which shall not ex- 
ceed fifty cents oer volume; and that the amount thereof shall 
be paid out of shy money in the Trtiaury not otherwise appro- 
priated. 

^ 3. And bi it further ena^Ud, That it shall and may bemiTabr^u'^';? 
IflLwfql for the marshal of the State of Maryland, and he is here- Jury'SJIIdrto *£; 
by ijequired, under the direction of the Secretary of State, to "s^^" '••^••»- 
cause the nuoiber of inhabila^nts within Montgomery county, in 
tbe State aforesaid, to be again ta.keif according to the directions To be eo»idor. 
of tlie act to which this is a supplement, and the same to be re- eDamerMiw "*^^ 
turned befofe the first day of December next, and when so taken 
and returned sfflR be considered as the correct enumeration of 
tihe inhabitants of the said county : Provided, That nothing j^Proj;»jj^; oo!»^ 
herein contained shall be deemed to release such marshal and hisUM? ^^ ^^^ 
assistants from the penalties contained in the act aforesaid ; And 
prqvided, further^ That no^person be included in the returns .cX^t^^KUum'^ 
made under the present act, unless such persons shall have been/"^' 
inhabitants of the district of which such returns shall be made on 
the first day of June, one ihousand eight hundred and forty : A7id 
provided, also, That the said corrected return shqll not delay the mg'orthiSHSol 
printing of the Census; and that the said corrected return be ~*'**'^'*'^'*'*'- 
printed by itself separately. Approved September \st, 1841. 



CHAP. 16. — An act to appropriate the proceeds of the sales of the pub- 
lic lands, and to grant pre-emption rights. 

^ 1. Be it enacted, fyc, That from and after the thitty-first w»»i«w>o'^ 
day of December, in the year of our Lord one thousand eight wdi^gtlMrf 
hundred and forty-one^ there be allowed and paid to each of thef""JS'£dm«*^ 
States of Ohio, Indiana, Ulinois, Alabama, Missouri, Mississippi, j^JgJ^^y'^^J; 
Louisiana, Arkansas, and Micmgan, over and above what each of ^■^p*^'^- 
the ^id Stales is entitled to by the tern^f the compacts entered 
into between them and the United States, upon their admission 
into the Union, the sum of ten per centum upon the nett pro- 
ceeds of the sales of the public lands, which, subsequent to the 
day aforesaid, shall be made within the limits of each of said p^viw? uid 
States respectively : Provided, That the sum so allowed to the """<>' •ff<«f^ 

. . , ^ ' ' . , I 11 I • . ^ , •>/ •anw applied 

said States, respectively, shall be in no wise atlectcd or dimmish- totheCuoibvriand 
ed on account of any sums which have been heretofore, or shall '°*'*' 
be hereafter, applied to the constructicm or continuance of the 
Cumberland road, but that the disbursements for the said road 



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2844 1841 Chap. 16. 

shall remain, as herelorore, chargeable on th^ two per centum 
fund provided for by compacts with several of the said States. 
AfUrdedoeiiDf ^ 2. And bc it further enacted^ That after deducting\he said 
•nd wh^'u^ni- ten per cent, and what, by the compacts aforesaid, has heretofore 
paTt^' Ki^.n^idl been allowed to the States aforesaid, the residue of the nett pr^ 
T«c"ea/^of ^'bM ceeds, which nett proceeds shall be ascerteined by deducting from 
public iund» to be tiie crross procceds all the expenditures of the year for the follow- 

civided among ibe . © V ^^ f ^^ t ^t. r% t 

8i.ii««, &.cot the I ng objects: salaries and expenses on account of the General 
Uaiooihow. Land Office; expenses for surveying public lands; salaries and • 
expenses in the surveyor general's officss; salaries, commissims, 
and allowances to the registers and receivers; ^he five per cen- 
tum to new States, of all the public lands, of the United States, 
wherever situated, which shall be sold subsequent to the said ^ 
thirty-first day of December, shall be divided among the twenty- 
six States of the Union and the District of Columbia,*and the 
Territories of Wisconsin, Iowa, and Florida, according to their 
respective federal represcn^itive population as ascertained by the 
To be applied last census, to i>e applied by the Legislatures of the said States 
mj duJciI*^'*'** to such purposes as the said Legislatures may direct : Provided^ 

That the distributive share to which tbe Dist|^t of Colombia % 
©f Dimfctc'Ium- ®^^" ^^ entitled, shall be applied to free schools, or education in 
bia,toeduc«iuoii.8ome Other form, as Congress may direct: And provided , also. 
That nothing herein contained shall be construed to the preja- 
in/Teroiii "con" dice of futurc applicatioos for a reduction of the price of the 
JS«mwrettp^pii*P"^''c lands, or to the prejudice o'f applications for a transfer of i 
dlcuoo ^Vf \he *^^ public lands, on reasonable terms, to the States within which 
mice of the pub- they lie, or to make such future disposition of the public lands, 
or any part thereof, as Congress may deem expedient. 
Kelt procce.it ^ 3. And Bb it further enacted, That the several sums of 
lun^s^aynbTe lU moucy rcceivcd in tlie Treasury as the nett proceeds of the sales 
yotrIv7irwhomf of the public laods shall be paid at the Treasury half yearly on 
the first day of January and July in each year, during the operar 
tioii of this act, to such person or persons as the respective Le- 
gislatures of the said States and Territories, or the Governors 
thereof, in case the Legislatures shall have made no such ap- 
pointment shall authorize and direct to receive the same. 
p.^trbj'STii f 4. And be it Jurther enacted. That any sum of money, 
Jf.od*?o*^ym«me which at any tinae may become due, and payable to any State of 
of debt* due U.S. the Uniou, or to the District of CSolumbia, by vittue of this act, 
as the portion of the 9l0i State or District, of the proceeds of 
the sales of the public lands, shall be first applied to the payment 
of any debt, due, and payable from the said State or District, to 
de!!^.3 "«u« ^'^® United Stales: Provided, Tha^^his shall not be construed 
wt^'Wd J"n«.i«^. to extend to the sums deposited with the States under the act of 
leg out of fMi«l Congress of twenty-third June, eighteen hundred and thirty-six, 
MV?nar/war!Q^ entitled *' an act to regulate the deposites of the public money," 
ijcuded. ^^^ ^^ ^^^ sums apparently due to the United States as balances 

of debts growing out of the transactions of the Revolutionary 
war. 
<^ 5. And be it further enacted, That this act shall continue 



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► 



1841 Chap. 1& 8845 

ind be to force ufllil otherwise provided by law^ unless the Uiii-^J;^^f^^'^^^ 
ted States shall become infolved in war with any foreign Power, ^^ 
'm whii^h event, from the commencement of hostilities, this act 
shalLbe suspended during the continuance of such war : Provi- PmvMo; piv 
4^ nevertheless f That if, poor to the expiration of this act, any ^^l^ ?o n^ 
i«^ State or States s^^W be admitted into the Union, there be ^,*l;^o^1;;''l^. 
assigned to such new State or States,. tlai pi^aprtion of the pro- ^j^^^^'* °^ ^^^ 
ceeds accruing after their admission into the Union, to which oich 
9« State or States may be entitled, upon the principles of this act, 
tether whh- what such State or States may be entitled, to 
by vir4te of compacts 1^ be made on their admission into the 
Unic^. 
I ' ^6. And he it further enacted, That there shall be annually ^i£;^%',^^Vj! 

' appropriated for completing the surveys of said lands, a sum not ^[{''^^r^Tarv^"""' 
less thaaone hundred and fifty thousand dollars; and the mini-" ^■"|«nnpH<ia 
« mum piice at which the public lands are now sold at pMvate sale not toi^^lnerMi^ 
shall not be increased, unless Congress shall think proper to grant "**'""'^'*"* 
alternate sections along the line of any canal Qf other internal 
improvement, and at the same time^ to increafie the minimum 
price of the se|Uons reserved ; and in case the same shall be in- 
creased by lav^ezcept as aforesaid, at any time during the opc- 
, , ration of this ad^then so much of this act as provides that the 
nett proceeds of the sales of the public lands shall be distributed 
among the«several States, shall, from and after the increase #f the 
\ minimum price thereof, cease and become utterly null and of no 
effect, any thing in this act to the contrary notwithstanding : 
t Provided, That if, at any time during the existence of this act, oi M^'^impIShSS 

there shaN he an iipposition of duties on imports inconsistent with J^rlJlIISiMtotoSi 
the provisions of the «ct of March second one thousand eight Mtrch*''^i§tt'lnii 
hundred and thirty-three, entitled, ''An act to modify the act of beyoaaso peV'^. 
the fourteenth of July, one thousand eight hundred and thirty- provij!2d" bj"this 
) two, and all other acts imposing duties on imports," and beyond ed! *'***""p^"*** 
I the rate of duty fixed by that act, to wit: twenty per cent, on 

the value of such imports, or any of them, then the distribution 
provided in this act sliall be suspended and shall so continue un- 
til thia cause of its suspension shall be removed, and when re* 
-' moved, if not prevented by other provisions of this act, Buch dis- 
tribution shall be resume^ 
^ 7. And be it furtMr enacted^ That the Secretary of the .9«rt**;^ {J^^ 
I Treasury may continue any land distrii^un which is situated the oiScM^miy be 

k seat of government of any oue of the States* and may continue ^thH^nff'^"^' 
the land office in such district, noth withstanding the quantity of ox'iLr»of^ia!?d 
1 kad Imsold in such district may not amount to one hundred Jg2ncu!°wh^ 

I thousand acres, when, in his opinion, such continuance may be 

f required by public convenience, or in order to close tbe land sys- 
tem in such State at a convenient point, under the provisions of 
^ act on that subject, approved twelfth June, one thousand 
eifht hundred and forty. 
^ 8.. And be it further enqsUd, That them shall be ganted to nnu to htj^r 



em^ State specified in Uie fiiw section of this act five hundred 

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2846 1841— t-Chap. 1^. 

cified in ut ecc. thousand acres ©f land for purposes of intertial improvetnent * 
p?ovl^S. ""^Promdedy that to each of the said States which has already re-'. 
heretXe'^i'liJceived grants for said purposes, there is hereby granted no more 
S^brSTcEWiillhan a quantity of laftd 'which shall, together with the amount 
••id5004XK). ; sQch State has already received as aforesaid, make five hundred 
„ , .. thousand acres, the selections in all of *e said States, to to 

StlectlOQB ...u- •!• I l_T 

where lo be mad« made wJUim their Hmits respectively m such manner as the Le- 

*\o b^'iocatf d: gislature thereof shall direct; and located in parcels conformably ^ 

howj^when, and ^^ gectioual difllMons and subdivisions, of not less than three 

hundred and twenty acres in any one , location, on an|^puMic 

land except such as is or ra%y be reserved from ipile by any law 

of Congress or proclamaiion . of the President of the United 

•Slates, f which said locations ma^ bQ made at any time after the 

lands of the United Stales in said Stales respectively, shall haVe 

surveyed according to existing laws.' And there shall bo and 

ed^tS^Sew s^irei hereby is,' granted to each new State that shall be hereafter ad- 

^taidlnurcd; mitted into the union, upoii such admission, so mucli land as, 

including such quantity as may have been granted to such State 

before its admission^ and while under a Territorial Government, 

for purposes of internal improvement as aforesaid, as shall make 

five hundred thousand acres of land, to be selected and located 

as aforesaid. 

tofc5*i»u7or're°i *^ 9. And be it further enacted, That the lands herein grant- 

tiun ti,26 p«rgj ^q i\^q States above named shall not be disposed of at a price 

less than one dollar and twenty-five cents per acre, until other- 

Nett proceeds wise authorizcd by a law of the United Stales ; ahd ihenett pro- 

appuwi !o ime/ceeds of the sales of said lands shall be faithfully applied to ob- 

ment« -"objeltsj^^^s of internal improvement within the States aforesaid, res- 

•pccified. pectively, namely : Roads, railways, bridges, canals and improve- 

9ochro*idft&c "™^"^ ^f water-courses, and draining of swamps ; and such roads, 

to be free' for rail ways, canals,. bridges and water-courses, when fnade or im- 

u. s. nJll,*&c?^proved, shall be free for the transportation of the United States 

mail, and munitions of war^ and for the passage of their troops, 

without the payment of^ny toll whatever. 

•*g«rSif thil ^i' ^ ^^' ^^^ ^^ *' further enacted^ That from and after the 

JJ'J^j^^peroMig; passage of this act, every person being the head of a family, or 

Ut June, ieS"w widow, or single man, over the age of twenty-one years, and 

Muie on^c1!?a^,Q being a citfzen of the United Stat^i^ a|rhaving filed his declara" 

ifSSJlSer&c^^'^" ^^ intention to become a citizen, as required by the oatura* 

S'r*?g^,*'»;lization laws, who since'ihe first day of June, A. D. eighteen 

uw ^ miiuiuujn hundred and forty, has made or shall hereafter make a settlement 

in person on the public lands to which the*Indian title had^b^en 

at the time of such settlement extinguished, and which has bee1n, 

or shall have been, s^pfveyed prior thereto, and who shall inhabit 

and improve the «ame, and who has or shall erect a dwelling 

thereon, shafll be^ and is hereby, authorized to enler with the re- 

gister of the land oflice for the district in which such land may 

Jie, by legal subdivisions, any number of acres not exceeding one 

hundred and sixty, t>r a quarter option of land, to include the 

residence of such claimant, upon paying to the United States ¥A 

Digitized by CjOOQ IC 



1841 Chap. 16. 2847 

minium price of such land, subject, however, to the following j^jJ^P^J^'^jj^^^ 



more 






> limitations and exceptions: No person shall be entitled to more^^'^". one pre- 

, ••II • * 1 • empljoii rigut. 

IhQii o^e pre-emptive right by virtue or this act ; no person who 
is tfae fyoprietor of three hundrech and twenty acres of land in 

6tny Slate or Territory of the United States, and no person who certain ix^raona 

. shall quit or abandoi| bis residence on bis own land to reside on fhl"ri2K S^pji! 
the public land iirthe same State or Teifitory, shall acquire any 'HUS'notiiabie 
rigt^t of pre-emption under this act; no laads included in any re- l®.*™^^^ ^^^' 
• servatipn, by any treaty,- law, or proclamation of the President 
o4 the United States, or reserved for salines, or for other purpo- 
ses; no land reserved for the support of schools, nor the lands 
acquired by either ofilhe two last treaties with the Miami tribe of 
Indians in the State of Indiana, or which may be ao^jired. of. 
the Wyafldot tribe of Indians in the Slate of Ohio, or other In- 
dian reservation to which the title has been or may be extinguish- 
ed by the United States at any lime during the operation of this 
act} no sections of land reserved tp the United States alternate 
to other sections granted to any of the States ^r the construe- 
Uoo of any canal, railroad, or other public Improvement; no 
fections or fraj^ions of sections included within the limits of any 
incorporated town ; no portions of the public lands which have . 
been selected a? the she for a city or town ; no parcel or lot of 
land actually settled and occupied tor the purposes of trade and 
notagrictikure; and no lands on which are situated any known 
flsalines or mines, shall be liable to entry under and by virtue of 
Che provisions of this act. And. so much of the proviso of the 
act of twenty-second of June, eighteen hundred and thirty-eight 

^pr any order of the President of the United States, as directs so much of pro- 
certain reservations to be made in favor of certain claims under j!Se,**i^'^ 
the treaty of Dancing-rabbit creek, be, and the same is hereby, ^jo^JlJ^JJ^SiSj 
repealed : Provided^ That such repeal sJ»all not affect any title SindnrSbit*^ 
to any tract of land secured in virtue of said treaty. creek, repouiod. 

'^ 11. And be it further enacted. That when two or more "*''"**' 
persons shall have settled on the same quarter section of land, when mor« 
t|ie right of pre-emption shall be in him or her who made the first ngbt of u^em^ 
settlement, providpd such persons shall conform to the other pro-'^°° ^^ ^^^^ 
visions of this act ; and all questions as to the right of pre-emp- Q„e8Uon«agto 
Uon arising between different settlers shall be settled by the re- ;5jJ'^"jJ^;^^ 
gtster and receiver of the clistrTct within which the land is situated, tteri,howM«ui«t 
subject to an appeal to and a revision by the Secretary of the 
Treasury of the United States. 

^42. Arid be it further enacted, That prior to any entries ^JJjw^^ "jj"^ 
being* made under and by virtue of the provisions of this act, made to refister 
proof of the settlement and improvement thereby required, shall "^'^ '^'^'^ 
be made to the satisfaction of the register^ anc^ receiver of the 
land district in which such lands may lie, agreeably to such ruhs 

• as shall be prescribed by the Secretary of the Treasury, who 
shall each be entitled to receive fifty cents from each applicant 
for his services, to be rendered as aforesaid ; and all assignments Assr^iments 
apd transfers of tho right hereby secured, prior .to the issuing of fiSng'of'p'^rent; 
the patent, shall be null and void, ''"" *"^ ""''^ 



Digitized by LjOOQIC 



f 



2948 1841 Chap. 16. " 

<^ 13. And be U further enacted, That %efore anj person 
by?2i>n7?ujS claiming the benefit of this act shall be allowed to enter fiuch. 
tav benefit of this lands, he or she shall make oath before the receiver or register 
of the land district in which the land is situated, (who are here- 
by authorized to administer the same,) that he or she has neT# 
had the benefit of any right of pre-emptiw under this act; that 
he or she is not tte owner of three hunc|pad and twenty acres of 
land in any State or Territory of the United States, nor hath he ^ 
or she settled uf^m and improved said land to sell the stfme on ^« I 
speculation, but in good faith to appreciate it to his or her own 
exclusive use or benefit ; and that he or she has not, directly or ^i 

indmactly, made any agreement or 'contract in any way orinan* 
ner, with any person or persons wtiatsoever, by whidi the title %^ 
which he or she might acquire from the Government of the United < 

penoiu swear- States, should eourc in whole or in part, to the benefit of any 
to'iMiM^^'dp^ person except himself or herself; and if any person taking such ^ 
ou^ of perjury, ^j^jIj ^^^\i swear falsely in the premise^e or she shall be subject 
to all the pain|t:1ind penalties of pei^y, and shall forfeit th^ 
money which he or she may hKVe paid for said land, and all right 
and title to the same ; and any grant or conveyi^ipe which he or 
she may have made, except in the hands of bona fide purchaa* 
Duty oftheof-ers, for a valuable consideration, shall be null and void. . And it $ * 
Nrthf'^^'^"'' shall be the duty of the officer administering such oath to file a 

certificate thereof in the public land oJSce of such district, and . 

to transmit a duplicate copy to the General Land Office, either m 
of which shall be good and sufficient evidence that «uch oath 1 

Sales of 1 d ^^^ administered according to law. 1 

not d^uye/V <^ 14. And be it further enacted. That this act shA not de^ 
**^* lay the sale of any of the public lands of ih Alnited States beyond * 

This act not ^^c time which has been, or may be, appointed by thef^roclama- 
wSa^*'feUi!lg**to ^*^" ^f *^® President, nor shall the provisions of this act be avail-'' \ 

*«j^»ke^proof ^of able to any person or persons who shall fail to make the proof f 

^SI^Zc! ^ ° and payment, and file the affidavit required before the day ap- 
pointed for the commery^ement of the sales as aforesaid. 
h*vt«"ny'I?i^- ^ 15. And be it further enacted, That whenever any person 
wuh'uleilit?i?t*to ^^^ settled or shall settle and improve a tract of land, siibject at \ 

parchMe under the time of Settlement to private entry, and shRll intend to pur- ' J 

this act) required , , *••• ?•• ■ * T .. 

to file with the chase the same under the provisions ot ^his act, such person shall 
mfnt^deserlbingin thc first case, withiu three months after the passage of the 
da*rinr*wc1i1Sl8afl™6| «"<* ^^ ^^u last Within thirty days next after the date of 
tentioi],&c. gych settlement, file with the register of the proper district a writ- 
ten statement, describing the land settled upon, and declaring 
the intention of such person to claim the same under the provis* 
ions of this act ; nx^ shall, where such '^ttlement is already 
made within twelve months after the passage of this act, and 
where it shall hereafter be made, within the same period after 
the date of such settlement, make the proof, affidavit, and pay- 
ment herein required ; and if he or she shall fail to file such 
written statement as aforesaid, or^ shall fail to make such affida- 
vit, proof, and payment, within the twelve months aforenrid, ||p 



Digitized by CjOOQIC 



1841 Chap. 16. 2849 

tract of land so settled and improved shall be subject to the entry 
. of any other purchaser. 

^ 16. And he ii further enacted, That the two per cent, of Th« two per 
the aett proceeds of the lands sold, or that may hereafter be procMdsorian'dB 
«oId, by the United States in the State of Mississippi, since the or'Ly"b^ ^d 
first day of December, eighteen hundred and seventeen, and by ^sj„jgg*\^ m^- 
the act entitled •* An act to enable the people of the western part fvpu f^^^y 

- I ««• • • • rr% • '^* * . '. , ^ '^ liecemner, 1817, 

of the Mississippi lerritory to form a constitution and Slate irov- and reserved fur 

.*' R road or nwda 

* ernmeat, and for the admission of such State into the Union on leading to kM 
an equal footing ivith the original States," and all acts supple- ed^to'MilXi^ 
mental thereto reserved for the making of a road or roads lead- ~'P*y**>*« ''*»•»• 
ing to said State, b%|tand the same in hereby r.elinquished to the 
State of Mississippi, payable in two equal instalments ; the first 
to be paid on the first of May eighteen hundred and forty-two, 
and the other on the first of may eighteen h^dred and forty- 
three, so far as the same may then have accrMR, and quarterly, 
as the same may accrue, after said period : Provided^ That the proviM: mi*. 
Legislature of said State shall first pass an a^ declaring their |^J*pJ, il'^^. 
acceptance of said relinquishment in full of said fund, accrued ^^^"i*'^® .*•">• 

, ^ . itL' I til *"** embracing a 

and accruing, and also embracing a provision, to be unalterable certain provialon 
without the consent of Congress, that the whole of said two per ttoD*** *pp*'^" 
cent, fund shall be faithfully applied to the construction of a rail- 
road, leading from Brandon, in the Slate of Mississippi, to the j^^^**!?^- 
eastern boundary of said State^ in the direction, as near as may 
be of the towns of Selma, Cahaba, and Montgomery in the State 
of Alabama. 

^ 17. And be it further enacted, That the two per cent, of The two per 
the nett proceeds of the lands sold by the United States, in t he prtKeeds^^iiuid! 
Slate of Alabama, since the first day of Seplemher eighteen ^iL^^n aiH^^ 
hundred and nineteen, and reserved by the act entitled " An act JJ?» si""^^* 
to enable the people of the Alabama Territory to form a consti- 1819, and reeerv- 
tution and State Government, and for the admission of such State ^ndMieaduTg to 
into the Union on an equal fooling with the original Slates" for Ju^u^'tj^AJa- 
the making of a road or roads leading to the said Stale, be, and JJSnT**^"**** 
the same is hereby, relinquished to the said State of Alabama 
paya6le in. two equal instalments, the first to be paid on the first 
day of May eighteen hundred and forty-two, and the other on the 
first day of May, eighteen hundred and forty three, so far as the 
same may then have accrued, and quarterly as the same may Pro^tw; Aia- 
thereafter accrue: Provided, That the Legislature of said Stale all's?! lujceptiM 
shall first pass an act declaring their acceptance of said relinquish- embmdDg a » 
ment, and also embracing a provision, to be unalierable without {J^^PJIi^j^^^f" 
the consent of Congress, that the whole of said two per cent. 
fund shall be faithfully applied, under the direction of the Legis- 
lature of Alabama, to the connection, by some means of intern- 
al improvement, of the navigable waters of the bay of Mobile 
with the Tennessee river, and to the construction of a continu- 
ous line of internal improvements from a point on the Chattahoo- 
chie river^ opposite West Point, in Georgia, across the State of 



Digitized by CjOOQ IC 



2860 1841 Chap. 1«— 23. 

I 
Alabama, rn a direction to Jackson in th# State of Miasisiippi. 
Approved, September 4th, 184l« 

CHAH. 18. An" act to provide for placing QreenOugh's statue of Wash- 
ington in the Hotnnda of the Capital, and for expenses therehi meW- 
tioned. 

o^elS^h ?oS; ^ ^- ^^ *^ enaeted, fyc, That the «coounts of Horatio Greeo- 
Mtued,bow. ough for cxpenses incurred in the execution of the pedeatriao * 
statue of Washington^ authorized by aresolutioo of Congress, Feb- 
ruary thirteenth, eighteen hundred and thirty-two, and the ac^ 
counts and charges for freight of the same to the United States^ 
be settled under the direction of the SecrAry of State, accord- 
iug to the rights of the claimants under their several contracli 
ProviBo. liberally eonstrued : Provided, That not more than six thousand 
five iiundrcd do||ir8 'Uiall be allowed the said Greenoogh in the 
event that the Secretary of State, under such construction as 
aforesaid, shall consider him entitled to charge the same ; and 
not more than ^ht thousand six hundred dollars for the freight 
aforesaid, and detention of the ship, and for an iron railing 
around the statue, including the sum of fifteen hundred dollaw 
assumed to be paid by the said Greenough in addition to the 
original xontract as made by Commodore Hull; and the sum 
of fifteen thousand one hundred dollars, or as much thereof as 
may be necessary, is hereby appropriated for the purposes afore« 
said. 
irfaunofVSSl ^ 2. B6 « Jurthw tnocted, That Ihe sum of five tbou- 
Cguiettatue. sand dollars, or as much thereof as may be necessary, is hereby 
appropriated, for the purpose of removing the said statue from 
the navy yard at Washington, and for erecting the same in such 
part of the Rotunda of the Capitol, as may be deemed best adap« 
ted for the same by the Secretary of the Navy; in accordance 
with the joint resolution of Congress of the twenty-seventh of 
May, eighteen hundred and forty, any thing designating the par- 
ticular spot contained in the act of fourteenth Jiily, eighteen 
hundred and thirty-two, to the contrary notwithstanding. 

Approved, September 9th, 1841. 

CHAP. 19. An act authorizing the transmission of letters and packets to 
and from Mrs. Harrison, free of postage. 

''•^JlJJf^^'" ^ I. Be it enacted, fyc, That all letters and packets carried 
by post to and from Mrs. Harrison, relict of the late yV^illiam 
Henry Harrison, be conveyed free of postage during her natural 

life. Approved^ September 9th, 1841. 

..^ __* . -, 

CHAP. 23. An act to provide for repairing the Potomac Bridge. 

$1.^,806 appro- ^ 1. ffe U etiocted fyc, That the sum of fifteen thousand eight 
totiMMms beri° hundred and six dollars be, and the same is hereby, appropriat- 
SSr'»nJ''**inM-ed, in addition to the sums heretofore appropriated and unexpend- 
p^^^' ed, for tbe repair of the Poioosac bridge in the District «pf Go- 



Digitized by CjOOQIC 



i 



1841 Chap. 23—24. 8851 

lamhia, to be puidHxii of any mooey in the Treasary not other- 
wise appropriated. 

^ 2. And be U further eMcted, That the said sums shall be Tobeexpendea 
eipended under the direction of the Secretary of War, in the SonVuie s^e^rT 
following manner, to wit: He shall designate some competent how/^ ^"' 
ofllber of the Engineer corps to draw plans and make specifica- 
tions of the work to be performed, and estimates of the cost or 
Talue thereof, which shall not exceed the sum of forty-five thou-^ 
sand eight hundred and six dollars ; the ofliicer thus selected, 
shall kjr his plans, specifications, and estimates before the Secre* 
tary of War for his appproval, and the said Secretary shall there-* 
upon cause the workjto be constructed upon t^e plan most ap* 
proved by him, undeir the immediate superintendence of some 
pompetent officer of either Engineer corps, who rfiall make all 
necessary contraets for materials and labor, and cause the work 
to be constructed in the best and most substantial manner whhin 
the estimates and according to the plan approved by the Secre* 
tary of War, and under the orders and general 4irection of said 
Secretary, who will, from time to time, cause such advances of 
the amounts for this object appropriated as he may deem neces- 
sary and proper. 

4 3. And be U further enacted. That the timbers, or such ^' »;"»1|;'»« •f 
ot them as the superintendmg engineer may- think nt, shall be tb«^»^' . . 
mioeFalized, and a sum not exceeding three and a half cents per therefor. 
cabic foot is hereby appropriated, out of any money io4lie Treas- 
ary not otherwise appropriated, to defray the expense and cost 
thereof, the proper amount to be paid on the requisition of the 
Secretary of War, founded on the estimate of the auperintend' 
ent. Approved , September 1 HA, 1841. 

CHAP. 24. — An act relating to duties and drawbacks. 
^ 1. Be it enacted, ^c, That on all articles imported into the g^After^h«»ih 
U. States from and after the thirtieth day of September, ]841,frte?nicii». mid 
there shall be laid,collected,and paid on all articles which are nowlen^iJAiTso^Vr 
admitted free of duty, or which are chargeable with a doty of less ^H;;',; ^'/"JS'""^; 
than twenty per centum ad valorem, a duty of twenty per cent. ^J^p^*^^i?^'JJ: 
ad valorem, except on the following enumerated articles, that istwfj" jj^hich t^r 
to say : muriatic acid, sulphuric acid or oil of vitriol, alum, tar- 
taric acid, aquafortis, blue vitriol, calomel, carbonate of soda, 
corrosive sublimate^ conbs, copperas, indigo, nitrate of lead, red 
and white lead, dry or ground in oil, sugar of lead, manganese, 
sulphate of magnesia, bichromate of potash, chromate of potash, . 
pmssiate of potash, glauber salts, rochelle salts, sulphate of quin- 
ine, refined saltpetre, which shall pay respectively the same rates 
of duty imposed on them under existing laws ; and the following exempt? ^La 
articles shall be exempt from duty, to wit : tea and coffe, all paint- **"'y' 
ingand statuary, the production of American artists residing ^^^.^^^^^^^^ 
Bl)road; all articles imported for the use of the United States, •mpt from duty lo 
and the following articles, when specifically imported by order, ***'^'" ®"~' 
for the use of any society incorporated or established for philo- 
sophical or literary purposes, or for the encouragement of the fine 
arts, or by order and for the use of any college, academy, school 

Digitized by CjOOQLC 



2852 1841— Chap. 24. 

or seminary of learning, in the United States, to wit : philo9oph* 
ical apparatus, instruments, books, maps, charts, statues, busts of 
marble, bronze, alabaster, or plaster of Paris casts, paintings, 
drawings, engravings, specimens of sculpture, cabinets of coins, 
gems, medals, and all other collections of antiquities, statuary, 
modelling, painting, drawing, etching, or engraving ; and, also, 
all importations of specimens in natural history, mineralogy, bot- 
any, and anatomical preparations, models of machinery, and the 
models of other inventions, plants and trees, wearing appparel, 
and other personal baggage in actual use, and the implements or 
tools of trade of persons arriving in the United States ; crude 
antimony, regulu^ of antimony, animals im|fprted for breed, argot, 
gum arabic, aloes, ambergris, bole armenian, arrow root annotto, 
aoniseed, oil of anniseed, amber, assafoeiida, ava root, aicornoque, 
alba canella, bark of cork tree unmanufactured, burr stones un- 
wrojuglit, brass in^pigs or bars, old brass, only fit to be remanufac*- 
tured, brimstone or sulphur, barrilla, brazilletto, boracic acid, Bur^ 
gundy pitch, beiries used for dyeing, smaltz, lasting or grunella, 
used in the manufacture of buttons and shoes, vanilla beans, bal' 
sam tolu, gold and silver coins and bullion, clay unwrought, cop-* 
per imported in any shape for the use of the mint, copper in pigs, 
bars, or plates, or plates or sheets, of which copper is the mate- 
rial of chief value, .suited to the sheathing of ships, old copper, 
fit only to be re-man u fact u red, lapis calaminaris, cochinealjCham- 
omiJi flowers, coriander seed, catsup, caniharides, caslanas,chalk, 
cocmtls indicus, Colombo root, cummin seed, cascarilla, cream of 
tarfar, vegetables, and nuts of all kinds used principally in dye- 
in«: and composing dyes, lac-dye, emery, epaulets and wings of 
gold or silver, furs undressed of all kinds, flaxseed or linseed, flax 
unmanufactured, fustic, flints, ground flint grindstones, gamboge, 
raw hides, hemlock, henbane, horn plates for lanterns, ox and 
other horns, Harlem oil, hartshorn, hair- unmanufactured, hair 
pencils, ipecacuanha, ivory unmanufactured, iris root, juniper 
berries., oil of juniper, kelp, kermes, madder, madder root, musk, 
manna, marrow and other soap stocks, aiid soap st«fls, palm oil, 
mohair, mother of pearl, needles, nux vomica, orris root, oil of 
almonds, opium, palm leaf, platina, Peruvian bark, old pewter fit 
only to be remanufactured, plaster of Paris, quicksilver, rags of 
any kind of cloth, India rubber, reeds unmanufactured, rhubarb, 
rotten stone, elephants and other animals teeth^ polishing stones, 
bristles, ratans unmanufactured, raw and undressed skins, spelter, 
crude saltpetre, gum Senegal, saffron, shellac, soda ash, sponges, 
sago, sarsaparilla, senna, sumac, tapioca, tamarinds, crude tartar, 
teutenegue, tin foil, tin in pigs, bars, plates, or sheets, tips of bone 
or horn, tortoise shell, turmeric, weld, woad or pastel, Brazil 
wood, Nicaragua wood, red wood, cam wood, log wood, dye 
woods of all kinds, unmanufactured woods of any kind, except 
rose wood, satin wood, and mahogany, whale and other fish oils 
of American fisheries, and all other articles the produce of said 
fisheries, and zinc; and, also, wool unmanufactured, the value 



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1S41 Chap. 24. 2863 

whereof at the place of exportation shall not exceed eight cents 
per pound ; Providedy That if any fine wool be niixcd wiih dirt ^/;J;•;;»J;•J•^«^^^ 
-or othet material, and thus be reduced in value to eight cents per«<* with dirt, *©. 
pound or under, the appraisers shall appraise said wool at such 
price as in their opinion it would have cost had it not been so 
«Dixed, and a duty thereon shall be charged in conformity with 
such appraisal : And provided furthcry That when wool of dif- to w^i^rdjat? 
•Terent qualities is imported in the same bale, bag or package, •n^'^^'ijj"^^ in 
and any part thereof is worth more than eight cents a pound, val- 
ued as aforesaid, that part shall pay a duty of twenty per centum ProriM; what 
ad valorem: Providedy That boards, planks, staves, scantling, ^f.H.fiJJi^"^ 
sawed limber, and all. other descriptions of wood whirh slmH***^- 
have been wrought into shapes that fit them respectively for any 
•specific and permanent use, without further manufacture, shall be 
deemed and taken as manufactured wood. 

^ 2. And be it further enacted, That there shall be levied, eoumawiTirS' 
'Collected, and paid on each and every non-enumerated article *'^*"- 
which bears a similitude either in material, quality, texture, or the 
4ise lo which it may be applied, to any enumerated article charge- 
able with duty, the same rate of duty whicli is levied and charg- 
ed on the enumerated article which it most rescuibles in any of 
the particulars before mentioned ; and if any non-enumerated ar-» 
tide equally resembles two or more enumerated articles on which 
different rales of duty are now chargeable, there shall be levied, 
collected, and paid <m such non-enumerated articie the same rate 
of duly as h chargeable on the ariicle which it resembles paying ^^ ^^ ^^^ 
the highest duty; and on all articles manufactured from two or <iPBR»nufaeturM 
more materials, the duty shall be assessed at llie highest rates at miu>riri«.**' " 
which any of its component parts may be chargeable: Pi'ovided, 
That, if in virtue of this section, any duty exceeding the rate of ^J^^J'JjjJJJJ^'JJj^ 
Awenly per centum ad valorem, shall be levied prior lo the t hi r- «<"'»»• proc««di«t 
lieth of June, eighteen hundred and lorty-lwo, the same shall not 
•n any wise affect the disposition of the proceeds of the public 
lands as provided for by an act passed at the present session of Provito; duty 
Congress: And provided, further, That no duly higher than J°jJf;;|,"Jj5j\*JJ^ 
twenty per centum ad valorem in virtue of the said section, shall «»«* so per cent. 
I»e Jevied and paid on any unmanufactured article. 

^ 3. And be it further enacted , That from and after the pes- cenSJlliySaSd 
sage of this act, the drawbacks payable on exported refined a u-Il!"oJ^.** "***'*** 
gars, manufactured Irom foreign sugars, and on exported rum, dis- 
tilled from foreign molasses, shall be reduced in proportion to the 
reduction which shall have been made by law, (after tlie passage 
of the acts of Congress of the twenty-first of January, eighteen 
iiandred and twenty-nine, and twenty-ninth of May, eighteen 
hundred «n4i thirty, allowing said drawbacks) in the duties on the 
imported sugars and molasses, out of which the same shafi have 
been manttfactured or distilled, and in no case shall the drawback 
exceed the amount of import duty paid on either of those ar- 
ticles. 

^ 4. And be it further enacUd, That prior totbesecaid day .^i^i^pHc^'STid 
of February next, the wines of France shall not be subjected, r«»»ru«ry nwi. 

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2854 1841 Chap. 24—26. 

under the provisions of this act or any existing law, to the pay- 
ment of higher rates of duty than the following, namely, on red 
wines in casks six cents a gallon ; white wines in casks ten cents 
Proyito; dutj d gallon, and French wines of all sorts in bottles, twenty-twe 
AMufa.^"** *^ cents per gallon : Prorirf6<f,-That no higher duty shair be charg- 
ed under this act, or any existing la)v, on the red wines of Aus- 
tria, than are now, or may be, by this act levied upon the red 
wines of Spain, when the said wines are imported in casks. 
<^ 5. And be U further enacted, That the act entitled <'An 
x8M\Jiat!vi"w^^^ to release from duty, iron, prepared for, and actually laid on 
'*''dj? «">"«"- railways or inclined planes," approved fourteenth July, eighteen 
i^ofao'^rconiL hundred and thirty-two, be, and the sama is hereby, repealed, 
iwdoa •aidiron.^j^j there shall be hird, coUected, and paid, on such iron hereaf- 
ter imported, a duty of twenty per cer^tum ad vafdrem : Provided, 
iQf M7uu^iraf^ That such repeat shall not operate, nor shall such duties be iro-» 
posed on any railroad iron, which shall be imported under the 
proviflions of the said act prior to the third day of March, eight-> 
een hundred and forty-three, and laid domn on any railroad o^ 
inclined planes of which the construction has been already com* 
pienced, and which shall be necessary to complete the same. 
Thuactnotifli ^ ^' And be it further enacted. That nothing in this act 
apply to goods contained, shall apply to goods shipped in a vessel bound to anv 

fliipped ID certain i. i tt • i ^tm' hi. « i* • i ^i ■ 

reaaeto. port of the United states, actually having left her last port of la- 

ding eastward of the Cape of Good Hope, or beyond Cape Horn, 
prior to the first day of August, eighteen hundred and forty- 
one. 
Lawi and ptfrti ^ 7. And be it further enacted. That all taws or parts of 

entwith ihia act, laws inconsisteot With thia act are hereby repealed. 

''^ • ^ Approved, September Uth, 1841, . 

CHAP. 25. — An act to repeal a part of the sixth section of the act, enti- 
Act of 1838 ^^®^ " ^^ ^^^ '° provide for the support of the Military Academy of the 
C.179, ante p.a694 United States, for the year eighteen hundred and* thirty-eight, and for 
other pqrposes;" passed July seventh, eighteen hundred and thirty- 
eight. 

That part thereof ^ '* ^^ ^^ etiocted, fyc. That so much of the sixth section of 
volrtrt«ni**Jl^*ih' ^"^ ^^^ entitled " An act to provide for the support of the Millta- 
interest on thi ry Academy of the United States for the year eighteen hundred 
qiwu »po?i«d^*'' and thirty-eight, and for other purposes," as requires the Secre- 
tary of the Treasury to invest the annual interest accruing on the 
investment of the money arising from the bequest of the late 
James Smithson, of London, iii the stocks of States, be, and the 
Said inierett to samo is hereby repealed. And the Secretary of the Treasarj 
sutea'^tMk!" ^* shall, until Congress shall appropriate said accruing interest to the 
purposes prescribed by th^ testator for the increase and difiusion 
of knowledge among men, invest said accruing interest in %ny 
stock of the United Slates bearing a rate of interest not less than 
^ve per centum per annum. 
ptin.u iHii In ^ ^* ^nd be it further enacted, That all other funds held in 
iroHt by u .iti,d trust by the United Statea^nd the annual interest agcruing there* 



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1841 CuAP. 26— Resolution*, 1—2. 28oS 

eo, when not otherwise required by treaty, shall in like manner ?****«r*"l^«"- 
be invested in stocks of the United States, bearinir a hke rate of *i»<i in unUeA 
interest. *^*~'^'- 

§ 3. And be U further enacts. That the three clerks, an- cierkt authoiw 
thoriied by the act of June twenty-third, eighteen hundred and i^,*»y,^*»i,23d 
thirty-six, " to regulate the deposits of the public money," be, and »»»»»««». ^c. 
hereby are, directed to be retained and employed in the Treasu- 
ry Department, as provided in said act, until the state of the pub- iisj rou!M4»; 
lie business becomes such that their services can conveniently be 
dispensed with. Approved September llth, 1841. 

RESOLUTIONS. 

XNd. 1] A re&oiution manifeBting the sensibility of Congress upon tli6 
event of the death of William Henry Harrison, late President of the 
United States. 

The melancholy event of the death of WiUiam Henry Harri- Preamble. 
son, the late President of the United States, having occurred du- 
ring the recess of Congress and the two Houses sharing in the 
general grief and desiring to manifest their sensibility upon *the 
occasion of that public bereavement, therefore 

Resolved by the Senate and House of Representatives of the prertding o/ii- 
United States of America in Congress assembled^ That the JhroudS'""° *** 
chairs of the President of the Senate and of the Speaker of the ^^^• 
House of Representatives be shrouded fh black during tbe resi- 
due of the session; and that the President pro tempore of theof^oSSing*^ 
Senate, the Speaker of the House of Represenmtives, nnd the^"^ 
members and officers of both Houses, wear the usual badge of 
mourning for thirty days. 

Resolved, That the President of the United States be request- pre«dont Unit. 
ed to transmit a copy of these resolutions to Mrs. Harrison andf\.^*'\iJ^^f°2 
to assure her of the profound respect of the two Houses of Con- ^"^ u^nZ 
gress for her person and character, and of their sincere condo- 
lence on the late afflicting dispensation of Providence, f Approv- 
ed, June 14/A, 1841. 



[No. 2.] A resolution relating to the light-boa^s now stationed at San- 
dy Hook and Bsu^tlett's reed 

Resolved, if c. That the Secretary of the Treasuj-y be, and he secretary of tha 
is hereby authorized, if upon full inquiry he deem it expedient, SSSeTbeir"^^ 
to cause the light-boat now stationed at Sandy Hook to be re- ioqar^lf he" eem 
moved, and to be placed near Bartlett^s reef, in. Long Island " "^**^""' 
Sound ; and whenever the same shall be so removed and placed 
to cause the light-boat noW at Bartlett's reef to be removed, and 

(ilaced, if he deem it expedient, near Execution Rocks, in Long 
sland Sound, with a bell only for the latter vessel, to be so fixed 
as to be rung by the motion of the sea. Approved^ August i5th 
1841. ' 

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2856 1841 Resolutions, 5 — 6. 

[No. 5.") A resolution in relation to the purchase ol domestic' vrater-rof' 
ted hemp for the use of the United States Navy. 

