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//^*U^^A
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.
Digitized by LjOOQ IC
•-• *\ ^ i %9.
J, .|^-\ ■»^ ' ••,■> .w^
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.
Digitized by CjOOQIC
ACTS OF
THE TWENTY-FIFm CONGRESS
OP THE UNITED STATES.
VOL. V.
Digitized by CjOOQIC
Digitized by CjOOQIC
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.
« Digitized by Google
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
® Digitized by Google
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^
Digitized by CjOOQIC
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^'^;
Digitized by CjOOQ IC
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
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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.
Digitized by LjOOQIC
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
Digitized by CjOOQIC
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 yymof 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
Digitized by CjOOQIC
1838 CKAr. 9SL MM
obtain exeeotiomr or amfcbniMii Upes tnjr daeiM or jtwlgmoci,
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**.
Digitized by CjOOQ IC
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
Digitized by CjOOQIC
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-
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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.
Digitized by
Google
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-
Digitized by CjOOQIC
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«, npiium
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.
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by VjOOQIC
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
Digitized by
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-
Digitized by CjOOQIC
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
Digitized by y^ltOOQTC
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
Digitized by CjOOQIC
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^ ^
Digitized by CjOOQIC
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
^ Digitized by Google
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
Digitized by CjOOQIC
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
qfefthnoimmrtre. 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.
Digitized by Google
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
Digitized by CjOOQIC
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
Digitized by VjOOQ IC
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
Digitized by CjOOQIC
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«
Digitized by CjOOQIC
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 ^
Digitized by CjOOQIC
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 fiflridar-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, orgg^^^
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
^.^HfH^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-
Digitized by CjOOQIC
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*
Digitized by CjOOQIC
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
Digitized by
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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.
Digitized by CjOOQIC
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«
Digitized by CjOOQ IC
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.
Digitized by
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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-
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
• 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.
Digitized by CjOOQIC
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
Digitized by CjOOQ IC —
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;
Bmiiujui'sl 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.
Digitized by CjOOQIC
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. \
Digitized by CjOOQIC
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-
Digitized by CjOOQ IC
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.
0 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^'' ^'^ ''^
Digitized by CjOOQIC
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
Digitized by VjOOQIC
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*
iiiliimW nwtiwB
'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
Digitized by CjOOQ IC
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« fciMtw 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
Digitized by CjOOQ IC
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-
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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*^
Digitized by CjOOQIC
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-
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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
Digitized by'CjOOQlC
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 ; .
Digitized by CjOOQ IC
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,
Digitized by CjOOQIC
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/^*
Digitized by CjOOQ IC
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
Digitized by
Google
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^
Digitized by CjOOQIC
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-
Digitized by CjOOQIC
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.
Digitized by LjOOQIC
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
Digitized by CjOOQIC
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 -
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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- '^"^ ^ '^'""^
Digitized by CjOOQIC
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 CQQy
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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,
Digitized by LjOOQIC
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
♦
Digitized by LjOOQIC
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 ^^.^^^^
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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. . >
Digitized by CjOOQIC
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..-. .-.'-
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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 :
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
%
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 ^
Digitized by CjOOQIC
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,
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
^ 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
Digitized by CjOOQIC
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^** "'
*^ Digitized by Google
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.
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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^
Digitized by CjOOQIC
"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
Digitized by CjOOQIC
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
Digitized by CjOOQ IC
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
Digitized by CjOOQIC
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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.
Digitized ,by CjOOQIC
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
Digitized by CjOOQIC
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 ;
Digitized by CjOOQIC
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^
Digitized by LjOOQIC
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-
Digitized by CjOOQIC
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 Tmik.
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.
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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, June 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
Digitized by LjOOQIC
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"* uSJjl.
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*"
hctfWttfore 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. .
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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 Ceaimimiiowr of the General Land OflSce, wiih 4heap«
|M«f«t ef 4be PieeMkMK, tbe Hot that the settkmenl has been
eemmetmdi'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- »•'«»'«"••
Digitized by CjOOQ IC
«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
Digitized by CjOOQIC
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 bewWmflMwVto
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.
Digitized by CjOOQI
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^
Digitized by CjOOQ IC .
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
Digitized by CjOOQIC
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
Digitized b^ CjOOQIC
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.
Digitized by CjOOQIC
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-
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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-
Digitized by v!jOOQIC
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.
Digitized by CjOOQIC
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^
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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^*''^'^
Digitized by CjOOQIC^
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
Digitized by CjOOQIC
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 ^^ ^^^
Digitized byCjOOQlC '
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
Digitized by VjOOQIC
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
Digitized by CjOOQIC
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.
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
Digitized by VjOOQIC
£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&\&.
Digitized by CjOOQIC
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.
Digitized by CjOO^IC
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
Digitized by CjOOQ IC
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
Digitized by CjOOQIC
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
Digitized by CjOOQIC
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
MfftunMvMiAM, 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, in Michigan.
From Providence, via Delta, Pareper's Corner, Lyon's, and
Baker, to Adrian, in Michigan.
From Hillsborough, via Allensburg, to Fayetteville.
From Delaware, via Kilbouine, Post Office, Newman's Crosi
Roads, Bloomfield Post Oifice, to Liberty in Knox county.
Digitized by CjOOQIC
184S Chap. 090. »$$
From Athens, io Athens county, by way of William Lowey's
to Adelphi, in Ross county. *
From Bartlett in Washington county, by Hosea Alderi:Nan's
in Athens county, Absalom Joy's in Morgan county, to Hansby's
Cross Roads, in Perry county.
From Marion, in Marion county, via Holmesville, in Bowling
Green township, to Richwood in Union county.
From Delaware, via Riohwood, Wilkins ami Mill Creek to
East Liberty in Logan county.
From West Liberty, via Middleburg to Quincy, in Logan
county.
From Urbanna, via Middletown, and Lewisburg to Cobert's
in Union county.
From Zanesville by the Ridge Road to Marietta to the point
where said road intersects the river road.
IN INDIANA.
From Middletown, via Tomlinson's Mill, Muncietown, Albany
to Camden.
From Muncietown, via Greenville, Hartford, Montpelier, to
Bluffton.
From Deerfield, via Rrdgeville, Fairview, Albany, Greenville,
to Wheeling.
From New Rochester, Ohio, via Richville, to Newville, India-
na, thence, via Auburn, Asa Brown's, Augusta, Sparta, Leesburg,
to the post route from Lima to Peru.
From Fort Wayne, via Columbia, Oswego, Leesburg, to Ply-
mouth.
From Valparaiso, via Elder French's, Isaac Cornell's Thomas
Dinwiddle's, Pleasant Grove, to West Creek Post Office.
From Washington, Daviess county, via Edwardsport, to Car-
lisle, in Sullivan county.
From Washington, Daviess county, to Bedford, in Lawrence
county.
From Augusta via Northport, Wolcott's Mills, White's corners,
Bloomfield, Ontaria, to Lima.
From Terre Haute, in the county of Vigo, via Samuel Young's
Urbanna, aiid Lewis, in said county, to Linton, in Green
county.
From Terre Haute, via Ephraim Kester's, in Vigo county,
Williamsburg, Sullivan, to Carlisle in the county of Sullivan.
From Carlisle in Sullivan county, via Pleasant, M. O. Haver's,
Aaron Hagerman's, Bogardsville, and Scotland, in Green county
to Springville, in Lawrence county.
From Warsaw, in Koskiusko county, to Plymouth, Marshall
county.
From Delphi, in Carroll county, via Camden, Fisher's Mills,
and Bridge's Blacksmith shop, to Coshows on the Michigan
road.
From Crawfordsville, by Sugar Grove and Old Shawnee vil-
lage, to Shawnee Post Office.
Digitized by CjOOQIC
1964 1842 Chap. 290.
IN ILLINOIS.
From Springfield, Illioois, to Carrollton, via Lick Greek.
From Dixon, Steriii^, Union Grove, Fulton City, Lyons,
Independent Grove, in the county of Clinton, via Wasbingtoo
Ferry, in Cedar county, Iowa Territory, to Iowa city in said Ter*
ritory.
From Knoxville, Illinois, to Millersburg, Mercer county, titeoee
to Bloomington in the Territory of Iowa.
From Jacksonville to Pekin, via Princeton, Chandler's Bath,
and Havana.
From Southport, Illinois to Beloil, Wiskonsan.
From Juliet, Will county, to Dundee, in ICane Otraotji
Illinois.
From Ottowa, Illinois, to Wilmington.
From Hillsborough, in Montgomery county, by AudnboB,- to
Sbelbyville, in Shelby county.
From' Vienna, by Halderman and Caledonia, to Cairo.
From Belleville, by Centreville, to Waterloo.
From Edwardsville, by Helvetia, to Shoal Creek.
From Jerseyville to Gilead.
From Chester, by Hobb's Ridge and Georgetown, to Sparti,
and from Pinkneyville, to Brownsville, Illinois.
From Waterloo, by James's Mill, to Harrisonville.
IN MISSOURL
From Marshall, Saline county, via Greenville and Miami Post
Office, to CarroUton.
From Caledonia, Washington county, to Van Boien, in Ripley
county, via the seat of justice of Shannon county.
From Van Buren, Ripley county, Missouri, via Alfred Det«
therade's and Joho Shield's to Little Piney Post Office.
From Merrimac Iron Works, Crawford county, via Burdioe'i
on Bryant's Fork, Grigsby, on Little North Fork of White rifer,
to Forsyth, Taney county.
From Paris, Monroe county, via Bloomington, and Centre? tile,
to the seat of justice of Adair county.
From CarroUton, via Chilicothe and Trenton, ia Grundy coon-
ty, to Union MillSrio said county.
From Marshall, via Salt Pond and Johnson's Grove, to Lei-
ington.
From Eleven Points, Ripley county, via Green B» Hesterley's,
to Jackson, in Arkansas.
From Thorp's Mill, Holt county, via John Blair's Daniel Detr^
born's and Roundtree's, to Sonom, on the Missoari river.
From Plattsburg, via Boyer's settlement. Third Fork of
Platte river, and Rochester, on the main Platte river, to Santa*
nah.
From Platte city, via the county seats of Buchanan and An*
drew counties, to the county seat of Holt county.
From Bluff Grove, Grundy county, to WiUiam Miner's on
Grand river.
Digitized by
Google
1842 Chap. 299.
From Brunswick, Charitoo county^ to Chillieothe.
From Rockland MHis^ Saline county, to Longwoodj Pettis
county.
From Richmond^ in Ray county, to Sparty, in Buchanan
county.
From Springfield, via Robert Patterson's, in Greene county,
and Jeremiah Parson's, Isham P. Pool's, and Henry S. Ormsby's,
in Pulaski county,to Caledonia, in Washington county.
From Bolivar, via William Snowden's, to Sarcoxie, in Newton
county.
From Herman, on the Missouri river, via Heath's store, 'near
the mouth of Crasconade river to Lisletown^ in Osage county.
Prom Chillieothe to Bluff Grove.
From Tuscumbia, via the mouth of Nianga river, to Bolivar.
From the town o( New Madrid to Smith's Landing on the
Mississippi river.
From Paris, via Woodville, to Bloomington.
From Eleven Points ta Ozark, in Ozark county.
From Cave Spring, Pulaski county, via Hartsville, in Wright
county, and Ozark Court-house, to Forsyth in Taney county.
From Lisletown to Westphalia.
From Springfield, Green county, to Harmony Mission, Bates
county.
From Grovoise Kinder hook county, by Oregon, Bensborough,
and Oakland to Hartsville in the county of Wright.
From Springfield, by Greenfield to 'county seat of Jasper
county.
From Brunswick in Chariton county ,to Union Mills in Grundy
county.
From Farmington by Bonaparte and Keosanqua, Iowa Terri-
tory, tolowaville.
From Breesville, Illinois, via Wittenburg, to Apple Creek post
office, Cape Girardeau county.
From West Prairie to Grand Prairie, in Stoddard county.
From Elkhorn post oflSce, Ray county, to Plattsburg, Clinton
county.
IN ARKANSAS.
From Antoine, in Clark county, to Ultima Thule, in Sevier
county on the Fort Townson road.
From Fayetteville, Washington county, by way of Stout's Mill's
Onstol's MHI's, and the head of Cove creek, to Natural Dam, in
Crawford county.
From the town of Elizabeth, in Jackson county, to Pocahon-
tas, in Randolph county.
From Cinton, in Van Boren county, to l^Uville, in Marion
county through Lebanon, in Searcy county.
From Whittington Hot Spring county via Aiken's store and
Dttiton's Mill, to Motmt Ida, intersecting the mail route from
Scott Court-bouse, to Washington, in Hempstead county, af that
pkoe.
9965
Digitized by CjOOQIC
Ml«Ug«n-
t9fi6 1842 Chap. 209.
From Columbia Chicot county, by way of Bayoa Bodiif to Mon-
roe, in Louisiana.
From Jackson, in Lawrence county, in Arkansas, by waj of
Williams') on Strawberry river, to Izard court-house.
IN MICHIGAN.
From Middleville, in Barry county, via Gun Lake, Martin and
Watson, to Allegan.
From Grand Rapides, via Lake Alone, to Middleville.
From the village of Charlotte, via the village of Vcrmontville,
to intersect the route from the Grand Rapides, to Hastings.
From Bellevue, via Oneida post office, to Grand River city.
'From Owasco, via Duplane, Bingham, Bengal, and Lebaooo,
to Lyons.
From Quincy, on the Indiana and Marshall State road, ^ to
Brockville, Indiana.
From Saginaw city to Lower Saginaw.
From Blissfield, through Ogden to F^rfield post office.
From Kalamazoo, via Brady's post office, Vicker's mill, Centre-
ville, and Sherman village, to Lima, Indiana.
From Lakeville by Oxford, Brandon, and Eagle Lake, to Grove-
land.
From the village of Battle Creek, in Calhoun county, to Has-
tings, the county site of Barry county.
From Whitmansville, via Charleston, to Lafayette.
From Belvidere to Mount Clemens.
From Belvidere to Detroit.
From the village of Marshall, in Calhoun county, through Ve-
rona, to Hastings.
From the village of Marshall, in Calhoun county, Michigan,
via Trecousha, to Girard Branch court-house.
From Granville to Port Sheldon, in Ottawa county.
• From Logansport to White Pigeon, via Leesburg, Milford, Go-
shen, and Middleburg.
From Flint, in Genesee county, via Bearsleyville and Rich-
mond, to Lapler.
From Cassopolis, through Whitmansville, to Keelersville.
From Monroe, Ypsilanti, by Stony Creek, Exeter, Huron, and
Roson's mill.
From Fiat Rock, in the township of Brownstown, to the villi^
of Gibraltar.
From Lapier to Grand Blanc, by Langdon and Mount Plea-
sant.
From Mason, in Ingham county, to Jackson, in Jackson
county. •
From Grand Rapides, county of Kemp, by A^llan's comerS)
Lake Alone, Barnes's mill, and Green Plains to Kalamazoo.
IN WISKONSAN.
From Patch Grove, in Grant county, to Blue river,
Trom Fort Winnebago, via Grand Rapides, to Plover Portage-
Digitized by CjOOQIC
1942 Chap. 299. 2967
From Delavan, by Darien, to Beloit.
From Fort Atkinson, by Cold Spring and White Water, to
Elkhorn.
From Summit, in Milwaukie county via Piperville and Water-
tovn, to Washara, (or Fox Lake.)
From Southport, via Aurora post office, to Burlington.
From Madison, by Monroe, to Freeport, Illinois.
From Milwaukie, via Muskcego, Rochester and Burlington, to
Geneva.
IN IOWA. '^'"•
From Dubuque to the county seat of Delaware county.
From Dubuque via the county seat of Jones county and Roch-
ester, (on the Red Cedar,) to West Liberty.
From Dubuque, via Richfield, Point Pleasant, and Davenport,
to Stephenson, Illinois.
From Davenport, via Centreville and Moscow, to Rochester,
(on the Red Cedar.)
From Fort Madison, via West Point and Tuscarora, to Benton-
port.
From New Boston, Illinois, via Black Hajvk and Wappello, to
Mount Pleasant.
From Fort Madison to Carthage.
From Bloomington, via Cedarville, and West Liberty, to Napo-
leon.
From Wapsepinicon to Bellevue, to be changed so as to run
from Wapsepinicon, via Camanche, New York, Lyons, and
Charleston, to Bellevue.
From Burlington, via Ellison'^ creek, St. Augustine, and Mid-
dle Grove, to Peoria.
From Van' Buren, Iowa Territory, via Fairfield court-house and
Wafhington court-house, to Iowa city.
From Wappelfo, via Cattesse and Sissinamo to Napoleon.
From Burlington, via Dodgeville, Virginia Grove, Hope Farm,
Columbus city. Port Allen, and Iowa city.
From Iowa city, via Richmond, Washington, Brighton, Pleas-
ant Grove, Fairfield, and Keosauqua, Iowa Territory, to Waterloo,
Missouri.
From Davenport, via Joseph Denson's, in Cedar county, Seely's
roilis, and Paumacho, to Marion.
From Savannah, Illinois, via Charleston, Goodenoe's mills,
Burrislon's Settlement, Edinburgh, Tipton, and Washington fer-
ry, to Iowa city.
From Keokuck, via Ambrosia, Franklin, West Point, McCar-
verstown. Mount Pleasant, Trenton, and Washington, to Iowa
city.
From Keosauqua, on the county road, via Ely's Ford, to B.F.
Wilson's, in Van Buren county.
From Keosauqua, via Washington and Salem, in Henry county,
to Mount Pleasant.
Digitized by LjOOQ IC
2958 1842— Chap. 299—301.
From Iowa city, via We^tport, Marion and the county seat of
Delaware county, to Prairie du Chiea, Wiakoosan Territory.
From Marion to Pleasanlville.
From Fort Madison, via West Point and Salem, to FairfieM.
From Fort Madison, via Franklin, to Farmington.
From Prairie La Porte, Iowa Territory, to Prairie du Chien,
Wiskonsan Territory, via Montholon, in Clayton county, Iowa
Territory.
From Farmington, Bonaparte, Van Buren, Pittsburg, Philadel-
phia, Portland, and lowaviUe, to the United States Indian Agen-
cy, on the Desnioines river.
<^ 2. And be it further enacted. That the above routes shall
Togo into opara. go into Operation on the first day of July eighteen hundred and
on, en. foriy-threc, or sooner, should the funds of the Department, jus-
tify the same : Provided, That as soon as a responsible contrac-
tor shall offer to transport the mails over any portion of the above
ProviM. routes for the revenue derived from the new offices to be estab-
lished thereon, until the first day of July eighteen hundred and
forty-three, the Postmaster General shall forthwith put them into
operation. Approved, August 3Ut, 1842.
^ " .... ... ■ ,
CHAP. 300. — An act making appropriations to carry into effect a treaty
^ with the Wyandott Indiana, and for other purposes.
#55.6ao«ppi»pri. ^ ^' Beit enacted, fyc. That there be, and hereby is, appro-
tw«/^Dtlj"Wcr P."^^®d> ^"' ^^ ^"y rooney in the Treasury not otherwise appro-
'priated, for carrying into eflfect the treaty with the Wyandott In-
dians, dated March seventeen, eighteen hundred and forty-two,
and ratified by the Senate on the seventeenth of August, eight-
een hundred and forty-two, with amendments, the sum ot fifty-
9,^ .. five thousand six hundred and sixty dollars: Provided, That no
froTiM: not to t* % • •• ini ■« ...
boexpoiuiedontiipartof this appropriation shall be expended until the asseig of
said tribe is duly and formally given to said amendments. To
rotorest on state tnnke good the interest on investments and State stocks, and
JJ2i^ioS ^ ^ bonds for Indian tribes not yet paid by the States, to be reimburs-
ed out of the interest when collected, fifteen thousand six hun*
dred dollars and ninety-two cents.