«itic^i?rou ^ 1. Resolvedy fyc. That the Secretary of the Navy be, and he 

MvJSi&^iei**' hereby is, directed to purchase domestic water-rotted hemp for the 

use of the United States Navy, so far as the same shall be found 

of suitable quality, and can be used beneficially to the service, 

having regard to the cost, strength, and durabilixy of the article} 

and for that purpose shall cause purchases of such hemp to be 

made in the different hemp-growing regions of the Union. 

tol?,l!iJSTnfo^^^ ^ 2. And be it further resolved, That this joint resolution 

for/jearfc shallbo and remain in force for the period of seven years from 

the passing thereof. Approved,' September llth, 184K 

fNo.] 6. Joint resolution making it the duty of the Attorney General ta 
examine into the titles of the lands or sites for the purpose of erecting 
thereon armories and other public works and buildings, and for other 
purposes. 

•rfitomSa^fhe ^- R^^olved, ^c, That it shall be the duty of the Attorney 
jj»jjj^Jj^nMd General of the United States to examine into the titles of all the 
■idral lands or sites which have been purchased by the United States, 

for the purpose of erecting thereon armories, arsenals, forts, for* 
tifications, navy yards, custom houses, light-houses, or other pub- 
lic buildings of any kind whatever, and report his opinion as to 
the validity of the tille^in each case, to the President of the Uni- 
ted States. 
k/ibmSSS* to ^* ^^^^'^^^» That it shall be the duty of all the officers of 
owAuonwyGen-the United States having any of the title-papers to the property 
aforesaid in their possession, to furnish ihem forthwith to the At* 
torney General, to aid him in the investigation aforesaid. 
Fttbiic moninr 3. Resolved, That no public money shall be expended upon 
IS^i^Mi/altfl^orany site or land hereafter to be purchased by the United Stateff 
|S5iiu^^''5£iiJ for the purposes aforesaid, until" the written opinion of the At- 
^ torney General shall be had in favor of the validity of the title, 

and also the consent of the Legislature of the State in which tlie 
land or site may be shall be given to said purchaser, 
w'^^ft^uh 4. Resolved, That it shall be the duty of the District Attor- 
■Mittanca. Qeys of the United States, upon the application of the attorney 
General, to furnish any assistance or information in their power 
in relation to the titles of the public property aforesaid lying 
within their respective districts. 
flSw^t^^^ 5. Resolved, That it shall be the duty of the Secretaries of 
i^p«J»wts^^to the Executive Departnients, upon the application of the Attor- 
^*™^evi<toiii°iney General, to procure any additional evidence of title which he 
^' may deem necessary, and which may not be in the possession of 

the officers of Government ; the expense of procuring which to 
be paid out of the appropriations made for the contingencies of 
the Department respectively. 
tbeESJ^lrlDS* ^- R^olved, That it shall be the duty of the Secretaries of the 
^f^~the'^S'a?e ^^^^"^^ ^^P^''^'^^"^^' respectively, under whose direction any 
Lgituturea for lands for the purposos aforesaid may have been purcbaeed and 

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1841 Resolution, 6. 2857 

oyer which the United States do not possess jurisdiction, to op-iSidSSS^TAST*' 
ply to the Legislatures of the Slates in which the lands are situ- 
ated, for a cession of jurisdiction, and in cose of refusal to re- ^ 
port the same to Congress at the commencement of the next ses- 
sion thereafter. Approved, September \Uh, 184L 



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1842. ACTS OF THE TWENTY-SEVENTH CONGRESS 

or 
THE UNITED STATES ; 

Passed at the Second Session, which was beg^n and held at the 
City of Washington^ in the District of Columbia, on Mon- 
day, the sixth day of December, one thousand eight hun- 
dred and forty-one 

John Tyler, President. Samuel L. Southard, President of 
the Senate, protenr\pore. John White, Speaker of the 
Bouse of Representatives. 



CHAP. 27. An act to authorize an issue of Treasury notes. 

^ 1 . Be it enacted by the Senate and House of Represeni€t* 

tives of the United States of America in Congress assembled, 

An •miMton '^rThat the President of the United States is hereby authorized to 

tfi)ooo,o(Mritl!?y cause Treasury notes to be issued for such sum or sums as the 

Sfng^authSISdl^^'S^^c'®^ of ^^^ Government may require, and in place of such 

of the same as may be redeemed to cause others to be issued, 

but not exceeding the sum of five millions of dollars of this emis- 

To ba israadsion out Standing at any one time, and to be issued under the 

kTnVif th6**St*S^''"™'^^*"0"s and other provisions contained in the act entitled " An 

JS5 October, act to authorizc the issue of Treasury notes," approved the twelfth 

]oo7, axcept that g, ^^ ■ * a*iii«ii* 

the authority to of October, onc thousand eight hundred and thirty-seven, except 
afthVend of oDe that the authority hereby given to issue Treasury notes shall 
^Tctof 1837, c. expire at the end of one year from the passage of this act. 
9, ante p, 2837. Approvcd, JanuoTy 3 1 s/, 1 842. 

CHAP. 30. An act to provide for the early disposition of the lands 
lying in the State of Alabama, acquired from the Cherokee Indians 
by the treaty of twenty-ninth of December, eighteen hundred and thirty- 
five. 

^ \. Beit enacted, ^c, That all that part of the territory ac- 
be^dded*to%hSquired from^the Cherokee Indians by the treaty of New Echota 
cJSS dSrict"** of twenty-ninth December, eighteen hundred and thirty-five, 
within the State of Alabama, which lies west of the line divid- 
in&: ranges two and three east of the basis meridian of Hunts* . 
ville, shall be added to and form a part of said district ; and all 
the territory acquired by the said treaty within the said State 
not attached to the Huntsville district, as above described, shall 
be annexed to and form a part of the Coosa land district in said 
State. 



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1842 Chap. 30—33. 2869 

^ 2. And be it Jurther enacted, That the land office for the ^h^^J^JJrS 
Coosa land district, at present located at Mardisville, shall be re- *<>*>• removed. 
moved to Lebai^n in the county of De Kalb. Approved, March 
4th, 1842. 

CHAP. 31. An 'act to authorize the Judge of the District Court for 
the eastern District of Pennsylvania, to hold a special session of the said 
court. 

^1. Be it enacted, ^c. That the Judge of the District .J^J^iJjJjl*"^ 
Court for the Eastern District of Pennsylvania be, and he is 
hereby, authorized to hold a special session of tiie said court at a 
time to be by him designated, in lieu of the regular session which 
was appointed by law to be begun and held on the third Monday 
of February, one thousand eight hundred and forly-two, buiwas 
prevented by a vacancy in the office of district judge ; and the y^^^. 
marshal, clerk, and all other officers of the said court are hereby ment* to 
enjoined and required to make all needful arrangements for car-*" 
rying into effect the provisions of this act. Approved, March 
19/A, 1842. 



CHAP. 32. An act supplementary to an act entitled An act to amend the j^^ cnwi 
act approved May thirteenth, one thousand eight hundred, entitled An^>>Bte p. S2894. 
act to amend an act entitled an act to establish the judicial courts of the 
United States. 

_ , _ - _-, 1.1 /. I ^ • »▼ Appointment of 

^ \. Beit enacted, SfC, i hat the judges of the courts of the U. co»n'n>««Jonerg to 
Stales in the State of Pennsylvania be, and they hereby are, au-wrvew^jSrorlJ 
thorized to appoint, when they deem 4l necessary, one or more *'*'^****'^"®^' 
commissioners, in the different crties and counties, or apy of them 
of the districts in which their courts are held, who shall have 
power, by virtue of such appointment, to select from the taxable 
(Htizens residing within the limits of the said counties and cities, 
a number (to be designated from time to time by the said judg- 
es) of sober, judicious, and intelligent persons, to serve as jurors,g,gct?riS'^£^ 
in the said courts ; and the commissioners so appointed shall re-J|{™«^^j^'o "•• 
turn the names by them selected to the marshal of the proper 
district ; whereupon, the said courts shall, by due appointments, Further detig- 
rules and regulations, conform the further designation and thejUriei"' 
empannelling of juries in substance to the laws and usages which 
may be in force in such Slate. Approved, March 19/A, 
1842. 

CHAP. 33. An act to authorize the Governors of the States of Illinois ,„Act of isji, c 
Arkansas and Missouri to cause to be selected the lands therem men- 
tioned. 

^ !• Beit enacted, if€. That so much of the eight section ofac?4lbS6%*Ii84f; 
the act entitled " An act to appropriate the proceeds of the sales Jj/^Jj'^^lJjfJJ 
of the public lands, and to grant pre-emptions, approved Scp-ianda '**^^^ 
tember fourth, eighteen hundred and forty-one, as provides llialSed!**'** *" 
the selections of the grants of land made to the several States, 
therein mentioneci^ for the purposes of internal improvement, 
shall be made, respectively, in such manner as the Legislatures 



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12860 1842 Chap. 33—47. 

thereof shdl direct, is so far modified as to authoriia the Qov* 
ernors of the States of Illinois, Arkansas and Missouri to cause 
the selections to be made for those Slates- witl^t the necessity 
of convening the Legislatures thereof for that purpose. Approo^ 
ed, March \9lh, 1842. 

CHAP. 45. An act to amend the several acts establishing a district 
court of the United States at Jackson, in the District of West Tennea- 
see. 

District court ^ I. BbU etiacted, SfC, That the district court of the United 
ScheYtolhe siS Slates at Jackson, in the District of West Tennesse, shall in fu- 
judiciai circuit, ju^g^ be attached to, and form a part of the eighth judicial circuit 

Its powers and of the United States, with all the powers and jurisdiction of the 
jurisdiction. ^^jrcuit court held at Nashville, in the middle district of Tennes- 

Associote jus- see. And it shall be the duty of the associate justice of the Su- 

^rt*jr^3'5',! preme Court of the Untted Stales assigned to hold the court for 

cttii, to bold fall (he eight circuit to attend the fall term of said court at Jackson, 

and hold the same ; and when he does so, then he may dispense 

Whim be holds ^ith his attendance at the fall term of the court at Knoxville, in 
J^*'J™^®**5;the district of East Tennessee; or when said juge holds *the fall 
Knoxviiie, he lerm at Knoxville, then he may dispense with holding the corres- 
afthe^iber. ponding fall term at Jackson. And said circuit judge may elect 
•le^'whklTc^iwt which court he will hold, at discretion, in the exercise of which 
*p^viw°i»ma ^^ ®''**" ^® governed by the nature and importance of the busi- 
attond'^at any uoss : Pfovidedy Said circuit judge may attend at Knoxville and 
jimj^duriug thej^^,^^^ ^^ ^^^ ^j ^^^j^ jj^,, ^^^^ . ^^^ provided olso, That in 

•encrof'dreuu^'^® absencc of said circuit judge at any terra of either of said 

judit shau^lSid^^"'^^^' ^^® district judgc shall hold the same, and may exercise 

court. all the powers and jurisdiction conferred on the circuit court when 

held by the circuit judge. 

Appeals to lie ^ 2. And be it further enacted, That appeals shall lie from 

to**th!r ISrcuS^he district court at Jackaon, to the circuit court, in the same 

court. manner that they lie from ihe district to the circuit court at Nash- 

irille* 

Timesofboid- ^ ^' And be it further enacted, That the fall terms of the 

log fall tecnuot district and circuit courts at Jackson, shall in future be held on 

cuit'^^coSlrts ^nithe second Monday of October in each year; that the fall terms 

«id^**" aSd'^^St of ^be district and circuit courts of Kentucky be in future held 

Knoxvuie. qo t^g xWitd Monday of November in each year ; and that the 

fall terms of the circuit and district courts at Knoxville, be held 

on the first Monday of November, in each year. Appraned^ 

April Uth, 1842. 

CHAP. 47. An act authorizin£f the eouBtruetioB of a war-steamer for 

harbor defence. 

Nlv^SuIonwd ^^- ^^ ** enacted, ^c, That the Secretary of the Nav/*be, 

R.Ll's^venrfor**'* ^® '^ hereby authorized to enter into contract with Robert 

• warmmir. '^Lu Stevcns for the construction of a war-steamer, shot and sbeU 

proof, to be built principally of iron, upon the pUa of the 



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r 



1842 Chap. 47—61. . 28B1 

Stevens: Pftwicierf, The whole cost, including the hull, arma-^J^Sd^Sa'JSJi! 
raent, engines, boilers, and equipment in all respects complete ^or^^ ^t ^ 
service shall not Exceed the average cost of the steamers Missouri MMniMiippi. 
Had Mississippi. 

§ 2. And be it further enacted^ That the sum of two hundred 
and fifty thousand dollars be, and the same is hereby appnopria- 
ted, out of any money in the Treasury not otherwise appropria- 
ted, towards carrying this law into effect. Approved, April 14M, 
1842. 

CHAP. 48. An act to establish certain post roads. 

^ 1. Be if enacted, SfC.y That the following be established „2J5S25'^ 
as post roads: From Rome, in Georgia, to Commerce in the »*««a*^- 
Stale of Mississippi, and also to Memphis in the State of Ten<- 
nessee, namely, from Rome, through Warrenton, Decatur and 
Tuscumbia, in Alabama, and Jacinto, in Mississippi, to Ripley, in 
said State, as a common point, and from said point through Hol- 
ly Springs and Hernando, to Commerce, and from kipley through 
La Grange, in Tennessee, to Memphis, in said State. Approved, 
April lAth, 1842- 

OUAP. 49v An act to provide for the allowance of invalid pensions to 
certain Cherokee warriors, under the provisions of the fourteenth article 
of the treaty of eighteen hundred and thirty-fivek 

^ I. Be it enacted, fyc, That the Secretary of War be, andkeS'*!Si;iiSS'^ 
he hereby is, required to place on the pension roll such warriors Jf^JJJ'^iSJilSi 
of the Cherokee Nation, as were engaged on the side of the»i« JJJaieS^S 
United States in the late war with Great Britain and the South- the regular atrmyi 
ern Indians, and who were wounded in such service, at the same 
rates of pension as are allowed by law to the officers and soldiers 
of the regular army of the United States, under such rules and 
regulations as to the proof of disability as the Secretary of War 
shall prescribe : which pensions shall commence from the period 
of disibality. Approved, April 14^&, 1842. 

CHAP. 51. An act for the extension of the loan of eighteen hundred and 
forty-one, and for the addition of five million of dollars thereto ; and for 3, ante% aeae.*" 
allowing interest on Treasury notes due. 

^ 1. Be i^{ enacted, 8^e., That the time limited by the first Time for ob- 
section of the act of Congress, entitled " An act authorizing a!!l!^a<fed/ ^ 
loan BOt exceeding the 0um of twelve millions of dollars," ap- 
proved July twenty-first, eighteen hundred and forty-one, for ob-* 
taining said loan, shall be, apd the same is hereby, extended for 
one year from, the passage of <tbjs act. 

^ e. And be it. further enacted. That so much of said loan town reimW- 
as may be obtained afler the passage of this act shall be made re-"^^**^'^^'^' 
iiabursable, as «ball be agreed upon and determined at the time 
of issuing said stock, eitber at the will of the Secretary of the . 
Treasury, after six poiuhs' notice, or at any time not exceeding 
twenty years from the first day of January next. 
30 

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2862 1842 Chap. 61. 

Formorc«ruA. ^ 3. ^^j (^ U/urthef tnocted^ That the oertificatefl berea^ 
after to be issued for said loan may, when required, be in such 
form as shall be prescribed by the Secretary oC the Treasury so 
stock, bow that the stock «iay be transferable by delivery of the certificate, 
tnniiepbie. instead of being assignable on the books of the Treasury. 
stocktobt^di.- ^ 4. ^nrf he it further enacted^ That the Secretary of the 
^ ' ^^' Treasury be, and he hereby is, authorized to dispose of the stock 
hereafter to be issued, or any part thereof, at its par value, but 
no part thereof shall be disposed of under par until the same has 
been advertised a reasonable time, and proposals for subscription 
to said loan invited. And the said Secretary is hereby author- 
ized to accept such proposals, if he deem it for the interest of 
the United States so to do, as shall offer the highest price for 
said stock or any part thereof; or to appoint an agent or 
agents as provided in the third section of the act approved July 
twenty-first, eighteen hundred and forty-one, before recited, to 
ProTiM. negotiate the same : Provided^ That no stock shall be dispos- 
ed of at a lower rate than the highest price offered in said pro- 
posals. 
Moneys ui*ing ^ 5. Afid be it further enacted. That the moneys arising 
ie?ged fbr pay^ from duties ou goods, wares, and merchandise which may be im- 
St^lind^ti!?'^ ported into the United States, or so much thereof as shall be 
jMnpHon of thegqy^i j^ j|^^ payment, from time to time, of the interest, and to 
the ultimate redemption of the principal of the said stock, be, 
and the same are hereby, pledged for the payment and redemp- 
tion of the stock hereafter to be' issued under and by virtue of 
this act and the said act of July twenty-first, eighteen hundred 
and forty-one, hereby amended ; and so much thereof as may be 
necessary to pay the interest on said stock, and redeem the same 
when due, is hereby appropriated to that object, to be first ap- 
plied by the Secretary of the Treasury to such payments and re- 
demption. 
Report to b« ^6. And be it furttier enacted. That it shall be the duty 
S'dfe'am^ni^f of the Secretary of the Treasury to report to Congress, qi the 
5?"*^ '***'™'^*'' commencement of the next session, the amount of money 
borrowed under this act and the act hereby amended, and of 
whom and upon what terms it shall have been obtained, with an 
abstract or brief statement of all the proposals submitted for 
the same, distinguishing between those accepted and those re- 
jected ; and a detailed statement of the expense of making such 
loans. 
o?2?£SS?aa ^ '^' ^^^ ^^ *^ further enacted, That all the provisions of 
■hall remain in the Said act, not hereby modified or changed, shall be and le- 
***** main in force, and apply to this act. 

^ 8. And he ii further enacted, That the President of the 
o^^MojSo^ United States is hereby authorized to borrow an additional sum, 
tboriMd.' Qot exceeding the sum of five millions of dollars, if, in his opin- 
ion the exigencies of the Government may require the same ; 
which additional loan shall be made within the time and accord- 
ing to the provisions of said act, as modified by this. 



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1842 Chap. 51—54. 2863 

^ 9. And be U further enacted. That all Treasury notes ^^p;^"^^^ 
heretofore issued under the act entitled " An act to authorize ^he jjj> *^^which 
bsuing of Treasury notes," approfed the twelfth day of October t!S?6ar6iwrc«iiu 
eighteen hundred and thirty -seven, and the acts subsequent there- ^^'^^ 
to, and DOW outstanding and unredeemed, or which may hereaf- 
ter be issued under and by virtue of the same, shall, if due Jind 
unpaid before the fifth day of March, eighteen hundred and for- 
ty»two, bear interest at the rate of six per cent, per aoDum from 
that day ; and when they may become due hereafter, or may 
have become due, since the said fifth day of March eighteen hun- 
dred and forty-two, shall bear interest from the day of their so 
becoming due, at the rate of six per cent, per annum, until they 
shall be respectively redeemed: Provided, That such interest ProriM; later- 
shall cease at the expiration of sixty days' notice to be given at^^J^ '^***' 
any time, by the Secretary of the Treasury in one or more of the 
principal papers published at the seat of Government, of a read- 
iness to redeem the same. And the said interest shall be paya- 
ble semi-annually at the Treasury of the United States, on the bie'UalunMi'- 
first days of January and July in every year. Apprdvedy April^^' 
ISthy 1842. 

CHAP. 54. An act making appropriations for the civil and diplomatic ex- 
penses of Ctovemment for the year eighteen hundred and forty-two. 

No. 167. For defraying the expenses of the supreme, circuit, Expend rf^tha 
and district courts of the United States, including the Districts of anS"^^ dbuut 
Columbia; also, for jurors and witnesses, in aid of the funds ^^^^ ^* 
arising from fines, penalties, and forfeitures, incurred in the year 
eighteen hundred and forty-two and preceding years ; and, like- 
wise, for defraying the expenses of suits in which the United 
States are concerned, and of prosecutions for offences commit- 
ted against the United States, and for the safe keeping of pri- 
soners, including expenses under the bankrupt law, and also in- 
cluding thirty thousand dollars arrearages for last year, three hun- 
dred and seventy-five thousand dollars: Provided however^ That trJr^dluoram 
every district attorney, clerk of a district court, clerk of a circuit ^c'?'aSd*Siwit 
court, and marshal of the United States, shall, until otherwise JgJjJ^ JJ*"*^ 
directed by law, upon the first day of January and July in each "mi-aima^ r»- 
year, commencmg with the first day of July next, or withm thirty 
days from and after the days specified; make to the Secretary 
of the Treasury, in such form as he shall prescribe, a return, in 
writing, embracing all the fees and emoluments of their respect- 
ive oflSces, of every name and character, distinguishing the fees 
and emoluments received or payable under the bankrupt act, 
from those received or payable for any other service ; and in the 
case of a marshal, further distinguishing the fees and emoluments 
received or payable for services by himself personally rendered, 
from those received or payable for services rendered by a deputy ; 
and also distinguishing the fees and emoluments so received or 
payable for services rendered by each deputy, by name, and the 
proportion of such fees and emoluments which, by the terms of 



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2864 1842 Chap* 64 

his service, each deputy is to receive ; and also, embracing aTl 
th"^ oecessary office expenses of such officer, together with the 
vouchers for the payment of the same, for the half year ending 
Amount oTfees on the Said first day of January or July, as the case may be ; 
5klwcdto«uli" which return shall be, in all cases, verified by the- oath of the of- 
ficer^making the same. And no district attorney shall be allow- 
ed by the said Secretary of the Treasury, to retain of the fees 
and emoluments of his said office, for his own personal compen- 
sation, over and above his necessary office expenses, the neces- 
sary clerk hire included, to be audited and allowed by the proper 
accounting officers of the Treasury, a sum exceeding six 
thousand dollars per year, and at and after that rate, for such 
time as he shall hold the office ; and no clerk of a district court, 
or clerk of a circuit court, shall be allowed by the said Secretary, 
to retain of the fees and emoluments of his said office, or, in 
case bc^th of the said clerkships shall be held by the same person, 
of the said offices, for his own personal compensation, over and 
above the necessary expenses of his office, and necessary clerk 
hire included, also to be audited and allowed by the proper ac- 
counting officers of the Treasury, a sum exceeding three thous- 
and five hundred dollars per year, for any such district clerk, or 
a sum exceeding twenty-five hundred dollars per year for any 
such circuit clerk, or at and after that rate, for such time as he 
shall hold the office ; and no marshal shall be allowed by the said 
Secretary, to retain of the fees and emoluments of his said office, 
for his own personal compensation, over and above a proper al- 
lowance to his deputies, which shall in no case exceed three- 
fourths of the fees and emoluments received as payable for the 
services rendered by the- deputy to whom the allowance is made, 
and may be reduced below that rate by the said Secretary of the 
Treasury, whenever the return shall show that rate of allowance 
to be unreasonable, and over and above the necessary office ex- 
penses of the said marshal, the necessary clerk hire included, 
also to be audited and allowed by the proper accounting officers 
of the Treasury,^ a sum exceeding six thousand dollars per year, 
or at and after that rate, for such time as he shall hold the office; 
Sorpiiu to beand every such officer, shall, with eacli^such return made by him, 
?Si«ii?rJfcc,****P^y '"^o 'he Treasury of the United States, or deposite to the 
credit of the Treasurer thereof, as he may be directed by the Se- 
cretary of the Treasury, any surplus of the fees and emoluments 
of his office, which his half-yearly return so made as aforesaid 
shall show to exist over and above the compensation and allow- 
ances hereinbefore authorized to be retained and paid by him. 
And in every case where the return of any such officer shall show 
that a surplus may exist, the said Secretary of the Treasury shall 
cause such returns to be carefully examined and the accounts of 
disbursements to be regularly audited by the proper officers of his 
Department,' and an account to be opened. with such officer in 
proper books to be provided for that purpose, and the allowances 
for personal compensation for each calender year shall be made 
from the fees and emoluments of that year, and not otherwise ; 



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1842 Chap. 64. ^ 9866 

And provided further^ That nothing in any existing law of Con-^JJ?f^ .pjJJ 
gress authorizing the payment of a per diem compensation to a ^^J^JS^ 
district attorney, clerk of a district court, or clerk of a circuit ^ 

court, or roarshal;^ or deputy marshal, for attendance upon the 
district or circuit courts during their sittings, shall be so construed 
as to authorize any such payment to any one of those officers for 
attendance upon either of those courts, while sitting for the trans- 
action of business under the bankrupt law merely, or for any 
portion of the time fo^which either of the said courts may be 
held open, or it) session, by the authority conferred in that law ; 
and no such charge, in an account of any such officer, shail be 
certified as payable, or shall be allowed and paid out of the money 
hereinbefore appropriated for defraying the expenses of the courts 
of the United States, unless such district attorney, clerk, ojc 
marshal, shall be required by the judge of said court ot the So^ 
licitor of the Treasury to attend the session of the siame, shall 
actually attend for the performance of the duties of his said of- 
fice. And no per diem or other allowance shall be made to any 
such officer for attendance at rule days, of the circuit or district 
courts,and when the circuit and district courts sit at the same time, 
no greater per diem or other allowance shall be made to any such 
officer than for an attendance on one court : And provided fur- ''°^ i*^ 
ther, That the district attorney, marshal, clerk of the circuit coqrt &(o belSiowed 
and clerk of the district court of the United States for the north- ^ n^^^i^£ 
ern and southern districts of New York, shall not hereafter re- York. 
ceive any greater or other fees and emoluments, including fees 
and emoluments, under the act entitled " An act to establish a 
uniform system of bankruptcy throughout the- United States," 
for services rendered by them, respectively, in the said courts, 
than now are or hereafter may be allowed by the laws of the 
State of New York to attorneys,solicitors, counsel, sheriffs, and 
clerks, in the highest courts of law or equity, of original jurisdic- 
tion, of the State of New York, according to the nature of the 
proceedings, for like services rendered therein : Provided, That i*««jj»^ "J 
no part of the fund hereby appropriated, shall be applied unless S^by appropri. 
in addition to the certificates now required by law, the clerk of ^^^i^^ 
the said court shall certify in his official capacity, that the servi- 
ces have been rendered, andthe supplies furnished for, and used 
by the court,and that the charges therefor were legal and proper. 
No. S02. For compensation of postmasters, nine hundred and 



fifteen thousand dollars : Provided, however, That in addition to ''pS2?iS!*i!l5ii» 
returns now required to be rendered by postmasters, it shall ^^^^'^! 
the duty of Postmasters at New York, Bo8ton,Philadelphia, Bal- ?»ittj.ejj«^i- 
timore, and New Orleans, and the othenseveral cities of the Uh-&o. 
ion, each and every year hereafter, to render a quarter-yeariy ac- 
count to the Postmaster General, under oath, in such form as the 
fetter shall prescribe, for the purpose of giving full effect to thip 
proviso, of all emoluments or sums by them'^respectively received 
for boxes, or pigeon holes, or other receptacles for letters or j^j* 
pers, and by them charged for to individuals; or for the deliveij^ 



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2866 1842 Chap. 64—66. 

of letters or papers at or from any place in either of said cities, 

other than the actual post office of such city ; and of all emolu* 

mentSy receipts and profits, that have come to their hands by rea- 

'^^t!d*n!oo(Pa ®^" ^^ keeping branch post offices in either of said cities ; and if, 

^r. tiM axooMfrqm such accounting, it shall appear that the nett amount receiv- 

tb» 'Po£lniiwed by either of the postmasters at either of such cities, for such 

S!?o?tl«Dqivi^ boxes, and pigeon holes, and other receptacles for letters and pa- 

■^^ pers, and for delivering letters or papers at or from any place in 

either of said cities, other than said post office, and by reason of 

keeping a branch post office in either of said cities, shall, in the 

aggregate, exceed the sum of three thousand dollars in any one 

year, such excess shall be paid to the Postmaster General, for the 

to'^^eShlinMra ^^^ ^^^ purposes of the Post Office Department *, and no poal- 

t iJjl^JSiSja" master shall, hereafter, under any pretence whatsoever, have, or 

receive, or retain for himself, in the aggregate, more than fire 

thousand dollars per year, including salary, commissions, boxes, 

and all other fees, perquisites and emoluments, of any name. or 

character whatsoever, and for any service whatsoever. 

Approved, May 18/Jl, 1842. 

CHAP. 55. — An act changing the time of holding the circuit and district 
courts of the United States for the districts of East and West Tennes- 
' see. 

'^"'•taBMt ^ !• Se U enacted, fyc, That the circuit and district courts 
of the United States for the District of East Tennessee, shall 
hereafter be held at Knoxville in said district, on the first Mon- 
days in November and May, in each and every year, instead of 
the times heretofore fixed by law ; and that the circuit and dis- 
trict courts for the district of West Tennessee shall hereafter be 
tafnMmrttfii'^^'^ at Jacksou, in said district, on the second Mondays in Octo- 
w«ttTeonMM«. her and April, in each and every year instead of the times here- 
ti« mcLiT'ooart ^ofore fixed by law — the spring terms of said circuit court at 
SLuiJtj^n-^* Knoxville and Jackson, as herein provided, to be held by the dis- 
Tb« jodganay tijjct judgc ; and should any difficult question of law arise in any 
adjottm a ~«««0auge, Said judge may, at his discretion, adjourn said cause to the 
twMtb&, te.'Tt^^^^^^^^'^S* ^^'"^ ^^ ^^^d court. And all writs, pleas, suits, recog^ 
lijSrdSli?"' ^^^^^^f indictments, or other proceedings, civil or criroinaJ, is- 
sued, eommenced, or pending in either of said courts, shall be re- 
turnable to,be entered and have day in court, and t>e heard and 
tried according to the times of holding said courts, as herein pro- 
Knit days to be ^*"®d. 

nSS'^tbtMmtt ^ ^' "^"^ *^ ^ further enacted. That such rule days, for 
^"'^the return of process and the filing of pleadings, may from time 
to time be fixed, and other orders made by said courts, respective- 
ly, not inconsistent with the Constitution and laws of the United 
States, as may be necessary or proper for the convenience of par- 
ties and the advancement of business in said courts ; and that the 
fint section of <^ An act to amend an act approved the eighteenth 
Jdj!M&,np2!^<>L January, eighteen hundred and thirty-nine, entitled, <^ An act 
'^* td^amend an act entitled an act to require the judge of the dis- 



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1842 Chap. 65-^7. 2M7 

trict of East and West Tennessee to hold a court at Jackson, in 
said State/ approved June the eighteenth, eighteen hundred and 
thirty-eight, and for, other purposes," approved July 'the fourth, 
eighteen hundred and forty, be, and the same is hereby, repealed. 

Approved, May I8th, 1842. 

CHAP. 66.— -An act to amend the act of the tenth of March, eighteen ^s^Jij'^tJ 



himdred and thirty-eight, entitled, " An act to change the time of hold- B«pmM. am 
ing the circuit and district courts in the district of Ohio. jf *^ •' **'•* 

^ l» Beit enacted, fyc. That the term of the circuit and dis* 
trict courts of the United States, in the district of Ohio, now re- ^'."ly «" 
quired by law to be held on the first Monday of July, annually, ismbw to iwtoiA 
at Colunibus, shall hereafter be held at the city of Cincinnati ; *^ ^^^^ 
and all process and recognizances, and other proceedings taken ^^tu^kcn 
or issued, or made returnable at Columbus, at the said July t^rm ^^^j* '^ ^^' 
next, shall be returnable at the said term at Cincinnati ; and the 
said district court shall have power, whenever in the opinion of ab maionmi 
the judge thereof, it may be necessary for the convenient admin- ^eSLt^^ 
istration of justice, to hold an adjourned term of said district ^"•*^^'***^ 
court at the city of Cleveland, in said district, at such time as he 
may think proper ; and the said district court may make all ne- 
cessary rules for holding such adjourned term of said court, and Hm ooan»aj 
for the proper return of process. Approved, June let, 1843. ^TJSJS*""""' 

• : A«t«r 188B. •. 

CHAP. 57. — An act regulating commercial intercourse with the port of 49, voU, p. am. 
Cayenne, in the colony in French Guiana, and to remit certain duties. 

^ I. Be ii enacted, SfC, That the provisions of the act enii^ J[S^ SSS^ 
tied " An act regulating the commercial intercourse with tha »»•- SS •ifiSSTfi 
andsof Martinique and Gaudaloupe,'' approved on the ninth ^f^^^^iSSk 
May, eighteen hundred and twenty-eight, admitting French ves-6SiMa,whidiBfe 
iels coming from, and laden with articles, the growth and manu-£^S!t^ ^ ^ 

- - - - - - , frooi is Ai 

.JiiffhOTdiitl 
Amerlou T m i k . 



foctureof either of the said islands, are hereby extended to tbeJI^hto'l^!!!^ 
vessels of the same nation coming from the port of Cayenne, in 5£si?i!iliili£ 



the colony of French Guiana, so as to entitle said vessels coming 
directly from said port of Cayenne, and laden with articles the 
growth or manufacture of said colony, which are permitted to be 
exported therefrom in American vessels, to admission into the 
ports of the United States, on payment of no higher duties of 
tonnage, or on their cargoes, as aforesaid, than are imposed on .^^ phMmi 
American vessels, and on like cargoes therein imported : Proot- uthorind towi^ 
d§d That if the President of the United States shall, at any S^ ^thS^ 
time, receive satisfactory information that the privileges allowed ^'^" 
to American vessels and their cargoes in the said colony of 
French Guiana by the arretes of its Governor, bearing date the 
fifth of December, eighteen hundred and thirty-one, and the 
twenty-eighth of December, eighteen hundred and thirty-three, 
and by the tariffs and regulations in force in the colony, have 
been revoked or annulled, he is hereby authorized, by proclama- 
tion) to suspend the operations of this act, and withhold all privi- 
leges allowed under it. 



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2868 1842 Ohap. 57—64. 

d«?2r to5i3r\2^ i «. And hi it furthir macted, That the Secretary of the 

jjj»*«toot^wiih Tfengtiry ik hereby aotfiorized to refoild, oat of any money in the 

tb«Kri^ti^ ^Treasury not otherwiire appropriated, such amount of doty, in- 

ft||ld!df *^^ '^'confiristefrtt with the provisos of the first section of this act, which 

since the arretes, and the tarifis, and regulations referred to ia 

the provisions to the first section of this act, have been in opera*- 

tion in said colony, as may have been levied in the ports of«the 

United States upon any French vessels coming di/ectly from the 

port of Cayenne, laden with such articles, the growth or manq- 

fiMitilre of Mid colony, which were allowed to be exported there- 

fyi6miti Americao vessels. Approved, June \$ty 1842. 

a^ ..^ 

OHAP. 63.— An act to authorize the Collector of the district of Fairfield 
it6,1ou!p!%3! ^ reside in either of the towns of Fairfield or Bridgepoft. 

sonaehofAct ^ 1. ^6 t/ 6nacf6(f, ^c. That SO mu(^ of the act entitled^ 
2! nqoim'\te'' Au act to rogulatc the duties on imports and tonnage,'' approv- 
5£S%ViJ««M^ ®^ March second, seventeen hundred and ninety-nine, as requires 
lepMiedtSo. the collector for the district of Fairfield, in the Slate of Connec* 
tieut, to reside in the town of Fairfield, be, and the same is here- 
by, repeated ; and the said collector shall reside in said town of 
FairiSeld, or in the town of Bridgeport, within said district. 

' Approved, June Aih, 1842. 

CHAP. 64.--^Q aet to provide for the settlement of the claim of the State 
of Maine for the service of her militia. 

luiaa to to ^ *' BeittnocUd, ifc. That the Secretary of War be, and 
yiid for tw Bill' he ii< hereby authorised and directed to cause to be reimbursed 
Mrt1S!!^or^u!?^d paid to the State of Maine, on the order of the Governor of 
SSiSiri^^said State, out *of any money iiot otherwise appropriated, such 
uhiSdbS^D^MuJdainouot as the Paymaster General of the United States army,and 
wte^^wv'iMofiiie aecountiDg officers of the Treasury shall ascertain and certi- 
fy would have been due from the United Slates to the militia 
called into the service of the State in the year eighteen hundred 
acid thirty-nine, for the protection of her northeastern frontier,by 
ihe Governor, if said militia had been duly called into the service 
of the United States, and regularly received and mustered by 
the officers of the United States army, according to the laws and 
regulations which have governed in the payment of the volun- 
teers and miKtia of other States. And the Paymaster General 
and accounting ofiieers of the Treasury are hereby authorized 
\1S^^ to Wo- and required to inclade the following claims, presented by said 
State, vi« : . 
^"^ First. The oost of cannon balls and knapsacks purehased by ihe 
Siate^ for the 4ise of the troops called into service, oitd for de- 
fenee of the frontier aforesaid : Provided, Thut said baUs and 
knapsacks shall belong lo the United States. 

Seoond. The amount jnid by the State for transportation of 
TnMpotuu<Ni.,^yji^^y fltores, and of her troops in actual service as aforesaid ; 
Provided, The amount should, in the opinion of the Secretary of 
War^ appear to be reasonable. 



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1842 Chap. 64—66. 2869 

Vhhd. The pi; or ^Mnpentttion allowed by the State to the ^^ "^ '^ «■' 
PifflMsMr iind (^mmiMarj General, and other staff officers, 
whdtt they were renpectitely einployed in making or saperintend- 
iftg disbaraements for the militia in actual service as aforesaid : 
PfWideif The compensation paid by the State, as aforesaid, 
aliill Mbt eiceed that paid by the United States for similar ser- 
▼tees. 

Fdurtb. The sam paid by the State for blankets for the nse ■*>»>^*t'* 
of her tniittia while in actual service aa aforesaid, or so much 
tIteHsof as ishail appear reasonable. 

Fiftb. The amount of expenditures by said State in necessary 
rsfwirs ^ arms used by the militia while in actual service as afore- ^''t^^ »>»■ 
Aid. 

Provided, That the aecouMs of the agent employed by iherrtbTrSS^J; 
Slate of Maine to make said payments, be submitted to the Pay-mul^dforiLjlt 
itaster (}efieral and theiaccounting officers for their inspection, ^io^^ *"* 

Approved, June Id/A, 1842. 

CHAP. 65. — An act to amend an act entitled '* Ad act to carry into effect, Act ori636 e. 
in the States of Alabama and Missisaippi, the exiflting compacts with ^^* ^^- ^iP-SMB. 
. those States with regard to the Bve per cent fund and the school reser- 
vations.^' 

4 1« -Bstf enaeied, fyc^f That so much of the second sec- TiMSdMctiM 
liott of the act entitled "An act to carry into effect, in thei'eS^itU.^b; 
States of Alabama and Mississippi, the existing compacts with Sj^i'^/de^^tta 
Ihose States in regard to the five per cent, fund and the school giroegc«M-^ 
reservatioDs/' as requires the land therein designated as reserved uuippi^'*^ 
to the State of Mississippi for the'use of school^ to be selected, 
under the direction of the Secretary W the Treasury, "out of 
any pubKc lands, remaining unsold, that shall have been offered 
at public 'sale within either of the land districts in said State of 
Mississippi, contiguous to said lands, within said State,'' ceded 
t^ the Cbickasaws, be so amended tbjAt the said lands may be se- 
looted, under the direction of the Governor of said State of 
Mississippi, out of any public lands remaining unsold within eith- 
er of the land districts iq said State of Mississippi contiguous to 
Ibe lands in said State ceded by the Chickasaw Indians. 

Approved, June 13th, 1842. 

CiftAP. 66. — An act to incorporate Washington's Manual Labor School 
and Male Orphan Asylnm Society of the District of Columbia. 

^ I. Beii enaeied, Sfc.^ That JiMnos L« Edwards, Thomas wa«hii»sum% 
9ewaU, Anthony Preston, Michael Nourse, Thomas L. Smith, m™"}'^^^^^ 
Joseph W. Hand, John P- Ingle, Peter Force, William Morton, orphan Atyiom 
Tbomas F. Hunt, Franklin Knight, Leonidas Coyle and *Peler Dhi^ot or co* 
W. Gallaudet, Uusteesfor said school and asylum, and their sue- !S:*'^*"~'^'*^ 
QOisoffs 10 o&ce as tmsteesi are hereby naade, declared and con- 
abated a eorporatioa and body politic in law and in fact, to have 
oootinnaBce forever under the name, style and title of Washing- 
toa*s Maooal Lafior School and Male Orphan Asylum Society of 
the District of Columbia. 
31 



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8870 1842— Chap. 66. 

^ifayhoupfp, ^ g And be ii further enacted. That all and singalar the 
lands, tenements, rents legacies, annuitiesyrights, privileges^goods,' 
and chatties, that may have heretofore been given, granted, sold, 
devised, or bequeathed, to the said Washington's Manual Labor 
School and Male Orphan Asylum Society, be, and they are here- 
by, vested in and con6rmed to the said corporation ; and that the 
said corporation may pifrchase, take, receive, and enjoy, any 
lands, tenements, rents, annuities, rights and privileges, or any 
goodS) chattels or other effects of what kind or nature soever, 
which shall or may hereafter be given, granted, sold, bequeated, 
or devised unto it, or to the said trustees, or either of them, as 
trustees of the said school and asylum, by any person or persons, 
bodies [M>litic or corporate, capable of making such grant, and to 
dispose of the same for the benefit of the said society : Pravi- 
Proirito} ■DDQ-c/ec/, That the clear amount of annual income of property to be 

erV^^^'^M,!^ acquired by said corporation shall at no \jfne exceed the sum of 

#5,000, gyg thousand dollars. 

^ 3. And be it further enacted, That the said corporation, by 
Ma ■ dbe^'^® name and style aforesaid, be, and shall be hereafter, capable, 

•oed.^'"*^ in law and equity, to sue, and be sued, to plead and to be implea- 
ded, within the District of Columbia and elsewhere. In as eflfec- 

Adopt aqd w«a tual a manner as other persons or corporations can sue and be 
sued ; and that they shall adopt and use a common seal, and the 

Appoint ootoon, same use, alter, or exchange, at pleasure; that they may appoint 
such officers as they shall deem necessary and proper ; assign 
them their duties and regulate their compensation, and remove 
any and all of them, and appoint others, as often as they shall 
^ . . , think fit. And the said corporation shall make such by-laws as 
may be useful for the government and support, and for the gener- 
al accomplishment of the objects of the said asylum and school, 
and not inconsistent with the laws of the United States, or the 
laws in force in the District of Columbia for the timctieing ; and 
the same to alter, amend, and abrogate, at pleasure ; but all by- 
laws adopted by said corporation shall before they have any force 
ProTitoroUtivo ^^ eflfect, bc submitted to and receive the approval of the Circuit 

JJ 1*2 JPfJi^"**" Court for the District of Columbia: Provided, also, That no 
part of the funds of said corporation shall be appropriated to pay 
the trustees of said society, except the teachers and instructors of 
the children, any compensation for their services, but such servi- 
ces shall in all cases be gratuitous. 

to^b."hiid'foJ"hf '^ 4- ^^^ ** ** further enacted. That there shall be a meet- 

ap^iotnMoi ofingof the trustccs of the Washington's Manual Labor School 

* "* *' and Male Orphan Asylum Society, in each year, the manner of 
giving notice for which, and the time and place for said meeting,, 
to be regulated by the by-laws ; at which meeting the said trus<» 
tees may fill all vacancies in their own board, and appoint their 
ir officers for the ensuing year, whose duties shall be regulated by 

the by-laws of ihe society. Vacancies in the board may also be 
filled at such other meetings of the trustees as may be necessary 
and under such regulations as may in their by-laws be pre** 
scribed. 



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1812 Chap. 66~tl, SSrl 

^ 5. And he it further enacted, That with the consent and J{,^J^»^^~ ^gjj 
ftpprotetion of the parent, or guardian, or other competent aa-<*'?nn>*y »* '•• 
thority having charfi;e of any male child, the same may be recei-*^'*^ 
Yi&d into the said Washington's Manual Labor School and Male 
Orphan Asjlum, under such regulations as may be made by thc^ 
by-lAws, and there protected, instructed, and supported ; and h^ 
shall not thereafter be withdrai^d or be at liberty himself to with^ 
draw from the snid asylum, without the consent or dismissal of 
the corporation aforesaid, until he shall have attained the age of 
twenty-one years ; but up to the age aforesaid, he shall remain 
subject to the dipection of the said corporation, unless he may,by 
the same be exonerated from service previous to attaining theag^ 
aforesaid ; and the said corporation shall have the power, with 
the consent of the parent or guardian of any child under their 
care, to bind any such child, for the purpose of acquiring a 
knowledge of some useiul trade, occupation, or profession, under 
such conditions as may be determined by iheby-laivs ; a copy of 
which conditions shall be delivered to, and they shall be binding 
on every person to whom any child may be so bound. Provided^ 
That every such orphan, whilst he shall remain subject to the ' 
direction of the said corporation, or during the period of his ser- 
vice, if bound out as an apprentice as aforesaid^ shall be entitled 
to the benefit and protection of all the laws of the District rela- 
ting to apprentices. jotirnai to U 

^ 6. Andbt it further enacted, That the said cofporatiotlkapt^and an^n- 
shall keepa journal of all its proceedings, in which the by-laws""**"'"""**^ 
shall be recorded ; and shall make report at the annual meeting 
as aforesaid, of the aflTairs and condition of the said school and 
asylum for the preceding year. 

^ 7. And be it further enacted, That it may be lawful for .a^CJ^^jJ^Mhi 
Congress Kereafter to alter, amend, modify, or repeal, the forego- »«*• 
ing act. Approved, Junel3th, 1842.- 



CHA^P. 71. An act authorizing the county commissioners of Lake county Act of iSM, e; 
Illinois, lo enter a quarter eection of land for a seat of justice in saidiggr. ^^' ^' 
county. 

^ 1. Beit enacted, S^c, That upon piroof being made to the ^"'^j^^jJJJ 
Secretary of the Treasury of the payment of the minimum price \^ct ot und tS 
per acre by the county of Lake in the State of Illinois, to the &t'ri/«icc'^d 
United States, for the southeast quarter of section twenty-one, [«J^»««^ *»f^J"*' 
in township forty-five north, of range twelve, east of tho third 
principal meridian, upon which the county seat of said county is 
located, it shall be lawful for the President of the United States 
to cause a patent for said land to be issued to said county, in 
Ueu, and in full satisfaction of the claim of said county to enter 
one quarter section of land in virtue of the act of the twenty-sixth 
May eighteen hundred and twenty-four entiled '< An act granting 
to th e counties or parishers of each State and Territory of the 
United States in which the public lands are situated the right of 
pre-emption to quarter sections of land for seats of.justice with- 

Digitized by CjOOQ IC 



fUSri 1912 Chap. 71-r«. 

nJ^S^ent '^in ^« Mim9«" PraMM, said ooootf ftkall selinqMk ni w$A 

t^ftwner iKiyc- form as ihc Secretary of the Treawrjr ahall pnacnbe, mil daiat 

with um secreta- whatever to the northeast qoarter of section tweBt)M)oey toir»< 

nr^of the Treaa^i^.^ forty-four, range eleven easl lying ia said county and wbicb 

tract was first selected by said coonty for the nae ol tbe conty 

seat for said county in virtue of the provbiopa of the act aforf* 

said. Approved^ June 22d, 1842. 



CHAP. 72. An act for the apportionment of Represf^tativ^ ameng tha 
several States according to the sixth censos* 

HouM of Rep. ^ I. Beit enacted, fyc. That from and after the tbisd day of 
SSSUter***rf March, one thousand eight hundred and forty-thfee, tlie Hoase 
^^^^y^^of Representatives shall be compcoed of members elected agsee- 
tioofone Bnnneablv to a ratio of one Representative for every seventy thoasand 

•entatWe to every , •', , , • . • • i «. ^ * j» ■ i* 

■evemy thousand SIX hundred and eighty persons in each State, and of one addi- 

f^hty M^nMn tional representative for each State havin^a fraction greater tbaa 

u^dTto^ lu-one moiety of the said ratio, computed according to the rule pw- 

inrsiillteyi^ scribed by the Constitution of the United States ; that is to say : 

SilTSS? SSSty Within the State of Maine, seven ; within the Sute of Neww 

of Mid vatic. Hampshire^ four; within the State of MassachoseUa, tea ; aiitb- 

in the State of Rhode Island, two ; within tha State of CSoaaeGli* 

cut, four ; within the State of Vermont, four ; within the Stale 

of New York, thirty -four; within the State of New Jemey, five ; 

within the State of Pennsylvania, twenty-four ; within liie State 

of Deleware^ one; within the State of Maryhnd, sU ;^Wiljiitt 

the State of Virginia, fifteen ; within the state ol North Garoli* 

na, nine; within the State of Sooth Carolioa, sevea; witbia the 

State of Georgia, eight: within the State of Alabama, seven; 

within the State of Louisiana, four ; within the State of. Missis^ 

sippi, four ; within the State of Tennessee, eleven ; within the 

State of Kentucky, ten^; within the State of Ohio, twenty-one; 

within the State of Indiana, ten ; within the State of llUoois, 

seven ; within the State of Missouri, five ; within the State of 

Arkansas, one ; and within the State of Michigan, three. 

wtMn a Sate ^ 2. .^fid be it further enacted. That in every case where a 

nortt°tiu!^ one State is entitled to more than one Representative, the number to 

Sfe^%n*to*be ^hjch cach State shall be entitled under this apporttonment shall 

no Strict *to^® elected by districts composed of contiguous territory efibal ia 

Sm' KJJeiJm. "''"™*^®'' ^^ }^^ number of Representatives to which said Statii 

tt^e. may be entitled, no one district electing aiore than one Reprsr 

sentative. Approved, J une SSfi^ 1842. 

CHAP. 91. An act to regulate the value to be ato^d to thepoan^ sfesii- 
log by the Treasury Department 

The pound ^ !• Bet^ cnocted, fyc, That in all payments by or to the, 
p';[J5?i{t4'S!!^ Treasury, whether made here or in foreign countries, where it 
becomes necessary to compute the value of the pound sterBag, it 
shall be deemed equal to four dollors and eighty-four cents, and 
the same rule shall be applied in appraising merchandize import- 
ed where the value is by the invoice iiT pound sterling. 

^ 2. And be it further enacted, That all acts and parts of 



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1849 €hap. 91—94 Qg» 

H «llk thftte prwisioiMt be and theMJM 9mhewi^.^J^^i^\^ 
bf npfliM. jIfpwA, July a7i&, 184^. witht^t^M. 

CHAF* f 3r Aff «p^ tp ani^mi " An act for altering the time of holding 
file distnet (^ort of the United States for the western district of Penn- R^^jjl^y j^L ** 
^ivania at WiUiamsport," approved May eighth, eighteen hundred and * 
Ibrty. 

^l. Beii enacUd, fyc. That the October term of the di»*^2>gMgMiiNr 
toict, qount of the United States for the western district of ^^^^^^^S ^^ 
sylvfini^i which is now directed to be holden at WiUiamsport, ioooioiMr?^^ 
I^j^otmng. county, on the third Monday of October in each year. 
•^^ hereafter coaunence anjd be holden on the first Monday. oC 
Qelpber in each and every year ; and all process, pleadings, mo-FtaeM, iui, m 
tipqs, suits, and business heretofore begun, pending and undenSSf^!!^ ^ 
t0pmiued» or which i^yay hereafter be commenced or instituted, 
priQr to the next October term, shall be held returnable and be 
T^uro^ to the first Monday of October next. 

Approve4f July 91th, 1842. 

CHAP. 9^. An act to provide for satisfying claims for bounty lands, 
for military services in the late war with Great Britian, and for other 
putposes. 

^ U Be it^maettdy 4^c«, Tliai in all cases of warranta (mTtnmuu^whnm 
bmulgr 'lauds for military servicas in the war of eighteen hundred mtoilr'^ "^ 
and twelte with Great Britian, which remain unsatisfied at the;;;2|i^, 
dilo.of this act, it shall be lawful for the person in whose name w 
such warrant: shall have issued, his heirs or legal repres^tativ^. 
toeoler at the proper land ofiice in any of the States or Terri^ 
torkv. in which the same may lie, the quantity, of the public 
tends subject to private entry to which said person shall be enti- ^ 
tted in virtue of such warrant in quarter sections: P.rwidfidiJ^S!tib^\^ 
Sudi warranU.shall be located within five years from the datia of ^'^^i^'a ^3 
Ibwact 

^3. J»d be a further mmcted, That the terms prescribed for Aetsuf^Jti 
Ike issuing warrants by the Secretary of the Department of W^r, tiSSI|^!S^i'" 
under the act entitledi '' An act to allow further lime to complete 
the issningand locating of military land warrants during the late ^,;!|j^,^,.'^ 
vmHy^ Aod under the act entitled '^ An act to extend the time off* ^<>- 
issning military land warrants to the officers and soldiers of the 
Reiwdtttionary army/' both of which acto were approved Japuar 
ry twenty^iseventhy eighteen hundred and thirty -five be, and the. 
aaoie. are. hereby, respectively, renewed and continued in force 
for the term of five years from and after the date of this act; OMMsoiSnidk. 
aodall cases which shall not, within the time aforesaid, be final- l^iuuiXf u«w. 
Ifidispoied of^ shall be thereafter for ever barred from the bene- ''•>'«''» <>•"*'• 
fits of. all claim to bounty land for services performed within the^ ^g^^i^. 
spirit and meaning of said acts : Provided, That warrants issurnnu t» u kSI- 
nmi under the provisions of this section may be located as is ^^^^ ^. 
pnotvidedfor warrants iMider the first section of this act: Andno^ 



fforidedfurihery That the certificate ofjocation obtained under 

Digitized by CjOOQIC 



KtA 1842 Ohaf. 94— vlOA 

the proTimons of this act, shall not be assignabley but the patebl 
shall in all cases issue in the name of person originally entitled to 
the boanty land, or to his heirs or legal representatives. 

Approved, July 27/A, 184a 

CHAP. 100. An act to incorporate the German Benevolent Society of 
the city of Washington. 
4 1. Beii enaded, fyc. That from and after the passage of 
'^sSto^this act, all those persons who are or shall hereafter become, 
members of the "German Benevolent Socieiy" of the city of 
Washington, District of Columbia, be and they are hereby, made 
a body corporate and politic, by the name and sfyle of << the 
German Benevolent Society," and shall so continue until ihe third 
day of March, one thousand eight hundred and sixty ; and by 
pJ2!!f**m2^*'^*^ name shall have perpetual succession, and by that name may 
■ioj, ^^sue and be sued, implead and be impleaded, answer and be an" 
' "^ swered, defend and be defended, in courts of record, and in any 
other place whatsoever ; and by that name may make, have and 
use, a common seal, and the same may break, alter, and renew, 
at pleasure ; and shall have power to ordain, establish, and put 
«■! ■ ■■■M«iin-'" execution, such by-laws, ordinances, and regulations, as sluiU 
iawi,ac seem necessary and convenient for the government of said cor- 
poration, not being contrary to the -laws and Constitution of the 
United States ; and generally to do and execute all acts neces^- 
ry or proper for the objects of said corporation, subject to the 
limitations and provisions of this act. 
MoMFinotiT. ^ ^' ^^^ '^ ^ further enqcied^ That the monthly contirba- 
Won •cconntoftions, and all other moneys received on account of the society, 
tetamMU^'ii!!!^,may, from time to time, be invested in the public stocks of the 
*^ United States, in loans to individuals, or in stocks of any incor- 

porated banking institution or corporation ; and the moneys so 
invested, or that may be deposited, shall be drawn out of the 
bank or place of deposite only on the order of the Treasurer, 
countersigned by the secretary and approved by the president: 
y^^^^^^ ^Protmfsd, nevertheleaSj That the said society or body poKtic 
'tolled shall not at any one time, hold or possess property, real, personal 
'*'"^ or mixed, exceeding in total value the sum of twenty thousand 
dollars ; and provided that the annual interest on the capital of 
the company, or the whole or any part of the capital, may from 
time to time be applied to aid and succor the poor and destitute 
of the society, or to such other charitable objects as the compa* 
ny may select. 
.^ ^3. And be U further enaciedy That it shall not be lawful 

Mt ul^'dMi^" for the said corporation to deal or trade in the manner of a bank 
imSuhmSi i^or issue any note in the nature of a bank note, nor traasact 
any other kind of business, or deal in any other maooer 
, or thing than is expressly authorized by the second section of 
this act ; and any officer or officers who shall have assented to 
any such dealing or trade, shall on conviction thereof in the pro- 
peaauy fordo- P^r court, forfeit and pay the sum of five hundred dollars, one 
^^ half to the use of the poor of the city of Washington, District of. 



in Tiloe, 



■to,Bow< 



Digitized by CjOOQIC 



1842 Chap. 106—130. SSff 

Colunlbia, aild the other half to the use of the penon who may 
prosecute for the same ; Pravidedj always^ That Congress ^^^mJ J^S^^ "^ 
at any time, amende alter or annul this act. Apprwed^ /iilyiwidftUiMu'* 
9nth, 1842, 

CHAP. 107. An aet to extend the jurisdiction of the corporation cf George- 
town. 

^1. Beii enacted^ fyc. That the jurisdiction of the corpora- ,2S!ld*^r!.*S 
tton of Georgetown is hereby extended so as to include the bridge SSSIISbiMm^ 
lately coostr noted by the said corporation across the river Poto- 
mac, at the Little Falls, and the site of said bridge and premises 
appertaining ta said site ; and that as often and as long as said 
bridge shall hereafter, from any cause, be impassable, it shall and Tt„^tt^ian «r 
may be lawful for the proprietors of land on both sides of the yj"* u SJ jl. 
said river, through which the feiry road to connect with the Falls wueh um nu 
Bcidge turnpike must necessarily pass, and they are hereby au- wblntb* bSii* 
thorized and empowered to establish and keep a ferry, at any iluSSiultaVr' 
rate of ferriage not exceeding the tolls which the Georgetown 
Bridge Company wece heretofore authorised to charge on their 
bridge. 

^ 2. And be U further enacted^ That said' Corporation of ptvwmof v» 
Georgetown, in addition to its present chartered powers, shall oSJJSSSi £. 
have full power and authority to provide for licensing, taxing and t^ded. 
regulating within its corporate limits, all traders, retailers, pawn- 
brokers, and to tax venders of lottery tickets, money changers, 
hawkers and peddlars. Approved, July 27f A, 1842. 

CHAP. 130. An act to incorporate a society in the District of Columlria 
by the name of the National Institute for the Promotion of Science. 

^1. Be U enacted, fyc.y That Peter Force, Francis Markoe, JJ^^JJj^JJjg: 
jr., Garrett R. Barry, William J. Stone, Daniel Webster, Walter •a. 
Forward, John C. Spencer, Abel P. Upshur, Charles A. Wick- 
liSe, Hugh S. Legare, John d. Adams, William C. Preston, John 
J. Abert, John G. Totten, Aaron O. Dayton, Lewis Warrington, 
and all others now members of the Society in the District of Co- 
lumbia, known by the name of " The National Institution for 
the Promotion of Science," and their successors and associates, 
duly elected in the manner provided for in their constitution, 
hereinafter mentioned, as it now exists, or as it may be hereafter 
altered and am«)nded by the society herein and hereby incorpora- 
ted, shall be, and they are hereby, incorporated, constituted, and 
declared to be a body politic and corporate, by the name of, 
*' The National Institute for the Promotion of Science. 

^ '4. And be it further enacted, That all and singular the^^JfW ▼•*- 
goods, chattels, property and effects, heretofore given, granted, 
devised or bequeathed to the said society, or to any person or 
persons, or that may have been purchased for its use, or which 
are or may be held in trust for it, shall be, and the same are 
hereby, vested in and confirmed ta the said corporation hereby , a««'»«*^ •• 



Digitized by CjOOQIC 



18f» 1848 Chap.— 130. 

ereated; atvd the said oorpimtion k. hereby Mtheriaba iM 
Mipowered to take or receive Aoy nrni or smn of mon^y^ «r mjr 
goods, ehettelft, property, or effects of any kind or natora trhatr 
soever, which shall or may hereafter be given^ granted, dbviM 
or bequeathed, to the said corporation, or jn trust for tbe said 

corporation, by any person or persons, body politic dr eoi*p<ii^li, 

JtJbS'dJSSi capable of making such gift, bequest or devise: Praoided, at- 
9t,ham. loays, That such money, goods, chattels, property, or effects 

be laid out or disposed of, for the use or benefil of the Mid dbr* 
poration, according to the intention of the doiiors or devisork 
. , ^3. And be it further enacted, That all obligations,' agree- 
: ments, and contracts, heretofore entered into, by or wi£ the ' 
said society, or any of its duly authorized agents, shah be as v4t- 
id and obligatory upon the respective parties, and upon the c6r« 
poration hereby created, as if the said society had been incorpo- 
rated and existed as a corporation at the time and times of enter- 
ing into such obligations, agreements, and contracts. And the 
Uibu'for |oo4a,^i^ Corporation shall be liable, to all persons and bodies politic 
i^yetoliyd»-and corporate, for all goods, chattels, and effects, heretofore spe- 
cially deposited with the said society for safe keeping or erhibi- 
tion, or which may be hereafter so deposited with the said corpo- 
^roMk^oftii* ration, according to the terms of the deposite. And all the prop- 
^JJ3J^J»JJ* *J erty of the said corporation, at the time of the expiration or dis- 
^^n ?fJ^ solution of its charier, shall belong to and devolve upon the Uni- 
t«UM'ij?& ted Slates ; and the President of the United States for the time 
being shall appoint a person or persons to take possession of, and 
keep and preserve the same, unless and until Congress shlill oth- 
erwise dispose of the same. 
coBiUtiitioa of ^4. And he it further enacted^ That the constitution hereto- 
m!mlSSSZ*S£, '^i*® adopted by the said society, and as it now exists, and as it may 
**• ' hereafter, from time to time, be altered end ailtenddd inf the 

manner therein provided for, shall be valid and binding upon the 
members of the said corporation. 

^ 5. And he U further enacted. That the corporation hereby 
JdtonJSl "*' created shall have power to sue and be sued in its coirpomtef 
name ; and to appear, prosecute, and defend, to final judgeifliteli 
and execution, in all courts in the District of Columbia and cAnh 
TohAYvaiMi. where ; to have and use a conmion seat, ami the same to breaks 
•iMtomMn. gj^^j.^ ^^^ renew, at will ; to elect, according to their aaid ^odllti''^ 
tution and by-laws, as the same may from time to tf«ie tinm, M 
euch officers as they may deem necessary and proper, and lUNtr- 
tain their duties and compensation ; to make, fiom thne to time. 
To nak« iqr by-laws and regulations (not inconsistent with tbe hws of cM 
tewfte United States in force in the District of Columbia) for thifir foiv- 

ernment, and for the due and orderly conducting of their affairs, 
and the management of their property, and to enfore^ tbe saaw 
by penalties not exceeding twenty dollare for any one offence, t& 
be recovered before a justice of the peace, in the same msuisnr 
^^ as other small debts are recovered : Provided, That it shaH net 

mT^'^^^I^ l&^ful for the said corporation to deal or trade in the madter 
SfSrS tofSe^^' a bank, nor to issue any note in the nature of a bank note. 

Digitized by CjOOQ IC 



1848 Chap. 130—132. 8877 

V €• jhkdb^ U/wrtlwrenaehd, That this charter stmH con-^^'j;«i^ 
tioue in force for the period of twentj years from the date of this 
tety and no longer, unless Congress shall by law prolong its e»st- snitanottoaiwto 
ence; but its expiration or dissolution shall At abate any gui(<»***®^P^^^<^ 
then pending by or against the said corporation ; and three years |^"1ndup^?i!r 
thereafter shall be allowed, in which it may wind up its affairs, '^'^ 
mnd in which its corporate name may be used for the recovery of 
all debts due to or by the said corporation : Provided, That Con- g,£j^^ SSJ 
{(rein may at any time alter, repeal, or modify this act of incor- «»p^ ">*■««• 
poratioB. Approved, July 27I&, 1842. 

CHAP. 131. An act la relation to marriages within the District of 
Columbia. 

^ I. fi# tt emacMf tfCy That the ministers of the gospel, ^^^^SSS^^ 
4iargy» who at any twie may be legally authorized to unite per- pemma ib tutMr 
•Mis in the bands ol wedlock, or to join them together as man t^S^ii>£^ * 
ftnA wife, either in the county of Washington or the county of 
Alexiukdiia^ ahali be, and are hereby, authorised to do so in any 
flaca witfaifl the District of Columbia. 

Approved, July 9:7 ib, 184S. 

CHAP. 132. Att act to provide for the permanent employment in the 
Post Offiee Department of certain clerks heretolore for several years 
lemikuariiy emf^lojrd in that I>^aFtmeAt. 

4 1. Be it 'enacted, ^c, Thaltlhe Postmaster General be, and^SJ^SSS* 
be isliereby authorized to eiisploy in the post Office Department, J2«^^^««* * 
a topographer^ at a salary of sixteen hundred dollars ; and eight 
additional clerks, whose annual compensation shall be as follows: 
three clerks at fourteen hundred dollars each, four clerks at one 
thousand two hundred dollars each, and one clerk at one thou- 
sand doHars. 

^ 2. And be it further enacted, That the arrears of pay due j^JJ^^*" ^ 
to said clerks from the first day of January last, at the rates afore- JamwiMtto^' 
said, and their regular salaries for the residue of the current year, '^'^ 
be regularly paid to them by the proper officer of the Department 
and for this purpose the sum of eleven thousand six hundred dol- 
lars is hereby appropriated out of any money in the Treasury not 
otherwise appropriated' 

^ 8. And be it further enacted, That eleven additional clerks j^JP^jJgJ^^JjJ*" 
hctfWtt fore femporarily employed in the office of the Auditor fornur'ny MnpiojIST 



ibe Pbftt Office D^eparltaent wi^er the provisions of the act of ^Xr "^ iH! 
Congtm of the third of March eighteen hundred and thirty-sc ven JSLSf %&V 
lUidi HM i0v«Mh of July eigktAM hwMlfed and thirty-eight shall p«n»u^<'t 
te periMii^iitly adifed Uf the force in thiift office, at the rates of 
ooinjfHSlliati^i iMrftieifqre idtoiViMl for their services respectively 
and the sum of thirteen thousand two hundred dollars is hereby 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the payment of their salaries for the year eigh- 
teen hundred and forty-two. Approved^ July 30th, 1842. 

38 



Digitized by CjOOQIC 



2878 1842 Chap. 133—134. 

CHAP. 1 33 An act to regulate arrestB on mesne process in the Distrist of 

Columbia. 

Permni not to ^1. Bcit enaqted, S^c. That hereafter no person shall be held 
cwfrraiu ^eM to bail in any civil suit in the District of Columbia, unless on 
Mrt^^^ affidavit, filed by the plaintiff or his agent, stating in cases of debt 
or contract the amount which he verily believes to be due, and 
that the same has been contracted by fraud or false pretences, or 
through a breach of trust, or that the defendant is concealing or 
has concealed his property in the District or elsewhere, or isabdtit 
to remove the same from this District or the place of his resi* 
dence, in order to evade the payment of the debt» or that, being 
a resident of the District and domiciled therein, is about to ab- 
scond without paying the debt, and with a view to avoid the pey- 
wient of the same, setting forth all the facts on which said allega- 
tions of fraud or breach of trust are founded, aod in alleasessel- ' 
ting forth the grounds, nature, and particulars of the ciaiflk 
SttAciency of The Sufficiency of the affidavit to hold to bail, and ihe aoioant of 

affidavit and «-..,, . ^ ■ •• i* • i. • ■ /. • • i 

mount of bail to bail to be mVen, shall upon application of the defendant, be de- 

ha determined, • . • . ,? * • . *• j i. • i • j • ^ 

bow. cided by the court in term time, and by any single judge m va- 

•k'" ^V ^}*^^ cation. In all cases in which the affidavit required by this act 

tbe affidavit l« . /.i • . • • • ■ • i • 1. » • 

nutaifiied prevf-is not filed prcviously to issuing the writ, the defendant, upon its 
tjHawrit'""'^''* service, shall not be required to give bail, but merely to signao 
order to the clerk of the court to enter his appearaoce in the 
cause, which, if he refuses to do he may then be held to bail as' 
in other cases. 
dilSlSiro?*^* ^ 2- ^^^ *« ^ further enacted, That any person now held 
tons now beidto to bail in a civil suit in the said District may apply to the Circuit 
Court of the said District in term time, or to any judge thereof 
in vacation, for a rule to show cause why he shall not be dis- 
charged on filing a common appearance, and shall be so discharg- 
ed unless the plaintiff or his agent shall file a sufficient affidavit, 
in conformity with the provisions of the preceding section, within 
a reasonable period of time, to be assigned by the court or the 
judge to whom the application is made. Approved, August 1st, 
1842. 

CHAP. 13 1. — An act to extend the provisions of an act entitled *• An act 
OB, vol? 4. ^m\ to regulate processes in the courts of the United States," passed the nine- 
teenth May, one thousand eight hundred and twenty-eight 

§ I. Beit enacted ^c. That the provisions of an act entitled 

" An act to regulate processes in tlie courts of the United States," 

]8£*?J!S^i.?pi?- parsed <hc nineteenth day of May, one thousand eight hundred 

liw.dmiittijiii!"'*^ twenty-eight, shall be, and they are hereby, made applieable 

u»ui«uai«Ni. to such States as have been admitted into the Union since 

the date of said act. Approved, August Isi, 1842. . 



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Ifi42 Cha^, 135—146. S879 

CBAB. 135.— *Aa act grootiDg to tto coaaty of Johnson, in the Territory 
- of Iowa, the right of pre-emption to a tract of land for a seat of justice ^^ 
ior said county, and repealing the second section of an act approved theasi^ut* p.877v* 
third day of March* eighteen hundred and thirty-nine, entitled ^- An act 
making a donation of land to ,the Territory of Iowa, for the purpose of 
erecting public buildings thereon.'' 

^ \. Beii enaded, SfC^ That the right of pre«>emption at the Bi«ht or pr*. 
minimum price for which the public lands ore sold, is hereby ffi'J,*jri ■p,iJj;| 
granted to the county of Johnson, in the Territory of loWa, for KJ"*Jf„/'*i„**,V 
the fractional northwest quarter, east of the river, of section hum- (••'"• ^»*^»jp'^ 

, ^- , . ^ . . - . , r I »" BClWih May. 

ber fifteen, m township seventy^nine, of range six^ west of the laa-i, in ii«u of 
principal meridian^ ae reported to the land offices at Dubuque, in I^umiT' """^ 
i|aid Territory, containing one hundred and seventeen acres and 
sixty-^our one hundretha of an acre, more or less, on the^ same 
terms and conditions expressed in the act of the twenty-sixth day 
of May, eighteen hundred and twenty-four, entitled '< An act 
granting to the counties and parishes of each State and 1 errito« 
ry of the United States, in which the public lands ore situated, 
the right of pre-emption to quarter sections of land for seats of 
justice within the same ;" wliich said right of pre-empiion is in 
lieu of that to the quarter section heretofore located by the com* 
missioneis of said county, vvhich is relinquished. 

^ 2. And be UJuriher enacted, That so much of the second ■reUi^Tf Hct 3d 
section of an act entitled '* An act making a donation of land tOdi^'eiMi \^*Ji^ 
the Territory of Iowa, for the purpose of erecting public btiild- [J,^,;^*^**"^*^'^ 
ings thereon,** approved the iliird day of March, eighteen lmn-J;^»««"»^»»«- 
dred and thirty-nine, as directed the contiguous sections to the 
section lobe selected under said act, for the purpose aforesaid, to 
be reserved from sale or entry until the further action of Con- 
gress thereon, be, and the same is hereby, repealed : Providedy p^^lcw^uhto 
That the right of pre-emption shall not accrue to any person or Jj^«»»jjj»»»^«f p«j 
persona who now are or may hereafter settle on said lands under ia«i«. 
any existing pre-emption law. Approved, August Ist, 1842. 

CHAP. 145. — An act to constitute the ports of Stoniogton, Mystic river, 
and Pawcatuck river, a collection district. 

^ 1. Be it enacted, fyc, That the town of Slonington, in /^"iJSiSn^Jf;: 
the county of New London. State of Connecticut, shall be a col- ceS^*"**'***^*' 
lection district, from and after the thirtieth day of June next ; 
and that the port of Stonington^ aforesaid, shall be, and hereby is, 
made a port of entry. 

^ 2. And be it further enacted, That the district of Stoning- i„JJJ2*J2iS23: 
too shall comprehend all the waters, shores, bays, and harbors, 
from the west line of Mystic river, including the village of Por- 
tersvilleand Noank, in the town of Grolon, Stale of Connecticut, 
to the east line of Pawcatuck river, including the town of West- 
erly, State of Rhode Island, any thing in any former law to the 
contrary notwithstanding. 

^ 3. And be it further enacted, That from and after the ihir- ^J^tbuiuJu!' 
tieth day of July present, the office of surveyor of the port of 



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2880 1842 0KAP. I46~lir. 

Stoningtofl, aforesaid, be, and the aaioe ki hereby ibuiiabeji ; and 
%^SmJ^m^^ collector of the aforesaid district fthall be appoiated, to reside at 
sSCrytiMKaaM. t|^g p^j^ of Sfoiiington, who, in addition to bis other etnoitinieiitSy 
shall be entitled td rccerve the salary now aMowed by law to Iha 
surveyor, aforesaid, and no more ; and said coHeetfNr sMI iAie 
perform the doties heretofore enjoined on the scrrveyor^ 

OHAP^ 14$;— An act making appropriations for the naml senrite Sn* ths 
year one thousand eight hundred aad lbvt|r»twtw 

No. ]. For pay of commission, warrant, and petty ottoert 

Md'itielf*" ^^^ seamen, two million three hundred and thirty -fire thouasnd 

dollars : Provided^ That till otherwise ordered by Congress, the 

ProTitonfftHve officers of the navy shall not be increased beyond the number in 

offlJri'^'^^^^the respective grades that were in the service on the first dajr ef 

January, e'^hteen hundred and forty-two, nor shall tliere be amy 

further appointment of midshipmen until the nomber inthe seir- 

vice be reduced to the number that were in service on the first 

day of January, eighteen hundred and forty-one, beyond wtiidl 

they shall not be increased until the further order of Consress. 

Approved Augv$i ith, 1843« 

CRAP. 147. — An act to provide for the armed oecupa^on and settlensent 
of the unsettled part of Hie peninsula of Bast Florida. 

•JStiigin^T^r ^ 1- ^^ ^ enacted, ^c, That any person^ being the head of 
FiondaentttiMtoa family, or single man over eighteen years of age, able to bear 
oflaitdo^thTforlarms, who has made or shall, within ewe year from and after tbe 
wiafcoodiuoot p3ss3g^ ^f ||,|g ^^t, make an actual settlement within that part of 
Florida situate and being south of the line dividing towoshipa 
numbers nine and ten south, and east of the base line, shall b« 
entitled to one quarter section of said land, on the following con- 
ditions and stipulations : 
To obtain a per. First That ssid settler shall obtain from the register of the 
»itda«ribiii(tbe|3^j office, in the district in which he proposes to settle, a per* 
mit describing as particularly as may be practicable, the place 
where bis or her settlement is intended to be made : Praoided^ 
Praviw weind. That no person who shall be a resident of Florida at the time of 
mToo^i^oir^f the passage of this act, who shall be the owner of one hundred 
^^^ and sixty acres of land, at the time he proposes to settle, shall be 

entitled to a permit from the register. 

Second. That said settler shall reside in the Territory of Flor* 
^^>emft*iM-]da, south of said township line, for five consecutive years^ and 
*^' to take his grant on any public land south of that township. 

Thira. That said settler shall erect thereon « house fit for the 

h^a^S^. ^^ ^ habitation of man, and shallxlear, enclose, and cultivate at least 

five acres of said land, and reside thereon for the apace of foor 

. years next following the first year after the date of his permit, if 

he or she shall so long live. 

s«tti«m*nu. &^c. Fourth, That sudi settler shall, within one year after the sar* 

to be proved, ^^y ^f g^| j lauds, and the opening of the proper oflice for the 



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i8ia — CuAP. w. 



MlPf iatl«d»«f ilie«MM by «li6 Umied Statot, profe btfeve 
tocb tribonal and in such manner and form as shall be prescribed 
bf tbto C ea imimii o w r of the General Land OflSce, wiih 4heap« 
|M«f«t ef 4be PieeMkMK, tbe Hot that the settkmenl has been 
ee mme t m di'aad tbe particular quarter section apon which it is 
located ; and, also, that such settler shall, within six months after 
thenptrmtioii of ftve yeara fixNn the date of his permit, prove, in 
Kke manoer, the fact of continued residence and cultivation, as 
fei|ttmd ki tbe eeoend and third conditions herein above preseri* 
bed ; wheieupon, aad not until then, a patent shall issue to eaid 
■etdcr, for such quarter section. 

^ 9* And^ii furthtr enacted^ That in the case of tbe sett* Jn<mmmtwH- 
tiement of the same quarter section by two or more settlers, ibe S!l!!!!l!aw'riiiht S 
right to the loeation shall be determined by priority of settlement, ^uHt^^i!^ ^ 
to be ascertained under such rules as the Commissioner of the 
General Land Office, with the approval of the President, may 
prescribe ; and the subsequent settler or settlers shall be permit- 
ted Ui locate Ihe quantity he, she, or tbey may be entitled t# else- 
wbeie within tbe same township, apon vacant public lands. ^ ^^ 

4 d» And be ii further enacted. That no right or donatim J'2\^*^^-^ 



sbdl be acquired under this act within two miles of any perina* SSnZSte^TMt 
MSt military poet of the United Steves* established and garriaoDo 
ed'ai 4he time such settlement and residence was conMuenoed. 
*^ 4. And be ii further enacted^ That all sales, gifts, deviaea, 8ii«, j^ of 
agveemettia, bonds, or powers to sell, transfers, or liens, whfttso*!£ba^^!^i!S^ 
eveTiy private or judicial, of the lands, or any portion thereof, ao- ^ kToX^ 
quired by tbia act, made M any time before patents shall have is* ^* 
sued for the same, shall be utterly void and without effect, to eve- 
ry intent and purpose, whether in law or e(|uity ; and the pur- 
.chaser or obligee, under any such sale, agreement, bond or power 
to sell, transfer, or lien, shall not be entitled to recover back the 
price or consideration paid therefor, but shall forfeit the same ab- 
•olutely to such settler or his heirs. 

^ 5. And be it further enacted. That upon the death of any ^e« y « |r» 
aatUer before the end of the five years, or before the issuing oi^uutA ^SSX 
the patent, all his rights under this act shall descend to his widow tTT*"^ ""^ 
and heirs at law, if he leaves a widow, and to his heirs at Iaw,«if 
be leaves none, to be held and divided by them according to tbe 
laws of Florida, any previous sale or transfer of the same or of 
any interest, legjd or equitable, in the same, to the contrary not« 
withstanding. And proof of his oompliance with the conditions 
of this act, up to the time of his death, shall be sufficient to oa«* 
title them to the patent. 

^ 6. jliul be U further enacted. That where any settlement^ i* <»m oTim. 
by the erection of a dwelling, or the cultivation of any portion ^^I^I'm^ 
thereof, shall be made upon the sixteenth section, before the ma^^^^S^ 
shall be survey^, then, and in that case other lands sbaU be se«- t«.b«»6ieoud, 
lected by the school commissioners of the township, in lieu of said 
aeolion sixteen, or sucb port thereof as may be olaiaoed under tbia 

^^ ^ ^ ^ Land for MtU«- 

^ 7. And be ii further enacted, That not exceeding two bun- »•'«»'«"•• 

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«lwiv»«r 



2883 1842 ^Cbap, 147— 1S3. 

dred ihounad acres of land ghaU be Ukeo for aeUleaient oader 
Ihif act. 
ft, ^ 8. Afkd be U further enacted, That the PreaidenI of the 
^ "^^ United States may, at anjr time, by proclaniatioa, suspend ail fur- 
ther permits and settlements under this a€t,by giving three months' 
. notice thereof. 

^ 9. And be U further enaded, That the Commissioner of 

Hum of Mi- the General Land Office shall, on or before the first day of Feb« 

fipolri^©coIl!'''*''y> ^'8^^^^^ and forty-four, report to Congress the 

<*«•• names of every individual who shall have made the actual settle* 

ment required by the first section of this act, specifying the beads 

of families, and the single men, and the location of each quarter 

section occupied by each of said settlers. 

Approved, Auguei Ath, 1843. 

CHAP. 148.— An act to reg^ulate appeals and writs of error from the dis- 
trict court of the United States for the northern district of Alabama. 

T« lit to us. ^ '* Be ii enacted, fyc, That all appeals and writs of error, 
CMrtfrom the district court of the United States for the northern dis* 
trict of Alabama, at Huntsvilie, shall lie directly to the Supreme 
Court of the United States, when the amount in controversy ex« 
ceeds the sum of two thoosffnd dollars, exclusive of costs ; and 
that so much of the act to abolish the circuit court at Huntsvilie, 
in the State of Alabama, and for other purposes, as requires all 
appeals and writs of error to lie from said district court to the cir- 
cuit court at Mobile, without regard to the amount in controver- 
sy, be repealed. Approved, August 4lh, 1842. 

CHAP. 152. — Ad act to provide fox the settiement of the claims of the 
State of Georgia for the services of her militia. 

Bo uehofsiTs ^ *• ^^ it enacted, fyc, That the sum of one hundred and 
•ooappropctet'd to seventy*five thousand dollars be, and the same is hereby, appro^ 
|Si*1SI^MiM« priated to the payment and indemnity of the State of Georgia, 
ikSS^SiMj^^^^^^J tnoney actually paid by said State on account of necessa- 
l^SSSSSLum^ ry and proper expenses incurred by said State in calling out her 
boDaoMMnrjSw militia, in the years eighteen4iundred and thirty-five, eighteen hun- 
SSSkUT^ ^dred and thirty-six, eighteen hundred and thirty-seven, and eight- 
een hundred and thirty-eight, during the Seminole, Cherokee, and 
Creek campaigns, or for the suppression of Indian hostilities in 
Florida and Alabama, or so much of said sum as may be neces- 
sary for the purposes aforesaid, after deducting any sum or sums 
of money that may have heretofore been advanced by the Uni- 
ted States to the State of Georgia, to be applied to the objects 
aforesaid, and which may not have been previously so applied, 
wbat would ^ 2' -^^ ^^^ further enacted. That the Paymaster General 
iTirSiufriSS ^f the United Slates army and the accounting oflicers of the 
«^i^^^t^^- Treasury shall first ascertain and certify what would have been 
sm* mruiMd, due from the United States to the volunteers and militia called 
^^ into the service of the said State of Georgia, or by her proper 

authorities, during the time and for the purposes mentioned in the 



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1848 G0AP. 162—164. £883 

preceding section, if wid Tolanteers and militia had been dul j 
called into the serTice of the United States, and regularly receiv- 
ed and mustered by officers of the United States army, accord- 
ing to the laws and regulations which hate governed in the pay- 
ment of the volunteers and militia of other Stales : Promlfstf, pvotIm : ■«. 
That the accounts of the agent or other officer of the State of r"^^<^2<^ 
Geoi^ia, employed or authorized to make payments for the afore- faSipMUon?^ 
laid services, or any of them, be submitted to the Paymaster Gen- 
eral and the accounting officers, for their inspection : And pro^ 

videdj aUOf That no reimbursement shall be made on account '" "^^y" _^ 
of the payment of any volunteers or militia, who refused to bew WmflM wVto 
received and mustered into the service of the United States, or to S!!!!!!!!*^^' 
serve under officers of the United States army, if any may have 
been ordered to that service by the President of the United States 
or other proper authority. Approued, August l\th, 1842. 

CHAP. 153.->An act to settle the title to certain tracts of land in the Stae 

ot Arkansas. 

^ I. Be U enacted f fyc. That each and every owner of a 
Spanish or French land claim, in the State of Arkansas, which huIbmiSI! wHi 
was submitted for adjudication to the superior court of the late ^''•"•^"•■^•i*"* 



Territory of Arkansas, and by that court confirmed, being subse-^mp' 
qoeDt purchasers for a valuable consideration, is hereby authori- 
sed, within twelve months from the passage of this act, to enter, 
respectively, the land covered by the said claim, at the minimum 
price, under such regulations as the Commissioner of the Gener- p^)^, .^i^ 
al Land Office shall prescribe ; Pnndded, That no such entry ^ '^ "{^i ^ *^ 
shall be made, except of lands mentioned and described in the ' ^ 
original claim, or of such tracts as have been located in pursuance 
of the act of the twenty-sixth of May, eighteen hundred and 
twenty-four, entitled <'An act enabling the claimants to lands j^^i^^^ 
within the limits of the State of Missouri and Territory of Ar- i73kir«u.M6a 
kansas to institute proceedings to try the validity of their claims/' 
or any act reviving the same ; nor unle^ the owner of the claim 
shall make and subscribe an oath, before the register or receiver 
of the land office of the district in which the lands lie, which 
oath such register or receiver is hereby authorised to administer, 
that at the time he became the owner of the claim he had no no- 
tice or knowledge that the claim was fraudulent, or that the same 
rested upon any forged warrant, grant, order of survey, or other 
evidence of titje. And, for every entry made under the provis- J^^S^i*^ 
ions of this act, a patent shall issue, as though no Spanish o*^ ^j^rVTvIt 
French claim had ever been entered upon said land. 

Approved, AugUBl llth, 1842. 

CHAP. 154. — Ad act regalating the services of the several judges in the 
Territory of Iowa. 

^ I. BeU enaded^ ^c. That until otherwise ordered by law tJ, 
of the Legislative Assembly of the Territory of Iowa, the judges ^^' 
for said Territory lately appointed shall be, and they are hereby. 






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S884 184a Chav. li4^2fB. 

aitigned to Um mne dittricts to whioh ibm atme judgw '._^._^ 
ttvely^ were heretofore assigned bj the lav» oC Uie $md Tjt^iflt 
tive aaiemblj of the Territory of Iowa. 

Appravedy Augfui Uth, 1842. 

CHAF. 155. — An act in relation to the district court for the northero di*- 
trict of New York. 

CM or Ik* ^ 1. Be «l enacted, ^e., That it ahaH be lawM for tbecMi 
TS^r^^''^^ the district court for the northern district of New Yorbi tmm^ 



H»«^ point a deputy, who, in his abaeDee> may eaeretie all Ibo < 

powers of the said clerk, at the ?iiiage of Auburn, in tiie ceMlf 

D% I utukm^ Cayuga, in the said district. And soobdepttty^ before htt w 

u JSJ terson the discharge of his doiies, shall take tbe iteual etth fsi 

the faithful performance of his duties as such deputy. Aui mfltih 

yS^JSffhli'^^e hierein contained shall be held to excuse or veiease tke saM 
^^f^^' elerk from legal responsibility for acts performed by hie saidifop* 

oty, in t>ehalf of said clerk in the office aforesaid. 

Approved f August iUh, 1842. 

Aflt fiT IMS c 

tWi anu p^stro! CHAP. 202. — An act explanatory of an act entitled '< An aat to constitute 
the ports of Stonington, Mystic river, and Paweatuck river, a csUectjoii 
district." 