Additional appro. For defraying cxpcnscs of the Supreme, Circuit, and District
fiwfiritoi'^,;: Courts of the United States, including the District of Columbia,
■M of the judici-also for jurors and witnesses, in aid of the funds arising from fines,
penalties, and forfeitures incurred in eighteen hundred and forly-
iwo and preceding years, and likewise for defraying the expenses
of suits in which the United States are concerned, and of pros-
ecutions for offences committed against the United States, and for
the safe keeping of prisoners, in addition to former appropri^*
tions^ one hundred thousand dollars.
Approved, August Slat, 1842.
PHAP. 301. — An act concerning professors of mathematics in the navy of
the United States.
^\. Bfi it enacted, tfc, That profeasors of matheoiatics in
Digitized by LjOOQIC
1842 Chap. 301—304. 2969
the navy of the United States shall be entitled to live and mess ^u^^^J^J^^
with the lieutenants of sea-going and receiving vessels, and shall •"<i>«<»iv«n!!uoiti
receive such rations as lieutenants of the same ship or station shall " "^^*
receive. Approved, August 3Ut, 1842.
CHAP. 302. — An act to authorize the construction of a depot for charts
and instruraente of the navy of the United States.
^ I. Beii enacted, 4^., That the Secretary of the Navy be, Becm^rj ©r tte
and he is hereby authorized to contract for the building of a suit- SiSi?, '^"'"**
able house for a depot of charts and instruments of the navy of
the United States, on a plan not exceeding in cost the sum of ^^i/,*^'*' *•
4wenty-five thousand dollars.
^ 2. And be it further enacted, That the sum of ten thou-aio,ooo«p|^ropri'
sand dollars be, and the same is hereby, appropriated, out of any * *
money in the Treasury not otherwise appropriated, towards carry -^
ing this law into effect. r
^ 8. And be it further enmcted, That the said establishment loc^^j^
may be located on any portion of the public land in the District of
Columbia which the President of the United States may deem
suited to the purpose. Approved, Attgust 31 st, 1842.
CHAP. 304. — An act to regulate the appointment and pay of engineers in
ths navy of the United States. .
<^ I. B« tt enac/«d, fyc. That the Secretary of the Navy shall Engioeert to
appoint th^ requisite number of chief engineers and assistant en- {iJ. *|2jj^y ^
gtneers, not to exceed one chief engineer, two first assistant, two**»«»N**J-
second assistant and three third assistant engineers for each ^"'"*"' *"**''^
steam ship of war, for the naval service of the United States, who
shall be paid when in actual service as follows :
To the chief engineer, fifteen hundred dollars per annOm and^*' iniemoe,
one ration per day ; to the first assistant engineer, nine hundred
dollars per annum and one ration per day ; to the secoird assis-
tant engineer, seven hundred dollars per annum and one ration
per day ; to the third assistant engineer, five hundred dollars per
annum and one ration per day ; the chief engineer shall be enti-
tled to mess in the ward room of ships of war, and in all cases of
prize money he shall share as a lieutenant ; the first assistant en-
gineer shaU share as a lieutenant of marines ; the second assis-
tant engineer shall share as a midshipman ; the third assistant
engineer shall share as the forward officers ; but neither the chief
nor assistant engineers, shall hold any^other rank than as engi-
neers.
^2. And be it further enacted, That the Secretary of theSr^ihSl
Navy shall be authorized ,to enlist and employ the requisite num- ''^^*
ber of firemen, who shall receive, each, thirty dollars per month
and one ration per day, and the .requisite number of coal heav-
ers, who shall receive, each, eighteen dollars per month and one
ration per day ; and the said fireman and coal heavers shall, iir
all cases of prize money, share as seamen. pa, or eagin.
^ 3. And be it further enacted, That the said chief engineer 22. '*"•'*"» ~-
Digitized by CjOOQIC
2960 1842 Chap. 304—307.
and assistant engineers, when waiting orders, shall be paid as fol-»
lows : To the chief engineer, twelve hundred dollars per annum ;
to the first assistant engineer, seven hundred dollars per annum ;
to the second assistant engineer, five hundred dollars per an-
num ; to the third assistant engineer, three hundred and fifty
dollars per annum.
iSf^tHe *" ^ ^' -^^^ ** it further enacted, That the Secretary of the
poioud. Navy shall appoint a skilful and scientific engineer in chief, who
shall receive for his services the sum of three thousand dollars
per annum, and shall perform such duties as the Secretary of
the Navy shall require of him touching that branch of the ser-
vice.
^^uoifotm ^fer ^ 5, And be it further enacted^ That the Secretary of the
rafilT^ib? their Navy shall be authorized to prescribe a uniform for the said chief
goT|»rom«nt,to ^j^gj^^^^g ^^j assistant engineers, and to make all necessary
rules and regulations for the proper arrangement and government
of the corps of engineers and assistant engineers, not inconsis-
tent with the constitution and laws of the United States. ' The
je5"to'ufw«*ai!d*^'^ ®"^'^®®" ^"^ assistant cnginccrs shall be, in all respects,
nffuiatioof of uie subject to the laws, rules, and regulations of the naval service, ia
■^'' like manner with other officers of the service.
EofioMn, how ^ ^' And be it further enacted. That the said chief engineers
■ppomted. gijj^ii Ijq appointed by commission, and the assistant engineers
shall be appointed by warrant from the Secretary of the Navy,
in such form as he may prescribe.
Depouofeoai' ^ ^' -^^^ bc it further enacted, That the Secretary of the
■ttiborjMd. Navy be, and be is hereby, authorized to establish, at such places
as he may deem necessary, suitable depots of coal, or other fuet,
for the supply of steam ships of war.
Approved, August 3ist, 1842.
S«p«aM. CHAP. 306.— An act to extend the collection district of V^iscasset.
Aotof 1843, e.
'^e^I^uaand ^ ^' Bc it cnactcd, SfC, That the towns of Newcastle and
NobJoboro annex Nobleboro, lying on the Damariscotta river, in the Stale of
livery, ^ Maine, be annexed to the collection district of Wiscasset, as
ports of delivery only. Approved, August 31 st, 1842.
- ■ 1 ~ — — «> ,— •
CHAP. 307. An act to suppress the vending oflottery tickets in the Die-
trict of Columbia.
tiellou **^i!j**S2 'S^ ^- ^^ ** enacted, fyc, That from and after the first day of
^j'»«*^^coi. January one thousand eight hundred and forty-three, it shall not
JuiiRr7,i843,un-be lawful to kccp wi^hiu the District of Columbia any office or
^^^^ place of business for the sale of lottery tickets, or of any share or
interest in lottery tickets, nor shall it be lawful to sell or offer for
sale within the said District, any lottery ticket or any share or
interest in any lottery ticket ; and every person who shall be du-
Penal f '^ convictcd of offending against the provisions of this act shall
fendlCJ.^' **^ ^'^be punished by imprisonment in the common jail of the county
in which the offence shall have been committed for a period not
less than one, nor more than six calendar months and sbaJl for*
Digitized by CjOOQIC
1842— Chap. 307—311. S901
feit and pay a fine of not less than one hundred nor exceeding ^
one thousand dollars, one half of wbich^ shall go to the informer,
and the other half to the municipal corporation within whose cor-
porate limits the offence shall have been committed, but if com-
mitted without the limits of any nrunicipal corporation then such
moiety of the fine shall go to the United States.
^ 3. And be U further enacted, That the contract of sale for ..*>'" »(j""«'j
,1 'I'l I II ncmeu void— jaw-
sacn lottery ticket or tickets, or shares or interest in such lottery fuiton>eoyeriiM
ticket or tickets, shall be absolutely void, and the person or"*****^'
persons paying therefor shall have a right to recover back the
money paid therefor as money paid on a void consideration ;
Providedy That nothing herein contained shall be construed to c^iuin lottery
.restrain the selling of lottery tickets, so far as the same is au- ^^^^ »r«pi9d
thorized by any existing contract made by the Common Council ^'*""^**^'
of the city of Alexandria, luider an ordinance of the Common
Council of the said city, passed on the fifth day of December,
eighteen hundred and twenty-seven, and approved by the Pre-
sident of the United States, if such contract is made, and so far
as the same is made, in conformity with the provisions of its
charter, nor so far as the selling of the same is authorized by any
subsisting license of any of the cities of the said District, for
the period of one year from the passage of this act ; And pro-
vided further^ That it shall not be lawful, under color of any
contract made with the Common Council of the said city of Al-
exandria, as aforesaid, to vend or sell tickets, or parts of tickets,
or shares, in any lottery or lotteries, authorized by the Legisla-
ture of any State or Territory, within the United States, or any
foreign Government. Approved, August 31s^, 1842.
CHAPi 311. An act to reorganize the Navy Department of the United
States. Act of 1815, «.
186,vol.2,p.l4£6«
^ 1. Be U enacted, fyc. That the act approved February AciofTihFWb-
seventh, eighteen hundred and fifteen, entitled " An act to alter "»*gj *8'*» "^
and amend the several acts for establishing a Navy Department,
by adding thereto a Board of Commissioners," be and the same
is hereby, repealed.
^ 2. And be it further enacted, That there shall be attached Boreia. to b*
to the Navy Department the following bureaus, to wit : wity*^ u^ JlJt^
1. A bureau of Navy Yards and Docks. «••(•
2. A bureau of Construction, Equipment and Repair.
3. A bureau of Provisions and Clothing.
*4. A bureau of Ordnance and Hydrc^raphy.
5. A bureau of Medicine and Surgery.
^ 3. And be it further enacted. That the President of the ^,^^ ^^ ^^
United States, by and with the advice and consent of the Senate, burMiui to u
shall appoint, from the captains in the naval service, a chief for ***^*" '
each of the bureaus of the Navy Yards and Docks, and of T^rd-
nance and Hydrography, who shall each receive a salary of three
thousand five hundred dollars per annum, in lieu of all other
Google _
Digitized by VjOOQ
896S 1«42 ^Chap.311.
Oompensation, whatefer, in the naval service ; and shali, in like
manner, appoint a chief of the bureau of Construction, Equip-
ment, and Repairs, who shall be a skiirol naval constructor, and
shall also appoint a chiefof the bureau of Provisions and Cloth-
ing, who shall each receive fof his services three thousand dollars
per annum ; and shall in like manner appoint from the surgeons
of the navy a chief of the bureau of Medicine and Suiigery, who
shall receive for his services two thousand five hundred dollam
per annum.
N^iT'^o^ppoiof 'S^ 4. And be iijnrther enacted. That the Secretary of the
etork. tm ibir*°' Navy shall appoint the following clerks, to wit :
sa^tw *lf \Sl ^°*' ^^^ office of Secretary of the Navy, a chief clerk, who
Nary!"^ shall reccive for his services two thousand dollars per annum ; .
one registering clerk who shall receive for his services one Ihou-'
sand four hundred dollars per annum ; three recording clerks,
who shall receive for their services each one thousand dolhrs per
annum ; one principal corresponding clerk, who shall receive for
his services one thousand five hundred dollars per annum ; and
two assistant corresponding clerks, who shall receive for their aet^
vices each twelve hundred dollars per aimum ; one warrant clerk
who shall receive for his services twelve hundred dollars per an-
num ; and one miscellaneous clerk, who shall receive for his ser*
vices eight hundred dollars per annum.
For the bureau of Navy Yards and Docks, one civil engineer,
who shall receive for his services two thousand dollars per an-
TftrdiaiMrooeiu[num ; One draughtsman, who shall receive for his services one
thousand dollars per annum ; one chief clerk, who shall receive
for bis services one thousand four hundred dollars per annum ;
and two assistant clerks, one of whom snail receive for his servi-
oes one thousand dollars per annum, and the other shall receive
for his services eight hundred dollars per annum.
For the bureau of Construction, Equipment and Repairs, one
assistant constructor and draughtsman, who shall receive for his
«t^t?M/^q^sc>'v'c^3 ^h^ BUi^ of one thousand six himdred dollars per an-
■Miit,aadnpair«.||uj|| . Qp^j fQm^ clerks, onc of whom shall receive for his services
fourteen hundred dollars per annum, and the others shall receive
for their services one thousand dollars per annum, each.
For the bureau of Provisions and Clothing, one chief clerk,
who shall receive for his services one thousand four hundred dol-
▼ii5!2*(Midci5^'ars per annum ; and two clerks, one of whom shall receive for
^"ft his services one thousand two hundred dollars per annum, and
the other shall receive for his services eight hundred dollars per
annum.
For the bureau of Ordnance and Hydrography ,*one draughtsman
who shall receive for his services one thousand dollars per an-
■a??i*"od^ ^Ji num ; and three clerks, one of whom shall receive for his ser-
drogiapby, and y\QQg twclvc hundred dollars per annum, and the others shall re-
ceive for their services one thousand dollars per annum, each.
For the bureau of Medicine and Surgery, two clerks, one of
Digitized by CjOOQIC
1842 Chap. 31 1 . 8963
whom shall receive for bis services twelve hundred dollars per an- dll^slr^'t'*.'
num, and the other shall receive for his services eight hundred ^''*'''
dollars per annum ; and one assistant surgeon, who shall receive
for his services not less than the highest pay of his grade in the
service.
<^ 5. And be U further enacted, That the Secretary of the
Navy shall assign and distribute among the said bureaus such ^fa^tSUd^^
the duties of the Navy Departmeat, as he shall judge to be ex- ii»« iM»r«ftu«1™^ '
pedient and proper ; and all the duties of the said bureaus shall
be performed under the authority of the Secretary of the Navy,oI?«?'TiSliIl?itJ
and their orders shall be coneidered as emanating from him and |j[e^^[*^y*'
shall have full force and effect as such.
^ 6. And beitjurther enacted^ That there shall be allowed
to each bureau a messenger, who yhall receive for his services a Mmmocws.
compensation not exceeding seven huhdred dollars per annum, f
^ 7. And be it further enacted^ That the chief of each bu-
reau hereby established shall be authorized to frank all communi- j, '[■■^■« ^^
cations, from his bureau ; and all communications to his bureau,
on the business thereof, shall be free of postage.
^ 8. Andbe it further enacted y That the books, records, and
papers, now belonging to the office of Navy commissioners shall Ntiw^^dLmkt
be distributed among the bureaus, according to the nature of their £dteib^ ^
duties respectively ; and the Secretary of the Navy is hereby au^
thorized to provide for each bureau, such books of record and
accounts, and such stationery, as may be found necessary ; for siatioMry to
which purpose the sum of three thousand five hundred dollars is ooo^'^pltJiHSii
hereby appropriated, payable out of any moneys 4n the Treasury ^^*'«^'-
not otherwise appropriated.
^ 9. And be U further enacted^ That the unexpended bal- ^ ^ ^^
ance of the appropriation for clerks in the office of the. Secreta-toet^'tfu^hiw
ry of the Navy, and the unexpended balance of the appropriation ^^^ '^
for the Commissioners of the Navy, their secretary and clerks,
together with such additional sum as may be necessary to carry
this law into effect, be, and the same are hereby, appropriated,
out of any moneys in the Treasury not otherwise appropriated.
^10. And be it further enacted, That the Secretary of the
Navy shall, if the same can be done without detriment to the .officers, not
public service, appomt, with their consent, officers of the navy, or liaoiMkou,
not above the grade of lieutenants, to perform the duties of any ^mZ'^iM^r!!^
clerkship created by this act, (except as herein otherwise provi- ^^i£ipi^ ^^
ded,) who shall reeeive each for their services not more than
nine hundred dollars per annum, including their regular pay and
rations ; but the appointment of any officer in the navy to any of
t<be offices or clerkships in this act, shall in no manner whatever
interfere with his grade in the service.
^11. And be it further enacted. That ail acts, or parts of
acts authorizing the President of the United States, or tho Secre- tnMfM^' moniy
tary of the proper Department, under his direction to transfer ||^tio?toRMtbI
any portion of the moneys appropriated for a particular branch J[i;**J*ie*Na^
of expenditure in that Department, to be applied to another '^2![m~''^ ^
Digitized by CjOOQIC
29M 1843 Chap. 311—813.
branch of expenditure in the same Department, be^ and are here*
by, 80 far as relates to the Department of the Naty, repealed.
Approved^ August 31 st^ 1842.
s.Mtop^ 5»i.*'' CHAP. 312.— An act to limit the sale of public stock to par, and to to au.
ii^tlie 'aSi?' tliorize the issue of Treasury notes, in lieu thereof, to a certain amount.
tb?r tee J *i? a*?; ^ ^' Bb U etiacied, fyc, That no stock authorized to be is-
w a'Si^w^Tw*"^^ for a loan, by the act entitled " An act authorizing a loan
b« ''•ou below not exceeding the sum of twelve millions of dollars," approved
^^' July twenty-first eighteen hundred and forty-one, and the act
amendatory of the same, entitled ^* An act for the extension of
the loan of eighteen hundred and forty-one, and for an addition
of five million of dollars thereto, and for allowing interest on
Treasury notes due," approved April fifteenth, eighteen hundred
M^rnoutaJthTr'and forty-two, shall hereafter be sold below par; in case the
i!J^ihiJi^tei!**"8ame cannot be sold at or above par, and the exigencies of the
public service shall require the same, then and in that case the
Secretary of the Treasury shall be, and hereby is, authorized to
issue Treasury notes in lieu of so much thereof as cannot be
thus negotiated, to an amount not exceeding six millions of dol-
lars.
Time for tho ^ S* And be U further enacted^ That the Treasury notes
T»iMry**^noto!^"^^^^"^®^ to bc ifisucd by virtue or this act shall not be issued
""Jj^of 1837 c^'^'^'' ^^^ ^'"^^ limited by said hst mentioned act, being the flf-
6, antep.dMi. tccuth day of April, eighteen hundred and forty-three, for mak*
«,anto°p.879d.^*ing Said loan, and they shall be issued under the provisions and
«& ihi V'^J^li'^itations contained in the act entitled " An act to authorize the
ron^an/^Sltr issuing of Tfcasury notes," approved the twelfth day of October,
omober? *^ui37, eighteen hundred and thirty-seven, and as modified by the act
aod^ March 3i,^j^jj,|gj „ ^^ ^^^ additional to the act on the subject of Treasu-
ry notes," approved March thirty-first, eighteen hundred and for-
ProTiao : when tv : Provided, That the notes authorized to be issued by virtue
f«d«onied, may bo ■'- , . ' , - , , . , ' ,
ceinuad. of this act may, when redeemed, be reissued, or new notes is-
sued in lieu of such as naay pe redeemed within the time above
atMdii7'iiot*?o prescribed for issuing the same, provided that not more than six
«^«ed S6.ooo,.|p;||JQPg ii) Qi„Q„„^ shall be outstanding at any one time under
the authority of this act.
^ juhitire to the «^ 3. And be it further enacted, That nothing in the act
Mto^^ock!'^*' contained, entitled an act authorizing the loan, above referred to,
and an act amendatory of the same, shall be so construed as to
authorize the issue of certificates of stock, for debts due or to be-
come due by the United States, for any other purpose than a
bona fide loan .to the Government according to the original in-
tention of that law, and that no certificate for any loan shall be
issued for a less sum than one hundred dollars.
Approved f August Slet^ 1842.
'Digitized by'CjOOQlC
1842 Resolutions, 2—6. 2965
RESOLUTIONS.
[No. 2.] Joint rcGoIotion on the subject of printing the tables of the sixth
census.
Resolved by the Senate and House of Representatives of the p,,„eni for uw
United States €f America in Congress assembled. That the ^^{^ ^
paymeot of the money heretofore appropriated by Congress, to twOsi, "**"
pay the cipensesof ihe sixth census, be so far suspended, as that
DO money shall be paid for the printing of the compendium or
abridgement of the sixth census by counties and principal towns,
together with the tables of apportionment, as prepared at the De- '
partment of State for the use of .Congress, until the further or-
der of Congress. Approved^ April 14/A, 1842.
f No. 3.] A resolution further to provide for the distribution of the printed
returns of the sixth census, and other documents connected with the
same, the printing of which bos been heretofore directed by law.
Uesolvedj^Cy Thtitthe statistics, including the census of tim •ciMi'eM.
pensioners, and the compendium or abridgement of the sixth cen- STdlSSbSSTK
903 of the United States, heretofore required by law to be printed Sj'Si""*',*'!^
nnder ihe direction of the Secretary of State, shall be distributed iint BepuniMr,
and disposed of by the Secretary in the manner and in the pro- ^^*
portions speci&ed in the joint resolution of Congress passed the
first day of September, one thousand eight hundred and forty-
one, Provided, always. That seventeen thousand copies of the proy|^.|7«gj
said coiBpendittm or abridgement shall be distributed among tbe«opioiortiMeoin.
States, Territories, and persons entitled to distribution under fbetritatsd^D m.
said resoletion, and in the proportions therein specified, and thatj^!^. *"
the peniaffiiog copies of the said statistics and compendium be t^^^^tlTxl
placed in the Library of Congress for future distribution. xibmy «r om-
Approved, April 15tt, 1842. *****
[No. 4. J Joint resolution to continue two clerks in the business of reserva-
tions and grants under Indian treaties.
Resohed, ^c, That the authority given to the Secretary of
War by the joint resolution, approved second May, one thousand Sl^o^alltjh^
eight hundred and forty, to continue the employment of two [^'•JJJJJ***'^
clerks in the business of reservations and grants under Indian
treaties, be extended, after the expiration of the period for which
that authority was granted, for the term of two years.
Approved, May I8th, 1842.
[No. 5.] A resolution to authorize the extension of the contract fop carry-
ing the mail on the route between Mobile and New Orleans.
Resolved, ^c. That the Postmaster General be, and he here-
by is, authorized to extend the existing contract for carrying the
mail upon the steamboat route between Mobile and New Orleans JSfISl£rt«S!i
for three years from the time at which said contract would expire f*'~JJ2jJ^*g;
by its own Timitations, if, in his opinion, the public interest and tSne jmm. ^
convenience will be promoted by such extension of said contract.
Approved, June 1st, 1842.
43 ^^
Digitized by CjOOQIC
8966 1842 Resoltttions, 7—12.
[No. 7.] Joint resolution to antfaorize the comniifleion appointed to prepire
rules and regulations for the naval service to appoint a clerk.
Resolved i^c. That the Secretary of the Na?y be, and he is
hereby, authorized, agreeably to his request, to employ a tempo-
rary clerk for the purpose of aiding the Attorney General and
BiDptaymant of hitnself ID Carrying into efTect the resolution of the twenty-fourth
iuSIIIS3!**"^May, eighteen hundred and forty -two, which requires of them
the preparation of rules and regulations for the Navy.
Approved^ August 1 1 /A, 1842.
[No. 8.] A resolution declarative of the pension act of July seventh,
eighteen hundred and thirty-eight
Resolved, ^c. That the benefits of the act entitled, " An act
granting half pay and pensions to certain widows," approved the
Aetofisas, (s.wventh day of July, eighteen hundred and thirty-eight, shall not
190, Mio p. 9738*. be withheld from any widow whose husband died after the pas-
BMMfiti of ui.*^?® ^^ ^^^ *^^ ^' ^^^ seventh of June, eighteen hundred and
•ctnottpte with thirty-two, and before the act of the seventh July, eighteen boo-
iijidflxmMruin jj.^j and thirty-eight, if otherwise entitled to the same.
Approved^ August I6tk, 1842.
- — - —
[No. 10.] Joint resolution to Institute proceedings to ascertain the title to
Rush Island, ceded in the Caddo Treaty.
Resdvedf ^c.^ That the District Attorney of the United
States for the Western District of Louisiana be, and he ia hereby
directed to institute such legal proceedings in the proper court as
fo^ti^' WMt«rn ^^y ^ necessary to vindicate the right of the United States to
dbtrtet of Louis. Rush IslandyWhich is alleged to have been improperly included ia
i!ISiiiMrtCii.^the limits of the lands ceded by the Caddo Indians to the United
States, by the treaty of the first July, eighteen hundred and thir-
ty-five, and reserved by said treaty in favor of certain persons by
the name of Grappe. Approved, August 30th, 1842.
[Na 12.] Joint resolution authorizing experhnents to be made for the p«n^
pose of testing Samuel Colt's submarine battery, and for ether piu^
poses.
Resolved, Sfc, That the Secretary of the Navy be, and he is
hereby, instructed to render Mr. Samuel Colt facilities to.test his
submarine battery to an extent which will settle the questions
BMt«terr of whether these or any other plan can, with ease and safety, suc-
•r Mr!^k Seii-cessfully bc employed as a power sufficient to destroy the largest
!!!biMri^Uiu!! class of ships of war, when in motion passing in or out of harbor,
gj,;jjj^<*^** without the necessity of approach within reach of shot from
guns of the largest calibre ; and whether continued operations of
the destruction of one or more vessels can be eflected with renew-
ing the means under exposure of an advancing squadron ; and
whether the same can be used for the defence of a harbor with-
out endangering the passage in or out of other than hostile ves-
sels. And that he report at the next session of Congresi, the
Digitized by CjOOQIC
1842 RBSOLtrrioNs, 12—14. ' SMf
etpense and result of these ezperimeots ; Provided, That "the ^jJjJd'wTS
amount so expended does not exceed the sum of fifteen thousand •»>M4si5|Mt«
dollars, to be taken from the fund appropriated by the act of
eleventh of September, eighteen hundred and forty^one, for ex-
periments connected with the naval service of the United States.
^ 2. And be U further resolved^ That the Secretary of the ,^i^ <«^^'
Navy be, and he is hereby, authorized to make such experimen- thtTespuSISrS
tal trial of the several inventions of Thomas M. Easton, Ethan •MMdu''*"**'
Campbell, Aaron Quimby, or either of them, or of other persons, ^
to prevent the explosion of steam boilers, as may be necessary
to test their value and utility as applicable for the purpose afore-
said, to the steam ships of the United States ; and the sum of six ^^ ^
thousand dollars is hereby appropriated therefor but of the fund priat«L
heretofore named. Approved, August S\st, 1842.
[No. 14.] A resolution to authorize an extension of a contract for car-
rying the mail.
Resolved, fyc, That the Postmaster General be, and he is ^ J^^jjJJJ^ £
hereby, authorized, if in his opinion the interest of the Depart- tbe eooTeyuM
ment will be promoted thereby, to extend at this time the con- PotomMT**!^
tract for the conveyance of the mail on the Potomac, for four'**'*
years from the termination of the present contract, in such a way
as to receive the regular transmission of the mail, by means of
ice-boats : And provided^ That the compensation does not ex- PtotInw
ceed the present rates (or two boats service. ^
Approved, AugutitZYsi, 1642.
Digitized by CjOOQIC
1
1843. ACTS OF THE TWENTY-SEVENTH CONGRESS
OF
THE UNITED STATES ;
Passed at the TJiird Session^ which was begun and hM ai the
CUy of Washington^ in the District of Columbia^ on Mem-
day^ the fifth day of December^ one thousand eight Aim*
dred andforty-two.
John Ttler, President. William P. Mangux, President ef
the Senate, protempore. John White, Speaker of the
House of Representatiyes.
CHAP. 3L6. An act to amend the act es'ablishing a district coart of th«
United States at Wheeling, Virginia.
«i2SrSSit* to ^ I' Beit enacted, by the Senate and House of Aqmseii-
bt imm. lo^ives of the United States of America in Congress assembled.
That hereafter two annual terms of the district court for the west-
em district of Virginia be holden at the city of Wheeling, com-
mencing on the twenty-fifth March and (he twenty-fifth of Oc-
tober, in lieu of the one term of the said district court now di-
rected to be held at Wheeling.
Approved, January iOth, 1843.
CHAP. 317. An act to continue the office of Commissioner of PensioH.
■JurSTTulSf "^ ^' Beit enacted, fyc, That the office of Commissioner of
uMi. 'Pensions shall be, and the same is hereby continued until the
fourth of March, one thousand eight hundred and forty-six.
AOoBntoioMr <^ 2. And be it further enacted, That a Commissioner of
iS/doSSl"**^ Pensions shall be appointed by the President of the United States
by and with the consent of the Senate, and that he shall execute
under the direction of the Secretary of War and the Secretary
of the Navy, such duties in relation to the various pension laws
as may be prescribed by the President : and also such duties io
relation to the laws granting military bounty lands as may be as-
signed to him by the Secretary of War with the sanction of the
President.
mllnwoolSli ^ 3. And be it further enacted, That the said Commission-
tiMfranktofpriT.er shall receive an annual salary of two thousand' five hundred
***' dollars and shall have the privilege of sending and receiving let-
ters and packets by mail, free of postage. Approved, January
90M, 1843.
Digitized by CjOOQIC
1848 Chap. 20—343. * 2969
CHAP. 20l An act to re-enact and continue in operation the several acta
now in foree fi>r the reliefof insolvent debtors of the United States. lo Sou p! Krnl
^ 1. Be it enactedy fyc, That the act entitled, "An act to A«nap«ihi«««
extend for a longer period the several acts now in force for the J^*'»'^ y**'*
relief of insolvent debtors of the United States/' approved the
twenty-seventh May, eighteen hundred and forty, and the sever-
al acts therein mentioned, shall be, and the same are hereby, re-
enacted and continued in force for thr^e years from and after the
expiration of the said first mentioned act, and until the cases
which*may be depending when such first mentioned act shall
expire shall be determined, for the purpose of finally disposing
of such cases, and for no other purpose. Approved^ January
28{&, 1843.
— ^ »
'chap. 343. An act to amend the charter of the town of Alexandria.
^ \. Beit enacted^ SfC. That the Mayor of the town of Alex- EieetkA otiim
andria shall hereafter be annually elected, by ballot, by the citi-***^**'
xens qufklified to vote for members of the Common Council of the
said town ; and that the votes for Mayor shall be taken by the
Commissioners appointed to superintend the election for members
of the Common Council in the several wards of the said town,
under the same laws and regulations as now govern the election
of members of the Common Council, and at the same time
' and places appointed therefor, excepting so far as may by this
act be otherwise hereinafter directed ; and the Commissioners for
all the wards, or a majority of the Commissioners for each ward,
shall meet on the day after the said election at the Council Cham-
ber in the town of Alexandria, or at snch other fit and convenient
place as the Common Council may, from time to time direct, and
then and there add and compare the votes given for Mayor in
their respective wards, and the individual having the highest num*
ber of votes for the office of Mayor, shall be. declared by the
Commissioners so assembled to be duly elected ; and they shall '
make out a certificate thereof, and cause the same to be delivered
to the person elected, and a duplicate thereof to the Clerk of the
Common Council ; and if two or more persons voted for as Mayor
shall have an equal and the highest number of votes, the Com-
missioners shall certify that fact, with the names of such persons,,
to the President or Chairman of the Common Council, whereupon
the Common Council shall proceed to elect the Mayor from among
those who received the equal and hig^hest number of votes, in tho
manner now provided by law.
^ 2* And be U further enacted, That the said Commissioners, ^^»»ta««ijw
before they shall receive any vote for Mayor, shall, in addition loan Mkuuoqu
the oath or affirmation now required of them by law, severally ^^'
take on oath or affirmation, truly and faiihfuily to receive and
count the votes of such persons as are by law entitled to vote for
Mayor of Alexandria in ward No. , and not knowingly to
receive the vote of any person for Mayor who is not legally enti-
Digitized by CjOOQIC
a»rO 1843 Ohaf. 343-348.
tied to the sanie, which oath shall be administered by the Mayor,
or any justice of the peace for the coanty of Alexandria.
ineaMofTneaii- ^ 3« And be U further enacted^ That on the refusal of any
ScSSi^'inSK person elected to Ihe office of Mayor of Alexandria, in the mode
um eieetioR. prescribed in the foregoing sections, to accept the same, or on the
deatii, resignation, inability, or removal of any person filling'such
office of Mayor of Alexandria, the Common Council of said town
shall proceed to elect another person to fill said office for the re-
mainder of the year.
^Ttoeofth«flm ^ 4. ^fid be it further enacted, That the first election under
this act shall be held at the time when the members of the Com-
mon Council of Alexandria are elected next after this act goes
Pn^gUm*^ into effisct : Provided, however. That nothing in the foregoing
•cL ^ sections contained, shall in any wise altera change, or afiect the
powers, duties, qualifications, or term of service of the Mayor of
said town of Alexandria, as now provided by law, except so far as
the same may be in conflict with this enactment.
Approved, February iSth, 1843.
CHAP. 344. An cuct to authorize the chief clerk in the office of the Secre^
taiy of State to frank public and official documents sent from that office.
vrmnktBgi>riTi. ^ ^* -^e « enacted, SfC, That tlio^ right and privilege of frank-
i^tgniiMd. ingall public and official documents, that may be sent from the
office of the Secretary of State, be, and hereby is, granted to the
chief clerk in that office. Approved, February 1 5th, 1843.
CHAP. 34$. An act to change the place of holding the circuit and district
courts io the district of Maine.
oiftQiteoimto ^ \. BeU enacted, fyc. That the term of the circuit court of
uiid*cSiIio?toIthe United States, for the district of Maine, heretofore held at
i^- Wiscasset, in and for said district, on the first day of October,
shall hereafter be held at Portland, in said district, on the first day
of October, and that all writs, pleas, and recognizances and in-
dictments, and all other proceedings, both civil and criminal,
pending in said court, shall be returnable to and have day and be
heard, tried, and proceeded in at Portland, in the same manner
as they might have been done at Wiscasset, had the place of
prortoa holding said court not been changed : Provided, however, if the
first day of October happen on Sunday, then the court shall be
held on the second day of said month.
ntitiiet court ^ 2. And be it further enacted, That the term of the district
{j^Jjw^PjJ; court of the United States for the district of Maine, heretofore
d^rofT«tiratf]r. held at Wiscsssct, on the fourth Tuesday of February, shall here*
after be held at Portland on the first Tuesday of February, and
that the term of said court heretofore held at Portland on the first
oii^4?h*T?!Xy Tuesday of June, shall hereafter be held at Bangor in said district,
**"""•• on the fourth Tuesday of June.
Approved, February \5th, 1843,
Digitized by CjOOQIC
1843 Chap. 846. 2971
CHAP. d46. Ao act to aQthorize the Legielatiirea of the States ofllli.
nois, Arkansafl, Louisiana, aod TeoDessee, to sell the lands heretofore
appropriated for the use of schools in those States.
^ \. Be it enacted, fyc. That the Legislatures of Illinois, ^^^^^ ^
Arkansas, Louisiana, and Tennessee, be, and they are hereby, •^^ or •ebooi
authorized to provide by law for the sale and conveyance, in fee vo>t'tiMr^«/?a
simple, all or any part of the lands heretofore reserved and ap- ^a' «f*wBSi
propriated by Congress for the use of schools within said States, ^^^^ i?"t!r
and to invest the money arising from the sales thereof in some pro- •^f^^-
ductive fund, the proceeds of which shall be forever applied, un-
der the direction of said Legislatures, to the use and support
of schools within the several townships and districts of country
for which they were originally reserved and set apart, and for
fip other use or purpose whatever : Provided, Said land, or any ^^^^ ^
part thereof, shall in nowise be sold without the consent of the wiuwat un ^.
inhabitants of such township or district, to be obtained in suchunuortiJtolr^
manner as the Legislatures of said States shall by law direct ; '^^'
and in the apportionment of the proceeds of said fund, each ApportioomMt
township and district shall be entitled to such part thereof, and •' ^ p««ewd».
no more, as shall have accrued from the sum or sums of money*
arising from the sale of the school lands belonging to such
township or district.
^ 2. And be it further enacted. That the Legislatures of said „^^,^^ ^
States be, and they are hereby, authorized to make such laws pteetJoo^Mki
and needful regulations as may be deemed expedient to secure ^^iSt u Jli£
and protect from injury or waste, the sections reserved by the ****••*" ***""
laws of Congress, for the use of schools, to each township, and
to provide by law, if not deemed expedient to sell, for leasing
the same for any term not exceeding four years, in such manner
as to render them productive and most conducive to the object
for which they were designed.
^ 3. And be it further enacted, That if the proceeds accruing jncaM u fv-
to any township or district from said fund, shall be insufficient ^SSS^lSTu^
for the support of schools therein, it shall bq lawful for said Leg- SUit^S^iJUIi
islatures to invest the same in the most secure and productive ^"^S^*"*^'^ •^
manner, until the whole proceeds of the fund belonging to such
township or district shall be adequate to the permanent mainten-
ance and support of schools within the same : Provided, That ProTifoHoTMt-
the Legislatures aforesaid shall in no case, invest the proceeds H^HJ^^ "^^uho!!t
of the sale of the lands in any township in manner aforesaid, fS^'^ili^^
without the consent of the inhabitants of said township or dis-'^ip*
trict, to be obtained as aforesaid.
^ 4. And be it furth^ enacted, That any sales of such lands, i^^jJ'J^^^j;;!
reserved as aforesaid, as have been made in pursuance of any of jj^ SST'^SSi
the laws enacted by the Legislatures of said States, and noAn- p^"*^^^ •^^
consistent with the principles of this act, are hereby ratified and *^
confirmed so far as the assent of'Hhe United States to the same
may be necessary to the confirmation thereof. Approved, Feb-
ruary Ibth, 1843.
Digitized by CjOOQIC
2972 1843 Chap. 357—362.
CHAP. 397.^An act altering the times of holding the circuit court oTthe
UnttedStatea for the district of Connecticut
chuffld to ^ \, Be it enacted J ^c, That the circuit court of the Uni-
i?"*Apr2?*^S ted Sutes for the district ofConoecticut, shall heUeafter be held on
giJi,2S;:**y ^ the fourth Tuesday in April, and on the third Tuesday in Septem-
ber in each year, instead of the last Wednesday in Apri),aod the
seventeenth day of September, the times heretofore established
totSSS^iw- ^y '•^' ^"*' ^" indictments, informations, recognizances, writs,
to(on) suits, pleas, actions, ^notions, and all other proceedings, civil and
criminal, shall be heard, tried, proceeded with, and determined
by the said court, in the same manner as they might and ooghi
to have been done, had the said court been holden at the times
heretofore directed by law. Approvedy February 24^, 1848.
Act of 1800, c. CHAP. 358. — An act to continue in force an act therein mentioned, rjISt-
16, ToL i| p. 73il ing to the port of Baltimore.