^ K Be it enadedy fyc.y That the first section of lbeaelew« 

th^iSi^SiSl^titted '' An act to constitute the ports of Siomngten, Myitsc Ht^ 

'^^^ er, and Paweatuck river, a collection district," shall be censtmed 

in the same manner it would have been had the words ^' from and 

afiter the thirtieth day of June next" been wholly onsilted iasaid 

aeotion. 

- '^ ai« lis ^ 2. And be it fwther enacted. That the aforesaid act cwti^ 

N A«fa«,||^ a ^Q i^^i x,Q constitute tbe ports of Stonington, Mystic river, 

and Paweatuck river, n collection district," approved Aogoat thiid 

eighteen hundred and forty-two, shall take effect in ail ils prov» 

iona, and be in force aa hereby explained, from a»d after tho said 

third day of August, eighteen hundred and forty-two^ 

Approved, August I€IA, IMS. 



CHAP. a03.--An act aatboriamg the eetttement and paytaeat of eertttin 

elaims of the State of Alabama. 

vfSTSdvfuA ^ \. Be it enacted, fyc. That the Secretary of War be, and 
■ti»?*.**»*!*»^ hereby is, directed to audit and adjust the claims of the Stale of 
Alabama, under such laws and regulations aa hate heretofore 
governed the Department in auditing and allowing the claims of 
the States on tlie United States, for moneys adtaAced and pala 
by said State, for subsistence, supplies, and services of local 
troops called into service by and under the authorities of aaM 
State, but not mustered into the service of the United States, and 
for provisions and forage furnished the friendly Indians during the 
Ci^ek and Seminole hostilities, in the years eighteen hasdred tad 
tbirty-aix, and eighteen hundred and thirty*eeven, in aX etfMs ill' 
wbidr tbo payinent Ivis for aebsfitdinM, euppHes^ Ml%te6, pMh^ 



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1842 — .Chap. 803—206. 2885 

ioDt, and forage, which would have been paid for under existing 

laws and regulations, if such troops had been mustered into the 

service of the United States, and the provisions and forage had 

been furnished by an agent of ihe United States ;^ and that the to ^"1^"'^ ''" 

sum so found due to said State be paid out of any'money in the , 

Treasury not otherwise appropriated: Provided, That in audit- ?*"»''»?• «"*»»*"•, 

• •• • • 1 I . J I • . . . - licaied cojiut of 

ing and adjusting said claims, duly authenticated copies of papers *o.«i p«peis, od- 

L • i_ i_ i_ I . 1 / • 1 ^* ^ ^, \ initieil, on proof 

Which have been lost or destroyed, upon due proof of such loss of such iom. 
or destruction, shall be received as evidence. 

^ 2. And beU further enacted, That the Secretary of WarJr.K^\S|;;™ 
be, and he hereby is, required to report to the House of Repre-;jJ;;,;*^^»,,Jg^,^^ 
sentatives a schedule of such claims as may be presented for ad- of Kopnfeat*. 
justment under this act, and not allowed, with the reasons for ' 
SQch disallowance, at the next session of Congress. 

Approved, August 16/&, 1842. 

CHAP. 204. — An act to change the name of the port of entry on Lake 
Erie, known as Portland, to that of Sandusky. 

^ I. Be U enacted, fyc, That from and after the first day of ^^^ mocto- 
October, in the year of our Lord one thousand eight hundred and b«r,i«4a,Voriiaod 
forty-two, the port of Portland on Lake Erie, in the district of d^Jkyf""*** *"" 
Sandusky, in the State of Ohio, shall be called the port of San- 
dusky. Approuedy August \6th, 1842. 

CHAP. 205. — An act to amend the act entitled " An act supplementary to Act of 1837, o, 
the act entided * An act to amend the judicial system of the United 402,voi.4.p.95a8. 
States.' " 

^ I. Be it enacted, SfC, That the fourth circuit shall be com- what dMrict* 
posed of the districts of Maryland, Delaware and Virginia ; •hjucompo.eihe 

The fifth circuit shall be composed of the districts of Alabama sthtwad'" 
and Louisiana ; • 

The sixth circuit shall be composed of the districts of North eihoireoiti. 
Carolina, South Carolina, and Georgia. 

The circuit courts in the district of Virginia shall be holden at jn^i^'u^ouru 
Richmond on the first Monday in May and on the fourth Mon-"^"«'"''*'*°<* 
day in November. 

The circuit courts in the district of North Carolina shall be* NonbCaroiiaA. 
holden on the fourth Monday of May and second Monday in De- 
cember. 

This act shall not take effect until the first day of February f^VtVibfJri 
next, before which time the justices of the Supreme Court of the »»<• 
United States, or a majority of them, shall allot the several dis- su^p?em«*couM*^* 
iricts among the Justices of the said Court. aiiotiheduirictt. 

^ 2. And be it further enacted. That when the time of^^,^'^^«»^ *c^- 
holding any court, by this act has been changed, all processes,pro-tiui<»f of b^idiog 
ceedings, and causes shall be returned and held to be continued *^""* 
to the said courts, at the times herein provided for their meeting, 
respectively. Approved, August \6th, 1843. 



8S 

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2886 1842 ^Ohap. 206— 2(». 

CHAP. -206. — An act requiring foreign regulations of commerce to be laid 
annually before Congress. 

' ^ I. Be U enacted, fyc, That it shall be the duty of the Sec- 
eo21SireSi*'ili* fctary of Stale to lay before Congress, annually, at the com- 
*?«««f^«>jjj"n»3roencement of its session, in a compendious form, all such chan- 
mnnkatwi. ges and modifications-in the commercial systems of other nations, 
whether by treaties, duties on imports and exports, or other reg- 
ulations, as shall have come to the knowledge of the Department. 

Approved August I6th, 1842. 

CHAP. 207.— An act to grant pre-emption rights to settlers on the •* Du- 
buque claim'* so called, in the Territory of Iowa. 

Oirtain lands ^ I. Be U cnacted, SfC, That the lands lying in the county 
teMmd for the Qf Dubuquc, iR the Territory of Iowa, heretofore reserved for 



j^^ claim _ 

'*bu ^ df ^ ^^^ Dubuque claim, so called, which have not been sold by the 
^ * " United States, by virtue of the acts of the foutth day of July, 
one thousand eight hundred and thirty-six, and the third day of 
March, one thousand eight hundred and thirty* seven, be, and the 
Butiwi,bat for^"*® """^ hereby, declared to be public lands, and that settlers on 
Mi<i »Mn«tton. said land, who but for said reservation would have been enabled 
!mption under Mrl to cntor the samo under the pre-emption laws of nineteenth June, 
2r MiSi!*""*' '"* one thousand eight hundred and thirty-four, twenty-second June, 
one thousand eight hundred and thirty-eight, first June, one thou- 
sand eight hundred and forty, or fourth September, one thou- 
sand eight hundred and forty-one, be, and they are hereby, au- 
thorized to enter the same at one dollar and twenty-five cents per 
acre, at any time within one year after the date of this act, upon 
ijj«*»»jto ••*■ complying with the provisions of either of said acts under which 
•ariiMtiaw. such pcrsou may claim ; the settlers under the earlier law being 
entitled to the preference over those under a subsequent one : 
FroTiiw: ]waaM Pfovided, That this section is not to be regarded as extending. 
^p'Ji^J*^'^ the right of pre-emption to lands reserved for lead mines, salt 
springs, school sections, or town lots : And provided further, 
iMflSrlSmprSJiThat should the said claim of Dubuque hereafter prove valid, 
™'*^^"PJ2J-. compensation to the claimants shall be made by the United States 
' in other public lands equal in quantity, subject to private entry. 

Approved August 16/ A, 1842. 

CHAP. 209. — An act to eetablish an auxiliary watch for the protection of pub- 
lic and private property in the city of Washington. 

Goardtobe ^ l- Bs U enocted, fyc. That there shall be established an 
tabiiiiMd. "auxiliary guard or watch for the protection of public and private 
property against incendiaries, and for the enforcement of the po- 
lice regulations of the city of Washington, consisting of a cap- 
^^JJiJ^'JiJl^JJ tain, to be appointed by the Mayor of the said city, at an annual 
iitiien.*ih«if pay, gaiary of one thousand dollars ; and fifteen other persons, to be 
employed by the captain, five of whom shall receive a compen- 
sation of thirty-five dollars per month, and the remaining ten, a 
compensation of thirty dollars per month* 

^ 2. And be it further enacted. That the .said auxiliary 



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184S Chap. a09— 21 0. JtSST 

gmrd shall occupy, as a rendezvoas, sacb building or part of ^J^Jl^ifhTSC 
building belonging to the United States, or furnished by the cor- ^•^ bytiMPna- 
poration of Washington, as shall be directed by the President of 
the United States, and shall be subject to such rules and regula- 
tions as may be prescribed by a board to consist of the mayor of Hniittotaiw*. 
the city of Washington, the attorney of the United States for the -^'^w^bow. 
District of Columbia, and the attorney of the corporation of the 
said city of Washington, with the approbation of the President 
of the United Stales. 

^ 3. And be it further enacted. That for the compensation ,i!d,****''*~^' 
of said auxiliary guard, and for the purchase of the necessary 
and proper implements to distinguish them in the discharge of 
their duties, the sum of seven thousand dollars is hereby appro- 
priated,lo be paid out of any money in the Treasury not other- 
wise appropriated. Approved^ Auguat 23d, 1842, 

CHAP. 210. — An act to amend an act, entitled " An j^ct to provide for the ^^^ ^j. jgjy ^ 
payment of horses, or other property, lost or destroyed in the military ser- Jg; »«>• 4, p. 
vice of the United States," approved the eighteenth day of January, eight- 
een hundred and thirty-aeven. 

^ \. Beit enacted^ fyc, That the above recited act be so Aeti6u>j«9»« 
amended, as to embrace the claims of any field, or staff, or other S^'Jl^S'S^ 
officer, mounted militiaman, volunteer, ransrer, or cavalry, who *»"^ ?•'*•*» "•^ 

■ I •! • 1 •.! ^1 w. er claim* fur the 

has or shall sustain damage, without any fault or negligence oni<»>orborNf;4u. 
his part, while in the military service of the United States, by the 
loss of a horse, destroyed or abandoned by order of the com* 
manding general or other commanding officer ,or by the loss of a 
horse by being shot, or otherwise lost or destroyed by unavoida- 
ble accident, without any fault or negligence of the owner, and 
when he was in the line of his duty, and for the loss of necessa* 
ry acquipage, in consequence of the loss of his horse, as afore** 
said, shall be allowed and paid the value thereof at the time of en- 
tering the service. 

^ 2. And be it further enacted, That in auditing and set- ^e u\5ftoiii?3 
tling the claims provided for in this, and in the act which this is conptroUw.wHwi 
intended to amend, an appeal may be taken and prosecuted fron^ 
the decision of the Auditor rejecting the claim, to the Second 
Comptroller of the Treasury, under the direction of the Secreta- 
ry, whose decision shall be conclusive. 

^ 3. And be it further enacted, That it shall, and may be BotMi, ac., 
lawful to make compensation for horses, bridles, saddles, and ulallnVyUMS 
equipments, turned over to the service of the United States, un-A>rood«rftctRui 
der the act approved October fourteenth, eighteen hundred and wb«o. '* ' 
thirty-seven, whenever it shall be made to appear that the peraon 
to whom they were ordered to be delivered was acting as an of- 
ficer, although there may be no returnsin the Department to show 
his regular appointment as such officer. And the certificates of 
proper officers, whether given durif^ or since the expiration of maw^ f 
their term of service, shall be receivable by the Auditor in the set- ^ 
tlement of such claims. Apprwed, August 99d, 1849. 



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2868 1842— €haf« 211. 

CHAP. 211.-— An act retpecting the oiganisation of the army, and for oUmT 

purposes. 

^ I. Be it enacied fyc^ That hereafter, and so soon as the 
wSiSSr"""^' reduction can be effected as herein provided, each company of 
drngoons shall consist of the commissioned officers as now provi- 
9.1 regiment oi (]ed by laiv, and of four sergeants, four corporals, two buglers, one 
(Jin^ud iolo ri- farrier and blacksmith, and fifty privates ; and the second regi- 
flemeo. ^^^^ ^^ dragoons now in service shall be converted, after ^e 

• u! J«t*p/°^* day of March next, into a regiment of riflemen : and each com- 
pany of artillery shall consist of the commissioned officers as now 
Ariiiterjr to be provided by law, and of four sergeants, four corporals, two arti- 
'*'**'* " ficers, two musicians and fo^Jy-two privates ; and each company 

Infantry to be of infantry shall consist of the same number of commissioned of- 
reducea. ficers as now provided, and of four sergeants, four corporals, two 

musicians and forty-two privates ; and that no recruits shall be 
No eniiitmenii®"'*®^^^ ^^^ ^^^ dragoons, artillery, or infantry, until the numbers 
tobemadetiiuf-in thc scvcral compauics shsll be reduced by the expiration of 
ucuon. ^^^ ^^^^ ^j. ^|.^j^g^ |jy discharge, or other causes, below the 

number herein fixed for the said companies respectively. PravU 

ProTifo : re-en- ^^^9 That nothing in this section shall be construed to prevent 

liiiTDxnt cf non- |}|q re-cnlistment of non-commissioned officers whose term of ser- 

commiMioned of- . . • i. i i n i • . . . 

flccrc aiiowod. vicc may expire before the army shall be reduced to the number 

heretofore established. 
p«?,!Ilendrnu S" ^ '^' ^^^ ** *' fufther etiocted. That the offices of the su- 
armories, at periutendcnts of the armories at Springfield and at Harper's Fer- 
SfliVpcn^ Ferry, ry shall be, and the same are hereby abolished, and the duties 
abolished. thereof shall be performed by such officers of the ordnance corps 
pr?rrmSd'°by*'*' ^^ ®'^^" ^® designated by the President ; and that from and after 
whom. the first day of October next, the master armorers, at the nation- 

al armories, shall receive, each, twelve hundred dollars, annually, 
ur* a*rmor«.!""' payable quarter yearly ; and the inspectors and clerks each eight 
JirymM;er.*''%!Sdh»n«* aud tho paymasters and military 

mihiaryiiorakoe-g^QrQl^eepers, st thc armorics, and at the arsenals of construction 
at Pittsburg, Watervliet, and Washington city, shall receive each 
twelve hundred and fifty dollars annually, payable in like manner, 
and the said paymasters and military storekeepers, shall give se- 
curity for the faithful discharge of their duties, in such sum as the 
Secretary of War shall prescribe. And the two military store- 
keepers, authorized by the act of seoond of March, one thousand 
eight hundred and twenty-one, shall receive each, twelve hundred 
and fifty dollars per annum. And no military storekeeper, at ar- 
senals, shall, after the first day of October next, receive as pay, or 
emoluments, beyond eight hundred dollars per annum, besides 
quarters actually provided and occupied as such, and the number 
authorized to be thus employed is hereby limited to ten ; and all 
other offices of military storekeepers are hereby abolished, and 
discontinued, on and after said first day of October, and the of- 
ficers hereby dismissed, shalt be allowed three months' pay in ad- 
dition to the pay and emoluments to which they may be entitled 
on that day. And none of the above named oiSicers, and no of- 



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1842 Chap. 211. 2999 

jieereat the armories, of any grade whatever, shall hereafter re- 
ceive emoluments of any kind, or any compensation or commuta- 
tion beyond their stipulated pay, in money, except quarters actu- 
ally provided for and occupied by such officers. 

^ 3- And be it further enacted. That the office of Commis-^gJ^ ^^comj 
sary General of Purchases, sometimes calleil Commissary of Pur- of Purchaaw 
chases, shall be, and the same is hereby abolished, and the duties 'Duties to'beper- 
thereof shall hereafter be performed by the officers of the Quar-J™*****'"'**""''' 
termaster's department, with such of the officers and clerks now 
attached to the Purchasing department as shall be authorized by 
the Secretary of War, and under such regulations ns shall be 
presribed by the said Secretary, under the sanction of the Pres- 
ident of the United States. 

^ 4. And be it further enacted. That, within one month nf- omcenof iin. 
ter the piissage of this act, the offices of one inspector general, JSymai.SJl?'*'! 
of three paymasters, two surgeons and ten assistant surgeons of IJ|3gJ||^, ■^'JJ^ 
the army shall be abolished, and that number of paymasters, sur- ^''^'^'^^^ 
geons and assistant surgeons, shall be discharged by the Presi- 
deoty and they shall be allowed three months pay, in addition to 
the pay and emoluments to which they may be entitled at the 
time of their discharge,. 

^ 5. And be it further enacted, That a competent person of?"SSlS?toiii. 
may be employed by the Ordnance bureau, under the direction P,*^nu'SJ5fu„ ^"JJ 
of the Secretary of War, for such time as may be necessary, to su- {gJJ,,'JU"°®° ■"' 
perintend the manufacture of iron cannon at the severtil found- 
ries where such cannon may be made under contracts with the 
United States, whose pay and emoluments shall not exceed those 
of a major of ordnance during the time he shall be so employed, 
to be paid out of the appropriations for armament of fortifica- 
tions ; and for the services rendered in such superintendence 
since the first day of March, ei(;;hteen hundred and forty-one, 
under the authority of the War Department; the same compen- 
sation shall be allowed as herein provided. 

^ 6. And be it further enacted. That the rations authoriz- Ratjoni mow-' 
ed to w allowed to a brigadier while commander-in-chief, and c«n hj acts of 
to each officer while commanding a seperate post, by the act of 97? and jem 
March third, seventeen hundred and ninety-seven, and to the SiTe^^aito^^'to 
commaDding officers of each seperate post, by the act of March J)Jj/*i^*17.*°«*'*- 
sixteen, eighteen hundred and two, shall hereafter be allowed to 
the following officers and no others ; to the major general com- 
manding the army, and to every officer commanding in chief a 
seperate army, actually in the field ; to the generals command- 
ing the eastern and western geographical divisions ; to the colo- 
nels or other officers commanding military geographical depart- 
ments ; to the commandant of each permanent or fixed post, 
garrisoned with troops, including the superintendent of the mili- 
tary academy at West Point, who is res;arded as the command- 
ant of that post. Approved^ August 2dd, 1842. 



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2890 1842 C^AP. 18f 

407^ V LA^& CHAP. 187. An act lo ppQnde f<^ the aatii&ctioa of claims an«ing mi- 
43.' ^ ' ' der the foorteeoth and oineteeath articles of the treaty of Dancing Rab- 
3.tntop!^^^°^ bit creek, coneiuded in September, one thoueand eight hundred ajad 
thirty. 

imt^^TJbl ^l. BeU ena^ed, fyc, That the act approved on the third 
"SSTin^jM-of March, eighteen hundred and thirly-se?en, entitled ** An aet 
tiM^iS|,*1SiS3^ for the appointment of coo^miseioners to adjust the claiina to 
reservations of land under the fourteenth article of the treaty of 
eighteen hundred and thirty, with the Choctaw. Indians : and al- 
so, the act approved on the twenty-second day of February, 
eighteen hundred and thirty-eight, entitled " An act to amend an 
act entitled ' An act for the appointment of commissioners to 
adjust the claims to reservations of land under the fourteenth ar- 
ticle of the treaty of eighteen hundred and thirty, with theChoc- 
taw Indians,' so far as the same are not repealed or modified by 
the provisions of this act,^ be, and the same are hereby, revived 
and continued in force until the powers conferred by this act 
shall be fully executed, subject, nevertheless, to repeal or modifr- 
Powera,4bc., creation by any act of Congress. And all the powers and duties 
4n ^S^'^^' of the commissioners are hereby extended to claims arisii^ un-* 
lath^kiT'^ot der the nineteenth article of the said treaty, and under the supple^ 
tofiaidtfSlty!*^* ment to the said treaty, to be examined in the same manner and 
with the same effect as in cases arising under the fourteenth ar- 
proTi«>:MUr7ticle of the said treaty : Prwidedf That the salary of saidCom- 
Seeni^tonEoa missioners shall not exceed the rate of two thousand five hun- 
dred dollars per annum. 
mSrSlS?*^" ^ 2. And be it further enacted, That subpoenas for the at- 
SdISc?^?^i'. tendance of witnesses before the said eommissioners, and pro- 
neawi, Ac. ccss to compcI such attendance may be issued by the said com- 
missioners, or any two of them, under their seals in the same 
manner and with the same effect as if issued by courts of record, 
m5^"iti,piSi'«^"d ^^y ^ executed by the marshal of any district, or by any 
cetB, *c,,-tEeir gherfff, deputy sheriff or other peace officer designated by the 
said commissioners, who shall receive for such services the same 
fees as are allowed in the discrict court of the United States for 
the district in which the same shall be rendered for similar ser- 
vices, to be paid, on the sertificate of the commissioners, out of 
the contingent fund appropriated by the fourth section of the 
act secondly above recited, which was approved on the twenty- 
second day of February, one thousand e'^ht hundred and thirty- 
0o5Snr' SSd eight, and which is revived by this act: Provided, That ooth- 
u!niJj«^ir^theing herein contained nhall be construed to revive such portion of 
SIS^L »1!r^'*® ^^* approved the third day of March, one thousand eight 
thoriMd. hundred and thirty-seven, referred to in the first section of this 

act, as provides for the employment and pay of the district attor- 
ney of either of the districts of the State of Mississippi. 
hiS?mS*2S * ^' -^^^ *^ itfyriher enacted^ That when the said coiqmis- 
iMT* nseartaintd sioncrs shall havc ascertained that any Choctaw has comjrfied or 
i^^^^u^^ offered to comply with all the requisites of the fourteenth article 
w1tb1bS'^ttr.<>f the said treaty, to entitle him to any reservation under that ar- 



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1842 Chap. 187. 8891 

tide, which requisites are as follows, to wit : that said Chocktaw ilSJi, Jr£i^, 
Indian did' signify his or her intention to the agent in person, ^^^^^^^I}!^^ 
by some person duly authorized and especially directed, by said '^ 
Indian, to signify the intention of said Indian to become a citi- 
zen of the State, within six months from the date of the ratifica- 
tion of the said treaty, and had his or her name, within the time 
of six months aforesaid, enroired on 'the register of the Indian 
agent aforesaid, for that purpose; or shall prove, to the entire orwid ladian 
satisfaction of the said commissioners and to the Secretary of he'didd^lbS 
War, that he or she did signify his or her intention, within the S!;2;";"«\jj;j; 
term of six months from the date of the ratification of the treaty ^^ 
aforsaid, if bis or her name was not enrolled in tbe register of the 
agent aforesaid, but was omitted by said agent ; and, secondly, ^^°*^y^ 
that said Indian did, at the date of making said treaty, to wit, on trMty, he owned 
the twenty-seventh day of September, eighteen hundred and and.lSdMX*^ 
thirty, have and own an improvement in the then Choctaw coun- foVhTg^tiirnUfil 
try ; and that having and owning an improvement, at the place «««on,aiiie««,&c^ 
and time aforesaid, did reside upon that identical improvement, 
or a part of it, for the term of five years continously, next after 
the ratification of said treaty, to wit, from the twenty-fourth of 
February, eighteen hundred and thirty one, to the twenty-fourth 
of February, eighteen hundred and thirty-six, unless it shall be 
made to appear that such improvement was, before the twenty- 
fourth day of February, eighteen hundred and thirty-six, disposed 
of by the United States, and that the reservee was dispossessed 
by means of such disposition ; and thirdly, that it shall be made h/m^^iJ^ 
to appear, to the entire satisfaction of said commissioners, and to SJJ^^y* ""^•^ 
the Secretary of War, that said Indian did not receive any other 
grant of land under the provisions of any other article of said Axkd4Uiiy tiwt 
treaty ; and, fourthly, that it shall be made to appear, in like ^Z^'i^eJi 
manner, that said Indian did not remove to the Choctaw country •^«»nt»y- 
west of the Mississippi river, but he or she had continued to re- 
side within the limits of the country ceded by the Choctaw In- 
^ dians to the United States, by said treaty of twenty-seventh Sep- 
' tember in the year eighteen hundred and thirty, it^hall be the 
duty of said commissioner, if all and eaph of the above requisites 
shall be made clearly to appear to their satisfaction, and the Sec- 
retary of War shall concur therein, to proceed to ascertain the 
quantity of, land to which said Indian, by virtue of the fourteenth Tbej ehaitM. 
article of said treaty, is entitled to, which, when ascertained, shall St^£dh?u 
be located for said Indian, according to sectional lines, so as to *h^V^io!^uSil 
embrace the improvement, or a part of it, owned by said Indian j;J^» !»*•"• *•" 
' at the date of said treaty ; and it shall be the duty of the Presi- ' 
dent of the United States to issue a patent to said Indian for said 
land, if he or she be living, and if not, to his or her heirs and le- 
gal representatives ; and in like manner shall the commissioners 
aforesaid ascertain the quantity of land granted by said article to ^^^'^^^^ 
each child of said Indian, according to the limitations contained Indian to be m- 
in said article, and locate said quantity, for said chrldren, contig-SI!![^^k!^ 
uous to and adjoining the improvement of the parent of such 'S^ >*^^ '*' 

Digitized by LjOOQ rC 



2892 1842 ^Ch ap.— 1 87. 

child or children ; and the President shall issue a patent for each 
tract of land thus located, to said Indian child, if living, and if 
not, to the heirs and legal representatives of such Indian child. 
If u. B. have Biit If the United States shall have disposed of any tract of land, 
fo^'Shich any"""^ *^ which any Indian was entitled, under the provisions of said 
ulTdl^heMihlSl fourteenth ariicle of said treaty, so that it is now impossible to 
tide, the com mil- fr'ive Said Indian the quantity to ^hich he was entitled, including 
loMrothe-iana. his improvements, as aforesaid, or any part of it, or to his child- 
ren, on the adjoining lands, the said commissioners shall, there- 
upon estimate the quantity to which each Indian is entitled, and 
allow him or her, for the same, a quantity of land equal to that 
allowed, to be tallen out of any of the public lands in the States 
of Mississippi, Louisiana, Alabama, and Arkansas, subject to ea- 
ceitifleatee for try at private sale; and certificates to that effect shall be deliver- 
ffiTen,iiow. ed, under the direction of the Secretary of War, through such 
agent as he may select, not more than one-half of which shall 
be delivered to said Indian until after his removal to the Choc- 
taw territory west of the Mississippi river. The said Comniis- 
commisBionen sioners shall also ascertain the choctaws, if any, who relioquisb- 

■hall ascertain , «• . i. • • .• . l- t • 

the choctaweed or otiered to relinquish any reservations to which he was ea« 
M^o^Si^^a^ tilled under the nineteenth article of the said treaty, or whom 
iiSI!**lIndS?'ure reservations under that article had been sold by the United States ; 
JJJ^^jJJ^*^^ and shall also determine the quantity to which such claimant 
tiona «oid; and was entitled ; and the quantity of land which should be allowed 
"**' *' him on extinguishment of such claim, at the rate of two-fitfts of 
an acre for every acre of the land to which said claimant was ea- 
titled, said land having been estimated under this article at fifty 
ciaim^^ahan bS ^®"^^ P®*" ^^^^ ' Provided, nevertheless; That no claini shall be 
eontideredor au Considered or allowed by soid commissioners, for or in the name 
dian wbMe name or behalf of any Indian claimant whose name doea not appear 
on*the"'*nitf***5f"P^" the lists or registers of claimants made by Major Anap 
Mflj. AnajtroBg, strong, special agent for that pur]^ose, in conjunction with the 
three chiefs of the three Choctaw districts, and returned to the 
Department of War in January, eighteen hundred and thirty- 
two, and who does not appear from those registers to be entitled 
to a reservation under said nineteenth article. 
to^p^thSi ^ ^' ^^^ ^^ **' further enacted, That the said commission- 
to ttST^pJSdent* ^*^^* within two years from the lime of their entering upon the 
irteB. 'duties of their offices, and as often as shall be required by the 

President of the United States, shalf report to him their proceed- 
ings in the prernises, with n full and perfect list of the names of 
all the Choctaws whom they shall have determined to be enti- 
tled to reservations under this act ; the quantity of land to which 
each shall be so entitled, the number of claims which can be lo- 
cated according to the provisions of the fourth aection of this 
ihT^JSTmitlteSf ®*^^' ""^' ®"^'^ ^' cannnol be located accordrng to the provisiona 
eni^ta ceaae^ of the f«)urth scction of this act ; and the powers and duties of 
the said commissioners shall cease at the expiration of two yean 
from the time of the first organization of theboard ; and tbeir^iro- 



Digitized by CjOOQIC 



1842 Chap. 187. 2893 

eeedings may be terminated by the President at any time previ- 
ous to the expiration of the said two years. 

§ 6. And be it further enacted. That the commissioners to commiwone™ 
be appomted under this act shall also ascertain and determine ci .imB mui r ■ ha 
the quantity of land to which any Choctaw or other person nam-TrJi^"*'"^ ^'^^ 
ed in the supplement to the said treaty of Dancing Rabbit creek 
was entitled by virtue thereof, and which such person has by any 
means been prevented from receiving. 

^6. And be it further enacted, That if the President of the, y^;';;j»pyj;7,{ 
United States shall approve and confirm the determination ^^the;;;";!';;^^^/,/^^^^^ 
commissioners heretofore appointed to invesiigate the claims 6X-[n^^8M'^»n'^rj'' ctru 
isting under the fourteentli article of the said treaty of Dancing d.'iivortri lo lUe 
Rabbit creek, in any case, he shall cause to be delivered to the ch!]^\aw. 
cliuaiant, if he be a Choctaw Indian, his legal representatives or 
faeirs, certificates, as provided by the fourth section of this act, 
for the r|uantity of land to which such claimant shall appear, by 
«uch determination, to have been entitled, in full satisfaciion and 
discharge of such claim : Provided^ Such determination was p^<>^'«* 
made by adhering, in every instance, to the requisites contained 
in the fourth section of this act : And provided also, Tiiat said Proviso. 
claims, nor cither of them, cannot now be located, according to 
the provisions of the fourth section of this act. 

^7. And be it further enacted. That distinct accounts shall ^f'j;;;;,",!^,!';! 
be kept of the certificates issued in satisfaction of the claims pro* ^^^^^^i^.^fJlllt 
vided for by this act, and of all expenses attending the execution jj'-iJ /"'°}„"*}[;^ 
of the' same ; and the amount thereof shall be retained and with-suus, 
held from any distribution to the States. 

^ 8. And be it further enacted, That nothing in this act con- comm'^Fiontn 
tained shall be so construed as to authorize the said commission- claims ot wirue 
ers to adjudicate any claim which may be presented by a white IJminei! 
man who may have had, or now has, an Indian wife or family ; 
and any patent to land, which shall issue on any Indian claim, 
under the provisions of the treaty aforesaid, shaH be issued to ll'e^pjt'jj^^jo^®**- 
Indian to whom the claim was allowed, if living, and if dead, 
to bis or her heirs, and legal representatives, any act of 
Congress, or usage, or custom, to the contrary notwithstand- 
ing. 

§ 9. And be it further enacted. That no claim shall be allow- ^i,^°.';j^;[f^,/°^J 
ed, under the fourteenth article of said trea'ty, if the said com-J^^j'^^f^j?;';^'^^^^^^ 
missioners shall be satisfied, by such proof as they may prescribe pr. vious lo ihe 

^i_ - • I • ( I 1 • t • • i A e.vpir.mon of the 

that said claim had been, previous to the expiration of five yearsii\ yr:.:..noin.is 
from the ratification of said treaty, assigned, eitlier in whole Qr'^-^^'^''^'^"'"* 
io part ; and in case of a partial assignment, or agreement for an 
assignment thereof the same shall be allowed so far only as the 
original Indian claimant was, at that date, the bona fide proprie- 
tor thereof. 

^ 10. And be it further enacted, That all claims under eillier^^ci.i'nR^ 
of the articles of said treaty mentioned above, or the supplemen-y;'-j'»^^r*verbar. 
tal articles thereof, which shall not be duly presented to said 
commissioners for allowance within one year after the final pas* 

Digitized by CjOOQ IC 



^94 1842> Chap. 187— 188. 

sage of this act shall be therearter forever barred. Approved, 
August, 23d, 1842. 

Act of 17% c. CHAP. 188. An Act farthel* feupplementary to an act entitled, " An act to 
», vol. l,p. ©. establish the judicial courts oP the United States," passed the twenty- 
fourth of September, seventeen hundred and eighty-nine. 

.p^S/SSStyTh; ^ ^- ^^ *' enacted, fyc, That the commissioners who now 
£"^' bau"^ &?* ^^®? ^^ hereafter may be, appointed by the circuit courts of the 
mayexerciseihe United States to take acknowledgments bf bail and affidavits, 
Sf^^plicf iitand also to take depositions of witnesses in civil causes, shall 
cemin caaes. ^^^ ^^^y gxcrcise all the powers that any justice of the peace, or 
other magistrate, of any of the United States rtiay now exercise 
in respect to offenders for any crime or oflfgnce against the Unit- 
ed States, by arresting, imprisotiing, or bailing the same, under 
And by virtue of the thirty-third section of the act of tlie twenty- 
fourth of September, Anno Domini seventeen hundred and eigh- 
ty-nine, entitled, ''An feict to establish the judicial courts of the 
United States ; and Who shall and may exercise all the powers 
that any judge or justice of the peace may exercise under and in 
virtue of the sixth section of the act passed the twentieth of Ju- 
ly, Anno Domini seventeen hundred and ninety, entitled *' An act 
for the government add regulation of seamen in the merchant * 
service." 
Ijttiiee wrjiwij* * ^ 2. And be a further enacted, That in all hearings before 

01 u. %> or com- -•,. ., ¥> % ^r ' k r^ .. 

miMioner, rnirany justice or judge of the United Stales, or any commissioner 
i^'^'^wUn/M^fl appointed as aforesaid, under and in virtue of the said thirty-third 
!^e for mekapl section of the act entitled <* An act to establish the judicial courts 
P*~*^*- ' of the United States," it shall be lawful for such justice, judge, 
or commissioner, where the crime or offence is charged to have 
been committed on the high seas br elsewhere within the admiral- 
ty and maritime jurisdiction of the United States, in his discre- 
tion to require ajecognizance of any witness produced in behalf 
of the accused, with such surety or sureties as he may judge ne- 
cessary, as well as in behalf of the United States, for their ap- 
pearing and giving testimony, at the trial of the cause, whose tes- 
timony, in his opinion, is important for the purposes of justice 
at the trial of the cause, and is in danger of being otherwise lost ; 
^ 8 td i»y^"^ ^^^^ witnesses ishall be entitled to receive from the United 
•ucii WitnenM States the usual compensation allowed to Government witnesses 
ernSeni*wfm«»^for their detention and attendance, if they shall appear arid be 
•**• ready to give testimony at the trial. 

Diitriet cotirt« A 3, ^^j ge U further enacted, That the district courts of 

to have concur- , %, .*« ini .••«•• ••« 

rent juriidiction the United States shall have concurrent jurisdiction with the cir- 
Murt8*^rf aiTSf- cuil courts of all crimes and offences against the United States, 
fence, not capi -^j^g punishmcnt of which 18 not capital. And in such of the dis- 
tricts where the business of the court may require it to be done 
iSKomw '^ d* '^'' the purposes of justice, and to prevent undue expenses and 
joornment Tor the delays iu the trial of criminal causes, itie said district cot^rts shall 
whOT°Vu"p«»wT^ monthly adjournments of the regular terms thereof for the 

j«.,iceroqmreit.j^j^, ^^^ hearing of such causes. 



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i84« — cwAF. m. aB9§ 

4 4. ^nd 6« tf further muMUd, That in lieo of the punish- i;£;^T;*JSa 
roent now prescribed by the sixteenth f^ctioo of the act of Con- •,•«•„ "L"*,-?/ 
gress, entuied, *< Ao act for the puoi3nment of certain crimes chaDgodmu not 
against the United States," passed on tiie thirtieth day of April •looor^fiyMr'^a^ 
Anno Domini one thousand seven hundred and ninety, for the 3^'lJ"iTu!; ol^ 
offences in the said section mentioned, the punishment of the ^'"**** 
offender, upon conviction thereof, sbaU be by fine not exceeding ^^ , .^ 
one thousand dollars, or by imprtsonoMnt not exceeding one year dc vol i, p. as. 
or by both, according to {he oaiure an4 aggravation of the of- 
fence. 

<^5. And be it further enacted. That the dtslrict courla as ^„{J^*;^{,»^*J; 
courts of admiralty, and ihe circuit courts aa courts of equity, \^^\ ''^^m^ 
shall be deemed always open for the purpose of iiiing libels, bills, lof ^SX biui 
petitions, answers, pleas, and oiher pleadings, for issuing and re- ^' 
turning mesne and final process and commissionB, and for mak- 
ing and directing ail interlocutory motbos, orders, rules, and oth- 
er proceedings whatever, preparatory to the hearing of all causes 
pending therein upon their iuejrlta. A/)d it abaU be cojupetjentdiilefi^d'm'rd 
for any judge of the court, upon reasonable notice to the parties t" jriiTrSS! 
in the clerk's office or at chambers, and in vacation as well as in ^^^coatM. 
term, to make and direct, and award all such process, commis- 
sions and interlocutory orders, rules, aad other proceedings, when* 
ever the same are not granlaUe of course according to Jibe rule? 
and practice of the court. 

<5> 6. And be it further enacted, That th.e Supreme Court j^^^p'^"' ^^^ 
shall have full power add authority from tinae to time tp pjescribe PT9^HhS!'^^n- 
and regulate, and alter the forms of writs ao4 P^ber process to be rol^rVr^^'bitb! 
used and issued in the district and circuit courts of the United regi'iiMhowhoto 
States, and the forms and modes of (n^miog aiJd ■fiU.ug libels, bills, p;j°'j^ '^ »•»* 
answers, and other proceedings and pl^a^jngs, ip suits at com- 
mon law or in admiralty and in eqgity pending in the s^id courts 
an(^ also the forms and modes of taking and obtainin|[ evidence, 
and of obtaining discovery, and generally the forms and modes 
of proceeding to obtain relief, and the forms and nriodes of pro- 
ceeding of drawing up, entering, and enrolling decrees, and the 
forms and modes of proceeding before trustees appointed by the 
court, and generally to regulate the whole practice of the ^aid 
courts, so as to prevent delays, and to proi§ote brevity and su/o 
cinctness in all pleadings and proceedings therein, and to abolish 
all unnecessary costs and expenses in any suit therein.. 

^ 7. And be it further enacted, That for the purpose of fur- .^^"pjJ™JJ^ 

ti<«.|. , ■ • . *' t« ^ n»r» powor to 

ther dimmisning the costs and expenses m suits and proceed ^ngsrac«tet0tii».»»ta 
in the said courts, the Supreme Court shall have full power and ctrcait court. 
authority, from time to time, to make and prescribe regulations 
to the said disirict and circuit courts, as to the taxation and pav* 
ment of costs in all suits and proceedings therein ; and to make 
and prescribe a table of the various items of costs which shall be 
taxable a'nd allowed in all suits, to the parlies, their attorneys, so- 
licitors, and proctors, to the clerk of the court, to the marshal of 
the district, and his deputies, and other officers serving process^ 



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2896 1842 Chap. 188-^114. 

to wilnessesy and to all other persons whose services are nsnally 
taxable in bills of costs. And the items so stated in the said table, 
and none others shall be taxable or aHowed in bills of costs ; and 
they shall be fixed as low as they reasonably can be, with a doe 
regard to the nature of the duties and services which shall be 
performed by the various officers. and persoi^ aforesaid, and shall 
in no case exceed the costs and expenses now authorized, where 
the same are provided for4>y existing laws. 
TntorcBt shall b« ^ 8. Afid tc U Juftker enacted y That on all judgments in 
"nd'hv the? mnrthl civil cascs, hereafter recovered in the circuit or district courts of 
"i^Iu'^^ir];; li" the united Slates, interest shall be allowed, and may be levied , 
"n7iir.^twr^r hy the marshal, under jwocess of execution issued thereon, in all 
iho u sT""'" «»'' cases where, by the law of the State in which such circuit or dis- 
trict court shall be lield, interest may be levied under process of 
execution on judgments recovered in the courts of such State, 
to be calculated from the date of the judgment, and at such rate 
per annum, as is allowed by law, on judgments recovered in the 
courts of such State- Approved, August 23d, IS'ia. 

401 voM p^S«^ ^^-^^^ 114.— An act making an appropriation to supply a deficiency in 

the navy pension fund. 

^1. Be it enacted, fyc. That the sum of .eighty-four tbous- 
pr?!!^?^to"n-'^and nine hundred and fifty-one dollars be, and the same is hereby 
tf.« naJ*''''"uJion appropriatcd, out of any money in the Treasury not otherwise 
fund. ^ appropriated, to supply any deficiency which may existin the na- 

vy pension fund, for the payment of the semi-annual navy pea- 
sion which will be due on the first day of July, eighteen hundred 
and forty two. 
z,m7frel^iod. ^ ^' ^^^ ^^ U fufthef enacted, That the act entitled "An act 
to provide for the more equitable administration of the navy pen- 
sion fund," approved March third, eighteen hundred and thirty- 
seven, be, and the same is hereby, repealed, from and after the 
first day of July, eighteen hundred and forty-two. And all pen- f\ 
r^^X'T«rV*ord! sions lo officcrs and seamen in the naval service shall be regula- 
ini to tho pay of (gj according to the pay of the navy as it existed on the first day 
JjL®* January, of January, one thousand eight hundred and thirty-five. 

^ 3. And be it further enacted. That so much of an actenti- 
i83d;VnriiinyVS^ tlcd " Au act direcring the transfer of money remaining unclaim- 
SmTfiVunciiiSd^^^y certain pensioners, and authorizing the payment of the 
S^'uiVhaidriTf^'"® ^^ ^^^ Treasury of the United States," approved April sixth, 
ng«ntt, extonCod eighteen hundred and thirty-eight, as requires pensions that may 
tM i4 months, j^^^^ remained unclaimed in the hands of pension agents for eight 
months to be returned to the treasury,l>e, and the same is hereby 
Act of 1838, c. repealed, and that the time within which such pensions shall be 
w,wite p, 2655. rciumed to the Treasury, be, and the same is hereby, extended 
to fourteen months ; subject to all the other restrictions and pro- 
visions contained in the said act. 

Approved, Auguet S8cf, 184S. 



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1842 Chap. 115—219. 2897 

CHAP. 115,— An act for the relief of certain aettlers in the Territory of 

Wiskonsan. 

^ I. Beit enactedf ^c, That every settler in the district ^',|?JjJ,52Jj^fJ 
lands subject to sale at Mineral Point, in the Territory of Wis- hm^bUn raiwi 
konsan, who shall show, by proof which shall be satisfactory to p?i7„i^"J*?f 
the register and receiver of the laud office at Miiscoday, that he,iJ^,/„-»*^''*; 
by cultivation and possession, as required by the pre-emption *ct jj!'|j'^*'jj[j«'^»«Y 
of the nineteenth of June, eighteen hundred and thiriy-four, was i«wed to intn 
entitled to a right of pre-emption ; and that he, the said settler, um SiMwUnT' 
was refused the privileges granted by said act, in consequence of 
the mineral character of the tract of land applied for by him, 
thai) be permitted to enter, at the rate of one dollar and twenty- 
five cents an acre, one complete quarter section of land, of any 
lands io said land district which have not yet been offered at 
public sale: Provided, That no tract shall be entered, by any ProrboMiimtH 
settler claiming under this act, which contains mines or discover- JJ'J,|,|*'J^~"JJ^{; 
ies of lead ore, or on which there may be an improvement, or on IJJJ^ b* ^'^pJi; 
which any person may have a residence, or which may have been ponoo. 
reserved from sale: And provided further, That the claimant 
under this act, and his witnesses, shall make oath, before a per-thTdllmntBhSii 
son duly qualified to administer oaths, to all the facts stated by J^JJ^JJ,!**'*** 
them. 