Act of i7ih % \* Beit enacted^ fyc, That the act'passed the seventeenth
ii*2J^ iStotto ^y ^^ March, one thousand eight hundred, entitled " An act de-
BUiyitnd, n^ir. claring the assent of Congress to certain acts of the States of
couuw!l|?«if Maryland and Georgia," and which by subsequent acts has been
revived and continued in force until the third of March, one thou-
sand eight hundred and forty-three, be, and the same, so far as it
relates to the act of the State of Maryland, is hereby revived and
continued in force until the first day of June, in the year one
' rroHKK thousand eight hundred and fifty : Pr ot^idecf , .That nothing h ere-
in contained shall authorize the demand of a duty on tonnage
on vessels propelled by steam employed in the transportation of
passengers. Approved, February 24M, 1843.
3ia**?!a.*1*' ** CHAP. 369.— An act amendatory of an act establiflhing the branch mint
2«ii. * ^' at Dahlonega, Georgia, and defining the duties of asBayeraadeoiner.
DttHMormeM- ^1* Be it enacted, fyCj That an act passed the thirteenth
JJ^JjjJ^^lfJJ dayof February, one thousand eight hundred and thirty-seven*
2rio*«*'?i***JhJ^^ amend an act entitled "An act to establish branches of
binuicb mints fti the mint of the United States,'' passed the third day of March,
chariStT *" one thousand eight hundred and thirty-five, be, and it is hereby^
altered and amended so as to transfer the duties of melter and re-
finer from the assayer to the coiner at the branches of Dahlonega
in Georgia, and of Charlotte in North Carolina, respectively, and
that all laws and parts of laws conflicting with this act be, and
they are hereby, repealed. Apprpved, February 27^i, 1843.
CHAP. 36^.— An act amendatory of '' An act for the relief of sick and
M,^*'i'?4i disabled seamen."
^ I. Be it enacted, fyc, That the provisions and penalties of
i?w,»t^ded''ta the act of the sixteenth July, one thousand seven hundred and
thecauuoctraio ninety-eight entitled " An act for the relief of sick and disabled
seamen," be, and the same hereby are, extended to the masters,
mmmtm to te owners, and seamen of registered vessels employed in carrying
h^SSuiTai^^on the coasting trade; and the Secretary of the Treasury is au-
Digitized by CjO(3qIC
1843— Chap. 363—364. 2973
thorized and directed to issue such instructions to the collectors
of the various ports as shall secure the collection of hospital mo-
ney from said seamen, masters and owners.
Approved, March Uf, 1843.
CHAP. 363.— An act to perfect the titles to lands south of the Arkansas i9^*Toi?«'p,ifibol
river, held under New Madrid locations, and pre-emption rights under
the act of one thousand eight hundred and fourteen.
§ \. Beit enacted, SfC, That the locations heretofore made of "^rJJtlS'iiS*
of warrants issued under the act of the seventeenth of February, t7iho1-'*F»bruar^
one thousand eight hundred and fifteen, entitled "An act for the *®'^» '*•'*****'
relief of the inhabitants oT the late county of New Madrid, in
Missouri Territory, who suffered by earthquakes" of those loca-
tions which were made on the south side of the Arkansas river,
if made in pursuance of the provisions of that act in other re-
spects, shall be perfected into grants, in like manner as if the In-
dian tide to the lands on the south side of said river had been
completely extinguished at the time of the passage of said act.
^2. And be it further enacted. That in all cases in which incas«iinwhich
the location so made on the south side of the Arkansas river may tiSo *MroDrhuld
have been sold, and the lands thus located under the act afore- |j^j^"»*j^}'j;j|^
said have been appropriated by the United States, the owner of e** ^' the war-
the warrants issued under the provisions of the act aforesaid shall ised u* enrerotit^
have a right to enter, within twelve months after the passage of"**"**^
this act, without paymerit,'the like quantity of the public lands,
of any of the unappropriated and unimproved lands in the State
of Arkansas, corresponding with the legal subdivisions.
^ 3. And be it further enacted, That, every settler on the of^th?ArklS2ll
public lands south of the Arkansas river shall be entitled to the SJi* of JJ,.!r,SJl
same benefits accruing under the provisions of the pre-emption "'^**^**^***^
act of one thousand eight hundred and fourteen, as though they
had resided north of said river. .
^ 4. And be it further enacted, That all Cherokee pre-emp- pr^mptiou'oQo.
lions which have been or may be located upon any of the but-*""***'
veyed lands of the United States, south of the base line in Ar-
kansas, shall be confirmed, and patents shall issue thereon as in
other cases. Approved, March \st, 1843.
CHAP. 364. — An act in relation to the two per cent, fund of the State of
Mississippi.
^1. Beit enacted, i^c, That the assent of Congress i»hereby Aimt ofcoo-
given to the appropriation, by the Stale of Mississippi, to xYkd^^wSn of'ifvt
completion of the railroad (from Brandon to Jackson, of the sum iLx^i^V^S!^
of twenty-five thousand dollars, as part of the two per cent, fund ^^|,SJ/**^^
heretofore relinquished by Congress to said State ; and that^e
Governor of said Slate be, and he is hereby, authorized, with the
said two per cent, fund now in the treasury of the United States ooy^raorofMit.
to enter any public lands in said btate, subject to private entry, so^ to •nt»ri«Dd
and in the name and on behalf of said State, to be held subject mm. V^''*' '^^
to the same trusts and purposes of said fund.
Approved, March lat, 1843.
44
Digitized by CjOOQIC
2974 . 1843 Chap. 53—382. %
CHAP. 53. — An act regulating the mode of paying over to the State of
Aot of 1841, c.i6i Alabama the two per eent. fund relinquished to said State by the act ap-
ute P.S843. proved on the fourth day of Septediber, one thousand eight hundred and
forty-one.
•
Bins of tiM Bank ^ ^- Bb U Bnocied^ 8fc.j That the registers and receivers of"
MiTmbJefoTuod^ public iDoneys at the different land offices in the State of Alaba-
t!'tbe unooot <^ma be, and they are hereby, authorized and required, under such
h^^^^^ regulations as the Secretary of the Treasury may prescribe, to
take and receive from the actual settlers on the public lands in
said State in payment for their houses and impr6vement8, enter-
ed by virtue of any of the pre^emptidh laws now in force ; the
bills of the bank of the State of Alabama, or any of the brandies
thereof, to an amount equal to the amount of the two per cent,
fund relinquished to this State by the Congress of the United
onuuty oritad 3^^^^) remaining unpaid : Providedj That no settler shall be al-
toiM murad bj lowed to enter more than one quarter section of land with the
bills of said bank, or either of them : And protMed further
Aiabttuato r»-That the State of Alabama shall receive from the Government of
r«f^e?i''of^th2^'^® United States, in payment of said two per cent fund, the
iwopere«iit.ftiDd bills of the Bank of the State of Alabama, and the several branch'*
es thereof, taken and received by the registers and receivers, as
aforesaid, from the settlers aforesaid, in payment for their pre-
emption claims :' And provided further ^ That nothing in this act
n^SS^t^it. si)<^ll ^ BO construefl as to change the terms, conditions, and lim-
mAioMd by ibia itations, annexcd to the relinquishment of said fund to the said
State, by the act aforesaid ; but such terms, conditions, and lim-
itations, shall apply and be in full force in reference to said fiind,
notwithstanding its payment in the inode provided by this act.
Approved^ March Is/, 1843.
CHAP. 382. — An act regulating the currency of foreign gold and silver
(^oins in the United States.
^bS^St qS" ^ ^' Beit enacted f ^c, That from and after the passage of
FnwM to be ^^ ^^^^ ^^^* ^^^ followiug foreign gold coins shall pass current as
r|iiii^tb«ir wSw money within the United States, and be receivable, by weight,
for the payment of all debts and demands, fit the rates following,
that Us to say : the gold coins of Great Britain, of not less than
nine hundred and fifteen and a half thousandths in fineness, at
ninety-four cents and six-tenths' of a cent *per penny-weight ;
and the gold coins of France, of not less than eight hundred and
ninety-nine thousandths in fineness, at ninety-two cents and nine-
tenths of a cent per pennyweight.
oota^.'^r ^Z ^ 2- ^^ b^ it further enacted^ That from and after the pas-
hwu^dlhd^ Hi^ ^^ ^^ ^^^' ^^^ following foreign silver coins shall pass cur-
^^uUSTStt ^^^^ ^ money within the United States, and be receivable by
^ "^ * tale, for'the payment of all debts and demands, at the rates fol-
lowing, that is say : the Spanish pillar dollars, and the dollars of
Mexico, Peru, and Bolivia, of not less than eight hundred and
ninety-seven thousandths in fineness, and four hundred and fif-
teen grains 'in weight, atone hundred cents each; and the five-
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1843 Chap. 383—387. 2976
franc pieoes of France, of not less than nine hundred thousandths
in fineness, and three hundred and eighty-four grains in weight,
at ninety-three cents each.
^ 3. And be U further enacted, That it shall be the duty of eotaTITb:'.'*^
the Secretary of the Treasury to cause assays of the coins made oit^SS^
current by this act to be bad at the mint of the United States, at
least once in every year, and to make report oC the result thereof
to Congress. Approved, March 3d, 1843.
' — — — — — —
CHAP. 384.-— An act declaring Robbinstonin the State of Maine, to be a
port of delivery.
^1. BeU enacted, fye.. That the town of Robbinston, in the
Stat^ of Maine, shall be a port of delivery, to be annexed to the d»u^, ^^ ^
district of Passamaquoddy, and shall be subject to the same reg-
olations as other ports of delivery in the United States.
Approve^^ March 3d, 1343. ^
CHAP. 385. — An act to permit the entry of merchandise recovered from
shipwreck, in certain cases, fVee from d&ty.
^ I. Beit enacted, fyc. That whenever any ship or vessel la- r^^St^HSH
den with mercbandise, in vf^hole or in part, subject to duty, '''i<^l||^{|[!?f^>of *^'
be, or shall have been, sunk in any river, harbor, bay or waters, xj '** ° ^^'
subject to the lurisdiction of the United States, and within its
limits, and shall have .remained so sunk for the period of two
years, and shall be abandoned by the owners thereof, any person
or persons who may raise such ship or vessel, shall be permitted
to bring any merchandise recovered therefrom, into the port near-
est to the place where said ship or vessel was so raided, fre6 from
the payment of any duty thereupon, and without being obliged
to enter the same at the custom-house, under such rules and reg-
ulationaas the Secretary of the Treasury may prescribe.
Approved, March 3d, 1843-
CH AP. 386.— An act to reduce the salary of the surveyor of the port of
Camden, New Jersey.
^ \. Be it enadted, Sfc, That the salary of the surveyor of «>1
the port of Camden, in the State of New Jersey, shall be fixed
at two hundred and fifty dollars per annum, besides the lawful
fees allowed to surveyors.
^ 2. And be it further enacted, That this act shall take effect ^Arttotjkyf^
from the date of its passage, and all acts or parts of acts inconsis- mcs. ^^^
tdnt with the provisions of this act are hereby repealed. ■»?•»«.
Approved, March 3d, 1843.
CHAP. 387. — An act to change the times of holding the circuit and dppi-
trict courts for the district of East Tennessee.
^ 1. Be it enacted, fyc, That the circuit and district courts Sj^STi^chw?
of the United States for the District of East Tennessee shall j[jj^j^yl»»« ^«;J
thereafter be held on the third Mondays of April and October in ^' ^'ud oeto-
eacb and every year, instead of the times now prescribed by law,
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2976 1843 Chap. 387—391.
under the same rules, in the same manner, and under the same
regulations now prescrilied for the holding of said courts,
looawof BOO. ^ 2. And be it further emacted^ That in case of the noD-at-
SSSfTjS^ 2?- tendance from any cause of the district judge at either of the
jjujodgitoboui^y^jg in either of the diitrictsin the State of Tennessee, requir-
ed or authorized to be held by him, the circuit judge whose cir-
cuit includes said districts may hold the same, and in addition to
the jurisdiction now conferred on him, shall have and exercise
the same jurisdiction and powers now conferred oo said district
judge. Approved, March 3d, 1843.
CHAP. 388. — An act to fix the compensation of the CommifliioDer of
Public Buildings.
fc2*^°5uooo ^ 1- Beit enacted, ^*c., That the compensation of theCom-
ft uniun. missioner of Public Buildings shall be two thousand dollars per
^annum, and no more.
R6imtiv« toth« ^3. And he it further enacted. That no portion of the ap-
Upp^kuiM for propriation for public building and grounds, or any improvement
Jod'inouaSil!*'"** ^^ alteration of the same, shall be applied to the payment of a
clerk or clerks in the office of said commissioner, or of an archi-
tect, unless the same be expressly provided for in the act.
Acts • ineonit' ^ 3. And hc U furthcT enacted, That all acts or parts of acts
inujMrewuh i^ inconsistent with the provisions of this act be, and the same hereby
are, repealed. Approved, March 3d^ 1843.
CHAP. 390. — Aiv^ct to set aside certain reservations of lands, oo account
of live oak in the southeastern district of Louisiana.
^^^. ' ^ \, Beit enacted, ^'•c. That the reservations made by the
ttou of land* for United States in eighteen hundred and thirty-two, of lands siio-
iiT«o«ki»tMid«. ^^^ in township thirteen, range twelve east; township fourteen,
ranges twelve and thirteen east ; 'township fifteen, range thirteen
east ; township sixteen, range sixteen east ; and township seven-
teen, range, sixteen east, in the southeastern district of Louisia*
na, on account of the live oak supposed to grow thereon, be set
^tofpraHBin^ aside and annulled ; and that any persons entitled to pre-emption
■amittadL^ uudcr the existing laws, within the limits of the said townships,
be admitted to make their proofs and cotnplete their titles in the
same manner as if the reservations foblive oak had not been made.
Approved March 3d, 1843.
CHAP. 391. — An act authorising the sale of lands, with the improve-
ments thereon erected by the United States, for the use of their ageots,
teachers, farmers, mechanics, and other persons employed amongst Xhe
Indians.
0«ie of iMin ^ ^' ^* *' enacted, ^c. That the Secretary of War be, and
•4ei^b/uDitS he is hereby, authorized to cause to be sold all such dwelling-
H^nte,*of«i^ng houses, churches, school-houses, workshops, and other buildings
Indiana authorr. belonging to the United States, as have been, or hereafter shall
be, erected for the use of their agents, teachers, farmers, mechan-
ics, and other persons employed amongst the Indians, when the
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1843 Chap, 391—394. 2977
lands oo which the same are erected shall have become the prop-
erty of the United States, and are no longer necessary for the
purposes aforesaid.
^ 2. And be U further enactedf That the Secretary of War saie of jaod
-be, and he is hereby, authorized to caut^ito be sold^at his discre- eMh^bi^iUinJ!'^
tion, with each of such buildings mentioned in the preceding sec-
tion of this act, a quantity of land not exceeding one section ;
and on the payment of the consideration agreed for, into the
treasury of the United States, by the purchaser, the said Secreta-
ry shall make, Vxecute, and deliver, to the said purchaser, a title
in fee simple for such lands and tenements.
Approved, March 3d, 1843.
CHAP. 392. — An act to repeal an act entitled " An act to extend the col-
lection district of Wiscasset."
^1. Be it enacted, S^c. That the act entitled "An act to ex- r^t! iwa, wpeS
ed.
tend the collection district of Wiscasset," passed August thirty
first, A. D. one thousand eight hundred and forty-two, be, and
the same is hereby, repealed. Approved, March 3d, 1843.
CHAP. 394. — An act authorizing the reissue of treasury notes and for .Act of 1842^ e.
^ ^ ^ 318, ante p. 2964.
Other purposes.
' ^ 1. Beit enacted, fyCy That when any outstanding treas-p^^i^uVluth^rl
ory notes, issued in pursuance of the act of thirty^first August,^'''*'
one thousand eight hundred and forty-two, entitled, '^^ An act to
limit the sale of public stock to par, and to authorize the issue of ,
treasury notes, in lieu thereof, to a certain amount," or any pre-^
vious act of Congress, shall after the passage of this act, be re-
deemed at any time before the first day of July, one thousand
eight hundred and forty-four, the Secretary of the Treasury,
should the wants of the public service require, may cause other
notes, to the same amount, to be issued in place of such as may
be redeemed, under the limitations and other provisions of the
respective acts by which said notes were originally authorized and
issued. Payment of Inter-
's* 2. And be it further enacted. That after maturity of the J'^\^;° ^'^^'^
treasury notes issued under the said act of thirty-first August, or
of this act, interest may be paid thereon, in the same manner as Act^o''J8g,c.5i,
on treasury notes authorized previous to the fifteenth April last,*"*,**'
*onder the ninth section of the act approved on that day, entitled
<< An act for the extension of the loan of one thousand eight
hundred and forty-one, and for an addition of five millions of dol-
lars thereto, and for allowing interest on treasury notes due." ^^ i.8oaof .tock
^ 3. And be it further enacted, That, in lieu of issuing the ('»iboriz»>d id liea
treasury notes in the manner authorized by the first section orthis*^ irew«ry ootoi,
act, the President, if in liis opinion fit shall be for the interest of
9 the United States so to do, may cause any of said notes now out-
standing) to be redeemed and cancelled as they become due, if
the Secretary of the Treasury cannot redeem them out of the
funds in the treasury, by an issue of stock of the United States
Digitized by
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2978 1843 Chap, 894-396.
for the amount thus redoMoed, in the same form, for the same
time, and under the same restrictions, limitations, and provisions,
as are contained in an act approved April fifteen, eighteen hun-
dred and forty-two, entitled " An act for the extension of the loan
of eighteen hundred and. forty-one, and for an addition of five
million of dollars thereto, and for allowing interest on treasury
notes due," except that no commission sluill be allowed or paid
for the negotiation of such business ; and except also that said
stock so to be issued, shall* be redeemable at a period not longer
than ten years from the issue thereof.
Approved, March 3d, K43.
Act of 1841. e. 4 CHAP. 395.— An act to repeal the bankrupt act
ante p. 88W. ^ *^
B^^apt set r». ^^ i^ BtU enoded.^c., That the act entitled «« An act to estab-
lish a uniform system of bankruptcy throughout the United
States," approved on the nineteenth day of August, eighteen
hundred and forty-one, be, and the same hereby is, repealed :
Provfm : esMi Prmnded^ That this act shall not affect any case or proceeding in
Sdf'**'*'*^ bankruptcy commenced before the passage of this act, or any
pains, penalties, or forfeitures, incurred under the said act ; but
every such proceeding may be continued to its final coosomma-
tion in like manner as if this act had not been passed.
^ Approved, March 3d, 1843.
CHAP. 396 — An aet making appropriationa for the naval service for the
half calendar year beginning the first day of January and ending the
thirtieth day of June, one thousand eight hundred and forty-three, and
for the fiscal year beginning the first day of July, one thousand eight
hundred and forty-three, .and ending the thirtieth day of June one thou-
sand eight hundred and forty-four.
^1. Beit enacted, ^c. That the following sums be, and are
hereby, appropriated, out of any unappropriated • money in the
treasury, for the naval service for the half calendar year begin-
ning on the first day of January and ending on the thirtieth day
of June,^ one thousand eight hundred and forty-three; and for
the fiscal year beginning on the first day of July, one thousand
eight hundred and forty-three, and ending on the thirtieth day of
June one thou^nd eight hundred and forty-four.
Ex ofhtm ^^^ defraying the expenses of the agencies for the inspection
afifiekM.^ ^'"''of hemp, authorized by a joint resolution of Congress, approved •
materi ^'gh^^®"^*^ February, one thousand eight hundred and forty-three,
^htor^ihTi^wy] four thousaud dollars : Provided, That all provision and clothing,
uulM^hm!T^to hemp, and other materials of every name and nature, for the use
iSntreS!****** ^^ of the navy, and the transportation thereof, when time will per-
mit, shall hereafter be furnished by contract by the lowest bidder
as follows : the Secretary of the Navy ^hall advertise, once a
week) for at least four weeks, in one or more of the principal pa-
pers published in the place where such articles are to be ratnish- *
ed for sealed proposals for furnishing such articles, or the whole
of any particular class of articles^ specifying in such advertise-
ment the amount, quantity, and description of each kind of arti-
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1843 Chap. 396—997. 2979
cles to be fornUhed, and all such proposals shall be kept sealed
UDtil the day specified in such advertisement for opening the same^
wh^D they shall be opened by or under the direction of the ofB-
cer makiDg such advertisement, in the presence of at least two
persons ; and the person oflTering to' furnish any class of such ar-
ticles,, 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 furnishing the same ; and
in erase the lowest bidder shall fail fb enter into such contract and
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 contract and give such security;
and that all such bids or proposals shall be preserved and record-
ed, and reported to Congress at the commencement of every reg-
ular session ; and the same shall contain a true and faithful ab-
.stract of all offers made, embracing as well those which are re-
jected as those which are accepted ; the said abstract shall em-
brace the names of the party or parties oflering, the terms propo-
sed, the sums demanded, and the length of time the agreement
is to continue. 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 States, in any court having jurisdiction thereof.
Approved, March 3d, 1843.
CHAP. 3d7. — An act to test the practicability of establishing a system of
eiectro-roagnetic telegraphs by the United States.
^ 1. J3e {/ enac/ed ^c, That the sum of thirty thousand dol- imooa appro-
lars be, and is hereby, Appropriated, out of any moneys in the fti^ing • uot^of
treasury not otherwise appropriated, for testing the capacity and teuSfTphi^uoder
usefulness of the system of electro-magnetic telegraphs invented Jjj^'jfftjjjj^j;
by Samuel F. B. Morse, of .New York, for the use of the Govern- ^ome.
ment of the United States, by constructing a line of said electro-
magnetic telegraphs, under the superintendence cf Professor
Samuel F. B. Morse, oFjsuch length and between such points as
shall fully test its practicability and utility, and that the same shall
be expended, under the direction of the Secretary of the Treas-
ury upon the application of said Morse. .
^ il. And be ii further enacted, That the Secretary of the Payment of
Treasury be, and he is hereby, authorized to pay, out of thef^^'^pi!!!^
aforesaid thirty thousand dollars, to the said Samuel F. B. Morse, ^^^^^i!^
and the persons employed under him. such sums of money as he
may deem to bo a fair compensation for the services of the said
Samuel F. B. Morse, and the persons employed under him, in
construing and in superintending the construction of the said
line of tflegraphs authorized by this act.
Approved, March 3d, 1843.
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k _
2980 1843 ^Chap. 399.
CHAP. 399. — An act to authorize the investigation of allej^ frauds nn- ^
der the pre-emption laws, and for other purposes.
ap^imed to^^S! ^ 1. Bc U cnacted, fyc, That the Commissioner of the Gen-
Ineg^^fnnd^ Ta cral Land office be, as^ he hereby is, authorized to appoint a
liSd diSricL**""* con^P®^^'^' agent, whose duty it shall be, under direction of said
Commissioner, to investigate, upon oath, the cases of fraud under
the pre-emption Uws, alleged to exist in the Columbus land dis-
trict; in the State of Mississippi, referred to in the late annual
report of said Commissioner, communicated to Congress by let-
ter of the Secretary of the Treasury, dated Deceq^ber the fif-
Modeofinve«-*ee"th, onc thousand eight hundred and forly-two ; and that
ligation. gQch agent shall examine all witnesses who may be brought be-
fore him by the individual or individuals alleging the fraud, as
well as those witnesses who may be produced by the parties in
interest, to sustain said claims ; and that he be, and is, hereby,
invested with power to administer to such witnesses an oath to
speak the truth in regard to any question which may be deemed
necessary to the full examination of the cases so alleged to be
fraudulent ; and such testimony shall be reduced to writing, and
subscribed by each witness, and the same returned to the Com-
missioner, with the opinion of said agent on each claim ; and .
any witness, so examined before the said agent, who shall swear
wilfully and falsely in regard to any matter or thing touching
such examination, shall be subject, on conviction, to all the pains
and penalties of perjury ; and it shall be the duty of the Com-
missioner, to decide the cases thus returned, and finally to settle
the matter in controversy, subject alone to an appeal ^ the Sec-
ere Sf^a^iit EST- retary of the Treasury: Provided, That the power conferred
huiSmpJiSSby this section upon such agent is hereby limited to the term of
one year from and after the date of this act; and the compensa-
tion to be paid to said agent shall not exceed three dollars per
day for each day he may be necessarily engaged in the perform-
ance of the duties required by this section,
of^^^emmed ^ 2> And be it further enacted^ That in any case, where a
befoi5""SSSum° party entitled to claim the benefits of any of the pre-emption
mating claim. Jaws shall havo died before consummating- his claim, by filing, in
due time, all the papers essential to the establishment of the
same, it shall be competent for the executor or administrator of
the estate of such party, or one of the heirs, to file the necesary
papers to complete the same : Provided, That the entry in such
cases shall be made in favor of'' the heirs'' of the deceased pre^
.emptor, and a patent thereon shall cause the title to inure to said
heirs, as if their names had been specially mentioned.
setncrw oncer- <§» 3. And be it further enacted^ That every settler on section
?e'yea"a't%?me"Sf sixteen, rcscrvcd for the use of schools, or on other reserves or
eauJrSherii^(S ^^"^ covcrcd by privatc claims of others, which was not surveyed
at the time of su9h settlement, and who shall othern^e come
within the provisions of the several pre-emption laws in force at
the time of the settlement, upon proof thereof tiefore the register
of the proper land office^ shall be entitled to enter, at the mini-
Digitized by CjOOQIC
1843 Chap. ^9. 2981
«l«m price, any oUier quarter aeclioo, or fractional aection, or
fractional quarter aection, in the land district in which such school
section or reserve or private claim may lie, so as not to exceed
t>ne handrefl and sixty acres, not reserved from sale^ or in the oc*
Gupancy of any actual bona fide settler: Providedy such settle* Prertoo,
ment was made before the date of the act of fourth September,
eighteen hundred and forty-one, and after the extinguishment' of
the Indian title.
^ 4. And be U furiktr enacted, That, where an indiriduaUitata^uS;.'
has filed, under the late pre-emption law, his dechmtioo of in^^^SSu^"
tenlion to claim the benefits of said law for one tract of land, it «>d for anoihtr.
shall not be lawful for the same individual at any future time, to
file a second declaration for another tract.
^ 6. And be U further enaded, That claimants under ^l^e ae?ut?*"*%m""
late pre-emption laws, for land not yet proclaimed for sale, areiioDUw^'umS
required to make known their claims, in writing, to the register Sw nflto'alSicQ
of the proper land office, within three months from the date of cuSlillll ^^^'
this act when the settlement has been already made, and within
three months from the time of the settlement when such settle-
ment shall hereafter be made, giving the designation of the tract,
mnd the time of settlement ; otherwise bis claim to be forfeited,
and the tract awarded to the next settler, in the order of timei on
the same tract of land, who shall have given such notice, and
otherwise complied with *J)e conditions of the law.
^ 6. And be it further enacted. That whenever the ^acan- j^25!S*fo?iiSS^
cy of the oflice either of register or receiver, or of both, shall co^kM* wiTh
render it impossible for the claimant to comply with«ny requisi- c![!!^'^^Man^
tion of any of the pre-emption laws within the appointed time, Stw onrecawlS!'
meki vacancy shall not operate to the detriment of the party
claiming, in respect to any matter essential to the establishment
of his claim : Provided^ that such requisition is complied with ^rowim.
within the same period after the disability is removed as wouM
have been allowed him had such disability not existed.
^ 7. And be U further enacted, That where a settler on theo?2ir«l2l?f
public lands may reside on a quarter section, a fractional quarter ^{j^*|^^^||{.-
section, or a fraction of a section less than one hundred and six- «Bt^ to a
ty acres, and cultivated land on any other and diflferent tract of
either of the descriptions aforesaid, he or she shall be entitled,
under the act of June twenty-two, one thousand eight liundred '
and thirty-eight, to the same privileges of a choice between two
legal subdivisions of each; so as to include bis or her house and
farm, not to exceed one hundred and sixty acres in all, as is gran-
led, by the first section of that act, to settlera residing on a quar-
ter section, and cultivating on another and different quarter.
^ 8. And be U further enacted, That where two or more per-wmSSTpeiJSS
sons are residing on any of the species of tracts specified in sec- ^StSS mum?
tion sevM of this act, as required by the acts of the twenty-sec<^ StilS! ^mS-
ond of Tune, one thousand eight hundred and tffirty-eight, andi>«<>(^<»«^
firat of June, one thousand eight hundred and forty, and any one
or more of said settleia may have cultivated land during the pe-
45
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Proyiao.
2982 1843 Chap. 399—400.
riod of residence -required by either of said acts, on another tvA
diflerent tract, or other and different tracts, the latter mentiooed
settlers shall be entitled to the option of entering the tract lived
on, jointly with the other or others, or of abandoning the tract Iiy-
ed on to those who have not cultivated laud as above required,
and cultivating the tract or tracts cultivated^o as not to exceed od
hundred and sixty acres to any one settler, who, by virtue of
this section, is entitled to a separate-entry ; or such joint settlers
may jointly enter the tract so jointly occupied by them, and in
addition enter other contiguous unoccupied lands, by legal subdi-
visions, so as not to exceed one hundred and sixty acres in ail
to each of such joint settlers: Provided, That the extended
privileges granted to pre-emptors by this act, shall not be con-
strued to deprive any other actual settler of his or her previous
and paramount right of pre-emption, or to extend to lands reserv-
pe«on.coming«d f^' ^^Y P«rpose whatcvcr.
Jlh^'^'sTJemSr^ ^ ^' "^^^ ^^ U further enacted, That all persona coming with-
id4i, enStiS to in the tenth section of the act of the fourth of September, eight-
pre-empiioD. ^^ hundred and and forty-one, entitled " An act to appropriate
the proceeds of the sales of the public lands, and to grant pre-
emption rights," shall be entitled to the right of pre-emption un-
der its provislops, notwithstanding such persons clarmtng the pre-
provito. emption shall have settled upon and improved the lands claimod
before the same were surveyed : Provided, Sucli settlements
were made before the date of the aforesaid act, and after tlie ex-
tinguishment of the Indian title. And said act shall not be so
construed as to preclude any person who may have filed a notice
of intention to claim any tract of land by pre-emption under said
act, from the right allowed by law to others to purchase the saoK
by private entry after the expiration of the right of pre-emption.
Approved, March 3d, 1843.
CHAP. 400. An act to provide, in certain cashes, for the sale of the real
estate of infants within the District of Columbia.
When a guar-
X: w^?intel^ <$» 1 . Beit enacted, 8fC., That when the guardian of any infant
MhibiTffiiTfor*'^^'' think that the interest of his or her ward will be promoted
that purpoM, by the sale of his or her real estate, or any part thereof, it shall be
lawful for such guardian to exhibit his bill for that purpose, in the
circuit court of the District of Columbia, for that county ia whidi
Biiiiwhatioaetthe real estate pjoposed, to be sold, or part thereof, shall lie. In
^""^^^ the bill so exhibited, the guardian shalf set forth, plainly and dis-
tinctly, all the estate, real ahd personal, to which such infant is
entitled, and all the facts which, in his opinion, are calculated to
^Biii,iiow wi-gjj^j^ whether .the interest of his ward will be promoted by such
anMlSSto!*^****'® or not. The bill shall be verified by the oath of the guardi-
an ; and the infant, together with those who would be heirs to the
^ Qaardian ad estate if he or she were dead, shall be made parties defendaot
poimed? ^ ^' thereto. It ^all be the duty of the court to appoint somb fit aod
Bill, how an- disinterested person to be guardian ad litem, for the infant, wko
•wered. g^^|| answer such bill on oath; the infant, also^ if above the age
of fourteen years, shall answer the bill in proper person, on oatb.
Digitized by CjOOQIC
1843 Chap. 400. 2983
^ 2. And be it further enacted, That whether the answer fopSSriTpLi-
to the plaintiffs bill admit the facts alleged or not, commissions t^o»-^t»b* award-
for taking depositions shall be awarded ; and before the court
shall have authority, under this act, to decree ,auy sale, ev-
ery fact material to ascertain the propriety of the sale shall be
proved, by clear and credible evidence, given by disinter-
ested witnesses ; depositions to be taken in the presence of
the guardian ad litem, or upon interrogatories agreed upon by
him
4 3. And be U further enacted, That if, upon hearing of ^^^73^,
the cause, it shall be proved, to the satisfaction of the court, by <«f "'•'*'^
evidence taken as aforesaid, that the interest of the infant mani-
festly requires the sale of his real estate, or any part thereof,
and the court shall be of opinion that, by such sale, the rights
of others wHl not be violated, it shall be lawful to decree such •
sale, in such manner and upon such terms of credit as the court
think right, always retaining a lien upon such estate for the pay-
ment of tlje purchase money. . „, ^ . , . p,oe«d.of«l.
4 4. And be U further enacted, That the proceed? of such J'?ST»u«d t.
sale shall be vested and applied for the benefit of the infant, ""Jj;^ f«^
either in the purchase of other real estate, or in such other man-
ner as tlie court shail think best ; but, in whatever hands the pro-
ceeds of tlie sale may be placed,the court shall require ample se-
curity that they shall be faithfully applied in such manner as the
'T 5""ind 1^ « /ttrtfter enacted. That if the infant, after p^SS-t^cJ?
such sale, shall die intestate, under the age of twenty one years, j-^th. mtot d,-
the proceeds aforesaid, or so much 4hereof as may remam oit his
death, shall be considered as real estate, and shall pass according-
ly to such person or persons as would have been entitled to the
estate sold, if it had not been sold. , , j a com, «t wit.
& 6 4nd be U further enaded, That if a sale be decreed, ^ow Jkui ^
the costs of the suit shall be paid out of the estate of the infant,
otherwise the costs shall be paid by the p\tiinuS : Provided, JM^'n^^
That in no case where a sale shall be decreed shall the guardian ^^^^^^^^^
of the said infant or infants, or the guardian ad litem, be admit-
ted a purchaser, either by himself or by another, or in any man-
npr iikhatever become the owner of the said land, during the in-
fancy of the he'ror devise ; And Provided, aUo, That no n^?}?;^,V.
IdeVany infant's real estate shall be decreed, by virtue o -^ by u.. «-.-
this net, if the testator from whom such estate is derived, shall
by his last will and testament, have expressly directed other-
wise. , „. . . . . 11 i._ :_ Act to lake ff-
*7 4nd be U further enacted. That this act shall be in re«froini»i>t«-
force from and after the passage thereof. Approved, March '3d, -<*•
1843.
Digitized by VjOOQIC
2984 1843 Chap. 401.-4(».
CHAP. 401. Ad act directing the surrey of the northern line of Che ree-
lUmmied. JM, ervatloD for the half-breeds of the Sochs and Fox tribes of Indian by
poM. ' the treaty of AugiMt one thousand eight hundred and twenty-(bar.
Boimdanr 11m $1. Bt U enocied, j^«., That the Chief Engineer cause to
Mdmiiteb^^^be'sorveyed and suitably demarked the northern boondadry line
'*^'^^ of the reservation for the use of the half-breeds of the Soch and
Fox tribes of Indians, by the treaty of the fourth of August one
thousand eight hundred and twenty:four, beginning at the point,
which at the date of said treaty was known and recognised as the .
northwest corner of the State of Missouri/ and rumring thence
due east to the river Mississippi, the section of said line lying be-
tween that stream and the river Des Moines being the northern
boundary line of said reservation. Approved, March 3d,
1843.
CHAP. 402. An act to provide for carrying into effect the treaty between
the United States and Great Britain, concluded at Washington on the
ninth day of August, one thousand eight hundred and ibrty-two.
toS'l^^^Z ^^' Beit enacted, tfC. That the commissioner to be ap-
j;j™^5« 5^ pointed on the part of the United States for the purpose of run-
|^2[tou»j6thning, tracing and marking certain parts of the boundary line be-
17 iizedaisa/uo* tween the United States and the British possessions in North
America, according to the sixth article of the treaty between the
United States and Great Britaini concluded on the ninth of ^Au-
gust, one thousand eight hundred and forty-two, shall be allowed
and paid a salary at the rate of three thousand dollars per an-
CommMoiiOTnum ; and the said commissioner may employ a clerk, who shall
«umdacierkat|^^ allowed and paid a salary at the rate of one thousand five
^J^J^^ hundred dollars per annum : Provided^ That the salaries of said
when. officers sliall not commence until they shall have been severally
ordered into service.
io^S^i^m! ^ 2- ^**^ *« further enaded. That it shall be lawful for
^pto'ed'to ^^^^ President of the United Slates to cause any one or more of
■i«t iiM eonuaSr the officers of the corps of topographical engineers, as the pub-
lic service may require, to be employed ''to aid and assist the
said commissioner in running, tracing and marking the said
line.
prSSdfortffifS: ^ ^' ^^^ *^ *' Jurther enacted. That for the payment of
of the the said salaries, and for other expenses of said commission, in-
cluding the purchase or repair of instruments, wages to persons
employed, and other contingencies, there be appropriated, out of
any money in the treasury not otherwise appropriated the sum of
fifteen thousand dolbirs.
prl^foJlKS ^ 4. And be it further enaded^ That the sum of three hun-
wtu i^^!IX^'^^^^ thousand dollars be, and the same is hereby appropriated,
itr with uieflfthout of any money in the treasury not otherwise appropMMted, to
^^^' be paid in equal moieties to the States of Maine and mbsachu-
setts, in conformity with the provision of the fifth article of the
said treaty.
Digitized by CjOOQIC
1843 Chap. 402-404. 2986
^5. And be ii further enaded, That it shall be the duty ,^j;|Uj^ji«f
of the proper officers of the treasury to audit and pay the ac-«<^i»»M»ctt forcer.
eounu of th<) States of Maine an Massachusetts for all claims for tH" iSSSSTnUi
expeoses incurred by them in protecting the heretofore dis-C^^tLrscE^SiS^
puted territory, on the northeastern frontier of the United
Stales, aod omking a survey thereof, as provided by the fifth
article of said treaty; and the sum of, not exceeding ten thou- ^J^gjf'^i^^'oB
BBod seven hundred and ninety-two dollars and ninety-five
oeats for Massachusetts, and two hundred and six thousand
nine hundred and thirty-four dollars and seventy-nine cents
for Maine, is hereby appropriated out of any money in the
treasury not otherwise appropriated, in satisfaction of the said ac-
covots.
<J 6. And be UJurther enacted^ That it shall be the duty of ^JJJJujJwopH-
the President of the United Stales, in execution of the provisions Mito i'i» S2S^
of the eighth article of said treaty, to apply so much of the na- w^utfSS^T^
val appropriations as may be necessary therefor, to the prepera-*^*'*'
lion, equipment, and maintenance of the naval force therein stip-
ulated to be employed on the coast of Africa by the United States.
Approved, March 3d, 1843.
CHAP. 403. — An act providing the means of future intercoune between Aet •t itm, «.
the United States, and ihe OovemmeQt of China. ^ '•'■ *» '• "•
^ t. BeU enadedf fyc, That the sum of forty thousand dol-
kfs be, and the same is hereby appropriated and placed at the «t u1I'52L£ImJ
dispofml of the President of the United States, to enable him <o|b!^^^ ^
establisb the future commercial relations between the United or eommerciaTra!