^ 2. And be it further enacted, That the provisions of thiSp^°'^^»45,*^„;J 
act be csarried into effect, in conformity with the instructions toijfj'jj'jjj^ 
which may be given by the Secretary of the Treasury, to the reg-dajtoiN «mptt- 
ister and receiver of the land office at Miiscoday. ^ ^'^' 

Approved, August 23d, 1 842. 

CHAP. 116. — ^An net to amend the acts of July, eighteen hundred and ^"^^^'^Kit 
thirty-aix, and eighteen hundred and thirty-eight, allowing pensions to Xet of ifie^ «. 
certain widows. »»» "*• p* «^- 

^1. Beit enacted, ^c. That the marriage of the widow, «f- ^ly^i'^X/^thT 
ter the death of her hu<<band, for whose services she claims a Toll h of her bi»- 
pension under the act of the seventh of July, eighteen hundred to^eJ*,I?oriS^!f 
and thirty ^ight, snail be no bar to the claim of such widow to JjJj'Jj'JpJJyiJj; 
the benefit of that act, she being a widow at the time she makes 
application for a pension. Approved, August 23(f, 1842. 

CHAP. 219. An act to authorize the selection of pchool lands in lieu of 
those granted to the half breeds of the Sac and Fox Indians. 

^\. Beit enacted,, ^c. That the County commissioners of,SSS^*t?il5 
the county of Lee, in the Territory of Iowa, be and they are J3"J}y^5«*^ 
hereby authorized to select, of any of the public lands of the Miction. 
United States subject to private entry within the Iowa Territory, 
one section for each entire township of land in the '< half-breed 
tract,*' in said'county, and a proportional quantity for each frac- 
tional township in said tract, under such rules and regulations as 
•hall be prescribed by the Secretary of the Treasury ; which landsajS^'to'^ 
When Mfafetad, ahall be iufajisct to the same ruler aod regQlattdnf SSRff^*''^'^ 



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2896 X84a— Ohap.«19— 2». 

Mpecting school kiMb, at the sizteeath ■ectioos in all the town- 
ships of the public lands are subject. Approved^ August 23d, 
1842. 



^ CHAP. 227. An act legalizing and making appropriations for suchoep 
cessary otiyects as have been uaaally included in the general appropria- 
tion bills withoat authority of law, and to fix and provide for certain itt 
cidentai expenses of the Pepartmeats and offices of the GovernmeDt 
and for other purposes. ^ 

^\. Beii emtctedj tfc, That it thaH be lawful for the m- 
ii£?£ltSSi?* oipective heads of the Departments of the General Governmeot to 
mm^iM^aSM^^f^^ <^ appoint the ofikers and persons hereinafter mentioned 
SS^'^^' *»~rn addition to those already provided bj law, in the offices, bu- 
reaus, and places connected witli their several DefwrtmeBts, aad 
at the following annual sahiries, that is to saj ; 

stio. i>ep«t. 1- IN THE DEPARTMENT OP STATE. 

"^saperiDtcDdeBt One Superintendent of the northeast Executive building, at 
A watchmen, ^j^^ huodrcd and fifty dollars, and three vatcbmeOyat three hoa« 
dred and sixty-five dollars each. 

Ti^ry D- 2. IN THE TREASURY DEPARTMENT. 

|Mrtme&t. ^ 

^M&cM ofFint In the First Comptroller's office, one assistaiu messenger, at 

« ^ '' three hundred and fifty dollars. 

Fizac Auditor. In the First Auditor's office, one additional clerk, at one thou- 
sand dollars. 

fleeoDd Aoditor. ii, ihe Sccond Auditor's office, one additional clerk, at one 
thousand dollars, until the second of April, eighteen hundred and 
forty-three. 

Third Auditor. In the Third Auditor's office, three additional clerks, two at 
one thousand one hundred and fifty dollars each, and one at one 
thousand dollars. 

FMutii Auditor. Jq the Fourth Auditor's office, one clerk at twelve hundred 
dollars. 

Fifth Auditor. In the Fifth Auditor's office, two clerks, under the act of sev- 
enth July, eighteen hundred and thirty-eight, at one thousand 
dollars each. 

Troamrer. The compensation of the derk authorized by the act of May, 

twenty-six, eighteen hundred and twenty-four, in the Treasurer's 
office is hereby increased to one thousand .dollars ; and the com- 
pensation of the clerk in the same office authorized by the act of 
July two, eighteen hundaed and thirty-six, is hereby inoreased to , 
one thousand tWK> hundred dollars. 

Regiittfaiid In the office of the Register of the Treasury, one loan clerk, 
to take effect {rom fifteenth April, eighteen hundred and forty- 
two, at one thouj9aad four hundred dollars. 

soueitor. Itt the offico of the Solicitor of the Treasury, three additional 

clerks, at one thousand one hundred and fifty dollars each, and 
one law clerk, at fifteen hundred dollars. 

dwSSJl^^ One. superintendent of the southo^^t executive building, at fiv 



»ad 



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1843 Chap. 287. 2899 

hundred dollars, and eight watchmen, at three hundred and six- 
tj-five dollars each. 

3. IN THE WAR DEPARTMENT. w« i>ep«t. 

ment. 

In the office of the Commanding General, one messenger, at ,^j^ ^^^SS' 
fi?e hundred dollars^ ai. 

In the office of the Adjutant General, OM messenger at five J^iotamoMr. 
hundred dollars. 

In the office of the Commissarj General of Subsistence, one ^ commiaaiy 
additional clerk, at one tfaonaatid dollars, one inessenger, fi?e mSSm, ^ 
hundred dollars. 

In the office of the oommisstoiier of Pensions, one messenger, of ^JSISraT*^^ ' 
at seven hundred dollars^ unlil the first day of January next after ° **"^* 
which there shall be two messengers only in said office, at a com* 
pensation of five hundred dollars eacK 

In the oflke of tbe Chief Engineer, one oaessenger at five hon- ohier Engiitm. 
dred dolhirs. 

In the office of the Surgeon General, one derk, at one thou-"'''>*^^otni. 
sand one hundred and fifty dollars, aiid one messenger at five 
hundred dollars. 

lathe oflice of the Colonel of Ordnance, one messenger at coioneioront- 
five hundred doUaie. . "'^ "^ 

In the bureau of Topographical Engineers, two clerks, each j^'SSSH^'**^ 
one thousand, one at one thpttsand four hundred, and one mes- 
senger at five hundred dollars^ 

One ^adperintendenC of the northwest Executive building, at , 
two hiifidred and fifty dollars, and four wetchmen, at three tiun«- 
dred and sixty-five dollars vacb. 

4. IN THE NAVY DEPARTMENT. ^ n*^ Depm. 
In the Navy Commissioners office, two addUionai clerks, at ^^Na^ coiunto. 

one thousand four hundred dollars each. eon ■ 

Two additional clerks, at one thousand two hundred dollars 
each. 

One supertntendent of the southwest Executive building ^^SS!^^I^ 
two hundred and fifty dollars, and three watchmen, at three hun- 
dred and sixty-five dollars each. 

6. IN THE OFFICE OF THE SERGEANT-AT-ARMS IS J^ of sei. 
THE HOUSE OF REPRESENTATIVES. KSJ^orS^p- 

One messenger at the daily compensation received by the oth- 
er messengers of the House of Representatives, and in lieu of 
ope of them. 

«. IN THE OFFICE OF ATTORNEY GENERAL. •ftlSK?,^'^ 

One messenger, five hundred doUam. 

^ e. Jtndbe U furiher enaaML, That in the Supnome Court B«pon«rtoSiu 
of ibe linked States one reporter ehall be apf»ointed by the court, •^S^'te!'" 
With the salary of twelve hundred and fifty doHars :. Praoided, ProviM: i«'d»- 
Tbe he deliver to the Secretary of State, for distribution, one u^j^^slSUSi 
hundred and fifty copies of each volume of reports that he shall ^^ ^^^ 



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2900 1842 Chap. 287. 

hereafter prepare and publish, immediately after the pablication 
thereof, which pubhcation shall be made annually, within four 
months after the adjournment of the court at which the decisions 
are made. 

^ 3. And be it further enacted. That the assistant librarian of 
•iSllrt'TibwiM the library of Congress shall receive eleven hundred and fifty 
mniSnlSr'' "^dollars, and the messenger seven hundred dollars, per annum, to 
take effect from the fir^t day of January, eighteen hundred and 
forty-two, in lieu of their present compensation. 
Acierk*tMiftry ^,4. And be U further enacted, That the clerk in the office of 
urjNtiJ^JSSI. the Secretary of the Navy, whose salary was fixed at eight bon- 
*^ * dred dollars by the act of the twentieth of April, eighteen hun- 
dred and eighteen, shall receive, in addition thereto, two hun- 
dred dollars. 
Additional Clark 4 5. And be it furthcr enocted, That the Secretary of tlie 
utj Tnuory. Treasury be, and he is hereby, authorized to employ an addi- 
tional clerk, as assistant in his office, at a salary of eighteen hun- 
dred dollars per annum ; and the superintendent of Indian Af- 
cik>rkt to vm^ fairs at St. Louis be, and he hereby is, authorized to employ one 
Akin%.iiiMib. clerk, at a compensation of twelve hundred dollars, in lieu of the 
two clerks authorized by the act of JMay ninth, eighteen hundred 
and thirty-six ; and so much of said last mentioned act as au- 
thorizes the employment of two clerks is hereby repealed. 
cJ**&?'"fathM- ^ ^' "^^^ ^^ *^ further enacted. That the several oflices, and 
isidumiiui July, employments hereinbefore mcfitioned are hereby made and de- 
itb^rwiM'hmUedclared to be lawful-, to all intents and purposes whatever; and 
hythawu |}jg rcspectiVc licads of Departments, under whom the same are 
held and exercised, are hereby authorized and empowered to fill 
the same, and to continue the exercise and discharge thereof, at 
the salaiTCs aforesaid, until the first day of July, eighteen hun- 
dred and forty-four, exce[)t snch as are otherwise limited in this 
ProyiM raiauve act : Provlded, That in all cases where any of the a foremen tion- 
(o^eircomiieM-^^ officcrs, or Other persons iierein authorized to be employed, 
have already been employed, and are now in the discharge of 
their respective duties or have been so since the first day of Ja- 
nuary last, under the authority of former appropriation bills, at 
a different rate of compensation than is hereby authorized and af- 
fixed to their respective places, they shall be entitled to receive 
the same rate of compensation heretofore allowed, and at which 
they have been retained in employment, froni the first day of 
January last to the time of the passage of this act. 
•50,000 appro- ^ 7. And be it farther enacted. That the sum of fifty thous- 
focuVreiaiMrure and dollars, or so much thereof as may be found necessary, be, 
**^'"- and the same is hereby, appropriated, for the year eighteen hun- 

dred and forty-two, out of any unappropriated moneys in the 
Treasury, to the objects hereinbefore specified. 
SlI"«?Sii?K: ^Q. And beU further enacted. That it shall not be lawful 
^^^Li^L^i ^^^ *'^® President of the United States to allow a dragoman at 
--"^ ' Constantinople, a salary of more than two thousand five hundred 



Digitized by CjOOQIC 



1842— -Chap.— 227. figol 

dollars; or a consul at^ London, a salary of more than two thou- 
sand dollars. 

^ 9. And be it further enadei, That tiie President of the Uni* saiuiefor riritn- 
ted States shall not allow to any minister resident a greater sumaSld. '*•"*'' 
than at the rate of six thousand dollars per annum-, as a compen- 
sation for all his personal services and expenses : Provided, 'i'hat^JJj**}»v. •■ 
it shall be lawful for the President to allow to such minister resi- 
dent, on going from the United States to any /oreign Country, 
ao outfit, which shall in no ca«e exceed one year's full salary of 
such minister resident 

^10. And be it further enacted. That the office of Architect j^^^iSSiJ?'^* 
of the Public Buildings be, and the same is hereby, discontinued 
and abolished. 

^11. And be it further enacted. That it shall be the AnXy ^J^f^i^ 
of the Secretaries of State, of the Treasury, War, and Navy, of ^JJl^JJ^'^^^** ^ 
the Commissioners, of the Navy, of the Postmaster General, of congre«!" 
the Secretary of the Senate, and of the Clerk of the House of 
Representatives, to report to Congress, at the beginning of each 
year the names of the clerks and other persons that have been 
employed) repsec:ivdy, during the preceding year, or any pan 
thereof, in their respective departments and offices, together with 
the time that each clerk or other person was actually employed, 
and the sums paid to each ; and, also, whether they have been 
usefully employed ; whether the services of any of them can be 
'dispensed with without detriment to the public service, and 
whether the removal of any individuals, and the appointment of 
others in their stead, is required for the better despatch of busi- 
ness; and no greater allowance shall be made to any such clerk, 
or other person, than is, or may be authorized by law, except to 
watchmen and messengers,] for any labor or services required 
of them beyond the particular duties of their respective stations, 
rendered at such times as does not interfere with the perform- 
ance of their regular duties. 

<^ 12. And be it further enacted, That no allowance or com- tailSSroVSJiw 
pensation shall be made to any clerk or oiher officer, by reason"'''*^* 
of the discharge of duties which belong to any other clerk or of- 
ficer in the same or any other department ; and no allowance or 
compensation shall be made for any extra services whatever, 
which any clerk or other officer may be required to perform* 

<^ 13. And be it further enacted. That it shall be the duly ^j.^.^'^^;;^ 
of each chief or principal cterk in the respective departments, **5i*'**JjJi*^J* 
bureaus, and other offices, to supervise, under the direction of 
his immediately superior officer, the duties of the other clerks 
therein, and to see that their duties are faithfully executed, and 
that such duties are distributed with equality and uniformity, ac- " 
cording to the nature of the case. And such distribution shall 
be revised, from time to time, by the said chief or principal clerk, 
for the purpose of correcting any tendency to undue accumula- 
tion or reduction of duties, whether arising from individual neg- 
ligence or incapacity, or from increase or diminution of particu- 
lar kinds of business ; and such chief or principal clerks shall 
35 



Digitized by 



Googk 



8903 1842 Chap.— 25J7. 

report monthly to his saperior officer any existing derect that he 
may be aware of in the arrangement or despatch of business ; 
and such defect shall be amended by new arrangements of do- 
ties, dismissal of negligent or incompetent officers, or otherwise. 
<^ 14. And be it further enacted, That it shall be the dtitj 
Manotr ia nfhith of the scTcral heads of Departments, in communicating estimates 
t? w^oSIJatiS ^^ expenditures and appropriations to Congress, and to any of 
toco^en. the committees thereof, to specify, as nearly as may be conven- 
ient, the sources from which such estimates are derivedy-and the 
calculalions upon which they are founded ; and, in so doing, to 
discriminate between such estimates as are conjectural in their 
. character, and such as are framed upon actual information and 
application from disbursing officers ; and, in communicating the 
several estimates, reference shall be given to the laws and treat- 
ies by which they are authorized, the dates thereof, and the vol- 
ume, page J and section, in which thcT necessary provisons are con- 
tained. 
Enpioyiiwift of <^ ] 5. And be U further enacted, That no extra clerk shall be 
•xti^ettr . employed, in any department, bureau, or office, at the seat of 
Government, except during the session of Congress, or when in- 
disfpensably necessary to enable such department, bureau, or of- 
fice, to answer some call made by either House of Cbngress at 
one session, to be answered at another ; and not then, except by 
order of the head of the department in which, or in some bureau 
or office of which, such extra clerk shall be employed ; and do 
such extra clerks for copying, shall receive more than three dol- 
lars per day, or for any other service more than four dollars per 
day, for the time actually and necessarily employed. 
umTm^f^hhn ^ ^^' ^^^ ^e it further enacted, That no messenger, assis- 
on, Jbo, * tant messenger, laborer, or other person, shall be employed io 
any department, bureau, or office at the seat of Government, or 
paid out of the contingent fund appropriated to such depart- 
ment, bureau, or office, unless such employment shall be author- 
ized by law, or shall become necessary to carry into effect 
some object for which appropriations may be specifically made ; 
and not exceeding one hundred dollars per annum shall be ap- 
plied by each department (except the Department of State,) 
rareii«Mof Mwi- f^^ ^1^^ purchase of newspapers for such department, and all the 
" bureaus and offices connected therewith ; and such papers shall 
be preserved as files for said department. 
io?*riSiJ7to*h2 ^ ^^' ^"^ *^ *^ further enacted, That all stationery, of every 
£raifh«dud%r. name and nature, for the use of the two Houses of Congress, 
flMrmed by eon- ^^j ^^n stationery and job printing, of every name and nature, 
for the use of the several departments of Government, and for 
the bureaus and offices in those departments at Washingtoo, in- 
cluding all stationery, blanks, wrapping paper, and twine, and 
mail bags, furnished the post offices and collectors' offices through- 
out the United States, shall hereafter be furnished and perform- 
ed by contract, by the lowest bidder, as follows : the SecreUry 
of the Senate, the clerk of the Hoiise of Representatives, ths 



Digitized by CjOOQIC 



m 1842 Chap. 227. 9WS 

head of each departmeot, and such deputy postmasters io the 
Post Office eatablishment, and such collectors in the custom* 
house establishment, as the Postmaster Creneral and the Secretary 
of the Treasury shall respectively designate for thQt purpose, 
shall respectively advertise, once a week, for at least four weeks 
in one or more of the principal papers published in the places 
where such articles are to be furnished, or such printing done, 
for sealed proposals for furnishing such articles, or the whole of 
any particular class of articles, or for doing such printing, or the 
whole of any specified job thereof,to be done at such place,specify- 
ing in such advertisement the amount, quantity ,and description of 
each kind of articles to be furnished, and, as near as may be,the!na« 
ture, amount, and kind of printtftg to be done ; and all such pro*-^ 
posals shall be kept sealed until the day specified in such adver- 
tisement for opening the same, when they shall be opened, by or 
under the direction of the officer making such advertisement, in 
the presence of at least two persons ; and the person offering 
to furnish any class of such articles, or to perform any specified 
portion or job of said work, and giving satisfactory security for ^ 

the performance thereof, under a forfeiture not exceeding twice 
the contract price in case of failure, shall receive a contract for 
doing the same ; and in case the lowest bidder shall fail to enter 
into such contract aud give such security within a reasonable 
time, to be fixed in such advertisement, then the contract shall 
be given to the next lowest bidder who shall enter into such con- 
tract and give such security. And in case of a failure to supply 
the articles or to perform the work, by the person entering into 
such contract, he and his sureties shall be liable for the forfeiture 
specified in such contract, as liquidated damages, to be sued for 
in the name of the United Stales, in any court having jurisdic- 
tion thereof* 

^ 18. And be it further enat^ed, That all such bids or pro- ponb to b* p!!i! 
posals shall be returned by the person authorized, as aforesaid, to ■*'^^> '^ 
receive the same, to the Executive Department from which such 
authority is derived, and shall be preserved in said Department, 
subject to such examination as Congress may at any time order 
and direct. 

' ^19. And be it further enacted, That no part of the con tin- puShlii rftaiS 
gent fund appropriated to any department, bureau, or office, shall ^«* 
be applied to the purchase of books, periodicals, pictures, or en- 
gravings, or other thing, except such books, periodicals, and 
maps, or other thing, as the head of such department shall deem 
necessary and proper to carry on the business of such department, 
and shall, by written order, direct to be procured for that pur- 
pose. 

^ 20. And be it further enacted, That it shall be the duty of ^^orur/o.T. 
the Secretary of the Senate, at the commencement of every ^Ji^njrTSl'' falSt 
regular session of Congress, to report to the Senate, and of the J^^j^**,! JJJS^ 
Clerk of the House of Representatives to report to the House, »d to coogiMi. 
and of the head of each Department to report to Congress, a de- 
tailed statement of the manaei^iii which the eoiicingent fund for 



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2904 1842— Chap. 227— fSS, ^ 

eaeb House, and or their respective Deparjments, and for the 
bureaus and offices therein, ha» been expended, giving the names 
of every person to whom any portion thereof has been paid ; 
and if for any thing furnished, tl>6 quantity and price ; and if 
for any services rendered the nature of such service, and the 
time employed, and the particular occasion or cause, in brief, 
that rendered such service necessary ; and the amount of all for- 
mer appropriations in each case on hand, either in the Treasury 
or in the hands of any disbursing officer or agent. And they 
shall require of the di^Mfrsing of&cers, acting under their direc- 
tion or authority, the return of precise and analytical statements 
and recepts* for all the moneys which may have been, from time 
to time during the next preceding year, expended by Ihem ; and 
the results of such returns and sums total shall be communicated 
annually to Congress, by the said ofikers^, respectively. 
Act sooi Apru« ^21. And be it further enaeted^ That the act entitkd " An 
2i?i'*t£'Siir,act to provide for the publication of the laws of the United 
^M^n uiSi*'®^®*®*' *^"^ ^^^ ^^^^^ purposes," approved April twentieth, eight- 
tM,^ ^*7JJ^een hundred and eighteen, so far as the same authorizes or rc- 
mnd^n itoa^ther*' quircs tho Is ws, rcsolutTons, treaties, and amendments of the Con- 
Mbihitod'^n' Destitution of the United States, to be published in any paper or 
£;;**'Jl^**'j;S;paper» printed in the difierent States or. Territories of the Unit- 
wmKII^A. ^ *®^ States, is hereby repealed ; and in lieu thereof, it shall be 
the duty of the Secretary of State to publish such laws, resolu- 
* tions, treaties, and amendments, in not less than two nor more 
than four of the principal newspapers published in the city of 
Washington for country subscribers, givtng the preference to 
such papers as have the greatest number of permanent subscrib- 
ers and the most extensive circulation ; for which the proprietor 
^imnmtion for of each paper shall receive, as full compensation, at the rate of 
, one dollar for each page of the laws, resolutions, treaties, and 
in'tMm of d^amendnients, as published in pamphlet form. And if it shall ap- 
JiViiJS'on "• !£ P^^""' ^" the examination 5f any account that there has beea 
iaSi^ M^ tS*'*^ unreasonable delay or intentional omission in the publication 
FubK^tion io ih«> of the laws aforesaid, the proper accounting officer .of theTreas- 
SmSLmi, jb«."~ ury is hereby authorized and required to deduct from such ac- 
count such sum as shall be charged therein for the publication of 
any laws which shall have been so unreasonably delayed or in- 
tentionally omitted ; and, in any such case, it shall be the duty 
of the Secretary of State to discontinue the publication of the 
laws in the newspaper belonging to such proprietors, and such 
newspaper shall in no event be again authorized, nor shall the 
proprietor thereof be again employed, to publish the laws of the 
United States. Approved, August 26^A, 1842. 



An Monal 
iCTio to bo hold 



CHAP. 228.— An act to establish a diatrict court of tbe United States in 
the cky of Wheeling, in the State of Virginia, 
mai to DO boM ^ I* Beit enacted, fyc.y That one annual term of the district 
•n^ooasth Aa- court of the United States, for the western district of Virginia, 

be holden in the city of Wheeling, on the twenty-fifth day of 

August. Approved, Auguai 26th, 1842. 

Digitized by CjOOQ IC 



• 1842 Chap. 229—230. 2906 

CHAP. 229. — An act ta provide for publishing an account of the discov- 
eries made by the Elxploring Expedition^ under the command of Lieu- 
tenant Wilkes, of the United States Navy. 

^1. BeU enacted, fyc, That there shall be publitbed, under p^^gKS* 'S„£j 
the supervision and direction of the Joint Committee on the Li- j^Qt''*^**2|f'*^ 
brary "an account of the discoveries made by the Exploring Ex-o«iBaHiM. ^"'^ 
pedition, under the command of Lieutenant Wilkes of the Uni- 
ted States navy ; which account shall be prepared with illustra- 
tions and published in a form similar to the voyage of the Astro- 
labe, lately published by the Goverment of France. 

^ 2. And be it further enacted^ That when such account Propoiiia ibr 
shall have been written, and the illustrations for the same shall IdSt«nS!!dAHr!^ 
have been prepared, an advertisement shall be inserted in the 
papers publishing the laws of the United States, inviting propos- 
als for printing one hundred copies of the same for the United 
States, to be delivered to the Librarian of Congress in a time, 
and at a price to be stipulated in such contract ; and the con- ^^^^'*^|^ 
tract shall be made with, and given to, the person offering and wrbind^l, ^ 
giving sufficient assurance to perform the work at the lowest 
price ; and on such contract being made, the " account" shall be 
delivered to such contractor. 

^3. And be it further enacted y That until other provision S'*ttp^!J*ta 
be made by law for the safe-keeping and arrangement of such p!?^^JBe'e *!!! 
objects of natural history as may be in possession of the Govern- 
ment, the same shall bo deposited and arranged in the upper 
room of the Patent Office, under the care of such person as may 
be appointed by the Joint Committee on the Library. 

Approved, August 26th, 1842« 

CHAP. 230. — An act to confirm the sale of public lands in certain casee. 

^ I. Beit enacted, SfC, That in all cases when any entry basM^rwu^JS!^ 
been made, under the pre-emption laws, of land which was ptib-{Ji;J„j;j",J5,,JjjJ 
lie land, subject to sale at the date of such entry, and when pa- f^^JI'Q^'^f" ^f* 
tents for the same have not been issued from the General Land qvmntfty excevii. 
Office, because of the original tract claimed, or the float arising in^h^^il^'ISl 
therefrom, exceeding the quantity specified in the law, or when ^ «,!!*» "STdS 
the adjudication has been made by the receiver and the clerk of *^'"'*» *^ 
the register, acting in the stead of the roister, or when the proof 
upon which the claim is foiinded is not in the . form, nor full, as 
to all the facts required by law, but substantially so, such entries * 

and sales are hereby confirmed, and patents shall be issued there- 
on, as in other cases: Provided, That the Secretary of the i^^^li? v^|^^ 
Treasury shall be satisfied that such entries have been in other J^^^^^ ^^ 
respects Jair and regular, and that the evidence sustains the 
claim ; that they are not contested by other persons claiming the 
same, and that no fraud shall appear in them : And provided, ^Xl^'^sSllm}!!^^, 
also, That the act of fourth Septemb^, eighteen hundred and JJ^l'Jf*; *°r*^ 

' ,,. ■ ,Y «i*i '•' ■ ngm or pro- 

forty-one, entitled "An act to appropriate the proceeds of theempt«onbyw««o» 
sales of public lands, and to grant pre-emption rights," shall be • trut* hSI^Miin* 
so construed as not to confer on any one a right of pre-emption ^*^ 

Digitized by CjOOQIC 



3006 1842 Chap- 230— 231. •• 

by reason of a settlement made on a tract heretofore sold under 
a prior pre-emption law, or at private entry, when such prior 
pre-emption or entry has not been confirmed by the General 
Land Office, on account of any alleged defect therein, and when 
such tract has passed into the hands of an innocent and bona 
fide purchaser. Approved, August 26 th, 184^2. 

CHAP. 231. — An act to regulate the pay of pursers and other officers of 

the navy. 

ii^"iw"tobl ^ 1- Beit enacted, if c, That all purchases of clothing, gro- 
m«d« wuh tiM ceries, stores, and supplies of every description for the use of the 
l«r r4uiuionf'u> navy, as well for vessels in commission as for yards and stations, 
uSa^M^ti^f.''^ shall be made with and out of the public moneys appropriated 

for the support of the navy, under such directions and regula- 
uTdilJSle'rfluJ* ^*^"* ®' "™*y ^^ made by the Executive' for that purpose ; and it 
m to oootn or shall not be lawfuI for pursers, or other officers or persons holding 
wra«MMi9t, commission or employment in the naval service, to procure storea 

or any other articles or supplies for, and dispose thereof to, the 

No {Mr eanuft officers or to the crew, during the period of their enlistment, on 

•u>ni,*^ori2?ihS ^"^ f^"* ^heir own account or benefit ; nor shall any profit or per 

faAraiMttar pro-QQQtage upon storcs or supplies be charged to, or received from, 

persons in the naval service, other than those which are herein- 

Ex«eutiTo to"^*®'' prescribedt 

pjjj^ido ^ ^ Mgau. ^ 2. And be it further enacted, That it shall be the duty of 

ciuM "ofatom^the Exccutive to provide such rules and regulations for the pur- 

'^' chase, preservation, and disposition, of all articles, stores, and 

supplies, for persons in the navy, as may be necessary for the safe 

and economical administration of that branch of the public ser- 

r» or Mn ^'^^* 

?«"•». ^ g ^^j j^ j^ further enacted. That in lieu of the pay, ra- 
tions, allowances, and other emoluments authorized by the exist- 
ing law^and regulations, the annual pay of pursers shall be as fol- 
. ^ lows, viz : when attached to vessels in commission for sea service, 
Mb in Qommtf- they shall receive, for ships of the line, three thousand five hun- 
***"' dred dollars ; for frigates or razees, three thousand dollars ; for 

sloops of war and steamers of first class, two thousand dollars ; 
Ac tarr irdf ^^^ ^^'^^^ ^nd schooucrs, and steamers, less than first class, fifteen 
'hundred dollars; on duty at navy yards at Boston,. New York, 
Norfolk, and Pensacola, two thousand five hundred dollars ; at 
Portsmouth, Philadelphia, and Washington, two thousand dollars ; 
AjftwmiiUtiaM.&^ naval stations within the United States, fifteen hundred dol- 
Uieooitttaf ■bipt'^'^ ' ^"^ ^" receiving ships at Boston, New York, and Norfolk, 
two thousand five hundred dollars; and at other places, fifteen 
Atothorpiaooi,* huudrcd dollars ; on leave or waiting orders, the same pay assur- 
oaiMTo. geons. And it is hereby expressly declared that the yearly pay 
Tewiy i»7 oi- provided in this act is all the pay, compensation, and allowance, 
ta^hi **«i^tholM'^*^ ®^^" be received, under any circumstances, by pursers, ex- 
•ingnjjUOTjj^ cept one ration each per day, when attached to vessels for aoa 
ikc.^'^'**'* service, and except, also, for travelling expenses, when fincter or- 
ders, for which ten cents per mile shall be allowed. 



Digitized by CjOOQIC 



1841 Chap. 231. 8907 

4 4. And b€ U further macted, That nolliing in thii at5t Jj^^^jJJj; 
coDtained shall be constraed to affect the bonds which have her6-&tiii«»cu ^ 
tofore been given by pursers in the navy, but the same shall re- 
main in full force and effect, as if this law had not been* passed ; 
and the Secretary of the navy is^hereby authorized and required NfJj "Lym^ 
to demand and receive fronri them, or any of them, new bonds, ■'^^ ^*^' 
with sttfRcient sureties, in all cases in which he may consider the 
same necessary and expedient ; and in case any purser shall neg^tingwViSSiU 
lect or refuse to give such new bond, it shall be the duty of t^CSbmii^d!* ^ 
Executive to dismiss him forthwith from the service. 

^ 5. Atyl be U further enacted, That the rules and regtila-j^J^lJ^'cJj!! 
tioos which shall be made in conformity with the prpvisions of crMi. 
this act shall be laid before Congress at their next session 



AdViMM 



noooyy 



^ 6. And be it further enacted. That it shall not be lawful lojlif^r 
for a purser in the navy to advance or loan any sum or sums of**"""**^^*' 
money, public or private, or any article or commodity whatever, 
or any credit, to any officer in the naval service, under any pre- 
tence whatever. 

^ 7. And be U further enacted, That the provisions of this g^S.lWif.*"'* 
act shall go into effect, within the United States, from the date of 
its passage^ and, in vessels abroad, at the beginning of the quar- 
ter after its official receipt. 

^ 8. And be it further enacted, That pursers attached to,and Pnn«ri «t wr. 
4oiog^duty in, navy yards, at Boston, New York; and 'Norfolk, ittoiS&JkU 
and sea-goiog vessels of a larger class than sloops of war, shall *^''^'- 
be authorized to appoint a clerk or assistant, to be approved by 
the commanding officer of such yard or vessel; and the yearly 
compensation of said clerk shall be as follows, viz: in a frigate J?JJJ^'**«p«'^ 
or navy yard at Boston, New York, and Norfolk, five hundred 
dollar^; in a ship of the line, seven hundred dollars. Said as- Hie pririieM 
sistant or clerk shall have the privileges which are allowed to thefu^S^nrttol! 
clerk of the commanding officer ; and each purser and clerk, ^^^°~ 
while attached to vessels in commission, shall receive one ration 
per day. 

^ 9. And be it further enacted, That all stores of pursers PnrMn*>torwoD 
OD board ships in commission shall be taken by the Government j^'jii ,^^ ^ 
at a fafr valuation, under the direction of the Secretary of ihejjjjj,**'^**^" 
Navy. 

^ 10. And be it further enacted, That all acts or parts of acts Act> ineoMist. 
which may be contrary to, or inconsistent with, the provisions of wpJlw,**'**"'' 
thb act, shall be, and are hereby, repealed. 

^ 1 1. And be it further enacted, That from and after th'j pas-,JJi4,*^BSJji' 
sage of this act, the annual pay of the forward warrant ofBcers^jpjJKS. 
of the navy of the United States shall be as follows ; for boat-" "* *"' 
swains, gunners, carpenters, and sailmakers, when on duty on 
board ships of the line, and in the three navy yards at Boston, 
New York, and Norfolk, eight hundred dollars ; on other duty^ 
seven hundred dollars ; when on leave of absence or awaiting or- 
ders, the said officers shall receive five hundred dollars for the 
first ten years, and after, six hundred dollars. 

^12. And be it further enacted, That whenever an officer 

Digitized by CjOOQIC 



2908 1842. Chap. 231^239. 



iiJuITi^Tm «haU perform the duty of a higher grade, by 
Sjfir 5"Sii5J ^""y ^^ ^^^ Navy, or the commander of a fte 
ummt, and Mtghio actiDC sindv on foreiflra aervice. such ofl 



order of the Secret 

^ fleeter squadron, or 

i^ilJ^ '^ ^^^P acting singly on foreign service, such officer shall be cnti«- 
tied to receive the pay of such higher grade during the time he 
performs the duty in that grade and no longer, and no allowance 
shall be made for performing such service hereafter^ unless so or- 
dered. Approved, August 26th, 1842. 

CHAP. 232.~An act to define and establish the fiscal year of the Treasu- 
ry of the United States. 

oa and ftfterbt ^ !• Bs tt ^nactcd, ^c. That on and after the first day of 
iJlJiolSS'aJlIJSl ^^''y' in the year of our Lord eighteen hundred and forty-three, 
OB IK Juij. the fiscal year of the Treasury of ihe United States, in all matters 
of accounts, receipts, expenditures, estimates, and appropriations, 
shall commence on the first day of July in each year ; and the 
inluMto hTwiIto ''^P^''* and estimates required to be prepared and laid before Con- 
•ooofdiafiy. gfess at the commencement of each session by the Secretary of 
the Treasury in obedience to the acts of Congress of the second 
IS, vol. 1. p. iiC' of September, seventeen hundred and eighty-nine, and of May 
tenth, eighteen hundred, shall be a report and estimates for each 
s6f^*'i/^!°79o'. ^^cb\ year commencing as aforesaid and terminating on the thir- 
tieth day of June in the succeeding calendar year. 

^ 2. And be ii further enacted. That it shall be the duty of 
Ati!%xtMMi<mthe Secretary of the Treasury, to submit to Congress at the com- 
rSTtotetiintoTJmencement of the next session, his annual report upon the state 
Mdt4^rate^i!ol^ the finances and estimates of appropriations required for the 
jm ISM. *^ support of the Government for the half calender year ending on 
the thirtieth day of June then next ; and separate and distinct 
estimates for the fiscal year ending on the thirtieth day of June, 
eighteen hundred and forty-four ; and estimates of receipts for 
TitUof ro-^^^ periods respectively ; and the style and title of all acts mak- 
pruikw Miif^^ ing appropriations for the support of Government, shall be as fol- 
lows, to wit : '* An act making appropriations (here insert the ob^ 
ject) for the year ending June thirtieth (here insert the calendar 
year.) 
i*Si"u*iSi eS- ^ ^' -^^^ ^^ it further enacted, That the accounts of receipts 
pondimrei to be and expenditures, required by law to be published annually, shall 
SwtoSSjS«r?*on and after the first day of July, eighteen htindred and forty- 
three, be prepared and published for the fiscal year as hereby es- 
3ofb'SSirtoS**Wished ; and the said accounts for the half calendar year end- 
MparaM. ' ing June thirtieth, eighteen hundred and forty-three, shall be pre- 
pared and published as required by law, separate and distinct ; 
and all laws and parts of laws inconsistent with the provisions of 
this act are hereby repealed. 
BtmtMMBta or ^ 4. And be ii further enacted. That the annual statements 
SStioSto'SlSlof the commerce and navigation of the United Slates, required 
2Ji*"«JJ/**»«''by law to be submitted to Congress on the first Monday of De- 
cember annually, shall be prepared and published for each fiscal 
soidftauBMottyeiLr as hereby established; and the said statements for the last 
Jj*Jjj"~'**** quarter of the present calendar year, and the two first quarters of 



Digitized by 



Google 



1842 Chap. 262— 280. 2909 

the year eighteen hundred and forty-three, - ending on the thir- 
tieth of Jiine,eighteen hundred and forty-three, shall be prepared 
and published, agreeably to the provisions of law, separate and 
distinct. Approved^ August 26/A, 1842. 

CHAP. 253. — An act to provide ah insane hospital for the District of Co- 
lumbia. 

^ \. Beit enacted, 4*^., That the Commissioner of the Pub- J'^j^"J*"ji? 
lie Buildings be, and he is hereby authorized and required, under ih«iaMii«r&e,^ 
the direction of the President of the United States, and upon a 
plan to be by him approved, to cause such alterations to be made 
in the old jail as will adapt it for the reception and accommoda- 
tion of the insane of the District of Columbia, and of such sick, 
disabled, and infirm seamen, soldiers and others, as may, by com- 
petent authority, to be hereafter prescribed, be deemed proper to 
be received therein, which building, with one half of the ground 
occupied by the old and new jails is hereby assigned for those 

purposes. Bo.rd of in.pect. 

^2. And he it further enacted, That on the completion of onto be «pi>oiiii. 
the said building, the President be authorized to appoint three **~^**"*' **""*** 
respectable persons, residents of the city of Washington, to be a 
board of inspectors of the, said institution, ivho shall hold their 
offices two years from the date of their appointment ; and whose 
duty it' shall be to have a general supervision of the concerns of 
the said hospital ; to appoint the necessary subordinate officers 
thereof; to prescribe rules for the admission and due regulution 
of patients therein, and to make an annual report to Congress of 
their proceedings, and of the condition of the said institution. $10,000 tppio* 

^ 6. And be it further enacted. That there be, and there is,P"****- 
hereby,, appropriated, the sum of ten thousand dollars for the al- 
teration of the said building and improvement of the grounds, to 
be paid out of any money in the Treasury not otherwise appro- 
priated. Approved, August 29th, 1842. 

CHAP. 280. An act to provide for the publication of a new edition of 
the laws and regulations of the Post Office Department and a perfect 
list of the post-offices in the United States. 

^ I, Be it enacted, fyc. That the Postmaster General be, and tinn,^Tnot*ieiJ 
he is hereby, authorized and required to cause to be collated and to be prim^'*'*^ 
printed in pamplet form, suitably for distribution, a complete 
edition, of not less than eighteen thousand copies, of the laws 
relating to the Post Office Department ; together with the regu- 
lations established by said Department for the better conduct of 
its business; and also a new and complete list of all the post-of- 
fices in the United States; showing their respective distances 
from Washington, and from the capitols of the States in which 
the several offices are situated. 

^ 2. And be it further enacted. That for the purpose of car- 99,100 appro. 
rying into efiect the provisions of this act, the sum of nine tbons- ^'^^^ 

8b- 

Digitized by VjOOQ IC 



2910^ 1848 Chap. 260— 282. * 

and one hundred doilare is hereby approprmtad, out of any money 
in the Treasury not otherwise appropriated. 

jipproved, August 29ihy 1842. 

Act of 1828, c. CHAP. 281. An act for creatiog a new land dietrict ia the State of Mia- 
i94.voi.3.p!i928! soufi, and for changing the boundaries of the aouthwestera and western 

land districts in said State. 
Put of the 

™!fS'?J? }fS? ^ I. Beit enaoted, A-c, That all that portion of the " western 

Dlttflcv and tne , •■..•• i i r r>* • t ■ a 

« Matte,, river land district. Created by an act of Congress, entitled " An act 

■Smte the p£Ste to establish an additional land office in the State of Missouri/' 

Land DiMriet. approved third of March eighteen hundred and twenty-three 

which is situated north of the Missouri river, together with the 

late northwest addition to the State of Missouri, commonly 

known as the *^ Platte river country," shall constitute a separate 

land district, to be called the Platte district. 

Rcffiater and ^2. And be it further enacted^ That there shall be a regis- 

JSmiS^efriSl ^®' •«'d a receiver appointed for said land district, who shall re- 

■ideoee. g\j^Q ^nd superintend the sales of the public lands a( such place 

_^ ^ as the President shall designate. They shall give security in the 

Their ■eeurity, j'^l j.l» .• 

eompettMDoii, e- same manner and in the same sums, and their compensation, 
mSI'JSSkmii^!*''' emoluments, duty, and authority, shall, in every respect, be the 
same in relation to the lands which may be disposed of at said 
* office, as are or may be provided by law relative to the registers 

and receivers of public money in the several offices established 
for the sale of the public lands. 
Partofthewuth- ^ 3. And bs it Jurt her enacted, That all that part of the 
et?d£trt!lie^^*o*^^hweslern district of Missouri which is situated north of the 
uS^OTLMrtiiflSn'''^® between townships thirty-four and thirty-five, and that por- 
imrict, tion of the Fayette land district lying west of the line dividing 

ranges twenty and twenty-one west, south of the Missouri river, 
is hereby annexed to, and shall make a part of tha western or 
i^eaUonoftfae Lexington district of Missouri, the office for which district shall 
be located at such place as the President shall designate. 
to'bl^ijillSdS ^ 4. And be U further enacted, That it shall be the duty 
the^ proper offl. ^f ^j^^ Secretary of the Treasury, as soojo as the same can be 
done, to cause the plats of the surveys of the new district here- 
by created, and of the portion annexed to the western district, 
to be deposited in the proper offices and he is hereby authorized 
•X- to allow and pay, out of the proceeds of the sales of the publio 
*°***P*^- lands, the reasonable expenses which may be incurred in car- 

AettoUk.efltet'y''"»*'»»^/^^V^^^^^^ , ^ m. .- t. n t . 

at the expirattoa <^ 5. And be %t further enacted^ That this act shall take ef- 
■ijc monthe. ^^^ ^^j ^^ j^ forcc from and after the expiration of six calendar 
months from the date of the passage thereof. 

Approved,^AugU8t 29th, 1842. 

■ ■■■ .■■ iiti I • I. ^ 

CHAP. 282. An act to provide further remedial justice in the courts of 

the United States. 