Suites and the Chinese empire ou terms of national equal reci- m.*"* "^^ ^^
procity ; the said sum to be accounted for by the President, in igJkSJrT******
the nsanner prescribed by the act of first of July, one thousand
seven hundred and ninety, entitled "An act providing the means
of intercourse between the United States and foreign nations ;"
Provided, That the annual compensation to any one person em- ■g^niu'^ ^^^^
ployed under this act shall not exceed the sum of nine thousand
dollars exclusive of outfit: And 4>rotnded further, That ^80^,^*^537^
agent shall be sent by virtue of this act unless he shall have been
appointed by and with the advice and consent of the Senate.
Approved, March 3d, 1843.
CHAP. 404. Ao act providing for the sale of certain lands in the States
of Ohio and Michigan, ceded by the Wyandot tribe of Indianti. and for
other purposes.
^ 1. Be it enacted, ^c, That all that tract of land in the und in oiifo.
State of Ohio, to which the Indian title wasr^xtinguisbed by aS^^^y^^v'ij
treaty with the Wyandot tribe of Indians, concluded at Upper XSSS'to'dSirtai
Sandusky, March seventeenth, eighteen hundred and forty- «"*i«Kh»UMi6d.
two, shali^ attached to, and made a part of, the consolidated
land district in which it is situated ; and that the land office for b.**;^^** ^
the said district shall be removed from Lima to the town of Up- tappet sukoikj.
per Sandusky, within the tract aforesaid, as soon as, in the judg-
Digitized by CjOOQI^^
2986 1843 Chap. 404.
men! of the President of the United States, such removal shall
be proper,
partpftheiaod ^ 2. And bc U fuiihtr tnocted. That a portion of the tract
Md^mtdM^*!^* aforesaid, including the town of Upper Sandusky, shall under
veyed, ^j^^ direction of the surveyor general, be laid off into town lots,
streets, and avenues, and into out lots, in such manner and of
such dimensions as he may judge proper: Provided^ That the
land so laid off shall not exceed in quantity six hundred and for-
ty acres, nor the town lots a quarter of an acre each, nor the out
lots exceed the quantity of two acres each ; and the residue of
the lands in the tract shall be surveyed as other public lands, in
connexion with the adjacent previous surveys.
•xtli^t u« ill!^i;i ^^' And be U further enacted. That all the public land in
***JlvJ?**b ***thJ ®^'^ tract, with the exception of the section numbered sixteen,
tn»aty,iobooff«r. in each township, which shall remain for the support of cooimoa
at pa i« M g^i^QQjg^ gj^j ^f ^i^g JQjg reserved by the provisions of the afore-
said treaty, which shall remain for the purposes therein expresM
shall, so soon as the surveys and plats of the same be returned to
the general and district land offices, be offered at public sale, at
Upper Sandusky, under the superintendence of the register of
the land office and the receiver of public moneys for the distrietat
such time as shall be designated by proclamation of the Presi-
dent of the United States ; the sales to remain open for two
weelcs, and no longer, and the lands not to be sold at public sale
nor be subject to private entry thereafter for a [irice less than
two dollars and fifty cents per acre.
- All ihe lota ex' ^ ^- ^^^ ^^ ^ further etioctedj That the town lots and out
S'Sisarf"ib?*tS '^^' directed by this act to be laid off shall, with the exception of
town^ aad^ thm four town lots, to be selected by the superintendents of the sale,
tJ^rio L of- for the use of and to be vested in the town when it shall becooie
^md at public corporate, and also of the lots reserved by the seventeenth arti-
cle of the aforesaid treaty, to remain for the uses therein provided
praviM. for, be offered at public sale at the time the other lands in the
tract are offered, and are to be subject to entry at private sale
thereafter : Provided, however. That no town lot shall be sold
to'^K'^SSid^^oI f^"" '®8* *^^" twenty dollars, nor any out lot for less than at the
F»ati of «ifvay.- fate of fifteen dollars per acre.
^ 5. And be it further enacted, That, in executing, the sur-
veys of the lands in the tract aforesaiil, the surveyor general shall
of ^tofte^r- cause the improved lands to be designated on the general plat,
SK'IrortiaS «"d ^^^ position, extent, and quality of each improvement to bc
jruue^of improve, carefully noted; and the Commissioner of the General Land Of-
fice shall cause Clie superintendents of the sales to be furnished
Lands to be of- with a copy of tljK^ schcdule of the appraised value of improve-
wf^'MV'C-inents ascertained, pursuant to the fifth article of the said treaty;
^rovomenti en. ^^ J j^ ^^y ^age, whcre the lines for subdivi9iou of sections shall
divide and injuriously affect the value of an improvttpent, the
superintendents of the sale shall be authorized, under instruction
of the commissioner of tlie General Land Office, to offer, at pub-
lic and at private sale, an entire quarter section, or half-quarter
section, and to attach together halves of two adjacent quarter sec^
Digitized by CjOOQIC
1843 Chaf. 404—406. 2987
Ions, so as to preserve, as far as practicable, the improvements imJJ5Si,JJ«?«
on a tract entire; and if, in offering at public sale any tract onj«^ ftSi«rii!ji
which improvements exist, the real value of the same, according aoieHthatrTaiua
to the estimate of the superintendents, shall not be bidden, it shall "'"•"^*«-
be their duty to withdraw the tract from sale, and the tracts thus
withdrawn from sale shall a^ain be offered at public sale, due
public notice first being given, when directed by the Commission- Ltnd* lo wt-
er of the General Land Office. Mtwi'TIJ'C
6. And be U further enacted, That all the lands in the f^jy'jjj^'!^^^ ^«Jj
Wyandot reserve, on both sides of the river Huron in the ^State jj^ for 'i^,
of Michigan, ceded to the United States by the aforesaid treaty,
sbaH be attached to and made a part of the district of lands stib-
ject to sale at Detroit ; and shall be offered for sale at the land
office, in the same manner, both as to public and private «ale, as
is directed for the sale of the lands of the reserve in the State of p^^.^^
Ohio by this act : Providedy That the land shall not be sold for
less than two dollars per acre. Appravedy March dd, 1 843.
CHAP. 405— An act to ^x the value of certain foreign money of account gj^^^^*®^**
in computations at the custom-houses'.
^1. Beit enacted, ^c, That in all computations of the val.ca^~**,j5!?j;
ueof foreign moneys of account at the custom houses, of tlie^"jj|«yjj'^a^*^^jj
United States, the thaler of Prussia shall be deemed and taken ca«tom houm.
to be of the value of sixty-eight and one-half cents; the mii-reis
of Portugal shall be deemed and taken to be of the value of one
hundred and twelve cents; the rix dollar of Bremen shall be
deemed and taken to be of the value of seventy-eight and three
quarter cents ; the thaler of Bremen, of seventy-two grotes, shall
be deemed and taken to be of the value of seventy-one cents ;
that the mil-reis of Madeira shall be deemed and taken . to be of
the value of one hundred cents; the mil-reis of the Azores shall
be deemed and taken to be of the value of eighty-thre&and one
third cents ; the marc-banco of Hamburg shall be deemed and
taken to be of the value of thirty-five cents ; the rouble of Rus-
sia shall be deemed and taken to be of the value of seventy-five
cents ; the rupee of British India shall be deemed and taken to he
of the value of forty-four and one halfcerfts; and all former
lamrs inconsistent herewith are hereby repealed.
Approved, March 3d, 1843.
CHAP. 406. — An aotaathorizing an examination and survey of the har-
bor of Memphis, in Tennessee.
^ I. BeU enacted, fyc. That the Secretary of the Navy be, Exammaiioo
aod be is hereby, aathorized to cause to be made an exammation nadewiUiaTiew
andsarvey of the harbor of Memphis, in the a||te of Tennessee, !l^ot%r^M'ai
in refereoee to the expediency of establishin^a naval depot and ^^'
yard for the building and repairing steam ships and other vessels
of war at that phice, and that he report to Congress the result of
•och examination and survey ; and that the sum of three thou-
sand dollars be, and the same is hereby, appropriated, out of any thei^?orT ^^
moneys in the treasury unappropriated, to defray the expenses of
Biieh enmioation and survey. Approved, March 8d, 1843.
Digitized by CjOOQIC
2968 1843 Chap. 40?^.
» Aec ef 18^. CHAP. 407.— Ao act to modify the act eotitied ^ An act to provide for die
Ml, wM«p better security of the lives of passengers on board of vessels propelled
m whole or in part, by steam," approved July seventh, eighteen hnodred
and thirty-eight
vmhIs proHM ^ !• Beit enacted^ Sfc.^ That etery boat or vessel which exis-
^ubd^iih acting lawB require to be registered, ai^l which is propelled in whole
^^l^jamtivi^ in part by steam, shall be provided with such additional appa^
atus or means as, in the opinion of the inspector of steamboats,
shall be requisite to steer the boat or vessel, to be located in sacli^
part of the boat or vessel as the inspector may deem best to ena-
ble the officers and crew to steer and control the boat or vessel,
in case the pilot or man at the wheel is driven from the same bj
fire ; and no boat or vessel, exclusively propelled by steam, shall
be registered, after the passage of this act, unless the owner, mas-
ter, or other proper person, shall file with the collector or other
proper officer the certificate of the inspector, stating that suitable
means have been provided to steer the boat or vessel, in case the
pilot or man at the wheel is driven therefrom by fire. ,
wwTS wSiJ '^ ^- ^^ ** ^ further enacted. That it shall be lawful in all
jKt StfoTma^ vessels or boats propelled in whole or in part by steam, and
^ - *uSi which shall be provided with additional apparatus or means to
steer the same, as required by the first section of this act, to use
wheel or tiller ropes, composed of hemp or other good and stiffi-
cient material, around the barrel or axle of the wheel, and to a
distance not exceeding twenty-two feet therefrom, and also in
connecting the tiller or rudder yoke with iron rods or chains used
for working the rudder : Provided, That no more rope for thti
purpose shall be used than is sufficient to extend from the connec-
ting points of the tiller or rudder yoke placed in any working
position beyond the nearest blocks or rollers, and give sufRcient
FartiMr prariflo. P'^y ^^ ^^^^ ^^^ TOpcs on such blocks or rollcrs : Andpraoidei
further. That thefe shall be chains extending the whole distance
of the ropes so connected with the tiller or rudder yoke, and at-
tached or fastened to the tiller or rudder yoke, and the iron chains
or rods extending towards the wheel, in such manner as will take
immediate effect, ai^d work the rudder in case the ropes are burnt
or otherwise rendered useless.
vnS^hruil ^ 3. And be it further enacted, That the master and owner,
pl^u!? MM^^"^ ^" others interested in vessels navigating Lakes Champlain,
JJ^5JJ^»«^^2; Ontario, Erie, Huron, Superior, and Michigan, or any of them,
M^M, Jbo/norand which are propelled by sails and Erickson's propeller, and
more tbao <»• „g^ J exclusivcly in carrying freight, shall from and after the psi-
sage of this act be exempt from liability or fine lor failing to pro-
vide, as a part of the necessary furniture of such vessel, a s«e-
tion hose and fire engine and hose suitable to be worked on rack
vessel in case of fire, or more than one long boat or yawl.
PtocMdia«nm. 4. And be it further enacted, That it shall be ikwhl for the
or1lih*U^«M court before which any suit, tnformation or iodictmeniisorslttil
Ilfi^'to^ifo! be pending for the violation, before the passage of this act, of so
'SUtin^ ^^ much of the ninth section of the act aforesaid as requires ^* ibat
iron rods or chains shall be employed and used in the otfi^itMNi
Digitized by CjOOQIC
• 1843 Chap. 407— 4oa 2983
of all steamboats, instead of wheel and tiller ropes/' to order
such suit, iDfornmtion or indictment to be discontinued, on such
terms as to costs as the court shall judge to be just and reasona-
ble : Provided, That the defendant or defendants in sucli prose- piotIm.
cotion shall cause it to appear, by affidavit or otherwise, to the
satisfaciion of the court, that he or they had failed to use iron
rods or chains in the navigation of his or their boat or boats, from
a well-grounded apprehension that such rods or chains could not
be employed for the purpose aforesaid with safety.
<^ 5. And be U further enactedf That in execution of the Experimenu i
authority vested in him by the second section of the joint reso-\5{J,^ UM»«lISt
hiiioa *' authorizing experimetits to be made for the purpose of t^« *^[1^^J!'J
testing Samuel Colt's sub-marine battery and for other purposes," »uihorUo<J''
approred August thirty- first one thousand eight hundred and for-
ty-tivo, the Secretary of the Navy shall appoint a board of ex-
aflsiners, consisting of three persons, of thorough knowledge as
to the structure and use of the steam engine, whose duty it shall
be to make experimental trials of such inventions and plans de-
signed to prevent the explosion of steam boilers and collapsing of
flues as they may deem worthy of examination, and report the
result of their experiments, with an expression of their opinion
as to the relative merits and efficacy of such inventions and plans,
which report the Secretary shall cause to be laid before Congress,
at its next session. It shall also be the duty of said examiners
to examine and report the relative strength of copper and iron
boilers of equal thickness, and what amount of steam to the
square inch when sound is capable of working with safety ; and
whether hydrostatic pressure, or what other plan is best for test-
ing the strength of boilers under the inspection laws ; and what
limitations as to the force or pressure of steam to the square inch,
in proportion to the aseertained capacity of a boiler to resist, it
would be proper to establish by law for the more certain preven-
tion of explosions.
^ 6. And be it further enacted. That so much of the act PartoraetTih
aforesaid as is inconsistent with the provisions of this act shall be,^d[;d/^' ^
and the same is hereby, repealed. Approned, March 3d, 1843.
CHAP. 408. — Au act in relation to the exemplifioations of the records of ^c^ of is
land pateau and other evidences of title, and amendatory of the act en-^^^^*^*^
tided '^ An act to reorganize the General Land Office.
^ I. Be it enacted, fyc, That literal exemplifications of any LiMiai exenipii-
aach records which have been or may be granted in virtue of the ^Mi uT Vis ^
fM'Ovisions of the seventh section of the act, approved on theiJ^^^I^'^'^J;
foarth day of July, eighteen hundred and thttly-six, entitled «< Anwiitieoinfnii.
act to re-organize the General Land Office," shall be deemed and
held to be of the same validity in all proceedings whether at law,
or in equity, wherein such exemplifications are adduced in evi-
dence, as if the names of thS officers signing and countersigning
the same, had been folly inserted in such record.
^ 2. And be it further enacted, That exemplifications granted
in purfiiance of the aforesaid section of the act aforesaid, of any u,M'*3^il«r?»;.i.
Digitized by CjOOQIC
2990 1843 Chap. 408— 410.
.&e. to^bo^ "wiih w<^fi'Aii^ survey, assignment^ and other evidenoea coaipriaiog thg
^'oITfUi!.^ entire muniments of title, whereon any patent has l^een based
for lands granted by the United States in the aforesaid Vi^aia
military land district or elsewhere, shall be, and are hereby, de-
clared and held as of equal validity with the original patent, war-
rant survey, assignment^ or other evidence of title, on file in said
office. Approved^ March 3d, 1843.
CHAP. 410. — An act to provide for holding circuit courts at WilliamBport
in the western district of Pennsylvania.
Aeu YMtinff ^ I. BeU enaciedy SfCy That so much of any act or acts of
dlnHot^urt M Congress as vest in the district court of the United States for the
wmi«m«port re- ^^^3^^^^ district of Pennsylvania holding its sessions at Wil-
liamsport the power and jurisdiction of a circuit court be^and the
cirruit cooru ^ijqq ig hereby repealed ; and there shall hereafter be circuit eonrli
to b« held on »»t.ii. ^"^ ', i.t**. r r 11 1*1
third Moadayiofheld at W illiamsport on the third Mondays of June and the tiurd
jono and Sep- fyj^^j^jj^yg ^f September in each year by the associate justice o£
the Supreme Court who now is or shall hereafter be allotted to.
the circuit in which said district is situated and the district judge
of the western district of Pennsylvania, either of whom shall coo-
stitute a quorum ; which circuit court and the judges thereof shall
have like powers and exercise like jurisdiction as other circail
courts and the judges thereof, and the said district court and the
judge thereof shall have like powers and exercise like jurisdiction
as the district courts and the judges thereof, in t^e other cir-
cuits.
Proe««dinffi, <^ 2. Andi}e it further enactedy That all actions, suits, proa*
S!IE^UMart!now ecutioHs, causes, pleas, process and other proceedings, relative to
triofwurt,* uallr any cause, civil or criminal, (which might have been brought,
fernd. ^^^ could have been originally cc^nizable in a circuit court) now.
pending in or returnable to the said district court of the United
States for the western district of Pennsylvania held at Williains-
. port, acting as a circuit court on the first day of April next shall
be and are hereby declared to be, respectively transferred, return-
able and continued to the said circuit court constituted t^ this
act to be holden at Williamsport within the said district; and
shall be heard, tried, and determined therein, in the same man-
ner as if originally brought, entered, prosecuted or had, in such
circuit court. And the said circuit court shall be governed by
the same laws and regulations as apply to the other circuit courts
of the United States ; and the clerk of the said court shall per-
form the same duties ahd shall be entitled to receive the same
fees and emoluments, which are by law esti^iished for the
clerks of the other eji'cuit courts of the United States.
Approved^ March 3^1, 1843.
CHAP. 411. — An act to amend the laws regulating imprisonment for debt
within the District of Columbia.
sJ^rii^^''^^ ^ 1. £e i^ enactedy Sfc*^ That from and- after the passage of
•Tdgmmt f^m this act, nothing in the third seotioa of the act entitled ^^ An act
^E^'fu'XnTa.'to amend the laws within the District of Columbia," appioved
Digitized by CjOOQIC-
1843 Chap. 410. 2991
June twenty-fcMirth, one thousand eight hundred and tweke, shall JjJ^J*^ y®*f 'jj*'
be so construed as to authorize the recommitment to close jail M> ^Bfi»«uy
and confinememt, or to deny the benefit of the prison rules to "^''*
any person im'prisoned within the prison bounds of any prison
withtQ the said District for debt, being charges in execution issu-
ed upon a judgment from which an appeal has been taken and
remains undecided, or upon which any writ of error has been
flued out and is depending and not finally disposed of, until one
year from and after the day upon which every such appeal from,
or writ of error upon, such judgment shall have been finally dis-
posed of, and the judgment shall thus have become final and
conclusive; but every person so imprisoned within the said Dis-
trict for debt, upon an execution issued upon any judgment thus
situated, shall be entitled to the prison rules and to the limits of
the liberties of th« jail, or prison, to which he may have been, or
may be, so commiited, until the expiration of one year from and
after the day of the final decision upon,and termination of,any such
appeal, or writ of error, or any other proceeding at law or in
equity, by whatever term designated, having for its object a re-
view or reversal of the judgment upon which such debtor is, or
may be, charged in execution : Provided, always. That every 'wiw.
«ucb debtor now in prison within the said District, shall, before
the expiration of the bond under which he is now permitted to
go at large within the prison bounds, execute and deliver to the
marshal, or sheriff, or other officer to whose custody he has been
Cbas committed, a new bond, with good and sufficient sureties,
in the penalty of twice the amount of the judgment upon which
he is charged in execution, and conjiitioned that he will remain a
true and faithful prisoner within the bounds of the prison to
which he has been committed, and will not depart thence tintil
discharged therefrom by due course of law ; and every debtor
hereafter to be committed within the said District, charged in ex-
ecution for debt under the circumstances provided for in this act
8hall,before being entitled to the prison rules as hereinbefore pro-
vided cause to be executed and deliver to the marshal, or sheriff, or
other proper officer, a like bond with sureties, in alike penalty, and
with a like condition.