^ 1. Be it enacted, fye.^ That either of the justices of th^ 
Supreme Court of the United States, or a judge of any district 



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1842 Chap. jMS. BWl 

feourt 6f the United States, in Which a prisorrer is confined, in^^^^'i^ 
addition to the authority already conferred by law shall have pow-f!yiJ"**«'"°^^** 

« •* r I L 'Hi* • "'^' couns em- 

er to grant writs of hHbeas corpus mail cases of any prisoner orpo^^^i^ toinruit 
prisoners in jail or confinement, Where he, she, or they, being c!^^^^b«o sub! 
subjects or cit;zen8 of a foreign State, and domiciled therein, i?^!!c,'doi^d!S 
shall be committed or confined, or in custody, under or by any c^SSdy ofSe i? 
authority or law, or process founded thereon^ of the Uffll«d ^^^cIS^om^S! 
Slates, or of any one of them, for or on atcoont of any act done of'^l'*^ ^' 
or omitted under any alleged right, title authority, privilege, pro-** * '*'" 
lection, or exemption, set up or claimed under the commission, 
or order, or sanction, of any foreign Sale or Sovereignty, the 
validity and efiect whereof depend Upon the laW of nations, or upon return <»f 
undercolor thereof. And upon the return of the said writ, MdJ^^^i/iJ; 
due.proof of the service of notice of the said proceeding to the j^^j^^^^^e^iJ^to 
Attorney General or other officer prosecuting the pleas of the * " **""^ 
State, under whose authority the petitioner has been arrested, 
committed or is held in custody, to be prescribed by the said jus- 
lice or judge at the lime of granting said writ, the said josttee or ii^nm1e5'*to"S 
judge shall proceed to hear the said cause ; Iktid if, upon hearing Jjg^^£j^5 
the same, it shall appear that the prisoner or prisoners is or are j^j ihl^iMiirth^ 
entitled to be discharged from such confinement, commitment, ^^tK^ diRhafie 
custody or arrest, for or by reason of such alleged fight, title, au- 
thority, privileges, protection or exen\ption, so set up and claim- 
ed, and the law of nations applicable thereto, and that the same 
exists in fact, and has been duly proved to the said jastice or 
judge, then it shall be the duty of the said justice or judge forth- 
with to discharge such prisoner or prisoners accordingly. And And ir not, he 
if it shall appear to the said justice or judge that such judgment l^^d^f^^'^ 
of discharge ought not to be rendered, then the said prisoner or 
prisoners shall be forthwith remanded: Ptov%ded,ahaay8fThii^^^^JgP^^ 
from any decision of such justice or judge an appeal may be lak- |he ^i^^{^ ^ 
en to the circuit -court of the United States for the district in ouifeown. 
w^ich the said cause is beard ; and from the judgment of the ^{^^ ^Z^^^ 
said circuit court to the supreme court of the United States, on ^j^ wpreiiw 
such terms and under such regulations and orders as well for the 
custody and appearance of the prisoner ot prisoners as for send- 
ing up to the appellate tribunal a transcript of the petition, writ 
of habeas corpus returned thereto, and other proceedings, ds the 
judge hearing the said cause may prescrfl>e ; and pending 0ach^°^*^^J^ 
proceedings or appeal, and until final judgment be ""©"d^ered djjdjw^^ ^jjj 
therein, and after final judgment of discharge in \hb same, anyeooru nau aS 
proceeding against said prisoner or prisoners, in any State court, ^^ 
or by or under the authority of any State, for any matter or 
thing so heard and determined, or in process of being heard And 
determined, under and by virtue of such writ of h^as ciorpus, 
shall be deemed null and void. Approved^ A^^Utt 2Mhj 
1843. 



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t»l2 1842 Chap. 384. 

Act of ifi^^* CHAP. 284. An f^ct to provide for the aettlement of certain aceouuh for 
• ▼» iP- ^j^^ support of Government in the Territory of WiBkonsan and for other 

purposes. 

L4SJ!iT?**^A* ^ ^' Be it enacted, SfC. That the -proper accomiting officers 
Mmbif 10 to of the Treasury departcnhot be directed to aodit and settle the 
"^" ' occoiints fnr the expenses of the Legislative Assembly of the Ter- 

ritory of Wiskonsan, inclading the printing of the laws and other 
incidental expenses > which have not heretofore been closed and 
settled at the Treasury Department ; but no allowance shall be 

No extra com- ,- "'.'^ . • r t r • * » 

. peosatioo to wy made for extra compensation to any member of the Legislative 
ST'p^iiduiTf- Assembly of said Territory for extra services, except to the pre- 
***''*"• siding officers of the two Houses of said Assembly, nor for extra 

compensation to the Secretary of said Territory, nor to the Clerk of 
either House of said Legislative Assembly for the perfonn^nce 
of duties required by law, nor for any other purpose not authorized 
by the eleventh section of the aqt of Congress, approved April 
twenty, eighteen hundred and thirty-six, entitled " An act estab- 
lishing the Territorial Government of Wiskonsan ;" and the in- 
cidental expenses therein authorized shall be construed to be 
the ordinary and necessary expenses of the sessions of said Leg- 
islative Assembly, and no other. 
riSi« to u^^dl ^ 2. And be it further inaded, That all accounts for dis- 
fell!l«** **** bursements in the Territories of the United States, of money ap- 
propriiUed by Congress for the support of Government therein, 
ihT^uJuktui^f*^^** ^® settled and adjusted at the Treasury Department; and 
Jx'**udmir?" " "® ^*^^' resolution, or order of the Legislature of any Territory, 
oxpe ure. (directing the expenditure of the sum, shall be deemed a suffi- 
cient authority for such disbursement, but sufficient vouchers and 
y^mlUT^^K^ proof for the same shall be required by said accounting officers. 
mpproTedbjCoD-^j^j no payment shall be made or allowed, unless the Secreta^ 
No BMsion to of the Treasury shall have estimated therefor, and the object been 
i! aJlJJJpmuSn! aPP''o^®^ ^y Cougrcss. No session of the Legislature of a Ter- 
wbat ofR<^r« ritory shall be held until the appropriation for its expenses shall 
•iiowe<i,*iid ihoir j^^^^ jj^g J made. In the adjustment of said accounts, no charge 
for the services of a greater number of officers, and attendants 
* shall be allowed than for one secretary and assistant secretary, or 
clerk, one sergeant-at-arms, or doorkeeper, one messenger, and 
one foreman for each House of the Legislature, to neither of 
whom shall a greater compensation than three dollars per day 
bmmuHoi of^ P^i<l* And it shall be the duty of the Secretary of each 
JiSpJirlho «cS'^®''^'^^7 ^^ prepare the acts passed by the Legislature for 
for puUieatioD, publication, and to furnish a copy thereof to the public 
*^ printer of the Territory, within ten days after the passage of each 

act. 
aiiJ"t?"bo^£L ^ 3. And he « AiW&ar enacted, That whatever sum of mo- 
ney shall be found due, upon such auditing and settlement, be* 
yond the amount of former appropriations, whether the same have 
been expended or not, be paid out of any ml>ney in the Treasu- 
ry not otherwise appropriated. 
^ 4. AnH bis U fwtkbr enacted, That said accounting officers 



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1842 Ohap. 284—316. 2913 

of the Treasury be directed to audit and settle the accoonis for^^i^^^^^h^ 
expenses of the Legislative Assembly - of ihe Territory of Flor« ••n»>>i/ or riorr 
ida, not heretofore audited and settled, in the same nnnnner and in Iim BmnrmMi! 
opon the same princi(iles herein pn*scribcd for the settlement of|!2!^tdw|j!r. 
the accounts oft he Territory of Wiskonsan ; and whate%*er sum 
of money shall be found due, upon such auditing, be paid oQt of 
any money in ihe Treasury not otherwise appropriated. 

Apporvedy August 29th , 1842. 

CHAP. 315. An net eaplementary to ^' An act to provide for the adjust* Aei oT wm. «. 
meat of titles to land in the town of Detroit, and Territory ol Michigan *^ '^ *** "'• 
and for other purposes," passed April twenty-one, eighteen hundred and 

'^^' Mayor. r««of^ 

^ \. Be it enacted, ^c, That the mayor, recorder, and al- 5' •"jJi^JJl*'";^ 
dermen of the city of Detroit, in the Slate of Michigan, be, and jjj'j!}jjj»^jjj 
they, or a quorum of them in council assembled, are hereby au- ^^f f^ to whicii 

t • • I ■ i« II i« I • • • thi« tofopplMMB* 

thonzed to hear, examine, and nnally adjust, all claims arising ury. 
under the act to which this is supplementary, against the gover- 
nor and judges of the late territory of Michigan, and receive all 
moneys, or other rights to property^ to which the said governor 
and judges were entitled, or became entitled under said act. th^ilS*^^*^ 
^2. And be it further enacted , That the said mayor, re-eefre joamh] 
corder, and aldermen, of the said city of Detroit be, and they .^tili^^^SllitorMi 
are hereby, entitled to receive from any person or persons having ''^p'"***- 
the possession of th^ same, the journals, records, papers, and 
books of the governor and judges of the late Territory of Mich- 
igan, acting as a land board, under the act of April twenty-first, 

one thousand eight hundred and six, to which this is a supple- mtd^in tTht 
ment ; and that all powers and rights vested by the said act in Sjoi'ilJllJfcJ 
the said governor and judges, for the purposes therein mentioned 
arc hereby transferred and vested in the mayor, recorder and al- n^ ^, ^^ ,^ 
dermen, of the city of Detroit, in the Siate of Michigan. And thmilSto {tiS- 
the s^d mayor, recorder, and aldermen, ore hereby authorized tol!SlSiJ«?. ^^ 
instituie proceedings at law or in equity, in any court of compe- 
tent jurisdiction, in all cases where it may be necessary to carry 
into effect the purposes of this act. 

' ^ 3. And be it further enacted, That any land or other pro-^^^^U^ tCT'SSt 
pertVy realor personal, remaining, except the court-house^ and i>mm >»'>"• 
jail erected under the act to which this is a supplement, after sat- In 'jaM^eiliiMll 
isfyingall just claims provided for in the first section of the act ]^i^ ."irbTdS^ 
to which this is a supplement, is hereby vested in the said mayor, i***^ "'' ^''^ 
recorder, and aldermen, of the ciiy of Detroit to be disposed of 
by them at their discretion to the best advantage ; and they are 
hereby authorized to make deeds to purchasers thereof, or other 
sufficient conveyances ; and the proceeds of the land or other 
property, effects or claims so disposed of, and of other rights and 
claims of the said governor and judges, shall, after the payment 
of all necessary expenses incurred in gi%ing eflfect to said act and 
to this ftcl, and in the adoption of such measures as they may deem 
necessary for preserving in proper form the records and other evi- 
dkocNOf tboinobsedings of saidgovernorand judges be applied by 



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£914 1843 Ohap. 3l5^-4ll 

the Mid mayor, tedorfci'and aldermen, tosacih object or objects of 

Mn or.i^. toP***^'*^ imprdverrtent in mid dry, as the said mayor, recorder, and 

uko an *oaih; or aldermen, may in council direct. And the said mayor, recorder 

» maUua. ^^^ aldcfmen are hereby reqotred to take an oath or affirmation 

for the raithfol discharge of their duties under this act, and make 

a report to Congress, in writing, of their proceedings, on or he* 

fore the first day of January, one thousand eight hundred and 

forty-four. ApprovM^ August S9/A, 1842. 

CHAP. dl7.-^AD act td authorize the States of Indiana and IlIinoiB to b&» 
lect certain quantities of land in lieu of like quantities heretofore gran- 
ted to the said States, for the construction of the Wabash and Brie and 
the Illinois and Michigan canals. 

undiiMtMMiec. ^1. Beit tHadtdy ^c, That there be vested in the Stat^ of 

thorit7'''of* The Indiana twenty-four thousand two hundred and nineteen acres, 

StSr?n SU'^c^and fourteen hundredths of an acre of land to be selected undef 

SSwSI^^iSithe nmhority of the Governor of said State, from any of the un- 

Erie canal. g^,|j public lamJs thereiifl, rtot Atlbjcct to the right of pre-emption, 

Actofiaa? «2i3,*' *** equivalent for ciertatn fands covered by Indian reservations 

Tol3,p.3b64. in the lands acquired bv treaties With the Miami Indians, in the 

years eight^n hondred and thirty-seven and eighteen hundred 

and thirty-nirre, respectively, Ahd which, had said reservation* 

Aot been p^fmlitted Orsillowed, would have belonged to said State 

in virtue of the ad of the second of March, eighteen hundred 

and twenty-severt, entitled '* An act td grant a certain quantity of 

land to the State of Indiana, for the purpose of aiding said State 

in opening a canal to connect the Waters of the Wabash river with 

those of Lake Erie.^* 

ooYernwofim- ^ *• ^fid beitfuttkir endcted, That the Governor of the 

wSi^SSl'TobS State of Illinois is hereb]^ ituthorized to cause to be selected, from 

•pi«ci«j,in Heu of jj^y of the uusold public lands in (hat •State, not subject to the 

otherairraniea for ^ J •%■ »^ ^ ^ t i • ■• 

the luiooia aud |<ight of preemption, the quantity of nve thousand seven hundred 
''*'**"^^ ' and sixty acres, in lieu of sections numbered three and nine, in 
township thirty-two, north of range three east ; sections thirteen 
iS,%*^6^^ find twenty-one, in township thirty-four, north of range six east; 
sections twenty-five and thirty-three, in township thirty-three, 
north of range elevdn east ; and sections thirteen, nineteen and 
twenty-one, in township thirty-three, north of range eight, east of 
the third principal meridian, heretofore selected by the said State 
under << An act to grant a qtlanttty of land to the Stale of Illinois 
for the (^urpcfse cff aiding in optMng a canal to connect the wa- 
ters of the Illinois riV^r i^ith thote of Lake Michigan," but which 
had been sold and patented to individuals by the United States, 
before the location by th6 said Stliti^ had been approved. 
^ 3. And be it funhUr enadM, That the selections of landd 
wJSS'SslSJS! 'nade under this act sbafll be repdti^d by the Governors of the 
w7y*'lnIi\SSr States respectively, W (h^ SetMk^y 6t th6 TrdhLSury, arid appro- 
j«ibyu«#mi-^ed by tHtf PV6<ld^n< #f ih$ VtiUM dit\t% 
"^ AppN»Ml, AUgUkitm, l&\&. 



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1842 Chap. 3l8. 8915 

CHAP. 318. An act in addition to an act to promote the profress of the A«t of isas. «. 
useful arts, and to repeal all acU and parts of acU heretofore jaadeasM. ^' ^' 
for that purpose. 



^ 1. BeU enadedj fyc, That the Treasurer of the United ^^^^,^^^ 
Slates be, and he hereby is, authorized to pay back, out of the inok. oat or ulS 
patent fund, any sum or sums of money, to any person who shall ullTU^^id 
have paid the same into the Treasury, or to any receiver or de-"*** 
positary to the credit of the Treasurer, as for fees accruing at the 
Patent Office through mistake, and which are not provided to be 
paid by existing laws, certificate thereof being made to said 
Treasurer by the Commissioner of Patents. 

^ 2. And be it further enacted, That the third section of^^^^ jj* 
the act of March^ eighteen hundred and thirty-seven, which au-.tendcd io|Mreni« 
thorizes the renewing of patents lost prior to the fifteenth of De- ^hS^^JS^lsai 
cember, eighteen hundred and thirty-siv, is extended to patents iUjSfSuj?**^ 
granted prior to said fifteenth day of December, though they may 
have been lost subsequently : Provided, however, The same shall J^^' J^ 
not have been recorded anew under the provisions of said act. under nid ml 

§ 8. And be it further enacted, That any citizen or citizens, 
or alien or aliens, having resided one year ia the United States w^^^^i^ n. 
and taken the oath of his or their intention to become a citizen SSTu?"!'*^ 
or citizens who by his, her, or their own industry, genius, efforts, ^^l^^*^^ 
and expense, may have invented or produced any new and origi- JJtl iSw** ***' 
otti design for a manufacture, whether of metal or other material 
or materials, or any new and original design for the printing of 
woollen, silk, cotton, or other fabrics, or any new and original 
design for a bust, statue, or baa relief or composition in alto or 
basso relievo, or any new and original impression or ornament, 
or to be placed on any article of manufacture, the same being 
formed in marble or other material, or any new and useful pat- 
tern, or print, or picture, to be either worked into or worked on, 
- or printed or painted or cast or otherwise fixed on, any article of 
manufacture, or any new and original shape or configuration of 
any article of manufacture not known or used by others before 
his, her, or their invention or production thereof, and prior to 
the time of his, her, or their application for a patent therefor, 
and who shall desire to obtain an exclusive property or right 
therein to make, use, and sell and vend the same, or copies of 
the same, to others, by them to be made, used, and sold, may 
make application in writing to the Commissioner of Patents ex- 
pressing such desire, and the Commissioner, on due proceedings 
had, may grant a patent therefor, as in the case now of applica- 
tion for a patent : Provided, That the fee in such cases which on?h2r?he Jm 
by-the now existing laws would be required of the particular ap-i^^^ required; 
plicant shall be one half the sum and that the duration of said iMtent^" Vm 
patent shall be seven years and that all the regulations and pro-Si^'n''cS*'ii!^ 
visions which now apply to the obtaining or protection of patents i*^jySl£>j?S 
not inconsistent with the provisions of this act shall apply to ap* 3!S*^*2I^^* 
plications under this section. 



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2916 1842 ^Chap. 318—319. 

^ 4. And be it further enacted. That the oath reqoired for 
u^bSSL lJ^applicants for patents may be taken, when the apphcant is not, 
^ ***""'•"»*•• for the time heing, residing in the United States, before any 
minister^ plenipotentiary, charge d'aflfaires, consul, or commer- 
cial agent holding conofnission under the Government of the 
United States, or before any notary public of the foreign coun- 
try in which such applicant may be. 
TwUf ofimt ^5. And bHt further enacted^ That if any person or per- 
iHth ^SSti,^*foi«on8 shall paint or print, or mould, cast, carve, or engrave, or 
S*"rijbtt^*"i^**»™P» "P^" '^"y *^'"S made, used, or sold, by him, for the sola 
^'k^T' ^''^^ni^'king or selling which he hath not or shall not have obtained 
^" '' letters patent, the name or any imitation of the name of any 

other person who hath or shall have obtained letters patent for 
the sole making and vending of such thing, without content of 
such patentee, or his assigns or legal representatives ; or if any 
person, upon any such thing not having been purchased, froia 
the patentee, or some person who purchased it from or under 
such patentee, or not hnving the license or consent of such pa- 
tentee, or his assigns or legal representatives, shall write, paint, 
print, mould, cast, carve, engrave, stamp, or othenvise«make or 
affix the word " patent,'' or the words " letters patent," or the 
word '* patentee," or any word or words of like kind, meaning, 
or import, with the view or intent of imitating or counterfeiting 
the stamp, mark, or other device of the patentee, or shall affix 
the same or any word, stamp, or device, of like import, on any 
unpatented article, for the purpose of deceiving the public, be, 
she, or they, so offendiug. shall be liable for such offence, to a 
penalty of not less than one hundred dollars, with costs, to be 
'recovered by action in any of the circuit courts of the United 
States, or in any of the district courts of the United Slates, hav- 
ing the powers and jurisdiction of a circuit court ; one half of 
which pen«nlty, as recovered, shall be paid to the patent fund, 
and the tnhcr half to any person or persons who shall sue for the 
same. 
phtetitMM &o ^ ^' "^^^ ^* *^ further enacted^ That all patentees and ai« 
nqairwito'ina/ksignees of patents hereafter granted, are hereby required tostamp, 
fo^MiT. ^'^ engrave, or cause to be stamped or engraved, on each article 
vended, or ofTcred for sale, the date of the patent ; and if any 
person or persons, patentees or assignees, shall neglect to do so, 
j^»ity for aeg. i^g^ shc, or they, shall be liable to the same penalty, to be re» 
covered and disposed of in the manner specified in the foregoing 
fifth section of this act. Approved, August 29th, 1842. 

CHAP. 319. An act to provide for the reports of decisions of the Sa- 
preme Court of the United States. 

Boport«r «p- ^ I • Bs it enactcd, Sfc, That the reporter who shall, froin 
p<^»jd^^so-time to time, be appointed by the Supreme -Court, shall be en- 
nSIU ei^titled to receive from the Treasury of the United States, as an 
^to!!'*^ ^annual compensation for his services, and for the copies of the 
annual volumes of the reports be is hereinafter inquired to ddiver 

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1842. Chap. 319— 282. 2 917 

lo the Secretary of State, the tiiin of ^thirteen hundred dollars : 
Provided, That the compcnaatio.n shall not be paid unless* the ^^^^"^^^ ^^- 
said reporter shall print and publish, or cause to be printed bo primal 'iiTllix 
and published the decisions of the said court, made during"'*"'^'' 
the time he shall act as such reporter, within six months Porthw proyitot 
after the said decisions shall be made ! And provided aUOf ^tota7Vr0i«to 
That he shall deliver to the Secretary of State, in lieu of iso ropi«J'in iiou 
tlie eighty copies of the annual reports which by former acts by^ft^m/teu!.'^ 
he was required to deliver, one hundred and fifty copies of the 
said reports, so printed and published, which said copies shall i>i>ivib«^<«- 
be distributed as follows, to wit : to the President of the United 
Blates, the justices of ihe Supreme Court of the United Stales, 
Ihe judges of -the district courts, the Attorney General of the 
United States, the Secretary of State, the Secretary of the Trear 
sury, the Secretary of War, the Secretary of the Navy, the Post- 
master General, the First and Second Comptrollers of the Trea- 
sury, the Solicitor of the Treasury, the First, Second, Third, 
Fourtfi and Fifth Auditors of the Treasury, the Auditor of the 
General Post Office, the Treasurer of the United States, the Re- 
gister of the Treasury, the Commissioiier of the General Land 
Office, the Paymaster General, the Coaimissioner of Indian Af- 
fitrs, the Commissioner of Peneions, the judges of the several 
territorial courts of the United States, the Governors of the 
Territories of the United States, the Secretary of the Senate 
for the use of the Senate, the Clerk of the House of Represen- 
tatives for the use of the House of Representatives, ami to the . 
Coromiasioners of the Navy, each one copy ; to the Secretary of 
the Senate for the use of the standing committees of the Senate, 
tea copies ; and to the Clerk of the. House of Representatives, fnwiw -. prm 
for the use of the standing committees of the House, twdve co- SiolMid uTss^^''* 
pies ; and the residue of die said copies shall be deposited in the 
Ubfary of Congress, to become a part of the said library : And 
fromidzd mUOy That the volumes of the decisions of the Supreme 
Court shall not be sdd by the reporter to the public «t large, for 
a geater price than five dollars for each volume. in eMeordMtb, 

^ 2. And be Ufwther enetcted, That in case of the death, re- ^'^i^ HTl^X 
signation, or dismission from office, of either of the aforesaid of- SJ^^^iQilSS^J^Vi 
ficers, Uie said copies of the decisions of the Supreme Court shall ^•» ntcmm. 
belong ^o, and be delivered up to their respective successors in 
said offices. Approved, August 29r&, 1843. 

CHAP. 282. — An act to establish and regulate the navy ration. 
^ I. ffe U enadedy^c, Thai ih^ navy ration shall consist 
of the following Jaily allowance pf 'provisions for each person : ccmivonmit i»ru 

One pound of salted pork, with half a pint of peas or beans; or UMtatkm. 
or one pouod of saked beef, ivkh half 9l pou^d of flour, and a 
quarier of a poutod of raisios, d;ried .apples, or other dried fruits ; 
or one pound of salt beef with half a pound of rice, two ounces 
of bouer, and two ounces of cheese ; together with fourteq;i 
ounces of biscuit, one qugrt^er of an ounce of tea, or ounce of 
eoSee,or one ounce of cocoa ; two ounces of sugar, and one gill 
87 



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WIS 1842 Chap.— 282. 

of spirits ; and of a weekly aliowaDceof half a pound of pickles 
or cranberries, half a pint of molasses, and half a pint of vine- 
gar. 
Fre>b meat may <^ 2. And be %t fuTtheT etuicted, That fresh meat may be 
Miu^lS^d^^M-sabstituted for salt beef or pork, and vegetables or soar crout for 
lluJiif" the other articles usually issued with the salted meats, allowing 
one and a quarter pounds of fresh meat for one pound of salted 
beef or pork, and regulating the quantity of vegetables or sour 
crout so as to equal the value of those articles for which they may 
be substituted. 
8babread.floor. ^ ^- -^^rf 66 tt/tiWAcr enflc/cd, That should it be necessary 
OTtatISt5*' fot^^ ^**^y ^^^ above described daily allowance, it shall be lawful to 
btocait" wioe for substitute One pound of soft bread, or one poundof flour or half a 
•piriu.A.e, poand of rice, for fourteen ounces of biscuit ; half a pint o# 
wine for a gill of spirits ; half a pound of «rice for half a pint of 
beans or peas ; half a pint of beans or peas for half a pound of 
iiow "^®' When it may be deemed expedient by the President of 
•d to to tobtuto' the. United States, Secretary of the Navy, commander of a fleet 
iB^MrtakT^^' or squadron, or of a single ship when not acting under the au- 
thority of another ofiicer on foreign service, the articles of butter, 
cheese, raisins, dried apples or other dried fruits, pickles and mo* 
lasses, may be substituted for each other and for spirits : Provu 
Provim: ^tiu* d^d. The article substituted shall not exceed in value the article 
Utaiane, j^^ which it may be issued, a(^cording to the scale of prices which 
is or may be established for the same. 

^ 4. And he further enacted. That in cases of necessity, the 
iacMaofn(Mef(]aiiy ollowaucc of provisions may be diminished or varied by the 

• tT, daily allow- ,. ''. -, ^ . ^ ^ ^. i.. ^ 

anoemav bo di- discrction of the scnior otncer present m command, but payment 

^^ shall be made to the persons whose allowance shalLbe thus di* 

PfeynMDt to be finished, according to the scale of prices which iifor may be es* 

jMjHforuiadim-iiiblished for the same: but a commander who shall thus make a 

diminution or variation shall report to his commanding oflScer or 

commaBdertore-to the Navy Department, the necessity for the same, and give to 

port the nooeaaity^j^^ purscr Written ordcrs specifying particularly the diminution or 

reduction which is to be made. 

^ 5. And be it further enacted. That no commissioned of- 
loSi'to ""^^^fioer or midshipman, or any person under twenty-one years of age 
iiJdStm'!^^'. shall be allowed to draw the spirit part of the daily ration, and all 
^ilSrapufta?^*" other persons shall be permitted to relinquish that part of their 
ration, under such restrictions as the President of the United 
States may authorize : and to every person who, by this section 
vaioo tobe Id" Prohibited from drawing, or who may relinquish, the spirit part 
Ml money. ^ '^ of his ration, there shall be paid in lieu thereof, the value of the 
same in money, according to the prices which are or may be es- 
tablished for the same. 

<^ 6. And be it further enacted, That the Provisions of this 
Act totakeeflbetact shall go iuto cflfect in the United States, on the first day of the 
^^^' succeeding quarter after- it becomes a law, and in vessels abroad, 

Aeia iaoowiiunt^" ^^^ ^^^ ^^^ ^' ^^^ succccding quarter, after its oflSicial receipt; 
MrowuTNiMiSd^ndan^ acts and parts of acts which ma^ be contrary to, or in- 



Digitized by CjOOQIC 



1842 Chap. 282—285. 291* 

eonsistenf with, the provisions (9( this act, shall be and are hereby 
repealed. Approved^ August 29fA, 1842. 

CHAP. 283.-- An act authorizing the Secretary of the Navy to contract 
for the purchase, for the United States, the right to use Babbife anti- 
attrition metal. 

^1. Be it enacted, ^c, That the Secretary of the Navy be, AaiborUytoeoa^ 
and he hereby is, authorized to contract for the purchase, froni SiS^^SJSSir**^ 
the proprietor of the patented interest therein, for the United 
States, of the right to use Babbit's anti-attrition metal in the con- 
struction of machinery and other work ; subject to the ratifica- 
tion of Congress. Approved, August 29th; 1842. 

'CHAP. S84. An act establishing a court at Charleston, in the Common* 
. wealth of Virginia. 

<^ 1. Be it enacted, fyc, That hereafter terms of the district u^i^Mat^.!? 
court for the western district of Virginia, ^be holden at Charles- L?ibbari?" ** 
ton in the county of Kenawha, commencing on the Wednesdays 
after the second Mondays of April and September of every year, 
in lieu of ilie sessions oif said district court now directed to be 
held at Lewisburg, in the county of Greenbriar, which said last 
mentioned sessions oY said court are hereby discontinued. 

Approved, August 29th, 1842. 

CHAP. 285. — An act to proVide revenue from imports and to change and 
modiiy existing laws imposing duties on imports, and for other purposes. 

^ 1. Be it enacted, fyc, That from and after the passage of i«id heMiwoa 
this act, in lieu of the duties heretofore imposed by law on thetkie!!!*^^^'°'"' 
articles hereinafter mentioned, and on such as may now be ex* 
empt from duty, there shall be levied, collected, and paid, the 
f^Howing duties that is to say : 

First. On coarse wool unmanufactured, the value whereof, atwooiaoBMaofte- 
the last port or place whence exported to the United States, shall *"^' 
be seven cents or under per pound, there shall be levied a duty of 
five per centum ad valorem ; and on all other unnftnufactured 
wool, there shall be levied a dut)»of three cents per pound, and 
thirty per centum ad valorem : Provided, That when wool of 
different qualities of the same kind or sort, is imported in the 
same bale, bag, or package, and the aggregate value of the con<- 
tents of the bale, bag, or package, shall be appraised by the ap- 
praisers, at a rate exceeding seven cents per pound, it shall be 
charged with a duty in conformity to such appraisal : Provided, 
further. That when wool of different qualities, and diflferent kinds 
or sorts, is imported in the* same bale, bag, or package, the con*- 
tents of the bale, bag, or package, shall be appraised at the value 
of the finest or most valuable kind or sort, and a duty charged 
thereon accordingly : Provided further. That if bales of differ*^ 
ent qualities are embraced in the same invoice, at the same price, 
the value of the whole shall be appraised according to the value 
of the bale of the best quality : Provided further^ That if any 



Digitized by CjOOQIC 



2Q2Q i^' Chap. 265. 

wool be imported having in it di^, or any material or impuritiegy 
other than those naturally belonging to the fleece, and thus be re* 
duced in value to seven cents per pound or under, the appraisers 
shall appraise said wool at such price, as in their opinion, it woold 
have cost had it not been i»o mixed with such din or impurities, 
and a duty shall be charged thereon in conformity to such apprais- 
al : Provided, aUo, That wool imported on the skin shall be es- 
timated as to weight and value as other wool. 

Second. On all manufactures of wool, or of which wool shall 
*^r ^"'^*' be a component part, except carpetings, flannels, bockings, and 
baizes, blankets, worsted stuff goods, ready-made clothing, ho- 
siery, mits, gloves, caps, and bindings, a duty of forty per cen- 
tum. 

Third. On Wilton carpets and carpeting, treble ingrain Sax* 

*''^"''' ony, and Aubussen carpets and carpeting, a duty of sixty-five 
cents per square yard ; on Brussels and Ti^rkey carpets and car- 
peting, fifty five cents per square yard ; on all Venetian and in* 
grain carpets and carpetings, thirty cents per square yard ; on aR 
other kinds of carpets and carpeting, of wool, hemp, flax, or cot- 
ton, or parts of either, or other material not otherwise specified, 
. a duty of thirty per centum ad valorem : Provided^ That bed 
sides and other portions of carpets or carpetings shall pay the 
rpte of duty herein imposed on carpets or carpetings of similaT 
character. 

Biankatt. Fourth. On woollen blankets, the actual value*of which at the 

place whence imported shall not exceed seventy-five cents each, 
and of the dimensions not exceeding seventy-two by fifty-two 
inches each, nor less than forty-five by sixty inches each, a duty 
of fifteen per centum ad valorem ; and on all other woollen blan^ 
kets, a duty of twenty-five per centum ad valorem. 

Fifth. On all manufactures, not otherwise specified, of combed 

w^^wMUcf^^^l or worsted, and manufactures t»f worsted and silk combined, 
a duty of thirty per centum ad valorem : on all hearth rugs, an 
ad valorem duty of forty per centum. 
Tarn. Sixth. Ou woolleu and worsted yamj a duty of thirty per cea* 

turn ad valorem. 
oioTM, oapi, Seventh. On wodleii and woraled mits, gloves, caps, and 

S^?*" *°^ ^"''bindings, and on woollen or worsted hosiery, that is to say, stock- 
ings, socks, drawers, shirts, and all other similar maBuhctaies 
made on frames, a duty of thirty per centum ad valorem. 

FiuaeKboekingfl Eighth. On flannels of whatever material composed, except 

^' cotton, a duty of fourteen cents per square yard on bockiags «Ad 

baizes, fourteen cents per square yard on coach laces, thirty-fise 
6oau'iiair,Ae.pQf ccutum ad valoTcm ; on Thibet, Angora, and all other goali' 
hair or mohair unmanufactured, one cent per pound ; on eamkts, 
blankets, coatings, and aH other mannfaotures of goats' hair or 
mohair, twenty per centum ad valorem. 
^^^^"^^ Nin^ On ready made ^oblbing of whatever matarials oMiipo- 
•ed, worn by men, women or chiidreti, except gloves, mits, jtedc- 
ingSt socks, wove shirts and drawess, and ail other similar niaBa«> 
iactiaeamade on frama%lials, bonnets, «hoes, boots, and booteea, 



01«( 



Digitized by CjOOQIC 



1842 Chap. 286. , f09l 

imported in a state ready to be used as clothing, by men, women 

or children, made up either by the tailor, manufacturer, or seam-* 

stress, an ad valorem duty of fifty per centum ; on all articles 

worn by men, women or children, other than as above specified 

or excepted, of whatever materials composed, made up wholly or 

in part by hand, a duly of forty per ceiitum ad valorem ; on gij '"''•^ >«*■»*•• . 

thread laces and insertings, fifteen per centum ad valorem ; on 

cotton laces, quillings and insertings usually known as trimming ooMftndtiiTw 

races, and on bobbinet la9esof cotton, twenty per centum ad va^ imm, im. 

lorem ; on laces, galloons, tresses, tassels, knots, and stars of gold 

or silver, fine or half fine, fifteen per centum ad valorem ; on all 

articles embroidered in gold or silver, fine or half fine, when 6n* 

ished, other than clothing, twenty per centum ad valorem ; and . 

on dpthiog, finished in whole or in part, embroidered in gold or 

silver, fifty per centum ad valorem. 

^ 2. And be UJurther enacted^ That, from and after ti>e 
passage of this act, there shall be levied, collected and paid, oo 
the importation of the articles hereinafter mentioned, the follow** 
iog duties ; that is to say : 

First. On cotton unmanufactured, a duty of three cents per factured.'""''*^ 
pound. 

Second- On all manufactures of cotton, or of which cotton ^JJJ*®*'»^*' 
shall be a component part, not othervrise specified, a duty of thir'- 
ty per centum ad valorem, excepting such cotton twist, yam anii 
thread, and such other articles as are herein provided for : Pra^ 
videdt That all manufactures of cotton or of which cotton shall 
be a component part, not dyed, colored, printed, or stained, not 
exceeding in value twenty cents per square yard, shall be valtied 
at twenty cents per square yard ; and if dyed, colored, printed, 
or stained, in whole or in part, not exceeding in value thirty ceoln 
the square yard, shall be valued at thirty cents per square yard, 
excepting velvets, cords, moleskins, fustians, bufialo cloths, or 
goods manufactured by napping or raising, cutting or shearings 
not exceeding in value thirty-five cents the square yard, shall bp 
valued at thirty-five cents per square yard,and duty be paid there*- 
on accordingly. ooif«. t«tet, 

Third. All cotton twist, yarn and thread, unbleached and ua« y*™' •^ ^'•^' 
colored, the true value of which at the place witence impoited 
shall be less than sixty cents per pound, shall be valued at sixty 
cents per pound, and shall be charged with a duty of twenty-five 
per centum ad valorem ; all bleached or colored cotton twist, yarn 
and thread, the true value of which at the place whence import<> 
ed shall be less than seventy-five cents per pound, shall be valued 
at seventy-five cents per pound, and pay a duty of twenty-five 
per centum ad valorem ; allother cotton twist, yarn, and threadj 
or spools or otherwise, shall pay a duty of thirty per centum ad 
valorem.* 

^ 8. And be U further enacted^ That from and after the pa*> 
nge of Uiis act, there shall be levied, collected, and paid, on the 
importation of the articles 4iereinafter mentioaed, the following 
duties ; that is to say : 



Digitized by CjOOQIC 



fi»28 1842 Chap. 285; 



_ ^ First On all maDofactares of silk not otherwise specified, ei^ 

cept bdting doths, two dollars and fifty cents per pound of six- 
teen ounces ; on silk bolting cloths, twenty per centum ad valo- 
rem : Provided^ That if any silk manufacture shall be mixed 
with gold or silver, or other metal, it shall pay a duty of thirty 
per centum ad valorem. 

Second. On sewing silk, silk twist, or twist composed of silk, 
and Mohair, a duty of two dollars per pound of sixteen ounces ; 
on pongees and plain white silks for printing or coloring, one dol- 
lar i^nd-fifty cents per pound of sixteen ounces ; on floss and oth- 
er similar silks, purified from the gum, dyed and prepared for 
manufacture, a duty of twenty-five per centum ad valorem ; on 
•raw silk, comprehending all silks in the gum, whether in hanks, 
reeled, or otherwise, a duty of fifty cents per pound of sixteen 
ounces ; on silk umbrellas, parasols, and sunshades, thirty per 
centum ad valorem ; on silk or satin shoes and slippers, for wo- 
men or men, thirty cents per pair ; silk or satin laced boots or 
bootees, for women or men, seventy five cents a pair ; silk or sat- 
in shoes or slippers, for children, fifteen cents per pair ; silk of 
satin laced boots or bootees, for children twenty-five cents a pair; 
on men's silk hats, one dollar each ; silk or satin hats or bonnets 
for women, two dollars each ; on silk shirts and drawers, whether 
made up wholly or in parl^ forty per centum ad valorem ; silk 
caps for women, and turbans, ornaments for head dress, aprons, 
collars, caps, cuffs, braids, curls, or frizettes, chemisettes, mantil- 
las, pellerines, and all other articles of silk made up by hand in 
whole or in part, and not otherwise provided for, a duty of thirty 
per centum ad valorem. 
HMnp. flax, &e. Third. On unmanufactured hemp, forty dollars per ton; on 
JJIJJ^JJ^'* Manilla, Sunn, and other hemps of India, on jute. Sisal grass, 
coir and other vegetable substances, not enumerated; used for 
cordage, twenty-five dollars per ton ; on cedilla, or tow of hemp 
or flax, twenty dollars per ton ; on tarred cables and cordage,)five 
cents per pound ; on untarred cordage, four and a half cents per 
pound, yarns, twine, and packthread, six cents per pound ; on 
seines, seven cents per pound ; on cotton bagging, four cents per 
square yard, on any other manufacture not otherwise specified, 
suitable for the uses to which cotton bagging is applied, wjiether 
composed in whole or in part of hemp or flax, or any other mate- 
rial, or imported under the designation of gunny cloth, or any 
other appellation, and without regard to the weight or width, a 
duty of five cents per square yard ; on sail duck, seven cents per 
square yard ; Russia and other sheetings, brown and white, twen- 
ty-five per centum ad valorem ; and on all other manufactures of 
hemp, or of which hemp shall be a component part, not specifi- 
ed,- twenty per centum ad valorem; on unmanufactured flax, 
twenty dollars per ton ; on linens, and all other manufactures of 
flax, or of which flax shall be a component part, not othenvise 
specified a duty of twenty-five per centum ad valorem ; on grass 
cloth, a duty of twenty-five per centum ad valorem. 



Digitized by CjOOQIC 



1842 Chap. 286. 2923 



Foortb. On stamped, printed, or painted floor oil cloth, thirty- ^*« 
five cents per square yard ; on furniture oil cloth made on Can- 
ton or cotton flannel, sixteen cents per square yard ; on other fur- 
jiiture oil cloth, ten cents per square yard ; on oil cloth of lineni 
silk, or other materials, used for hat covers, aprons, coach cur- 
tains, or similar purposes, and on medicated oil cloths, a duty of 
twelve and a half cents per square yard ; on Chinese or other 
floor matting, made of flags, jute, or grass, on all floor mat- ^*^^- 
tings not otherwise specified, and on mats, of whatever materials 
composed, twenty-five per centum ad valorem. 

^ 4. And be it further madedy That from and after the pas- 
sage of this act, there shall be levied, collected, and paid, on the 
imfiortation of the articles hereinafter mentioned, the fc^lowing 
duties, that is to say : 

First. On iron in bars or bolts, not manufactured |in whole ^y^xHH^^^'***^ 
in part by rolling, seventeen dollars per ton ; on bar or bolt iron, 
made wholly or in part by rolling, twenty-five dollars per ton : 
Prcmdedy That all iron in slabs, blooms, loops, or other form,les8 
finished than iron in bars or bolls, and moi-e advanced than pig 
iron, except castings, shall be rated as iron in bars or bolts, and 
pay a duty accordingly : Provided, alaOy That iron imported |^ loportod 
prior to the third day of March, eighteen hundred and forty-three, fgg' g^^.f,^*'; 
in bars or otherwise, for railways or inclined planes, shall be enti-oriMiinedpunM 
lied to the benefits of. the provisions of existing laws, exempting *^'*"'*^''^**"'* 
it fl'om the payment of duty on proof of its having been actually 
and permanently laid down for use on any railway or inclined 
plane prior to the third day of March, eighteen hundred and for- 
ty-three, and all such iron imported from and after the date afore- 
said, shall be subject to and pay the duty on rolled iron. 