^ 2. And be U further enacted, That it sliall not be lawful, bo'^BadT^rtil;
in any manner, nor by vatue of any law now existing, as to any l[^l »'"'"
prisoner now in confinement under circumstances such as are
contemplated and provided for by the first section of this act, or
as to any person who may hereafter be confined under such cir-
eumstances, to make any alteration in the prison bounds as they
existed and were marked and laid out wh^i^uch prisoner was
eommitted upon* the execution under which^>ne remains charged,
but the limits of the liberties of his prison shall, to every such ,q ^e. act na
J>ri80iler, be what they were at the time of his commitment ; and JJal^Jf iiS Jn'
the sixteenth section of the act entitled '' An act for the relief of debtoti.madixij.
insolvent debtors within the District of Columbia,^' approved
March the third, one thousand eight hundred and three, shall be,
Digitized by CjOOQIC
2992 1843 Chap. 411—413.
and the same is hereby, so far modified as to conform to the pro-
visions of this section of this act.
Femaief not to ^ 3. And bc it fuftker enactedy .That no female shall be im-
bo impriMMied. poisoned for debt upon mesne or final process.
Approved, March, 3d, 1843.
CHAP. 412. — An aet to authorize the election or appointent of offieen in
the Territory of Wisconnn.
Loritiatwo Ai- ^ I. Beit eriactedy fyc, That the Legislative Assembly of the
tolritJprorkie for Territory of Wisconsin shall be, and are hereby, authorized to
ip^htalSo^ Sf provide, by law, for the election or appointment of sherifTsJadg-
caruin offieen. ^^ ^f probate, jusliccs of tiic pcacc, and county surveyors, within
the said Territory, in such way or manner, and at such times
and places as to them may seem proper ; -and after a law shall
have been passed by the Legislative Assembly for that purpose,
all elections or appointments of the above-named ofllicers', there-
after to be had or made, will be in pursuance of such law.
Tenn oraemee ^ 2. And be it fuTthef cnocted. That the members of both
?hi*^E^Iuuye houses of the said Legislative Assembly of the Territory of Wis-
Aaaambij. consiu, shall upott the expiration of the terms of service for
which the present members have been elected be hereafter elect-
ed to serve for the same terms of service as that for which the
members of the Legislative Assembly in Iowa are now elected.
Approved, March 3rf, 1843,
CHAP. 413. An act making appropriations for the civil and 'dipiomatJo
expenses of Government for the fiscal year ending the thirtieth day of
June eighteen hundred and forly-foup.
^ \. Be it enacted, fyc. That the following sums be. and
hereby are, appropriated to the objects hereinafter expressed, for
the fiscal year ending on thirtieth of June, one thousand eight
hundred and forty-four, to be paid out of any unapproprinted
money in the treasury, namely :
coMt aanray. For survcy of the coast of the United States, including coni*
pensation of superintendent and assistants, one hundred thousand
ProTiai relative dollars : Provxded, That this and all other appropriations here*
rjinfit^.^r'' after to be made for this work, shall, until otherwise provided by
law, be expended in accordance with a plan of reoi^niziog the
mode of executing the survey to be submitted to the President
of the United States by a board of officers which shall be oi]^d-
ized by him, to consist of the present superintendent, his two
principal assistants, and the two naval officers now in chaige of
the hydrographical parties, and four from among the principal
officers of the corps of topographical engineers ; none of whom
shall receive any additional compensation whatever for this ser-
vice, and who shall sit as soon as organized. And the President
•f the United States shall adopt and' carry into effect the plan of
said board, as agreed upon by a majority of its membeis ; and
the plan of said board shall cause to be employed as many offi-
cers of the army and navy of the United States as will be com-
Digitized by CjOOQIC
1843 Chap. 413—414. 2993
p&tible with the successful prosecution of the work ; the officers
of' the navy to be employed on the hydrographical parts, and the
officers of the arniy on the topographical parts, of the work ; aad
no officer of the army or navy shall hereafter receive any extra
pay out of this, or any future appropriations for surveys.
For the third volume of the Documentary History of the
American Revolution, twenty-seven thousand six hundred and
fifty dollars: Provided^ That the whole work, when completed,
shall not exceed twenty volumes, and that the whole cost of the
entire work shall not exceed twenty thousand four hundred dol*-
lars per volume : Provided, also, That the materials which shall
compose each successive volume, shall, before any appropriation
is hereafter made for the cost of the same, be submitted to, and
approved by, the Secretary of State for the time being : And
provided cdso, That the parties who stipulated, by articles of
agreement dated the nineteenth day of March, one thousand
eight hundred and thirty-three, to publish the *' Documentary
History of the American Revolution," shall, within ten days
from the passage of this act, deliver to the Secretary of State a
written agreement, to be by him accepted and approved, adopt-
ing as part of the said original articles the restrictions and limita-
tions in these provisoes contained, and making the same legally
binding and operative, as portions of the said original articles, in
all respects as if they had been in terms incorporated into the
same.
For mail depredations and special agents, twenty-eight thou- D»prad«uoii«
sand dollars : Provided, That no special or traveling Post Office ^u, ■*^'**
agent shall receive a higher compensation than one thousand two ^^^'^
hundred and fifty dollars per annutn, and in addition thereto,
two dollars per day for his traveling expenses.
^ 2. And be U further enacted. That in case the sum ^^^^ ^^
appropriated for any object of contingencies, should be found mrpiuitppropri.
more than sufficient to meet the expense thereby contemplated, ^ T*'
the surplus may be applied under the direction of the head of
the proper department, to supply the deficiency of any other
item in the same department or office : Provided, That the ex- ^ro^^.
penditure for newspapers and periodicals shall not exceed the
amount specifically appropriated to that object by this act, ex-
cept in the State Departniient. Approved, March 3d, 1843.
CHAP. 414. An act for the relief of the Stockbridge tribe of Indians, in
the Territory, of Wiskonsan.
^1. Be it enacted, ^c, That the township of land contain- Jthj, *^^
ing twenty-three thousand and forty acres, (orJBhatever quantity for "he'^stook.
DOW remains to them,) lying on the east side orWinnebago lake^^b* diridS
in the Territory of Wiskonsan, which by the proviso of a treaty ^^ ^^ ^
made with the Menomonie Indians on.the seventeenth day of Feb- ^^^*
ruary, in the year eighteen hundred and thirty one, and ratified on
the ninth day of July, eighteen hundred and thirty-two, was re-
served for the use of the Stockbridge tribe of Indians, and which
by a subsequent treaty with the Menomonie tribe, bearing date
Digitized by CjOOQIC
2994 1843 Chap. 414.
iweniy-sevenih October, eighteen hundred and thtrly-4wo» and
ratified thirteenth March, eighteen handred and Ihirtjr-ibree, waa
further secured to the said Stockbridge tribe of Iiidiansy may be
partitioned and divided among the different individuals compo-
sing said tribe of Stockbridge Indiana, and may be held by them
separately and severally, in fee aimp^e, after such divttioB ahall
have been made in the manner hereinafter mentioned.
^ 2. And be it further enaded, That, for the purpose of
making partition and division of said lands among the tndividtt-
als of said tribe of Stockbridge Indians, a board of commissioD<-
Five or thecrs shall be constituted, to consist of five of the principal or head
Eoi,Suir*iS«Jd'n«n of said tribe, a majority of whom shall co/istitate a quorum
ofconimii«iori«rtiQ jo busincss, whoso duiy it shall be to make a just and fair
•foITi! ' partition and division of said lands among the members of aakl
tribe, or among such of them as, by the laws and customs and
regulations of said tribe, are entitled to the same, and in sach
proportions and in such manner as shall be consistent with eqai'-
ty and justice, and in accordance with the existing laws, cmrtMitf,
usages, or agreements of saiS tribe.
BfAiiMr or ^ 3. And be U further enacted^ That, for the purpose of
lltJitoir^ ***" electing or choosing said board of commissioners, a meeting of
said tribe shall be held at their church or principal public plaee,
on the reservation of land aforesaid, on the first Monday in April,
eighteen hundred and forty-three, at which all the male members
of said tribe over the age of twenty-one years shall be allow#i to
vote for such commissioners ; and the said five commissioners
shall then and there be elected or chosen by the said tribe, by a
majority of the whole number of such voters then present. And
the judge of the district in which said lands are situated (or, in
his absence, the register of the land office at Oreen Bay, or the
commanding oflicer of the United States troops at Fort Howard)
shall attend at the time and place aforesaid, and preside at said
meeting, superintend the said election, and see that the proceed-
mgs are fairly conducted. And the said presiding ofiicer may,
in his discretion, prescribe whether the said election shall be by
ballot or viva voce, and shall, in other respects, cause the proceed-
ings to be conducted in such a manner as to ensure a fair and
proper choice or election ; and after the said eommissioners shall
have been so chosen or elected, the said nresiding ofiicer shall
immediately certify that fact, setting forth tne names of the com-
missioners who shall be elected, and shall make two cofNOS of
said certificate, one of which he shall file in the office of the reg-
ister of tfie land district at Green Bay, and the other he skall
transmit by mail |^ the President of the United States.
..^^•^ ^Saii'ta ^ 4- ^^^ *« tV further enaeted, That after the said commitf^
sioners shall have been elected or chosen as aboTo prescribed, and
as soon thereafter as conveniently may be, they shall proceed to
make partition and division of all the lands aforesaid, among the'
individual members of said tribe, or among such of them as, by
the laws, customs, usages, or agreements of said tribe, are justly
Digitized by CjOOQIC
1843 Chap. 414. 2996
tethled to the ramei and is such w«y and manner, and upon such
priiieipiet> and in Boeb proportions, as shall be agreeable to equi-
ty and justice, and consistent with the laws, usages, customs,
and agreements of said tribe: Provided^ hovo^oer^ That the proTiM.
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
depfived of the improvement? or land which they now occupy,
unless it shall be found by the said conomissioners that such per-
son or persons are in possession of and oooopying more land than
they are justly entitled to, and then the overplus may be appor-
tioned to others.
% S. And be it fwrther enacted, That after the said commis- ^^ ^XiTI^"
sioners shall have made such partition and division as aforesaid, ?„ ^^•^'tjJT'^Jj;
they shall make, or cause to be made, a full report of their pro-
oeedings in the premises, setting forth the name of each person
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 and partitions aforesaid ;
which report and map, or a true copy thereof, shall be deposited
with the town clerk of said tribe, on or before -the first day of
luly, eighteen hundred and forty-three, and shall remain open
for inspection to all for the space of twenty days thereafter ; and Mode o( pro.
if any member or members of said tribe shall object to the parti- JHf^Jfj^'^^i;;)!^
tion or division so made by the said commissioners, or shall deem ""^urfieuifi.
himself or theoMelves aggrieved thereby, he or they may, within '
t^ days thereafter, give notice thereof to the said commissioners,
who shall within twenty days thereafter meet to hear and deter-
mine such grievances, and take testimony, if necessary, and, after
sttoh hearing, shall have power to alter or modify such partition,
if, in their judgment, any alteration or modification is necessary,
in order to do equal and exact justice to all parties interested.
^ 6. And be U further enacted. That, after the said report rJ^^'lS^'^^o
shall be finally completed, the commissioners shall cause three SL^J^^bi^
&ir copies of the said report, and of the map accompanying the
same, as finally agreed upon and settled, to be made and signed
by said commissioners, one copy of which shall be deposited in
the office of the Secretary of said Territory, one copy in the of-
fioe of the clerk of the county within which said lands are situat-
ed, and the other shall be transmitted to thei#re8ident of the iJ^"^ ^ ^
United States, who shall thereupon 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 land in fee simple^ to themselves
and their heirs and assigns.
^ 7. And be itjwrther enacted^ That the said report and map
Digitized by CjOOQIC
2996 . 1843- — Chap. 414— 416.
ih?"?JjlIrt\Dd?'»alI be filed wiih the Secretary of said Territory^ and in Oie
th? !!^io^M^ ^'^'^'^'^ office of said county, and shall also, be transmitted to (he
tiM,^tob?^ni'!^ President, on or before the first day of January, eighteen hundred
j!auu7^844{ if- and forty-four ; and, .after the same shall .have been filed and
kTdiaiurihliii ^b! transmitted to the President as aforesaid, the said Stockbridge
uniSd'suL **** ^^^^ ^^ Indians, and each and every of them, shall then be deem-
ed to be, and from that time forth are hereby declared to be,
citizens of the United States, to all intents and purposes, and
shall be entitled to all the rights, privileges, and immunities of
such citizens, and shall, in all respepts, be subject to the laws of
the United States and of the Territory of Wiskonsan, io the
same manner as other citizens of said Territory ; and the juris-
diction of the United States and of said Territory shall be ex-
tended over the said township or reservation now held by them,
in the same manner as over other parts of said Territory ; and
their rights as a tribe or nation, and their power of making or
executing their own laws, usages, or customs, as such tribe, shall
.Proviio : In- cease and determine : Provided^ however ^ That nothing in this
onl^imnSiael!! act Contained shall be so construed as to deprive them of the
right to any annuity now due to them from the State of New
York or the United States, l^ut they shall be entitled to receive,
any such annuity, in the same manner as though this act had not
been passed. Approved^ March 3d, 1843.
CHAP. 415. An act granting a pension to certain revolutionary Goldiers.
uu'Jilid^i^Mn- ^l. Be U enacted^ fyc. That the widow of any person who
uiiMd for ooa ag,.ygd in the war of the Revolution in the manner set forth in the
act approved the seventh day of June, eighteen hundred and thirty-
i« *^o*!V*«7i' ^^^' entitled "An act supplementary to the act for the relief of
'*** certain surviving officers and- soldiers of the Revolution'' and
Act of 1838, c. whose widow, in virtue of an act approved the seventh day of July,
i99,anup.9733.^jgj^^g^jj huudrcd aud thirty eight, entitled "An act granting half
pay and pensions to certain widows," and an ad approved the
twenty-third day of August, eighteen' hundred and forty-two,
Aet of is« c *"^®'*^**^^''y thereof, and a resolution approved the sixteenth day
ii6.''aatop.9ib7.of August, eighteen hundred and forty-two, entitled "A r^a-
tion declarative of the pension act of July seventh, eighteen httn-
dred and thirty-eight," received or is entitled to an annuity or pen-
sion for the term of five years from the fourth of March, eighteen
,.Bf»»'>2«». hundred and thirty-six, shall be entitled to receive the same an-
1843. no. 8 ftnto p. , i_» i l • j • -• i «
9906. . nuity or pension which she received, or is entitled to receive, oo-
i(4°i2tV"** *' der said acts or said resolution, or either of them, for and daring
the further term of one year from the fourth day of March, eigh-
teen hundred ami forty-three, or during such portion of said term
as said widow shall survive, subject in all respects, however, to
the rules, limitations, and conditions, in an by said acts and reso-
lutions made and provided.
nSd^uIiSSr' ^ ^* "^^^ ^^ *' further enacted^ That the sum of three hun-
pn eroor. ^^^^ ^^^ eighty thoussud dollars be, and the same is hereby ap-
propriated, out of any money in the treasury not otherwise appro-
Digitized by CjOOQIC
1843 Chap. 416—45?: 8997
priatedy to pay the annuities or pensions in and by this act grant-
ed. Approved, March 3d, 1343.
CHAP. 416. An act further to continue in force the act for the payment g,^** ^'^. c
of horses and other property lost in the military service of the United sssi. ' ^*
States.
§ }. BeU enacted, fyc*. That the act entitled <^ An act to pro-
vide for the payment of horses and other property lost in the okiU^^^^^^ ^•
itary service of the United States," approved on the eighteenth ttoJed for vHi
day of January, eighteen hundred and thirty-seven, and which ^*^'
has been continued in force unti] the end of the present session
of Congress, be, and the same is hereby, continued in force for
two years from and after the end of the present session of Con-
gress. Provided, That at the end of the last aforesaid term of bafiS^lKi^iiS!
two years, all claims intended to be provided for by said act, shall
be forever barred and irrecoverable before any tribunal whatever.
ProMed further i That in making proof of the loss of a horse, p^^^ ^^^
under the provisions of the aforesaid act, for want of forage, the tiT« to the proSr
additional proof of hard service connected therewith, shall not fwmfofV!!^.
be construed to invalidate the proof of such loss by reason of the
failure of the Government to furnish forage, the proof of want of
forage being satisfactory. Approved, March 3d, 1843.
CHAP. 453. An act supplemental to the act of twenty-fourth May, one *
thousand eight hundred and twenty-eight, to continue a copy-right to
John Rowiett.
^ I. Beit enacted, SfC. That the copy-right of John Rowiett,
of Philadelphia, as author of a useful book, called Rowlett's Tables Ro^fi^fTabC
of Discount and Interest, the title whereof was deposited, on the jJtilSrtStiJdJj
fourth day of February, A. D. one thousand eight hundred and ^^ ymn.
two, in the office of the clerk of the district court of the United
States for the district of Pennsylvania, which copy-right was con-
tinued by act of Congress dated the twenty-fourth of May, A. D.
one thousand eight hundred and twenty-eight, be, and the said
copyright of John Rowiett, is hereby prolonged and continued
forward during the term of fourteen years, to begin from and at
the fourth of February, A. D. one thousand eight hundred and
forty-four, with all rights, remedies, and privileges, coi^erred
by copyright, by any law of the United States, including all im-
provements and enlargements of the said book thereto made
at any till the present time, by the said John Rowiett: Provided^
That within two months next after the passage of this act he ^"''""''
shall in all things, comply with the. provisions of the laws con-
cerning copyrights, as to recording, publishiiy;, depositing, and
otherwise manifesting his said copyright, in his original work, and
all subsequent improvements and enhrgements, or other changes
thereof whatever. Approved^ March 3d, 1843.
47
Digitized by CjOOQ IC
JJ998 1843 — >— RBsoLtJxroNs, 1—?,
RESOLUTIONS.
'fNo. 1.] Joint reslution for the distribution of catalogues of the library of
Congress.
Resolved by the Senate and House of Representatives of the
Dittiiimuoii. United Slates of America in Congress assembledy That of
the copies of the Catalogue of the Library .of Congress last pab-
lished, now rcniaining on hand, there be distribated by the libra-
rian one copy to each of the colleges and oniversities in the Uni-
ted States that has not already been furnished with the same and
to each person entitled to the use of the library.
Approved, January 20IA, 1843.
[No. 2.] Joint resolution to establish agencies for water-rotted hemp.
AgmeiM to iM Rtsclved, ^c, That the Secretary of the Navy be, and he is
MtabUiihttd in hereby, authorized to establish an agency in the State of Ken-
Mknour J ^ tocky, and an agency in the State of Missouri, for the inspection,
test, and purchase of water-rotted hemp for the use of the Amer-
PraviM. ican navy : Provided, That domestic hemp shall not cost more
than foreign hemp of the same quality in the seaport towns of the
United States. Approved, February \Slh, 1843.
[No. 3. J A resolution for the distribution of certain copies of the Oensifli
returns and of the Compendium of the Snth Census.