Second. On iron in pigs, nine dollars per ton ; on vessels of uoq 1d pi^ 
cast iron,- not otherwise specified, one cent and a half per pound ; 
on all other castings of iron, not otherwise specified, one cent '"* ««^ns^ 
per pound ; on glazed or tin hollow ware and castings, sad irons, 
or smoothing irons, hatters' and tailors' pressing irons, and cast 
iron butts or hinges, two and a half cents per pound ; on iron 
or steel wire, not exceeding No. 14, five cents per pound ; and ^.^ 
over No. 14, and not exceeding No. 25, eight cents per pound ; ^^^ 
over No. 25, eleven cents per pound ; silvered or plated wire, 
thirty per centum ad valorem ; brass or copper wire, twenty-five 
per centum ad valorem ; cap or bonnet wire, covered with silk, 
twelve cents per pound ; when covered with cotton thread or 
other material, eight cents per pound ; on round or square iron, 
or braziers' rods, of three sixteenths, to ten sixteenths of an inch 
in diameter, inclusive, and on iron in nail or spike rods, or nail„^arLouim''tr 
plates, slit, rolled, or hammered, and on iron in sheets, except ■'°"^'^'^**^ 
taggers' iron, and on hoop iron, and on iron slit, rolled or ham- 
mered for band iron, scroll iron, or casement rods, iron cables or 
chains, or parts thereof, manufactured in whole or in part, of 
whatever diameter, the links being of the form pecilliar to chains 
for cables, two and a half cents per pound ; on all other chains of 

Digitized by CjOOQ IC ^ 



tSlU 1842— Chap. 285. 

iron, not otherwise specified, the links lieing either twlslad or 
straight, and, when straight, of greater length than those used 
in chains for cables, thirty per centum ad valorem ; on anchon 
or parts of anchors, manufacttired in whole or in part, antilsi 
blacksmiths' hammers and sledges, two and a half 4seDt8 per 
pound ; on cut or wrought iron spikes, three cents per pound ; 
and on cut iron nails, three cents, per pound ; and on wrought 
iron nails, on axletrees, or parts thereof, mill irons and mill craakf 
of wrought iron, or wrought iron for ships, locomotives, and 
steam engines, or iron chains other than chain cables, and on 
malleable iron or castings, four cents per pound ; on steam, gas, 
or water tubes or pipes, made of band or rolled iron, five cents 
per pound ; on mill saws, cross-cut saws, and pit-saws, one dol- 
lar each ; on tacks, brads, and sprigs, not exceeding aiffteen 
ounces to the thousand, five cents per thousand : exceeding six- 
teen ounces to the thousand, five cents per pound ; on taggen' 
iron, five per centum ad valorem : Provided^ That M articles 
partially manufactured, not otherwise provided for, shall pay tho 
same rate of duty as if wholly manufactured ; And prwridei, 
aUOy That no articles manufactured from steel, sheet, rod, hoop^ 
or other kinds of iron, shall pay a less rate of duty than is chafge« 
able on the material of which it is composed, in whole or in 
part, paying the highest rate of duty either by weight or value, 
and a duty of fifteen per centum ad valorem en the cost of the 
article added thereto. 

oyoricnpiio.. Third, On all old or scrap iron, ten dollars per ton : PromdU^ 
That nothing shall be deemed old iron that nas not been in acn* 
tual use, and fit only to be remanufiictured ; and all pieces of 
iron, except old, of more than six inches in length, or of saff« 
cient length to be mode into spikes and bolts, shall be rated as 
bar, bolt, rod, or hoop iron, as the case may be, and pay daty 
accordingly : Provided, also, That all vessels of cast iron, asd 
all castings of iron not rough as from the moaid, but partially 
manufactured after the casting, or with handles, rings, hoops, or 
other additions of wrouglit iron shall pay the same rates of do^ 
herein imposed on all other manufactures of wrought iron net 
herein enumerated, if that shall amount to more than the duty en 
castings. 

haS w £?**• Fourth. On muskets, one dollar and fifty, cents per stand : ri- 
^^^ ' fles, two dollars and fifty cents each ; on axes, adaes, hatcfasls, 
plane irons, socket, chisels and vices, drafVing knives, cutting 
knives, sickles or reaping hooks, scythes, spades, shovels, sqasrei 
of iron or steel, plated or polished steel saddtery and brass sad* 
diery, coach and harness furniture of all desertf9tions, steelyards 
and scale beams, and all fire arms other than muskets and rifles, 
and all side arms, thirty per centum ad valorem ; on square wirSi 
used for the manufacture of stretchers for umbrellas, when cot la 
Uflitetiu win, pieces not exceeding the length suitable therefor, twelve and * 
half per centum ad valorem. 

l^ifth. On screws made of iron called wood sorava, 



Digitized by CjOOQIC 



BraM. 



1843— Chap. S86. 

oeoto iper povod ; tod on aH other serews of iron not gpecifiedi 
tUriy por centom ad valorem ; on brass screws thirty cents per 
pottod ; on sheet and rolled b«ass, a duty of thirty per centum 
ad valorem ; on brass Lattery, or hammered kettles, twelve cents 
per pounds 

Sixth. On cast, shear, and German steel in bars» one dollar ^^^^ 
and fifty cents per one hundred and twelve pounds ; and on all 
. other steel in bars* two dollars and fifty cents per oiie hundred 
and twelve pounds ; on solid beaded pinS| and all other package 
pittSi not eioeeding five thousand to the pack of twelve papers, 
forty cents per peck^ and in the same proportion for a greater or 
less <)«iantity ; on pound pins, twenty cents per pound ; on sew- 
ing, tambouring, darning, netting, and knitting, and all other 
kinds of needles, a duty of twenty per oentum«ad valorem ; on 
common, tinned, and japaned saddlery, of all descriptions, twen- 
ty per centum ad valorem. 

Seventh. On japanned ware of all kinds, or papier mache, 
and plated and gilt wares of all kinds, and on cutlery of all kinds, varioiM »»«- 
and all other manufactures, not otherwise specified, made 0ff*«*»^«" *»'"*•***•• 
brass, iron, steel, lead, copper, pewter, or tin, or of which either 
ef these metals is a component material, thirty per centum ad 
valorem : Provided^ That all manofactores of iron and tfteel, or 
other metals, partly finished, shall pay the same ratee of duty as 
if entirdy finished. 

Eighth. On lead in pigs and bars, three cents per pound ; on Lead- 
old and sciap lead, one cent and a half per pound ; leaden pipes, 
leaden shot, and lead in sheets, or in any other form not herein 
specified, four cents per pound ; on type metal and stereotype 
plates, twenty-five per centom ad valorem ; types whether new 
or old, twenty-five per oentem ad valorem; on copper bottoms 
cut round, aed copper bottoms raised at the edge, and still bot- coppm. 
toms cot round and turned up on the edge, and parts thereof, 
and on copper plates or sheets weighing more than thirty-four 
ounces per square fopt, commonly called braziers' copper, thirty 
per centum ad valorem ; on copper rods and bolts, nails and 
spikes, four cents per pound ; add on patent sheathing metal com- 
posed in part of copper, two cents per po«ind. 

Ninth. On tin, In pigs, bars, or blocks, one per centum ad va^ tiq, tiiTerpu. 
IcNrem ; tin in plates or sheets, teroe plates, taggers' tin, and tin ^^.""^^^ ^^ 
foil, two and a half per centum ad valorem ; on siiver plated 
metal in sheets, and on argentine, afabata, or German silver, in 
sheets or otherwise, unmaonfaetiiffed, thirty per centum ad valo- 
rem ; on manufactures of German silver, bell metal, zinc, and 
broine, thirty per centum ad valorem ; on zinc, in sheets ten 
per eentnm ad valorem; Provided^ That old bells, or parts 
thereof, fit only to be remaaufactured, shali not be considered 
manufactures of bell metal, but shall be admitted free of duty y 
on broflSEC powder, bronae liquor, iron liquor, red liquor, and 
seppia, twenty per centum ad vakx^em. CMiao. 

Tenth. On coal, one dollar and seventy-five cents per ton 7 on 
coke or cubn of coal, five cents pel busbei. ^^^ 

38 



Digitized by CjOOQIC 



2920 1642— Chap. 286, 

^ 5. And be U further enacted^ That, from and after the 
passage of this act, there shall be levied, collected, and paid, on 
the importation of the articles hereinafter pnentioned, the follow- 
ing duties ; that is to say : 
CiitfiM*. First. On all vessels or wares, articles, and manuCactures of 

cut glass, when the cutting on the article does not exceed one- 
third the height or length thereof, a duty of twenty-five cents 
per pound ; when the cutting exceeds one-third the height or . 
length, but does not exceed one-half the same, a duty of thirty* 
five cents per pound ; when the cutting extends to or exceeds 
one-half' the height or length tbereor, a duty of forty-five cents 
per pound ; on cut glass chandeliers, candlesticks, lustres, lenses, 
lamps, prisms and parts of the same, and on all drops, icicles, 
spangles, and ornaments used for mountings, a duty of forty-five 
c^nts per pound ; on articles of plain, moulded, or pressed glass, 
weighing over eight ounces, a duty of ten cents per pound ; on 
n^ij^jjjp,^. articles of plain, moulded, or pressed glass, weighing eight ounces 
«ifiMt. Of under, except tumblers, a duty of twelve cents per pound ; on 

plain, moulded, or pressed tumblers, ren cents per pound ; on all 
plain, moulded or pressed glass, when stoppered, or the bottoms 
ground, or puntied, an additional duty of four cents per pound : 
Provided, That all articles of moulded or pressed glass, being 
cut, roughed, or polished, in part or parts thereof, and all other 
wares or articles of flint glass, not otherwise specified, shall pay 
the duty chargeable on articles of cut glass of the description and 
glass to which they may severally belong. • 

iio*.* ^^ Second. On all apothecaries' vials and bottles, not exceeding 

the capacity of six ounces each, one dollar and seventy-five 
cents per gross ; apothecaries' vials and bottles exceeding six 
ounces, and not exceeding the capacity of sixteen ounces each, 
two dollars and twenty-five cents |>er gross ; on all perfumery 
and fancy vials and bottles, uncut, not exceeding the capacity of 
four ounces each, two dollars and fifty cents per gross ; and those 
exceeding four ounces, and not exceeding, in capacity, sixteen 
^^ ounces each, three dollars per gross. 

yhM botUM'aS Third. On black and green glass bottles and jars, exceeding 
^^' eight ounces, and not exceeding in capacity, one quart each, a 

duty of three dollars per gross; when exceeding the capacity of one 
^^Draijohnt WH» quart each, four dollars per gross ; on demijohns and car-boys, of 
the capacity, of half a gallon or less, fifteen cents each ; when 
exceeding, in capacity, half a gallon, and not exceeding three 
gallons each, a duty of thirty cents each; exceeding three gaN 
Ions, fifty cents each, 
window |iMi. pQurth. On cylinder or broad window glass, not exceeding 
eight by ten inches, two cents per square foot ; above that, and 
not exceeding ten by twelve inches, two and a half cents per 
square foot ; above that, and not exceeding fourteen by ten inch- 
es, three and a half cents per square foot ; above that, and not 
exceeding sixteen by eleven inches, four cents per square foot ; 
above that, and not exceeding eighteen by twelve inches, five 
cents per square foot ; above eighteen by twelve inches, six cents 

Digitized by CjOOQIC 



Gtenin ihedli 



1842— Chap. 285. 292? 

t>er square foot. On nil crown window glass not excoedtng tett 
by eight inches, three and a half cents per square foot ; aboTe 
that, and not exceeding ten by twelve inches, five cents per square 
foot ; above that, and not Receding fourteen by ten inches, six 
cents per square foot ; above that, and nojL exceeding sixteen by 
eleven inches, seven cents per square foot ; above that, and not 
exceeding eighteen by twelve inches, eighl cents per square foot \ 
«nd all exceeding eighteen by twelve inches, ten cents per square 
foot; Provided, Tliat all glass imported in sheets or tables, or^^l' 
without reference to form, shall pay the highest duties herein im- 
posed on the different descriptions of window glass. On all pol- ^^ 
isted plate glass, whether imported as window glass, or however '^**** '^ 
otherwise specified, not silvered, and not exceeding twelve by 
eight inches, five cents per square foot ; above that, and not ex- 
ceeding fourteen by ten inches, seven cents per square foot ; 
above that, and not exceeding sixteen by eleven inches, eight 
cents per square foot; above that, and not exceeding eighteen 
by twelve inches, ten cents per square foot ; above that, and not 
exceeding twenty-two by fourteen inches, twelve cents per square 
foot ; all above twenty-two by fourteen inches, thirty per centum 
ad valorem ; if silvered, an addition of twenty per centum shall 
be made to the duty ; if framed, a duty of thirty per centum ad 
valorem : Provided, That on all cylinder or broad glass, weigh* 
ing over one hundred pounds per one hundred square feet, and 
on all crown glass weighing over one hundred and sixty pounds ' 
per one hundred square feet, there shall be an additional duty on 
the excess at the same rate as herein imposed. 

On porcelain glass, on glass colored, or paintings on glass, aook^Tfiu?^ 
duty of thirty per centum ad valorem ; on all articles or manu- 
factures of glass not specified, connected with other materials, 
rendering it impracticable to separate it and determine its weight, 
twenty-five per centum ad valorem. 

Filih. On China ware, porcelain ware, earthen ware, stone chi«awM*,*«. 
ware, and all other ware composed of earth or mineral substan- 
ces, not otherwise specified, whether gilt, painted, printed, plain, 
or glazed, a duty of thirty per centum ad valorem. 

Sixth. On tanned, sole or bend leather, six cents per pound ; ^^*^•'•^• 
on all upper leather not otherwise specified, eight cents per 
pound ; on calf and seal skins tanned and dressed, five dollars 
per dozen ; on sheep skins tanned and dressed, or skivers, two 
dollars per dozen ; on goat skins or morocco tanned and dressed, 
two dollars and fifty cents per dozen ; on kid skins or morocco 
tanned and dressed, one dollar and fifty cents per dozen ; on 
goat or sheep skins tanned and not dressed, one dollar per doz- 
en ; on all kid and lamb skins tanned and not dressed, seventy* 
five cents per dozen ; and on skins tanned and dressed, other- 
wise than in color, to wit, fawn, kid, and lamb, usually known as g|,p^,ad bocti. 
chamois, one dollar per dozen ; on men's boots and bootees of 
leather, wholly or partially manufactured, one dollar and twenty- 
five cents per pair ; men's shoes or pumps, wholly or partially 
manufactured, thirty cents per pair )» women's boots and boot- 



Digitized by CjOOQIC 



3d28 ld42-OHAP. 285. 

ees of leather, wholly or partiaHy manufectared, Cftj eeiits per 
pair ; children's booUr, bootees, and shoes, wholly or partiaHy 
manufactured, fifteen cents per pair; women's dooUe-soled 
pumps and weks, wh<rfly or par(^ily manuAictored, forty cents 
per pair ; women's shoes or slippers, wholly or pc^tially mami- 
Bawhkias^jbc. ''^^^'"^^^j whsthcr of leather, prundla, or other material, exoept 
"^stlk, twenty«five cents per pair; on raw hides of all kinds, wheth- 
er dried or salted, five per centum ad valetrem ; on all skins pick-- 
led and in casks, not specified, twenty per centum ad Talorem. 

JSSS!^^^ Seventh. On men's leather gloves, one doHar and twenty- 
five cents per dozen ; women's leather habit gloves, one doMir 
per dozen ; children's leather habit gloves, fifty cents per dosen ; 
women's extra and demi length Iwther gloves, one dollar and 
fifty cents per docen ; children's extra and demi length leather 
gloves, seventy-five cents per dozen ; on leather caps or hats, 

riSirSiiw "5m leather braces or suspenders, and on aH other braces or suspend- 

indu nkb^t. ^^^ ^f whatever material or materiah eomposed, except Indh 
rubber, and on leather bottles, patent* leather, and on all other 
manufactures of leather, or of which leather is a component ma- 
terial of chief value, not otherwise specified, a duty of thirty-five 
per centum ad valorem. 
FBn,«t4 Eighth. On furs of all kinds on the skin, undressed, five per 

centum ad valorem ; on fun dressed on the skin, on ali hatters^ 
furs, whether dressed or undressed, not on the skin, twenty-fire 
per centum ad valorem ; fur hats, caps, muffs, tippets, and other ' 
manufactures of fur not specified, thirty-five per centum ad valo- 
rem ; fur hat bodies, frames, or felts, manufactured, not in form 
or trimmed, or otherwise, twenty-five per centum ad valorem ; 
hats of wool, hat bodies or fehs made in whole or m part of 
wool, eighteen cents each. 

»i£**fiSiw,^; Ninth. On hats and bonnets for men, women, and children, 
* from Panama, Manilla, Leghorn, Naples, or elsewhere, composed 
of satin, straw, chip, grass, straw, palm leaf, ratan, wiUow, or any 
other vegetable substance, or of hair, whalebone, or other materi- 
al not otherwise specified, a duty of thirty-five per centum ad va- 
lorem : Providedy That all fiats, braids, plaits, spartere, or wil- 
low squares, used for n»king bats or bofinets, shall pay the same 
rate of duty as maimfactured faats or bonnets. 

MlSSHiB^hih] Tenth. On all omatnental Csathen and artificial flowers, or 

m<Mf,««. 'parts thereof, of whatever material composed, hair bracelets, 
chains, ringlets, curls, or braids, himian hair, cleaned and prepar- 
ed for use, and on fans of every description, twenty-five per 
centum ad valorem ; on all hair, human or otherwise, uncleaned 
and unmanufactured, ten per centum ad valorem ; on hair cloth 
or seating, and on hair bdts and hair gloves, twenty-five per 
centom ad valorem ; on curled hair and moss, for beds or mat- 
trasses, ten pet centum ad valorem ; on feathers for beds, and on 
down of all kinds, twenty-five per centum ad valorem; on India 

aitidi!. *""*' rubber oil cloth, webbing, shoes, braces or suspenders, or other 
fabrics or tnanufactured articles composed wholly or in part of In- 



Digitized by CjOOQIC 



1842 Chap. 286. MM 

dift robber, thirty per centam md valorem : Pravidedy Tbmt br** 
CCS or suspendera of thai material, not exceeding in value tiro 
dollari per dozen, shall be valued at two dollars per doxen and, 
pay duty accordingly. On all clocks, twenty-five per centum ad cioeinidiwMiii, 
valoi^m ; and on glaziers' diamonds, when set, tweoty^five per ^^^?^ 
centum ad valorem ; on ship or box chronometers, twenty per Jj*"* 'SStSJ!^ 
centum ad valorem ; on watches or parts of watches, and watch ^l^^]^'^ 
■laterials not specified, seven and a half per centum ad vakNrem • "^'' ' ^ * 
oa diamonds, seven and a half per centum ad valorem ; on crys- 
tals of glass for watches, and On glass or pebbles for spectacles or 
eje-f;lasses, when not set, two dollars per gross ; on geass, pearls, 
or (frecious stones, seven per centum ad valorem ; on imitations 
thereof, and compositions of glass or paste, on cameos and imtta- 
lions thereof, and on- mosaics not specified, of whatever materi- 
als eompoaed, whether real or imitation, set or not set, seven and 
a half per centum ad valorem ; on jewelry, composed of gold ,sii- 
ver, or platina, and gold and silver leaf, twenty per centam id 
valorem; on gilt, plated, or imitation jewelry, and Dutch metal 
in leaf, twenty-five per centum ad valorem ; on Scagliola table 
tops, and table tops of marble or composition, inlaid with pre- 
cio«is stones or small pieces of composition, known as mosaics, 
on table tops of marble or composition, when inlaid with various 
colored OMirbles,' and on alabaster and spar ornaments, thirty per 
oentam ad valorem ; on manufaeturee of services, vessels, and 
waree of all kiads, not otherwise specified, of silver or gold, or 
of which either of these metals shall be a component material of 
chief value, whether plain, chased, engraved, or embossed, an ad 
valorem duty of thirty per centum. ^ 

Eleventh. On all manufactures of wood, not otherwise spe- woodAodnu. 
cified, thirty per centum ad valorem ; Provided, That boards, ItSu*' 
piaoks, staves, scantlings, hewn or sawed timber, unwrought spars, 
and all other descriptions of wood which shall have been wrought 
into shapes that fit them, respectively, for any specific and per« 
manent use without further manufacture, shall be deemed and 
taken as asanufactured wood, and pay duty accordingly ; and on 
.timber to be used in building wharves, and firewood, twenty per 
oeoCaoi ad valorem ; Previdedy aUo, That rough boards, phinbs, 
•taves, scantling, and sawed timber, not planed or wrought into 
aay shapes for use, shall pay a duty of twenty per centum ad va- 
forem ; Amd provided furtheri That rose wood, satin wood, ma- 
hogany, and cedar wood, shall pay a duty of fifteen per centum 
ad valorem ; on walking canes and sticks, frames and sticks fof 
umbrellas, for parasols, and for sunshades, cabinet wares or house- 
hold furniture not otherwise specified, musical instruments of all 
kinds, carriages and parts thereof, thirty per centum ad valorem ; 
Provided, also, That strings for musical instruments, of catgut gj?)l2!'"^ ~*' 
or whipgut, and all other strings, or thread of similar materials, 
shall pay a duty of fifteen per centum ad valorem. 

Twelfth. On unmanufactured marble in the rough, slab, or Mubie. 
block, twenty-five per centum ad valorem 3 on marble busts or B^tmrj. 



Digitized by CjOOQIC 



1842 CflAP.288. 

statuary, not speciallj imported^ as hereinafter provided for, and 
on all other manufactures of marble not specified, a duty of thir* 

sutatfUiMtadty per centum ad valorem; on slates of all kinds, paving tiles 
^''^** and bricks, twenty*five per centum ad valorem ; on baskets and 

other manufactures, not specified, of grass, straw, ozier or willoiv 
and palm leaf, twenty-five per centum ad valorem ; on wax, am- 
ber or composition beads, and all other beads not otherwise emi- 

FttooybozM. merated, and shell or fancy boxes not otherwise specified, twen- 

^^^^' ty-five per centum ad valorem ; on combs for the hair, of what- 

Bniikti *«. ^^^^ material composed, twenty-five per centum ad valorem ; an 
brushes and brooms of all kinds, thirty per centum ad valorem ; 

Toy^ and on bristles, one cent per pound ; on dolls and toys of ^ery 

description, of whatever material or materials composed, thirty 

BnfttoM, etc. p^j. centum ad valorem ; on metal buttons of all kinds, thirty per 
centum ad valorem ; Provided, That all such buttons, not ex- 
ceeding in value one dollar per gross, shall be valued at one dol- 
lar, and be charged with duty accordingly ; on all other buttons, 
and on all button moulds, of whatever material composed, twen- 
ty-five per centum ad valorem ; Pravidedy That lastings, prunel- 
las, and similar fabrics, not specified, when imported in strips, 
pieces or patterns, of the size and shape suitable for the manu- 

X ifacture exclusively of battons, shoes or bootees, and that mohair 

or worsted cloth, black linen canvass, figured satin, and figured 
or brocaded or Terry velvet, when imported in strips, pieces or 
patterns, of the size and shape suitable for the manufacture, ex-~ 

Tor*®*^ ^•[f» clusively of buttons, tortoise shell, ivory, or teeth of elephants un- 



manufactured, horns and teeth, and horn and bone tips, shall be 
admitted to entry at a duty of five per centum ad valorem ; oth- 
erwise to be subject to the rates of duty chargeable on them, 
respectively, according to their component materials. 

^ 6. And be it further enacted^ That from and after the pas- 
sage of this act there shalj be levied, collected, and paid, on the 
importation of the articles hereinafter mentioned, the following 
rates of duty ; that is to say, 
Pftiiiton' colon. On whitc or red leads, litharge, or acetate or chromate of lead, 
oii«,«t«. ^^y ^^ ground in oil, four cents per pound ; on whiting or Paris 

white, and all ochres or ochry earths used in the composition of 
painters' color, when dry one cent per pound, when ground in 
oil one cent and a half per pound ; on sulphate of barytes one 
half cent per pound, on linseed, hempsced, and rapeseed oil, 
twenty-five cents per gallon ; on putty, one cent and a half per 
pound. 

^ 7. And be ii further enacted, That from and after the pas- 
sago of this act there shall be levied, collected, and paid, on the 
importation of the articles hereinafter mentioned, the following 
rates of duty ; that is to say, 
n!ff'b!^iM,S?D?y FiTBi. On bank, folio, quarto post of all kinds, and letter and 
gjjJIy*^J5, 2J: bank note paper, seventeen cents per pound ; on antiquarian, 
demy, drawing, elephant, double elephant, foolscap, imperial, 
medium, pot, pith, royal, super-royal, and writing paper, fifteen 



Digitized by CjOOQIC 



1842 Chap. 286. 8931 

cents per pound ; on copperplate, blotting, copying, colored for 
labels, colored for needles, marble or fancy colored, glass paper, 
morocco paper, paste board, pressing-board, sand paper, tissue 
paper and on all gold or silver paper, whether in sheets or strips, 
twelve and a half cents per pound ; on colored copperplate, print- 
ing, and stainers' paper, ten cents per pound ; on binders' boards, 
box boards, mill boards, paper makers' boards, sheathing, wrap- 
ping and cartridge paper, three cents per pound ; and on all pa- 
per envelopes, whether plain, ornamental or colored, and on all 
billet-doux or fancy note paper, of whatever form or size, when 
of less size than letter paper, thirty per centum ad valorem ; on 
music paper, with lines, and on paper gilt or covered with metal 
other than gold or silver, paper snuiT-boies, japanned or not jap- 
panned, and other fancy paper boxes, twenty-fire per centum ad 
valorem ; on all paper hangings, or paper for screens or fire- 
boards, thirty-five per centum ad volorem ; on all blank: or visit- 
ing cards, twelve cents per pound ; on playing cards, twenty-five 
cents per pack ; on blank books when bound, twenty cents per 
pound ; when unbound, fifteen cents per pound ; on all parch- 
ment and vellum, and on asses skin and imitation thereof, wafers, 
sealing-wax, and black lead pencils, crayons of all kinds, and me- 
talic pens, twenty-five per centum ad valorem ; ink and ink pow- 
der of all kinds, twenty-five per centum ad valorem ; quills pre- 
pared or manufactured, twenty-five per centum ad valorem ; quills, 
unprepared or unmanufactured, fifteen per centum ad valorem ; on 
rags, of whatever material, waste or shoddy, a quarter of one cent 
per pound ; on all other paper not enumerated, fifteen cents per 
pound. 

Second. On all books printed in the English language, or of ^*«*«»»««» 
which English forms the text, when bound, thirty cents per 
pound, when in sheets or boards, twenty cents per pound : Pro- 
vided, That whenever the importer shall prove, to the satisfac- 
tion of the collector, when the goods are entered, that any such 
book has been printed and published abroad more than one 
year, and not republished in this country, or has been printed 
and published abroad more than five years before such importa- 
tion, then and in such case said books shall be admitted at one- 
half of the above rate of duties : Providedy That the said terms 
of one year and five years, shall in no case commence, or be com- 
puted at and from a day before the passing of this act ; on all 
books printed in Latin or Greek, or in which either language 
forms the text, when bound, fifteen cents per pound, when un- 
bound, thirteen cents per pound : on all books printed- in 
Hebrew, or of which that language forms the text, when bound, 
ten cents per pound, and when unbound, eight cents per 
pound : Provided, That all books printed in foreign languages, 
Latin, Greek, and Hebrew, excepted, shall pay a duty of five 
cents per volume when bound or in boards, and when in sheets 
or pamphlets, fifteen cents per pound ; and editions of works in 
the Greek, Latin, Hebrew, or English language, whicli have 
been printed forty years prior to the date of importation, shall 



Digitized by CjOOQIC 



M3t 1842— Chap. 285. 

jmy a duty of five cents per volome r and all refydrtt of legirin- 
ti?e comiuitteefl appointed under foreign GovernmentB shall 
pay a doty of five cents per volarae ; on polyglotg, lexieooa, 
and dictionaries, five cents per pound ; on books of eogmv- 
ings, or plates, with or without letter press, whether bounA 
or unbound, and on maps and chatts, twenty per centum ad va- 
lorem. 

^ 8. And be it further enacted, That from and after the 
passage of this act, there shall be levied, collected, and paid, tm 
the importation of the articles hereinafter mentioned, the MIow*^ 
ing duties : that is to say. 
Bngara, iinipa, FirBt. On raw sugar (commonly called brown sugar), not ad** 
muT' ooo^* vanced beyond its raw state, by claying, boiling, clarifying, of 
tiooary, cte, other process, and on sirup of sugar, or of sugar cane, and on 
brown clayed sugar, two and a half cents per pound ; on all oth- 
er sugars, when advanced beyond the raw state, by claying, bcril* 
ing, clarifying, or other process, and not yet refined, four cenis 
per pound ; on refined sugars, (whether loaf, lump, crushed, or 
pulverized, and when, after being refined, they have been tine- 
tared, colored, or in any way adulterated), and on sugar candy, Six 
cents per pound ; on molasses, four and one half milb per 
pound ; Provided, That all sirups of sugar or sugar cane, en- 
tered under the designation of molasses, or any other appeliaiion 
than '^ sirup of sugar" or of sugar cane, shall be liable to 
forfeiture to the United States ;' on -comfits. On sweatmeats, of 
fruits preserved in molasses, sugar or brandy, and on confection- 
ary of all kinds, not otherwise 'specified, twenty-five per centum 
ad valorem ; Provided further, That an inspection under 
such regulations as the Secretary of the Treasury may pre- 
scribe, shall be made of all sugars and molasses imported from 
foreign countries, iii order to prevent frauds, and to prevent the 
introduction of sugars, sirup of sugar, sirup of cane, or bat-> 
tery sirup, under the title of molasses, or in any other improper 
manner. 
ohoeoute, Bpi- Second. On cocoa, one cent per pound ; chocolate, four centa 
■Srerf^ww' per pouud ; on mace, fifty cents per pound; nutmegs, thirty 
JS;*^ cents per pound; cloves, eight cents per pound; cinnamon, 
twenty-five cents per pound ; 6i! of cloves, thirty cents per 
pound; Chinese cassia, five cents per pound ; pimento, fivecenta 
per pound ; on black pepper, five cents per pound ; Cayenne 
and African, or Chili pepper, ten cents pf?r pound ; gingefj 
ground, four cents per pound ; ginger in the root, when not pre^ 
served, two cents per pound ; on mustard twenty-five per cen- 
tum ad valorem ; on mustard-seed and on linseed five per cett* 
torn ad valorem ; on camphor, refined, twenty cents per pound ; 
crude camphor, five cents per pound ; on indigo, five cents per 
pound ; on woad or pastel, one cent per pound ; on ivory or 
bone black, three-fourths of one cent per pound ; on alum, one 
cent and a half per pound ; on opium, ^eventy-'five cents per 
pound; on quicksilver, fi^ per centum ad vah>rem;on rot! 



Digitized by CjOOQIC 



1842 Chap. 28f . gggHf 

brimstone, calomel and other meroorial preparations} corrosive 
sublimate, and red precipitate, twenty-five per cefitiiin ad valo- 
rem ; on glue, five cents per pound ; on gunpowder, eight cents 
per pound ; od copperas and green vitriol^ two cents per pound J 
on blue or Roman vitriol, or sulphate of copper, four cents per 
pound ; on oil of vitriol, or sulphuric acid, one cent per pound ; 
on almonds and prunes, three cents per pound ; on^weet oil of 
almonds, nine cents per pound ; on dates, one cent per pound ; 
currants, three cents per pound ; figs, two cents per pound ; on 
all nuts not specified, eicept those used for dyeing, one cent per 
poutid ; on muscatel and bloom raisins, either in boxes or jars, 
Ihree cents per pound ; and on all other raisins, two cents per 
pound ; on olives, thirty per centum ad valorem. 

Third. On olive oil in casks, twenty cents per gallon ; olive ouve ou, oi 
salad oil in bottles or betties, thirty per centum ad valorem ; all J^irei^a'^fi^fr? 
other olive oil, not salad, and not otherwise specified, twenty per^^"* 
centum ad valorem ; oa spermaceti oil of foreign fisheries, twen- 
ty-five cents per gallon ; whale or other fish oil, not sperm, of for- 
eign fisheries, fifteen cents per gallon ; whalebone the product of 
foreign fisheries, twelve and a half per centum ad valorem ; on 
spermaceti or wax candles, and on candles of spermaceti and wax ^^■'^*^*'*' 
combined, eight cents per pound ; wax tapers, thirty per centum 
ad valorem ; tallow candles, four cents per pound ; on tallow, tuiow. 
one cent per pound ; bees wax, Ueaclied or unbleached, and ^^ 
shoemakers' wax, fifteen per centum ad valorem ; on Windsor, 
shaving, and all other perfumed or ftncy soaps, or wash balls, 
and Castile soap, thirty per centum ad valorem; on all other ^^*p»*^ 
hard soaps, four cents per pound ; and on all soft soap, fifty cents 
per barrel ; on marrow, grease, and all other soap stocks and soap 
stuffs, ten per centum ad valorem ; on starch, tWo cents per ^^^^^ 
pound ; on pearl or hulled barley, two cents per pound ; on sariejl 
corks, thirty per centum ad valorem ; on manufactures of cork, cork. 
twenty-five per centum ad valorem ; on sponges and spunk, spoiigM,etc 
twenty per centum ad valorem ; on oranges and lemons i^ boxes, w^tM, 
barrels or casks, and on grapes not dried, in boxes, kegs, or jars, i 

twenty per centum ad valorem. 

Fourth. On salt, eight cents per bushel of fifty-six pounds ; vartoiui oUmt 
on saltpetre, partially refined, one fourth of one cent per pound ;^ ^ 
completely refined, two cents per pound ; on bleaching powder, 
or chloride of lime, one cent per pound ; on vinegar, eight cents 
per gallon ; on spirits of turpentine, ten cents per gallon ; on 
beef and pork, two cents per pound ; hams and bacon, three 
cents per pound ; prepared meats, poultry or game, in cases or 
otherwise, and Bologna sausages, twenty-five per centum ad va- 
lorem ; on cheese, nine'oents per pound ; t>ut(er, five cents per 
pound ; lard, three cents per pound ; macaroni and vermkelK, 
gelatine, jellies, and all similar preparations, thirty per centum ad 
valorem ; on wheat, twenty-five cents per bushel ; barley, twenty 
cents per bushel ; rye, fifteen cents per bushel ; oats, ten cents 
per bushel ; Indian corn, or maise, (on cents per bushel ; whe«l 
flour, seventy cents. per one hundred and twelve pounds*; f ftdian 
89 



Digitized by 



Google 



3934 1842 Chap. 286. 

meal, twenty cents per one hundred and twelve pounds ; potatoes^ 
tqn cents per bushel ; on foreign fish, viz : dried or smoked, one 
dollar per one hundred and twelve pounds ; on mackerel and 
herrings, pickled or salted, one dollar and fifty cents per barrel; 
on pickled salmon, two dollars per barrel; on all other fish, 
pickled in barrels, one dollar per barrel ; on all other pickled fish, 
imported otherwise than in barrels or half barrels, not specified, 
twenty per centum ad valorem ; and on sardines and other fish, 
preserved in oil, twenty per ceritum ad valorem : Provided^ That 
fresh caught fish, brought in for daily consumption, shall be ex- 
empt from duty ; on fish-glue or isinglass, twenty per centum ad 
valorem ; on pickles, capers, and sauces of all kinds, not other- 
wise enumerated, thirty per centum ad valorem ; on castor oil, 
forty cents per gallon ; neatsfoot and animal oils, and all volatile 
and essential oils, not otherwise specified, twenty per centum ad 
valorem ; on all gums and other resinous substances, not specified, 
in a crude state, fifteen per centum ad valorem ; and on the said 
articles, when not in a crude state, and on pastes, balsams, essen- 
ces, tinctures, extracts, cosmetics, and perfumes, not otherwise 
enumerated, twenty-five per centum ad valorem; on benzoic, 
citric, white or yellow muriatic, nitric, oxalic, pyroligneous, and 
tartaric acids, twenty per centum ad valorem ; on boracic acid, 
five per centum ad valorem ; borax or tinctal, twenty five per 
centum ad valorem ; on amber, ambergris, ammonia, annatto, 
annisseed, arrow root, vanilla beans, French chalk, red chalk, 
juniper berries, manganese, nitrate of lead, chromate, bichromate, 
and prussiate of potash, glauber and Rochelle salts, Epsom salts 
or sulphate of magnesia, and all other chemical salts or prepara* 
tions of salts not enumerated, smalts, salsoda, and ail carbonates 
of soda, by whatever name designated, other than soda ash, barilla, 
and kelp, twenty per centum ad valorem ; on sulphate of quioioe, 
forty cents per ounce, avoirdupois; on soda ash, five percentom 
ad valorum. 
Bwadr, <itb«r ^^^^^' ^" brandy, one dollar per gallon ; on other spiriU 
SSfpSSTifcS'"^""^^^^"''^^ ^' distilled from grain or other materials, for fiwt 
and second proofs, sixty cents, for third proof, sixty-five cents, for 
fourth proof, seventy cents, for fifth proof, seventy-five cenU, and 
nil above fifth proof, ninety cents per gallon ; on Madeira, Sherry, 
San Lucar, and Canary wine, in casks or bottles, sixty cents per 
gallon; on champagne wines, forty cents per gallon ; on port, 
Burgundy, and claret wines,^ in bottles, thirtv-five cents per gal- 
lon ; on port and Burgundy wines in casks, fifteen cents per gal- 
lon ; on Tenerifie wines, in casks or bottles, twenty cents per gal- 
lon ; on claret wines, in casks, six cents per gallon ; on the while 
wines, not enumerated, of France, Austria, Prussia, and Sardi- 
nia, and of Portugal and its possessions, in casks, seven and a 
half cents per gallon ; in bottles tweftty cents per gallon ; on the 
red wines not enumerated, of France, Austria, Prussia, and Sar- 
dinia, and of Portugal and its. possessions, in casks, six cents 
per gallon ; in bottles twenty cents per gallon, on the white and 
red wines of Spain, Germany, and the Mediterranean, not eoo- 

Digitized by CjOOQIC 



1842 Chap. 285. 293ir 

mer&tedy in casks, twelve and a half cents per gallon; in bot* 
ties, twenty cents per gallon ; on Sicily, Madeira, or Marsala 
wines, in casks or bottles, twenty-five cents per gallon ; on 
other wines of Sicily, in casks or bottles, fifteen cents per gal- 
lon: on all other wines,' not enumerated, and other than those 
of France^ Austria, Prussia, and Sardinia, and of Portugal and 
its possessions, wheTi in bottles, sixty-five cents per gallon, when 
ID casks, twenty-five cents per gallon : Provided^ That nothing 
herein contained shall be construed or permitted to operaic fo as 
to interfere with subsisting treaties with foreign nations: Provide 
ed further^ That all imitations of brandy or spiiits, or of any of 
the said wines, and all wines imported by any name whatever, 
shall be subject to the duty provided for the genuine article, and 
1o the highest rate of duty applicable to the article of the same 
name. And provided furttier^ That when wines are imported 
in bottles, the bottles shall pay a separate duty, according to the 
rate established by this act ; on cordials and liqueurs of all kinds, 
sixty cents per gallon ; on arrack, absynthe, Kirschen wasser, 
ratafia, and other similar spirituous beverages, not otherwise spe- 
cified, sixty cents per gallon ; on ale, •porter, and beer, in bot- 
tles, twenty cents per gallon ; otherwise than in bottles, fifteen 
' cents per gallon ; on tobacco in leaf, or unmanufactured, twenty ivbaeeo. 
per centum ad valorem ; on cigars, of all kinds, forty cents per 
pound ; on snuff, twelve cents per pound ; manufactured tobac- 
co, other than snuff and cigars ten cents per pound. 

% 9. And be it further enacted^ That from and after the day ArtieiM «nnfi 
and year before mentioned, the following articles shall be exempt '"*"^''^' 
from duty, namely : 

First. All articles imported for the use of the United States. 

Second. All goods, wares or merchandise, the growth, produce 
or manufacture of the United States, exported to a foreign coun- 
try, and brought back to the United States, and books and per- 
sonal and household effects, not meichandise, of citizens of the 
United States dying abroad. 

Third. Paintings and statuary, the production of American art- 
ists residing abroad. 

Fourth. Wearing apparel in actual use, and other personal ef- 
fects, not merchandise, professional books, instruments, imple- 
ments, and tools of trade, occupation, or employment, of persons 
arriving in the United States. 

Fifth. Philosophical apparatus, instruments, books, maps, and 
charts, statues, statuary, busts, and casts, of marble, bronze, ala- 
baster, or plaster of Paris, paintings, drawings, engravings, etch- 
ings, specimens of sculpture, cabinets of coins, medals, gems, 
and all other collections of antiquities, provided the same be^spe- 
cially imported in good faith^ortheuse of any society incorpora- 
ted or established for philosophical or literary purposes, or for the 
encouragement of the fine arts, or for the use and by the order 
of any college, academy, school, or seminary of learning in the 
United States. 

Sixth. Anatomical preparations, models of machinery, and of 



Digitized by CjOOQIC 



9939 I84Z Chaf. 285. 

other inventions and raiprovemento in the arts ; specimens in not' 
ural history, mineralogy, and botany ; trees, shrubs, plants, bulbs, 
or roofs, and garden seeds not otherwise specified ; berries, nets, 
and vegetables, used principally in dyeing or composing dyes; all 
dye-woods in stick; whale and o^her fish oils of American fisheries, 
and all other articles the produce of said fisheries ; animals import- 
ed for breed; fish fresh caught, imported for daily consumption; 
fruit green or ripe, from the West Indies, in bulk : tea and coffee 
when imported in American vessels from the places of their 
growth or production. 

Seventh. Adhesive felt for sheathing vessels, alcornoque, aloes, 
antimony crude, argol, assofcetida, ava root, barilla, bark of cork 
tree unmanufactured ; bells or bell metal, old and only fit to be 
re-manufactured, or parts thereof, and chimes of bells ; brass in 
pigs or bars, and old brass only fit to be re-manufactured ; Brazil 
wood, crude brimstone, and flour of sulphur, bullion, burrstones, 
anwrought ; cantharides, chalk, clay unwrought, cochineal, coins 
of gold and silver, copper imported in any shape for the use of 
the mint, copper in pigs, or bars, and copper ore; plates or sheets 
of copper for sheathing vessels ; but none is to be so considered 
except that which is fourteen inches wide, and forty-eight inches 
long, and weighing from fourteen to thirty-four ounces per square 
foot ; old copper fit only to be re-manufactured ; cream of tartar; 
emery; flints, ground flint, gold bullion, gold epauletts and 
wings, grindstones, gum Arabic, gum Senegal, gum tragacantb, 
India rubber, in bottles or sheets, or otherwise, unmanufactured, 
and old junk, oakum, kelp, kermes, lac dye, leeches, madder, 
madder root, mother of pearl, nickel, nux vomica, palm leaf un- 
manufactured, palm oil; Peruvian bark, pewter when old and 
only fit to be re-manufactured ; platina unmanufactured, ivory 
unmanufactured, plaster of Paris unground, ratans and reeds un- 
manufactured, rhubarb, saltpetre when crude, sarsaparilla, shel- 
lac, silver bullion, silver epauletts and wings, stones called polish- 
ing stones, stone called rotten stone, sumac, tartar when crude, 
teuteneque, turmeric, weld, woods of all kinds^when unmanufac- 
ariMreMt. on tared, not herein enumerated. 
milSlSd "S^prov"! ^ 10. And be U further enaded, That, on all articles not here- 
^•dfor. in enumerated or provided for, there shall be levied, collected, 

and paid a duty of twenty per centum ad valorem. 
• pt^wiVroJSm" ^11. And be it further enacted, That an addition of ten 
•ii|ir'^Nb° MdPer centum shall be made to the several rates of duties by this 
act imposed, in respect to all goods, wares, and merchandise, on 
the importation of which, in American or foreign vessels, a speci- 
fic discrimination between them is not herein made, which from 
and after the time^when this act shall take eflfect and go into op- 
eration, shall be imported in ships tr vessels not of the United 

SJiVAu" ol'^^rf^^*^®® ^ ^^^ ^^^^ ^ further addition of ten per centum shall be 
Q(!^''uoi'«.*'* made to the several rates of duties imposed by this act on all 
goods, wares and merchandise, which shall be imported from any 
prowto: vTMobport or placo east of the Cape of Good Hope, in foreign vessels : 
tS'ima^ca^^l provided, That these additional duties shall not apply to goods, . 



Digitized by CjOOQIC 



184S ^Chap. 388. 1937 

tvares, or merchandise, which shall be knpoHed after the day that 
this aet goes into operation, in ships or vessels not of the United 
States, entitled by treaty, or by any act or acts of Congress, to be 
entered in the ports of the United States, on the payment of the 
same' duties as shall then be paid on goods, wares, or nerchao' 
dite, imported in fthips or vessels of the United States. 

^ 12. And beUfnriher enadtdy That on and after the day j^"^tob«ji.w 
this act goes into operation, the duties on all imported goods, 
wares, or merchandise, shall be paid in cash : Provided^ Thai in 
ail cases of fiiiltMne or neglect to pay the duties, on completion of '••^ •'**'«•• 
the entry, the said goods, wares, or merchandise, shall be taken 
possession of by the collector, and deposited in the public stores, 
there to be kept with due and reasonable care, at the charge and 
risk'of the owner, importer, consignee, or agent ; and if any 
saeb goods remain 'm pubKc store beyond sixty days (except io 
the case of goods imported from beyond the Cape of Good Hope, 
remaining for the space of ninety days) without payment of the 
duties thereon, then said goods, wares and merchandise, or such 
qaantities thereof, as may be deemed necessary to discharge the 
duties, shall be appraised and sold by the collector at public mtic* 
tion, on due public notice thereof, being first given, in the man- 
ner and for the time to be prescribed by a general regulation of 
the Treasury Department ; and at said public sale, distinct print- 
ed catalogues, descriptive of said goods, with the appraised value 
affixed thereto, shall be distributed among the persons present at 
nid sale ; and a reasonable opportunity shall be given, before 
such sale, to persons desirous of purchasing, to inspect the qaali* 
ty of such goods ; and th^ proceeds of said sales, after deducting* 
the usual rate of storage at the port in question, together with ait 
other charges and expenses, including interest on the! duties from 
the date of entry at the rate of six per centum per annum, shall 
be applied to the payment of the duties, and any balance of mo» 
ney remaining, over and above the full amount of duties, charg- 
es, and expenses and interest aforesaid, as well as such quatitities 
of any goods, wares, or merchandise,*as may 'not have been sold' 
for the purposes before mentioned, shall be delivered, and the 
money paid over, by the collector, to the owner, importer, con- 
signee, or agent, and proper receipts taken for the same : And 
provided, That if no claim be made by such owner, importer, 
consignee, or agent, for the portion of goods which may remain 
in the hands of the collector, after such sale, the said goods shall 
be forthwith returned to the public stores, there to be kept at the 
risk and expense of the owner, importer, consignee, or agent, 
until claimed or sold for storage agreeably to law ; and the pro- 
ceeds of the sale for duties remaining onclaimed for the space of 
ten days after such sale, shall, after payment of duties and all 
expenses aforesaid, at the expiration of that period, be paid by 
the collector into the Treasury, in the manner provided for in the 
case of unclaimed goods in the next succeeding section of this 
act: And fromdedy further^ That when any goods are of a per* 
iahabie natore, they shall be sold forthwith. 



Digitized by 



Googk 



2938 1842 Chap. 285. 

Ju^nUckS^ ^ 13- "^^ *^ ^ further enacted, That, previous to the nle 
foodf. of any unclaimed goods, the said collector shall procure an in- 

ventory and nppratseroent thereof to be made, and to be verified, 
on oath or affirmation, by two or more respectable merchants, be- 
. fore the said collector, and to remain with him ; and said eoUec* 
tor shall afterward cause said goods to be advertised and soldi io 
the manner provided for in this act, and, after retaining the do- 
ties thereon, agreeably to such inventory and appraisement, and 
interest and charges as aforesaid, shall pay the overplus, if any 
there be, into the Treasury of the United States, there to remain 
for the use of the owner or owners, who shall, upon due proof of 
his, her, or their property, be entitled to receive the same ; for 
which purpose the collector shall transmit, with the said overplus, 
a copy of the inventory, appraisement, and account of sales, 
specifying the marks, numbers, and descriptions of the packages 
sold, their contents, the name of the vessel and master in which 
and of the port or place whence they were imported, and the 
time when, and the name of the person or persons to whom said 
goods were consigned in the manifest ; ai\d the receipt or certi- 
ficate of the collector shall exonerate the master or person having 
charge or command of any ship or vessel in which said goods, 
wares, and merchandise were imported, from all claim of the 
owner or owners thereof: Provided, That so much of the fifty, 
sixth section of the general collection luw of the second of March 
seventeen hundred and ninety-nine, which provides for the stor- 
age of unclnimed merchandise, as conflicts with the provisions of 
this act, shall be, and is hereby repealed : Promdtd^ also. That 
when such goods are of a perishable nature, they shall be sold 
forthwith, 
mmwimeu oo ^14. Afid ht it further enacted. That on and after the day 
£id%u^[/!!!i this law goes into effect, there shall be allowed a drawback on 
(S^?^r!^'!!!!|! foreign sugar refined in the United States, and exported therefrom^ 
>*'^- equal in amount to the duty paid on the foreign sugar from which 

it shall be manufactured, to be ascertained under such regula* 
tions as shall be prescribed by the Secretary of the Treasury, and 
no more ; and on spirits distilled from foreign molasses, a draw- 
back of five cents per gallon, till the first day of January, eight* 
een hundred and forty three, when it shall be reduced one cent 
per gallon ; and annually on the first day of January thereafter, 
the said drawback shall be reduced one cent per gallon until the 
same shall be wholly discontinued : Provided, That this act shall 
not alter or repeal any law now in force regulating the exporta- 
tion of sugar refined or spirits distilled from molasses in the Vnu 
ted States, except as to the rates of duties and drawbacks. 
^ 15. And be it further enacted. That, in the case of all 
Unm^H^r' S^^^^y Wares, and merchandise, imported on and after the day 
yJH! " this act goes into operation, and entitled to debenture under the 
existing laws, no drawback of the duties shall be allowed on the 
same, unless said goods, wares, or merchandise shall be exported 
Ho additional da. from the United States within three years from the date of im« 
«f raAudwi. portation of the same ; nor shall the additional rate of duty lev- 



Digitized by CjOOQIC 



1842 CuiLP. 285. 2939 

led by this act on goods, wares, and merchandise, imported in 
foreign vessels, be refunded in case of re-exporlalion : Providedy ^.J^^^^^l.^^ 
That two and one half per centum on the amount of all draw- uioad bj v.bT 
backs allowed, except on foreign and refined sugars, shall be re- 
tained, for the use of the United States, by the collectors paying 
such drawbacks, respecfively ; and in the case of foreign refined 
sugars, ten per centum shall be so retained. 

^ 16. And be it further enacted, That in all cases where there v«kSJ"*'id"^'!SI 
is OP- shall be imposed any ad valorem rate of duly on any goods, JJJ}"^^^, Jjjjj! 
wares, or merchandise imported into the United States, and in od to bt «M«r« 
all cases where the duty imposed shall by law be regulated by, or*** 
directed to be estimated or based upon, the value of the square 
yard, or of any specified quantity or parcel of such goods, wares 
or merchandise, it shall be the duty of the collector, within whose 
district the same shall be imported or entered, to cause the actual 
market value or wholesale price thereof, at the time when pur- 
chased, in the principal markets of the country from which the 
same shall have been imported into the United States, or of the 
yards, parcels, or quantities, as the case may be, to be appraised, 
estimated and ascertained, and to such value or price, to be as- 
certained in the manner provided in this act, shall be added all 
costs and charges except insurance, and including, in evefy case, coitnobtadiirt 
a charge for commissions at the usual rates as the true value of 
the port where the same may be entered upon which duties shall 
be assessed. And it shall in every such case, be the duty of the 
appraisers of the United States, and every one of them, and ev- 
ery person who shall act as such appraiser, or of the collector and 
naval officer, as the case may be, by all reasonable ways and 
means in his or their power, to ascertain, t&stimate, and appraise 
the true and actual market value and wholesale price, any invoice 
or affidaviPt thereto to the contrary notwithstanding of the said 
goods, wares, and merchandise, at the time purchased, and in the 
principal markets of the country whence the same shall have 
been imported into the United States, and the number of such 
yards, parcels or quantities, and such actual market value or 
wholesale price of every of them, as the case may require ; and 
all such goods, wares, or merchandise, being manufactured of 
wool, or whereof wool shall be a component part, which shall be 
imported into the United States in an unfinished condition, shall ^^ 

in every such appraisal, be taken, tleemed, and estimated to have iel!itoiMratodM 
been at the time purchased, and place whence thcsame wereim-*"^*^ 
ported into the United Stated, of as preat value as if the same had 
been entirely finished ; Provided, That in all cases where goods, p,^^^.^^, 
wares, and merchondise, subject to ad valorem duty, or on wHich broo^t7»tD7 
the duties are to be levied upon the value of the square yard, £!!^fj!!l!!ild *!!? 
and in all cases where any specific quantity or parcel of such5',;iilS**a?*thl!J 
goods, wares, and merchandise, shall have been imported into JSjjJ^j^lr^'JJJ 
the United States from a country in which the same have not dnoed. 
been manufactured or produced, the foreign value shall be 
appraised and estimated according to the current market value ^ 

.or wboleiale price of similar articles at the principal markets of 



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2M0 1842— Ohap. 285. 

the country of production or manufacture, at the period of the 
exportation of said goods, wares and merchandise, to the United 
States. 
oJSS?«d'*5h^ ^ n. And be U further enaded. That it shall be lawful for 
Jg^JJjj^ *"the appraisers, or the collector and naval officer, as the case may 
be, to call before them and examine^ upon oath or affirmatioo, 
any owner, importer, consignee or other person, touching any 
matter or thing which they may deem material in ascertaining 
the true market value or wholesale price of any merchan/Jise 
imported, and to require the production, on oath or affirmation 
to the collector or to any permanent appraiser, of any letters, ao 
Qounts, or invoices, in his possession relating to the saoae, for 
which purpose they are hereby respectively authorized to admin- 
^^jjj^^j^jj^jljister oaths and affirmations; and if any person so called shall 
^.J[<^^'^"? orneglect or refuse to attend, or shall decline to answer, or shall, 
DraiMment to belt required, rcfuse to answer m writing any interrogatories, and 
subscribe his name to his deposition, or to produce such papers, 
when so required, he shall forfeit and pay to the United States 
the «um of one hundred dollars ; and if such person be 
the owner, importer, or consignee, the appraisement which the 
said appraisers, or collector and naval officer, where there are oo 
Ic^l appraisers, may make of the goods, wares, and merchan- 
dise, shall be final and conclusive, any act of Congress to the 
contrary notwithstanding ; and any person who shall wilfully 
p^^^^^^'^^^ corruptly swear or affirm falsely on such examination, 
UaiMdnierefor. shall be deemed guilty of perjury ; and if he be the owner, iai- 
porter or consignee, the merchandise shall be forfeited : and all 
testimony in writing, or depositions, taken by virtue of this sec- 
tion, shall be filed in the collector's office, and preserved fi>r 
future use or reference, to be transmitted to the Secretary of the 
JS^oa'w/th'I*>'^stiry when he shall require the same; Provided, That if 
SJStffriiTbi^'^® importer, owner, agent, or consignee, of any such goods, 
n«ie,iH>w. shall be dissatisfied with the appraisement,and shall havecomplied 
with the foregoing requisitions, he may forthwith give notice to 
the collector in writing, of such dissatisfaction ; on the receipt 
of which the collector shall select two disereec and experienced 
merchants, citizens of the United States, familiar with the char- 
acter and value of the goods in question, to examine and appiaise 
the same, agreeably to the foregoing provisions ; and if they shall 
disagree,.the collector shall decide between them ; and the ap- 
praisement thus determined shall be final, and deemed and taken 
to be the true value of said goods, and the duties shall be levied 
thereon accordingly, any aot of Congress to the contrary notwith- 
to^2S*i£l**lS^**^"^*"g5 Provided, also. That in all cases where the actual 
52Jj«g%j^ value to be appraised, estimated and ascertained as hereinbefore 
lOiMrMM. stated, of any goods, wares, and merchandise, imported into the 
United States, and subject (o fi^ny ad valorem duty, or whereoB 
the duty is regulated by or directed to be imposed or levied on 
the value of the square yard, or other parcel or qvaotity iheroofy 
shall exceed by ten per oentum or laore Ihe invoice valw, tbem 



Digitized by CjOOQIC 



1842 Chap. 286. 2941 

in addition to the duty imposed by law on the same, there shall 
be levied and collected, on the same goods, wares, and merchan- 
dise, fifty per centum of the duly imposed on the same, when 
fairly invoiced. 

^ 18. And bi it further enacted^ That ihe several collectors Authority to 
be, and they are hereby, authorized, under such regulations as L'Skie^^fr-dMu 
may be prescribed by the Secretary of the Treasury, whenever "iSrttoe'TaSie.'* 
Ihey shall deem it necessary to protect and secure ihe revenue of 
the United Slates against frauds or under yaluation, and the same 
is practicable, to take the amount of duties chargeable on any ar- 
ticle bearing an ad valorem rate of duty, in the article itself, ac- 
cording to the proportion or rate per centum of the duty on said 
article ; and such goods, so taken, the collector shall cause to be 
sold at public auction, within twenty days from the time of tak- 
ing the same, in the manner prescribed in this act, and place the 
proceeds arising from such sale in the Treasury of the United 
States ; Provided^ That the collector or appraiser shall not be 
mllowed any fees or commissions for taking and disposing of said 
goods, and paying the proceeds thereof into the Treasury, other 
than are now allowed by law. 

^ 19. And be it further enacted^ That if any person shall Attem titodt- 
knowingly and wilfully, with intent to defraud the revenue of ihe^raad'i'crevemw 
United Slates, smuggle or clandestinely introduce into the United Snelnd Impri*^ 
States any goods, wares, or merchandise, subject to duty by law, ^^^^^'^^ 
and which should have been invoiced, without paying or account- 
ing for the duty, or shall make out, or pass, or attempt to pass, 
through the custom-house, any false, forged, or fraudulent in- 
voice, every such person, his, her, or their aiders and abettors, 
shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be fined in any sum not exceeding five thousand dol- 
lars, or imprisoned Tor any term of lime not exceeding two years^ 
or both, at the discretion of the court. 

<^ 20. And be it further enacted^ That there shall be levied, Duties on non- 
collected, and paid, on each and every non-enumerated article ^jy^^*^'*'* •"*" 
which bears a simflitude, either in material, quality, texture, or • 
the use to which it may be applied, to any enumerated article i 

chargeable with duty, the same rate of duty which is levied and 
charged on the enumerated article which it most resembles in any 
of the particulars before mentioned; and if any non-enumerated 
article equally resembles two or more enumerated articles, on 
which different rates of duty are chargeable, there shall be le- 
vied, collected, and paid, on such non-enumerated article, the 
same rate of duty as is chargeable on the article which it resem- 
bles paying the highest duty ; and on all articles manufactured 
from two or more materials, the duty shall be assessed at the 
highest rates at which any of its component parts may be charge- ' 

able. f 

^21. And be it further enacted, That the collector shall de- inrokS'°*"''Md ' 
signate on the invoice at least one package of every invoice, and ^df^f* "^'"*'' 
one package at least of every ten packages of goods, wares, or J 

40 ^^ I 

Digitized by CjOOQ IC 



2942 1342 Chap. iSS. 

merchandise, and a greater number, should be or either of Ha 
appraisers deem it necessary, imported into such port, to be 
opened, examined, and appraised, and shall order the package 
or packages so designated to the public stores for examination ; 
and if any package be found by the appraisers to contain any ar- 
ticle not specified in the invoice, and they or a majorhy of them 
shall be of opinion that such article was omitted in the invoice 
virith fraudulent intent on the part of the shipper, owner, or 
agent, the contents of* the entire package in which the article 
may be shall be liable to seizure and forfeiture on conviction 
thereof before any court of competent jurisdicftion, but if said 
appraisers shall be of opinion that no auch fradulent intent ex- 
isted, then the value of such article be added to the entry, aad 
the duties thereon paid accordingly, and the same shall be de- 
livered to the importer, agent, or consignee : Providedy That 
such forfeiture may be remitted by the Secretary of the Treasury, 
on the production of. evidence, satisfactory to him, that no fraud 
was intended : Provided further^ That if on the opening of 
package or packages of goods, a deficiency of any article shall 
be found, on examination by tlie appraisers, the same shall be 
certified to the^ collector on the invoice, and an allowance for the 
same be made in estimliting the duties. 
WhOT« tbftw ^ 22. And he it further efiacted, That where goods, wares, 
i^raiMttt*toand merchandise shall be entered at ports where there are no ap- 
ba inadt, **^ praisors, the mode hereinbefore prescribed of ascertaining the 



foreign value thereof, shall be carefully observed by the revenue 

ofiiters to whom is committed the estimating and collection of 

duties. 

flMrttaiyoftbe ^ 23. Aful be it further enacted^ That it shall be the duty 

uiS7«'ii^fc^<>f ^b® Secretary of the Treasury from lime to time to establish 

Mff t u nMv Mi AM , gm>|^ ,.y|gg j^pj regulations, not inconsistent with the laws of the 

United States, to secure a just, faithful, and impartial appraisal 

of all goods, wares, and merchandise, as aforesaid, imported into 

the United ' States, and just and proper entries of such actual 

market value or wholesale price thereof, and oT the square yards, 

parcels, or other quantities, as the case may require, and 6f such 

. actual market value or whole sale price of every of them. 

(MkMiof uia ^ 24. And be it further enacted^ That it shall be the duty of 

^r^TLt^tkSM all collectors and other officers of the customs to execute and 

rfi£TSlSSj7^'''y "»^o ®*^c^ all instructions of the Secretary of the Treasury 

rdative to the execution of the revenue laws ; and in case any 

difficulty shall arise as to the true construction or meaning of 

any part of such revenue laws, the decision of the Secretary 

of the Treasury shall be conclusive and binding upon all such 

AMMtto app,y ^^Wcctors and other officers of the customs. 

fifttbirf*uirj& ^ 2^- ^^^ ** further enacted, Teat nothing in this act con- 

^^j^.^be^d tained shall apply to gooods shipped in a vessel bound to any port 

HoiM«'^o''r o^of the United States, actually having left her last port of lading 

8^7/ i8«S^iawi eastward of (he Cape of Good Hope or beyond Cape Horn prior 

tpKie«i»ittb«r«ioto th^ g„j j^y ^f September, eighteen hundred and forty-two; 



Digitized by CjOOQIC 



lS4S-43aAP. 285^. 9943 

And all legal provisions ^nd regulations existing immediately ba* 
fore the thirtieth day of June, eighteen hundred and forty-two/ 
shall be applied to importations which may be made in Teasels 
which have left such last port of lading eastward of the Cape of 
Good Hope or beyond Cape Horn prior to said first day of Sep- 
tember, eighteen hundred and forty-two. 

^ 26. And be ii further enacted, That the laws existng on i^wt niitiiy 
the first day of June eighteen hundred and forty -two, shall ex-rnfori?°fOT*S5 
tend to and be in force for the collection of the duties imposed ***" i«n»«Mfc 
by this act on goods, wares, and merchandise, imported 'into the 
United States, and for ^he recovery, collection, distribution and 
remission of all fines,, penalties, and forfeitures, and for the al* 
lovirance of the drawbacks by this act authorized, as fully and ef- 
fectually as if every regulation, restriction, penalty, forfeiture, 
provision, clause, matter, and thing, in the said laws contained, 
had been inserted in and re-enacted by this act And that all t^J^JSUlSSrlt 
provisions of -any former law inconsistent with this act, shall be, PMied.'* 
and the same are hereby, repealed. 

^ 27. And be it further enacted, That it shall be the duty seeraury orth« 
of the Secretary of the Treasury ,^annually, to ascertain wheth- Jj;j5ir'irib«t!i 
er, for the year ending on the thirtieth of June, next preceding, ]^,^i"'\^ Vi 
the duty on any articles has exceeded thirty-five per centum ad eMM35p0reMit.t 
valorem on the average wholesale market value of such articles, c^ogn!!!'^'^ ^ 
in the several ports of the United States for the preceding year ; 
and, if so, he shall report a tabular statement of such articles and 
excess of duty to Congress, at the commencement of the next 
annual session thereof, with such observations and recommenda- 
tions as he may deem necessary for the improvement of the ret^ 
enue. 

^ 23. And be it further enacted, That the importation of all indeeent priotc 
indecent and obscene prints, paintings, lithographs^ engravingS) hSiSd."**"*****" 
' and transparencies, is hereby prohibited ; and no invoice or pack- 
age whatever, or any part thereof, shall be admitted to entry, in 
which any such articles are contained ; and all invoices and 
packages whereof any such articles shall compose a part, are 
hereby declared to be liable to be proceeded against, seized, and 
forfeited, by due course of law, and the said articles shall be 
forthwith destroyed. 

^ 29. And be it further enacted, That, wherever the word^J]^"''***'*** 
'< ton" is used in this act, in reference to weight, it shall be 
deemed and taken to be twenty hundred weight, each hundred 
weight being one hundred and twelve pounds avoirdupois. ^ 

^ 30. And be it further enacted, That so long as the distri-t^'^prao^^oc 
bution of the nett proceeds of the sales of the public lands, di- X^dtoolTruia 
rected tojbe made among the several States, Territories, and Dis- ^^^^^v^oa^a. 
trict of Columbia, by the act entitled ^* An act to appropriate the 
proceeds of the sales of the public lands and to grant pre-emp- 
tion rights," shall be and remain suspended by virtue of this act, 
and of the proviso of the sixth section of the act aforesaid, the 
ten per centum of the said proceeds directed to be paid by the 



Digitized by CjOOQIC 



3944 1842— Chap. 285—299. 

said act to the several States of Ohio, Indiana, Illinois, Alabams, 
Missouri, Mississippi, Louisina, Arkansas, and Michigan, shall also, 
be and remain suspended. Approved, August SOth, 1842. 

CHAP. 296. An act to establish an additional land office in Florida. 

Aiaahoa land ^ J. Be U etioctedy fyc, That so much of the public 
^irct •■ u j^^jg ^j- ^j^g United States in the Territory of Florida, as lies east 
of Suwannee river, and west of the line dividing ranges twenty- 
four and twenty-five, except that lying east of St. Mary's river, 
north of'the basis parallel, shall form a new land district, to be 
called the Alchua land district; and, for the sale of the public 
Nr!mluviite. ^ lands within the district afaresaid there shall be a land office es- 
tablished in the town of Newnansville, in the county of Alachua 
in the Territory aforesaid. 
wSi!iVto be Vp? "^ ^- ^^^ *^ *' further enacted. That there shall be a regis- 
poiot«iL ter and receiver appointed to said office, to superintend the sale 

of the public land in said district, who shall reside at the town of 
Newnansville aforesaid, give security in the same manner and 
sums, and whose compensation, emoluments, duties, and authori- 
ties, shall, in every respect, be the same, in relation to lands to 
be disposed of at said office, as are or may be by law provided in 
relation to the registers and receivers of public money irt the sev- 
eral offices established for the sale of the public lands. 
TU land! sub- ^ 3. Afid be it further enacted, That all such public lands, 
jMttoMto. embraced within the district created by this act, which shall have 
been ofTcred for sale to the highest bidder at any Innd office in 
said Territory, pursuant to any proclamation of the President of 
' the United States, and which lands remain unsold at the taking 
effect of this act, shall be subject to be entered and sold at pri- 
vate sale by the proper officers«of the office hereby created, in 
the same manner, and subject to the same terms, and upon like 
conditions, as the sale or said land would have been subect to in 
the said several land offices hereinbefore mentioned, had they re- 
mained attached to the same. Approved, August 30/ A, 1842. 

CHAP. 299. An act establishing certain post roads. 

taWiSe'dta* **' ^1. Beit enacted, ^c, That the following be established 
as post roads, viz : 

^ ' IN MAINE. 

From Milford, in the county of Penobscot, to Winslow's Mills 
in Greenfield, and county of Hancock. 

From Machias, by Crawford, to Alexander. 

From Houlton, in the county of Aroostook, to Fort Fairfield, 
in the plantation of Presqu'isle. 

From Dennysville, in the county of Washington, by way of 
Edmunds, to Whiting. 

From Sedgwick to Swan's Island Plantations. 

From ^tandish, in the codnty of Cumberland, to Saco, in the 
eouAty of York. 



Digitized by CjOOQIC 



1842 Chap. 299. 2945 

From Lovel to Usher. 

From Fish's Mills, by the town of Massardis, in the coanty of 
Aroostook, to the mouth of Fish River. 

From Bowdoinham Village to Bowdoin Cerrtre. 

From Bath, by way of Merrymeting Bride and Richmond Vil- 
lege> to Gardiner. 

IN NEW HAMPSHIRE. n«w Hamp- 

■hire. 

From Gilsum, via South Marlow, North Marlow, and Lemps* 
ter to Goshen. 

From Manchester, via Candia Township, to Candia. 

From Manchester, via Bedford Centre, to Amherst; 

From Northfield, via Franklin, Andover, Wiimut, New Lon* 
don and Wendell, to Newport. 

From Farmington, via New Durham Corner, to Alton. 

From Haverhill, New Hampshire, via Benton to Franconia. 



IN MASSACHUSETTS. 

From Framingham, through Concord, to Lowell. 

From South Framingham to Holliston. 

From Westport to Westport Point. 

From West Brookfield, North Brookfield, New Braintree, Bar- 
re, and Templeton, to Winchenden. 

From Lee, Tyringham, South Tyringham, Hartsville, Mill 
River, through East Sheffield, to Canaan, Connecticut. 

IN RHODE ISLAND. Rhod«w«d. 

From Providence to West Brookfield, Massachusetts. 
From Providence through' Fruit Hill, to Centreville. 

IN VERMONT. Vemont. 

From Townsend, through Grafton, to Chester. 

From Rochester through Brandon, to Shole's Landing, on 
Lake Champlain. 

From East Charleston, through Morgan, and Holland, to 
Derby. . 

From Bellows Falls to Paper Mill Village, in Alstead. 

From Hyde Park, Lamoille Court-house, through North Hyde 
Park, Belvidere Four Corners, Avery's Gore, and Montgomery, 
to East Berkshire. 

The route from Waterville, through Belvidere and Avery^s 
Gore, is hereby discontinued. 

IN NEW YORK. NewYo* 

From Durhamville, along thb line of the Erie Canal, to the 
intersection of the Erie and Oneida Lake canals, in Oneida 
county. 

From Unionville, in Orange county, New York, to Decker- 
town, in Sussex county, New Jersey, by the Drowned Road, re- 
turning by the Clove Road. ^ 

From Texas to Oswego, on the North Road, by Cheever's 
Mills, in Oswego county. 



Digitized by CjOOQIC 



2946 1842 Chap. 299. 

From Collins to Irwin, in Erie county. 

From Cassville to Babcock Hill, in the county of Oneida. 

From Westernville to Boonville, as near as may be on the 
route of the Black' River canal, in Oneida county. 

From Rome to Clinton, in Oneida county. 

From Warsaw, in Wyoming county, by Silver Lake and Cas- 
tile, to Fortageville, in the county of Alleghany. 

From Attica, by Varysburg, Johnsonburg,. North Java, and 
East Java, to China, in Wyoming county. 

From Cortland tville to Marathon, in the county of Cortlandt. 

From' Elmira, by way of Baldwin's Creek, Jerusalem Settle- 
ment, through the south part of Erie, to Van Ettersville, in the 
county of Chemung. 

From the Manlius Depot, on the Syracuse Railroad, to the vik 
lage of Mathew's Mills, in the county of Onondaga. 

From North Adams, through Field's Settlement, to Watertown, 
in the county of Jeflferson. 

»•: '—y- IN NEW JERSEY. 

From New Hampton, in Hunterdon county, by Whitehall 
and German Valley, to Schooley's Mountain, in Morris county. 
From Plainfield, in Essex county, to Millington, in Somerset 
^ county.' 

Fi.«7i^.ia. IN PENNSYLVANIA. 

From Reedsburg to Clarion, county of Clarion. 

From Red Bank to Clarion, via Limestone, in Clarion county. 

From Tionesta to Plumer, in Venango county, via the residence 
of John Henry, on Alleghany river. 

From Perry to Tionesta, Venango county. 

From Georgetown, Mercer county, to Evansburg, Crawford 
county, via John Custard's. 

From Connellsville, Fayette county, through Salt Lick Town- 
ship, to Gebhart's Post Office Somerset county. 

From Shilocta, Indiana county, via Plum Creek and Smicks- 
burg, to Clarion, Clarion county. 

From Wiliiamsport to Carter-house, Lycoming county. 

From Stroudsburg, Monroe county, to Bushkill, Pike county, 
via Spring Mills. 

From Honesdale, via Prorapton, to Pleasant Mount, Wayne 
county. 
' Continuation of route from Pittsburg to Brallsville, in Wash- 

ington county, from Brallsville, via Millsbrough and Clarksville to 
Jefferson, in Greene county. 

From Whitehaven, via Port Jenkins, Phillipsburg, to Beaumont, 
Luzerne county. 

From Kittening, Armstrong, county, to Red Bank, by way of 
the new State road from Kittaning to Brookville. 

From Eagle Factory, Susquehanna county, to Baffington Post 
Office, Bradford county. 



Digitized by 



Google 



1842— Chap. 299. 2947 

Prom Merryally Bradford coanty, Pennsylvania via Orwell to 
Owego, New York.- 

From Shilocta, via Perriesville, Jacksonville, and Lewiisville, to 
Blairsville, Indiana county. 

From Sheckshinny, via Townhill and Columbus, to Cambria, 
Luzerne county. 

From Indiana, via Mechanicsburg and Armab, to Johnstown, 
Cambria county. 

From Dunningville on the Washington and Williamsport Turn- 
pike, Washington county, Pennsylvania, via Munntown, and 
Thompsonville, to Harriottville on the Washington and Pittsburg 
Turnpike road in Alleghany county. 

From Hamburg via Kutztown, Freedomsburg to Black horse 
Tavern in Berks county. 

From Waynesburg In Oreen county Pennsylvania, to Biacks- 
ville in Virginia by way of Rogersville and Centreville. 

IN MARYLAND. ^"^^• 

From Sang Run, Alleghany county, to Yough Glade. 
From Millersville, Anne Arundel county, to Marley. 
From Princess Anne, Maryland, to Roache's Store, Somerset 
county, Maryland. 

IN VIRGINIA. ^ vi*ni*. 

From Old Church, in Hanover county, via Piping Tree Ferry 
and King William Court-House, to Lanesville. 

From Sharon, in Wythe county, to ^Chapel Hill, in Smyth 
county. 

From Holstein, in Washington county, to Estillville, in Scott 
county. - > 

From Alexandria, in the District of Columbia, to High Schools 
and Seminary, in Fairfax county, Virginia. 

From Guyandotte, via Wayne Court-house, to Louisa, in Ken- 
tucky. 

From Weston to the Northwestern Turnpike, on Middle Is- 
land. 

From Christiansburgh, in Montgomery county, to Hillsville, in 
Carroll county. 

From Morgantown, via Grandville, Charmichseltown, Ginger- 
bill, and Findlaysville, to Pittsburg, in Pennsylvania. 

From Brandonsville, in Preston, via Morgantown, Grandville, 
Jacksonville, and Blucksville and Wheeling creek, to Wheeling, 
in Ohio county. 

From Elizabethtown in Marshall county, via Nobb Fork, to 
Middlebourne, in Tyler county. 

From Middlebourne, in Tyler county, to the house of Mr. Hos- 
kins, on the Northwestern Turnpike. 

From Wheeling, via Beeler's Station, Sockman's, Fish Creek, 
to Woodland's Post OfRce, in Marshall county. 

From Hansonville, via Moccasin Creek, to Quillensville, in 
S6ott county. 



Digitized by CjOOQIC 



2948 



1842- 



-Chap.— 299. 



North Carolioft. 



Bontfa Carolina. 



From Newbern, in Pulaflki couDty, via Back Rotfd, to Wythe^ 

ville. 

From Lynchburg to Logwoods Store, in Bedford county, by 
way of Cheese Creek Church. 

From Bickley's Mills, in Russell county, via Guest's Station, 
the Pound, and Three Forks of Powell's river, to Turkey Cove, 
in the county of Lee. 

From Jarrotl's Depot, in Sussex county to Pleasant Grove. 

From the Blue Sulphur Springs, via Palestine and Egypt, to 
the Red Sulphur Springs. 

From Lynchburgh, to Pedlar Mills in Amherst county. 

From Fincastle, via Jeflersonville, to Cumberland Gap. 

IN NORTH CAROLINA. • 

From Turkey Creek, and Spring Creek^ in Buncombe county 
by Fines Creek and Crablree in Haywood county to Waynes- 
ville. 

From Aqualla on Shoal Creek in Haywood county, by William 
F. McKecs, in Macon county to Jamesville in Cherokee county. 

From Shelby, in North Carolina, to Yorkville, in South Car- 
olina. 

From Shelby to South Point in Lincoln county. 

From South Washington by the house of Isham Armstrong to 
Wilmington. 

From Jefferson, in North Carolina, to Marion, in Virginia. 

From Roxborcugh to Pleasant Hill. 

From Lexington, via Thompson's Store, to the House of Smith 
and Barringer, gpon the Yadkin river. 

Either from Gravelly Hill or Elizabethtown to the house of 
Robert Melvin, on Turnbull Creek, in Bladen county. 

From Ashville, via Pigeon river to Waynesville. 

From Wilkesboro' by way of '' Deep Gap," to Counsels Store, 
in Ash county. 

From Greenville in Pill county via Snowhill in Greene county 
Goldsborough. 

From Lewisburg to Cooley's Store in Franklin county. 

From Hillsboroug by Rock Creek and Long's Mills, to Ashbo- 
rough. 

IN SOUTH CAROLINA. 

From Aikin to Treadway's Bridge^ in. Barnwell district. 

From Traveller's Rest to Puinpkinlown, in Pickens district. 

From Conwayborough, in Horry district, South Carolina, to 
Fairbluff, Columbus county, Norlli Carolina. 

From Winsborough, by Grayden's, to Rocky Mount. 

From Lincolnton, North Carolina, by Long Creek Shoals, Falls, 
Crowder's Creek, to Yorkville, South Carolina. 

From Hurricane, Spartanburg, to Hancockville, in Union dis- 
trict 

From Crowder's Creek, North Carolina, by way of Bethel, to 
Yorkville, South Carolina. 



Digitized by 



Google 



1842- Chap. 299. 2949 

From Greenville Court-hoase, by Miller's, Brockman's, Cash- 
ville, to Woodruff's, and from Woodruff's, by Van Patten's, 
William Goldsmith, jr.'s, and Dr, Austin's, to Greenville. 

From Charleston via Adams' River and Ashepoo Ferry, to Sa- 
vannah. 

From Adams' Run to Edisto Island. 

From Marion Court-house, via Brittons Neck, to Conwaybo- 
rough. 

IN GEORGIA. Q^rg^u. 

From Cassville, by way of Etowah Valley, to Van Wert. 

From Newnan, by way of Orr's Stand, to Franklin, in Heard 
county. 

From Jacksonville, Alabama, by way of Jefferson, Alabama, 
Summerville, in Chatooga county, Georgia, Chestnut, Flat Post 
Office, Wood's Station Post Office, by Cross Roads, in Walker 
county, Georgia, G^ape Spring Post Office, Hamilton county, 
Tennessee, to Cleveland, in Bradley county, Tennessee. 

From Forsyth by way of Putnam's Old Stand Store, Pine 
Flat, William Disnruke's, Pike county, Pleasant Grove, Bear 
Creek, and Fosterville, Henry county, to Whitehall, De Kalb 
county. 

From Covington to Oxford. 

From Hermitage, Georgia, and Harden's Mills, to 'Mineral 
Springs. 

From Sandersville to John Ivey's, Buffalo, Washington county. 

From Lanier, by Tazewell, to Lumpkin. 

From Albany, by way of Cuthbert, to Irwinton, Alabama. 

From New Echota, Cass county, by way of the railroad bridge, 
on the Oslenaulla river, through the valley of Armuchee, Lafay- 
ette, Walker county, to tlie Court-house, Dade county. 

From Macon, by way of Perry, Traveller's Rest, Americus, 
Starkville, Albany, and Newton, to Bainbridge ; and that the 
present route from Henderson, in Houston county, to Bainbridge 
be discontinued. 

From Albany to Thomasville. 

From Troupville lo4he Suwannee Springs, in Columbia coun- 
ty, Florida. 

From Waresborough to Mount Pleasant, Ware county. 

From Lafayette, in Walker county ,to the Court-house in Dade 
county. 

From Spring Place, Georgia, Cross Plains, Buzzard's Roost, 
Medicinal Springs, Chestnut Flat, Lafayette, Summerville, Hop- 
kinsville, and Cedar Bluff, to Jacksonville, Alabama. 

From Franklin, Georgia, Houston, Wadka, Standing Rock, 
and Fredonia, to Chambers Court-house, Chambers county, Al- 
abama. 

From Americus, by way of Lumpkin, Irwinton, Alabama, Clay- 
ton, Montevallo, Montezuma, Covington, Carington, and Fort 
Crawford, to Blakely, Alabama. 

41 - 

Digitized by CjOOQIC 



S950 184S Chap. 299. 

From IrwinTille, by way of John Heodenon's and Mra. Pa- 
rish's, to Troupville Lowndes county. 

From Jacksonfiile^ Telfair coonty, by w^y of Irwinville, to Al* 
bany. 

From Griffin) in Pike county, by way ofFayetteville and 
Campbellton, to Marietta, in Cobb county. 

From Americus to Cuthbert, Georgia. 

IN ALABAMA. 

From Ashville, by Holloway's Bridge, in St. Clair coontyy to 
Jefferson, Alabama. 

From Lebanon, De Kalb, Alabama, to intersect the line from 
Rome, Georgia, to Elyton, Alabama, at Holloway's Bridge. 

From LouisviUe, by Trenton, Larkinsville, and Berry ville, to 
Bellefonte. 

From Thorn Hill, in Walker county, by way of William John- 
son's, Pikeville, and MilWillei to Cotton Gin Port^ Monroe coun- 
ty, Mississippi* 

From Pikeville, Alabama, to Fultonf Mississippi. 

From Russellville, Alabama, to Jacinto, Hississippi. 

From Mobile, by way of Jackson, on the Tombeckbee river. 
Grove Hill, Mott's post office, in Clarke county, Woodwardsville, 
Shiloh, Linden and Demopolis in Marengo county, thence by 
way of Erie in Greene county,to Carthage, in Tuscaloosa county. 

From Milford, in Butlercounty, by Merrill's store, to Montezu- 
ma, in Covington county. 

From Hope post office, Pickens county, Alabama, by the way 
of Fairfield, to Macon, in Noxubee county, Mississippi. 

From Gainesville, Alabama, Wahalak, Kemper county, Missis- 
iippi, to Macon, Mississippi. 

From Irwinton, by way of Jenkins's, Midway post office, and 
William Dick.'s to Cubahachee, in Macon county. 

From Gainesville, in the Slate of Alabama, by the way of De 
Kalb, to Jackson in the State of Mississippi. 

From Black's Bluff, in Sumpter county, to Tuscahoma, in 
Washington county. 

From Columbia, Henry county, by way of Woodville, Neel's 
Landing, Florida, Cedar Bluff, to Marianna Florida. 

From Centreport, in Dallas county, to Greenville, in Butler 
county. 

From Barboursville, in Wilcox, by way of Beaver creek and 
Dixon's Mills, to Nanafalia, in Marengo county. 

From Bellefonte, by way of Larkinsville and Trenton, to Louis- 
ville, Alabama. And that the r<;)ute8 from Larkin's fork, by way 
of Larkinsville, Trenton, and Saogston, to Marshall, and from 
Larkinsville to Woodville, be discontinued. 

From Montgomery to Troy in Pike county, and from thenc^e 
to Dixon precinct and Scroggin's mill to the Court-bouse of 
Dale county. 

From Suggsville in Clarke county to Mount Pleasant, in Mon- 
roe county. 



Digitized by CjOOQIC 



WSi-, — Chap. S9d. SMI 

Prom Cahaba, Dallai county, by ttannoll'i Crofs roads to Btar- 
ion in Perry county. 

From Marion by Union Ta?ern to Prairieville. 

From Tuskegee via Valverda, Union Springs, Aberfoil to Troy> 
in Pike, county. 

IN MISSISSIPPI. MteMppi. 

From Charleston, in Tallahatchee county, via Lincopolis, Big 
Prairie, in the County of Coahoma, Port Royal, to the town of 
Delta, Mississipppi. 

From Grenada, YaHabusha county, to the house of William 
Denly, in mi county. 

From CoBeeville, in YaHabusha county, to Houston in Chicka* 
saw county, Mississippi. 

From Victoria to Cofieeville, Mississippi* 

From Eastport to Jacinto, Mississippi^ 

IN LOUISIANA. 

From Vicksburg, Mississippi, via Richmond, HilPs Ferry, 
on Bayou Macon, Mackey's, and McCloud's, on Deer creek, 
Norris, Sicily Island/ to Harrisonburg, Louisiana. 

From the mouth of Red river, via Richard's Miller^s, Tida"- 
Fia, Water Proof Landing, and Lake St. Joseph, to New Car- 
thage. 

From Greenwood to Vernon in Caddo. 

From New Orleans, to Madisonville and Covington toth) 
parish of St. Tammany, Via Lake Ponchartrain. 

IN TENNESSEE. 

From Jacksborough, Tennesse, via John L. Smithes, on the 
the Straight Fork, and Thomas I. Wheeler's Store,* on Buffalo 
creek, to Monticello, Kentucky. 

From Cleveland, Tennessee, via Benton, Columbus, Spring* 
towo, Coker creek, and Turtleton, to Murphy, North Carolina. 

From Dyersburg, Tennessee, via George C. Boothe's and Jo- 
seph MitehelPsi to Hale's Point, on the bank of the Mississippi 
river. 

From Lancaster, by the house of Elisha New, to Smithville. 

From Clinton to Woodbourne, via A. Moore's and J. Bayliss. 

From Ruttledge to Newport, via, Austin's ferry. Mossy creek 
and mouth of Chucky. 

From Troy, Tennessee, via Joseph A. Faulk's, (his place 
being known by the name of Silvan. Retreat,) to Point Pleasant, 
Missouri, crossing the Mississippi river at or near said last men- 
tioned point. 

From Greenville, Tennessee to Newport, Cocke County, via 
Wood's ferry and Parrottsvile. 

From McMionsville, Teimessee, to Smithville, Tennessee. 

IN KENTUCKY. x«mjv 

From Harlan Court-house, via John Lewis's residence, on the 



Digitized by 



Google 



2952 1842-<:;hap. 299. 

Poor forkof the [Cumberland river,and Brashear's Salt Works, 00 
the north fork of the Kentucky river, to Perry Court-house. 

From Breathitt Court-house to Manchester, in Clay County. 

From Shelbyville, via Floydsburg, to Brownsborough. 

From Munfordville, via Mammoth Cave to Brownville. 

From the Three Forks, in Barren county, via Mammoth Cave, 
Grayson Springs, to Litchfield. 

From Hawesville, in Hancock county, to Levvispoft. 

From Owensborough to Litchfield. 

From Nottsville to New Boston, in Daviess county. 

From Lock and Dam on Green river, at the mouth of Muddy 
river, via Lock and Dam at Rumsey, Lock and Dam at Spotts- 
ville, to the town.of Henderson. 

From Owenborough to Spottsville. 

From Spottsville, Kentucky, via the mouth of Green river, to 
Evansville, Indiana. 

From the town of Henderson in Henderson county, Kentucky, 
by Harman's Ferry, and by Wall's store, in Daviess county, to . 
the town of Rumsey, in Muhlenberg county, Kentucky. 

From Hopkinsville Kentucky, via Lindsey's Mill to Dover 
Tennessee. 

From Jamestown, Kentucky, via Seventy-six, to Albany, Ken- 
tucky. 

From Hardensville, Kentucky, by Harrisonville to Mount 
Eden. 

From Taylorsville, by McGee's Mill, to Jeffersontown, in Jef- 
ferson county. 

ou^ IN OHIO. 

From New Bremen, via Chickasaw, Mercer county,' to Recov- 
ery, in Dark county. 

From Findley, in Hancock county, via Gilboa and Ottoway, 
to Defiance, in Williams county. 

From St. Mary's, via Celina, Montpelier, and Alexander, to 
Blufton, Indiana. 

From Dayton, via Chambersburg, Vandalia, and Frederick- 
town, lo Troy. .. 

From Vanwert to Shane's Crossing. 

From Charloe, via Westburg, Uniontown Centre, to Bryan. 

From Adelphi, Ross county, via Perry to Logan. 

From Zanesville, via Baxter's Bealmer's Cross Roads, to Fra- 
aeysburg. 

From Zanesville, via Salt Creek, to Cumberland, thence return 
to Salt Creek and Zanesville, via Calhoun's Mills. 

From Lafayette, via Camden, to Hillsdale, i