Dittribotioo ot Resolved, S^c, That of the extra copies of the Census returns
for eighteen hundred and forty, and of the Compendium of the
said Census now remaining on hand, there be retained until fur-
therd order two hundred copies of each ; and that the residue of
said Census returns and Compendium there be distributed, in
the same manner as the laws of Congress are distributed, two
hundred and fifty copies of each to the Secretary of State for
his department and for distribution, in like manner by him, to
ministers and diplomatic agents of this Government and of Tor-
cign Governments, and to universities, colleges, and literary in-
stitutions now entitled to receive congressional documents, print-
ed by order of either House, allowing one copy of each work to
each ; that the said Secretary rn like manner distribute of said
residue to the Library of Congress the same number of copies of
each as it is entitled to receive of said congressional documents,
and for the same purposes ; to the library of the Senate three
copies of each work ; to the library of the House of Represen-
tatives three copies of each work ; to every other department,
bureau, public oflSce or officer now entitled to receive congres-
sional documents as aforesaid, one copy of each work, for preser-
vation in such department, bureau or office ; to every other per-
son, body politic and functionary now entitled to receive con-
gressional documents as aforesaid, cne copy of each work ; and
that the Secretary of State distribute the remaining copies of
each work aforesaid to the several States, Territories, and Dis-
IN filth Ceuaa.
Digitized by CjOOQIC
1B43 Resolutions, 5—6. 2999
DitUiboUoo of
trict of Columbim in proportion to their respective population, in
tlie same manner as the laws of Congress are apportioned and .,„^.^^^^ ^
distributed ; and that the extra copies of each Census taken be- anirnkM cw^
fore eighteen hundred and forty, all over fifty copies (if so many *~'
remain on hand) be distributed to said States, (Territories and
District in like proportion and in like manner.
Approved, February 24^A, 1843.
[No. 4.] Joint resolution directing certain papers relating to titles to land
. • in Louisiana, to be returned to the General Land Office.
Eisolved, ^.', That the Secretary of the Senate and the to^*",i"^^2
Clerk of the House of Representatives be, and they are hereby, gj^"'"* *^**
instructed to furnish to the Commissioner of the General land
office, the original reports from the several Land Offices in the
State of Louisiana, made under the provisions of an act entitled
" An act for the final adjustment of claims to land in the State
of Louisiana," approved February sixth, one thousand eight hun-
dred and thirty-five ; also the title papers and evidence relating
to claims in said reports, confirmed by an act entitled " An act
confirming land claims in Louisiana, approved July sixth, one
thousand eight hundred and forty-two : Provided, That claim- '"•'^
ants shall be entitled to withdraw their original title-papers after
fair copies shall have been taken by the Commissioner of the
General Land Office. Approved, March 3d, 1843.
[No. 6.] Joint resolution, in relation to certain property purchased for the
United States in the city of Detroit.
Resolved, 4*c. That the Secretary of the Treasury shall have oMate'Snk^
charge of the banking house, with the appurtenances, late of *ho M«e^»«^j^*^o^^
Bank of Michigan, situate in the city of Detroit, in the State ofto;i8iatM«>an.,
Michigan, purchased for the United States by direction of the iKtr^,^^^ ^
Solicitor of the Treasury ; and he shall have power to set apart
the said premises for the use of the courts of the United States,
the officers of such coorts, and the post office in the said city of
Detroit, and for such other public uses as he may judge to be ex-
pedient and proper, until the further order of Congress in the
premises. Approved, March 3d, 1843.
£No. 6J Joint resolution for continuing an additional clerk in the Second
Auditor's ofBce.
Resolved, ^c. That the provision contained in the act of ckrkmodiorhmi
twenty-sixth August, one thousand eight hundred and forty-two, ^IJ^^ ^, ^\
" legalizing and making appropriations for such necessary ob- ^'""^^
jects as have been usually included in the general appropriation
bills without other authority of law, and for other purposes," for
one additional clerk in tlie Second Auditor's oflSce at one thou-
sand dollars, be, and the same is, continued until the thirtieth
day of June, one thousand eight hundred and forty-four.
Approved, March 3d, 1843.
Digitized by CjOOQIC
3000 1843 Resolutions, 7.
[No. 7.] Joint reaolutioa relating to'patentefor bounty landa;^
ModAoriMoios Resolved, ^c. That in all teases where an officer or soldier of
i«teot8 to tiM the revolutionary war, or a soldier of the last war, was entitled to
Mttiied to^uDty bounty land, has died before obtaining a patent for the land,
'^°^'' and where application is made by a part only of the heirs of
such deceased officer or soldier for such bounty land, it shall be
the duty of the proper officers of the War Department to issue
the warrant or patent in the name of the heirs of such deceased
officer or soldier, without specifying each ; and the patent so is«
sued in the name of the heirs, generally, shall inure to the ben-'
efit of the whole, in such portions as they ai;e seTerally entitled
to by the laws of descent in the State or Territory where the of-
ficer or soldier belonged at the time of his death.
ApprcuHdy March Sd, 1843.
Digitized by CjOOQIC
ACTS OF THE TWENTY-EIGHTH CONGRESS im4.
OP
THE UNITED STATES ;
Passed at tJie First Session, which was begun and held at the
City Q^ fVashingtan, in the District of Columbia, on Mon-
day, the fourth day of December, one thousand eight hun*
dred and forty-three.
•
John Tiler, President. Willie P. Mangum, President of
the Senate, protempore* John W. Jones, Speaker of the
House of Representatives.
CHAP. 3. An act to refund the fine imposed on General Andrew Jack-
son.
^1. Be it enacted by the Senate and House of Rep-
reseniatives of the United States of America, in Con-
gress assembled. That the sum of one thousand d<>Uars J^t|7„'*y;!^/^r^
paid by General Andrew Jackson, as a fine imposed on him March 3T,^9i&
at New Orleans, the thirty-first day of March, Anno Domini one
thousand eight hundred and fifteen, be repaid to him, together ^
with the interest, at the rate of six per centum a year since then,
out of any moneys in the Treasury not otherwise appropriated.
Approved, February 16/6, 1844.
CHAP. 4. An act changing the time of holding the courts at Clarksburg
and at Wheeling, in the Western district of Virginia, and the circuit
court of the United States for the district of Arkansas.
^ I. Beit enacted, ^c, That the district court of the United ci^i;.^r^").:;
States, required by law to be holden at Clarksburg, in the west- S^^^^^ ^S'
em district of Virginia, shall hereafter commence its sessions on ruit :
the last Mondays of March and of August of every year ; and
that the sessions of said court required by law to be held at
Wheeling, within said district, shall hereafter commence on the wtsno^^*!^
Wednesday* after the first Mondays in April and September of *'jJJ.,*'°2JJ'*a^|;;
every year, instead of the times now fixed by law for holding <•«!>«'•'., ^ .
. •' ^« i 1 ^1 ^ .• • . •' i. • WT • Circuit Court
said courts, respectively ; and that the circuit court of the Unit- Arkamnu^to. bo
ed States for the district of Arkansas, shall hereafter be held on daSfoTAprii!^"^
the second Monday of April of each year, instead of the time
DOW designated by law ; and that all actions, suits, recognisances,
plocesses, writs, and proceedings whatever, pending, or which
niay be pending, in said courts, respectively, or returnable there-
Digitized by CjOOQIC
3002 1844— Chap. 4—8.
to, shall have day therein, and be heard, tried, proceeded with,
and decided, in like manner as ir the time of holding said ses-
sions had not been hereby altered.
<^ 2. And be it further enacted, That this act be in force
from and after the passage thereof. Approved, March 4/A,
1844.
CHAP. 5. An act to repeal the act entitled ^ An act to amend the act of
the tenth of Mareh, one thousand ei^t hundred and thirty-eight, enti-
tled ^ An act to change the time of holding the circuit and district courts
in the district of Ohio.*'
iwVii^UdT '^ I' Be it enacted ^c, That the act entitled "An act to
amend the act of the tenth of March, one thousand eight hun-
dred and thirty-eight, entitled ' An act to change the time of hold-
ing the circuit and district courts in the district of Ohio,' " approved
June 1st, one thousand eight hundred and forty-two, be, and the
same is hereby repealed : Provided, That this act shall not take
effect until from and after the next July term of said court at
Cincinnati. Approved^ March 26M, 1844.
Provlio.
CHAP. 7. An act to amend the act entitled " An act to establish branch-
Act of 1836, c es of the Mint of the United States."
312} ToL 4, p. 2115.
iS?db***3d»ec' i ^' Beit enacted, SfC, That the oath or affirmation required
?iou, act ot'u by the third section of an act passed March third, eighteen hun-
bSTte&D?^''^^ dred and thirty-five, entitled << An act to establish branches of
the Mint of the United States," may be taken before any judge
of the superior court, or of any court of record, in the State
where the branch of which the person taking said oath is an of-
ficer or clerk, is situated. Approved, April 2d, 1844.
CHAP. 8. An act directing the disposition of certain unclaimed goods,
wares, or merchandise, seized for being iiiegaiiy imported into the Unit-
ed States.
Goods telsedf
•iw^n vISS!'"* § I. Be it enacted,SfC., That hereafter, in all cases of seiz-
ure of any goods, wares or merchandise, which shall, in the opin-
ion of the collector or other principal officer of the revenue mak-
ing such seizure, be of the appraised value of one hundred dol**
lars or less, and which shall have been so seized for having been
illegally imported into the United States, the said collector of
the customs, or other principal officer making such seizure, shall
proceed as follows, that is to say : he shall cause a list, contain**
ing a particular description of the goods, wares or merchandise.
To be appnit«.so scizcd, to bc prepared in duplicate, and an appraisement of
^* the same to be made by two sworn appraisers under the revenue
laws, if there are such appraisers in such place of seizure ; and
if the said seizure 4>e made where there are no such appraisers,
then by two respectable, and disinterested citizens of the United
States, residing at the place where the seizure may be made, and
to be selected by him for said purpose. The aforesaid list and
Digitized by CjOOQIC
1844 Chap. 8. 3003
appraisement shall be properly attested by such collector or oth-
er officer and the persons making the appraisement; and for
which service said appraisers shall be allowed, out of the reve-. Fe«forappnis.
nue, the sum of one dollar and 6fty cents per day each. If the *****
said goods shall be found by such appraisers to be of the value nnotappniaed
of one hundred dollars or less, the said collector or other officer 5|,SJ^™jJ^'^
shall publish a notice, for the space of three weeks, in some news- {ShS^iTc^^"*^
paper of the county or place where the seizure was made, de-
scribing the articles, and stating the time, place, and cause
of their seizure, and requiring any person or persons claiming
them to appear and make such claim within ninety days from
the date of the first publication of such notice: Provided^ That penon cWmiM
any person or persons claiming the goods, wares or merchandise, ^«»hjn 90 dav»
• J -.L- .L .' -n J • -1! -• ci . J may give bond for
so seized, within the time specified in the notice, may file with paymem of costs
such collector or other officer a claim, stating his or their interest oSoeJ^nn 'od^
in the articles seized, and may execute a bond to the United JjJJJ'^^lSSS
States, in the penalty of two hundred and fifty dollars, with two J^^JIuine™'
sureties to be approved by the collector or other officer referred io»^*»«<i ^J »w»
conditioned that, in case of condemnation of the articles so seiz-
ed, the obligors will pay all the costs and expenses of the pro-
ceedings to obtain such condemnation ; and upon the delivery of
such bond to the (Collector or other officer mentioned, he shall
transmit the same, with the duplicate list and description of the
goods seiz<»d, to the United States district attorney for the dis-
trict, who shall proceed thereon in the ordinary manner prescrib-
ed by law: And provided alsOy That if there shall be note^^t^d'^
claipi interposed and no bond given, within the time above spe- u^e o^tei^to^te.
cified the collector or other officer, as the case may be, shall give Jo"d'and*nf!^
twenty days* notice of the sale of the goods, wares, or nierchan- j^YhtivJEr*^
dise, in the manner before mentioned ; and, at the time and
place specified in 'such notice, shall sell the articles so seized at
public auction, and, after deducting the expenses of appraisement
and sale, he shall deposite the proceeds to the credit of the Trea-
surer of the United States, as shall be directed by the Secretary
of the Treasdry.
^ 2. And be it further enadedy That within one year after wiOiiD od«
the sale of any 'goods, wares or merchandise, in virtue of this act penoni tattni'
any person or persons claiming to be interested in the goods, sLrvSry^^*' ^or
wares, or merchandise, so sold, may apply to the Secretary of the SSSToffSfeu^
Treasury for a remission of the forfeiture thereof, or any of them "«•*«•
and a restoration of Ihe proceeds, of the said sale, which maybe
granted by the said Secretary, upon satisfactory proof, to be fur-
nished in such manner as he shall prescribe : Provided, That it which may b©
shall be satisfactorily shown that the applicant, at the time of the granted on cer-
, , -^ . J . \r 1 , . I • . lain condltiona.
seizttre and sale of the goods in question, and during the inter-
vening time, was absant out of the United States, or in such cir-
cumstances as prevented him from knowing of such seizure, and
that he did not know of the same ; and, also, that the said for-
feiture was incurred without wilful negfigence or any in-
tention of fraud on tlie part of the owner or owners of such
goods.
Digitized by CjQOQIC
3C04 1844— Chap. 8—10. *
tiJi'Sithi?"oM "^ 3. And be it further enactedy That if no application for
vear procee^ to guch restoration be made withio one year, as hereto before pre-
be tstn u . g^j.jj^j^ jijgj^^ ^j ^l^g expiration of the said time, the Secretary of
the Treasury shall cause the proceeds of the sale of the said
goods, wares, or merchandise, to be distributed according to
law, as in the case of goods, wares, and merchandise, con-
demned and sold, pursuant to the decree of a competent
court.
Former provis. «^ 4. And be it further enacted^ That all provisions of any for-
fihrteniwith th?8 mcr law inconsistent with this act shall be, and the same are
npeaied. ^^^^^^ repealed. Approved, April2d, 1844.
CHAP. 10. An act requiring one of the judges of the circuit court for
the District of Columbia hereafler to reside in Alexandria.
«f'2I?^Tp"S ^ 1. fie it enacted, ^c, That whenever hereafter a vacancy
^eml^iT^atide ®^*" occur in thc circuit court of the District of Columbia, by rea-
in Aiaxindria. gon of the dcath, resignation, or removal, of any one of the judges
now composing said circuit court, the vacancy aooccasioned shall
be supplied by the appointment of some suitable person, whose
Afterward! one ^"^^ it shall bc to reside within the town of Alexandria, in ssod
of the j^^ ?]? District of Columbia,during his continuance in office: and after the
there. ^ '"""^^ happening of such vacancy ,as is hereinl>efore contemplated, one of
the judges of the said circuit court shall thenceforth always be re-
quired to reside in the said town of Alexandria: Prcmded, hMih
ever, That nothing herein contained shall be so construed as to
tta^an'^Me'hMge pr^veut, at any time, an exchange of residenoe between the jud-
t!^TthemoihJt 8^® ^^ ^'^ ^^"""^ should they think proper to make such exchange
«od. so that some one of said judges shall at times, after the next ap-
pointment hereafter to. be made of a judge of said court, reside
in the said town of Alexandria. Approved, April, ^k, 1844.
CHAP. 11. An act to repeal so much of the act approved the twenty-
si C^aoto i^^^*. ^i^d day of August, one thousand eight hundred and Ibrty- two, as re-
quires the second regiment of dragoons to be converted into. a regiment
of riflemen afler the fourth day of March, one thousand eight hundred
and forty -three.
Re ai of 10 ^ 1- ^« ** enocted, ^o. That so much of the act eatided
Miieh'^faet%re. '^An.act respecting the organization of the army, and for other
2fSl^f\TSi purposes," approved the twenty-third day of August, one thoo-
rrgiralLf of riflJ^ ^"^ ^^%^^ huudrcd and forty-two, as requires the second regunent
"»«»• of dragoons to be converted into a regiment of riflemen after the
fourth day of March, one thousand eight hundred and forty-three,
be, and the same is hereby, repealed.
R«fiment tote "^ ^* ^^^ ** ^ furthef cnoctcd, That the present regiment of
remounted, and riflemen, formerly the second regiment of dragoons, shall, as sooo
Fu^ri^c Jtbo'firat as it can be efiected after the passage of this act, be remounted,
Keg.mont. ^^ j called the second regiment of dragoons, and shall in all things
be governed by the same oi^anization and regulations as are pro-
vided by the act raising the first regiment of dragoons, entitled,
''An act for the more perfect defence of the frontier," approved
Digitized by LjOOQIC
1844 Chap, 11—15. 3005
«
the second doy of March, one thousand eight hundred and thirty-
three, and shall, in all respects, be placed upon the same footing
as the said first regiment of dragoons.
Approved, April 4th, 1844.
CHAP. 12. An ac^to change the time of holding the Spring term ofihe
District Court of the United States for the Eastern District of Virginia,
•and of the Circuit Court of Alabama.
^ 1 . Beit enacted, fyc. That the^Spring term of the District diSSS'^cSS of
Court of the United Slates for the Eastern District of Virginia, J£' axH^Sch
which is now directed by law to commence on the first day of year.
May, in the borough of Norfolk, shall hereafter commence on the
thirteenth day of May in each year: Provided, That whenever j^w^«|^* {>J
the day on which the term of said Court is herein provided for commence next
shall happen to on Sunday, then th^ term of said Court shall ^*
commence on the following day.
<§► 2. And be it further enacted. That from and after the pas- tarolbS^t*a"y
sing of this act, all proceedings and process dependingJn, or issu- JlllSnabre o^thJ •
ing out of the said Court, whigh are, or may be made returnable to SjJed****Md"3i
any other time for holding the Spring term of the said Court than ■uuafcc.contina-
as above specified, shall be deemed legally returnable on the day ed'to said tenn.
herein before prescribed and not otherwise. And that all suits
and other proceedings in said Court, which stand continued to
any ether time, for Uie Spring tertn of said Court than as above
specified shall be deemed continued to the time prescribed by this *
act, and no other.
4 3- And be it further enacted. That hereafter the Spring ^^'JJ^JJJJi^f^
term of the Circuit Court of the United States frr the Fifth Ju-^jf^*»3dMOT
dicial Circuit and Southern District of Alabama, shall commence da^u? April and
on the third Monday in April : and the Fall term of saicLCourt the 4th Monday
shall commence on the fourth Monday in December in each and *" ^^***°^'*
every year, instead of the periods now fixed by law, and continu-
ed in session as long as the 'business may require.
^ 4. And beit further enacted. That if from any cause there be'' a^rJunre** ^
should be a failure to hold said Circuit Court at the periods de- S^i^r^'aM^!
signaled in this act, the judges thereof shall have power, and are^^^^"Jf%5S
hereby authorized to hold an extra term of said Court at such time^^™*
as tliey may think proper. Approved, April I2th, 1844,
CHAP 15. An act making appropriations for the pa3nnent of revolutionary
and other pensioners of the United States, for the fiscal year ending on
the thirtieth < i June, one thousand eight hundred and forty-five.
^ \. Beit enacted ^c. That the following sums be, and the same
are hereby appropriated, out of any money in the Treasury not
otherwise appropriated, for the pensioners of the United States
for the fiscal year commencing on the first day of July, one thou-
sand eight hundred and forty-four, and ending on the thirtieth
day of June, one thousand eight hundred and forty-five :
For invalid pensions, one hundred ane eighty-four thousand /^wj.'^'**'"'
eight hundred dollars :
48
Digitized by CjOOQIC
3006 1844 Chap. 15—17.
•cf Sllth^^iai ^^^ pensions under the act of eighteenth March, eighteen hun-
nm.m. dred and eighteen, one hundred and ninetysix thousand dol-
lars ;
j»7"7*'i838rMd ^^'" P®"8>Q"s ""d®"" ^^^ act of July seventh; eighteen hundred
Au|un93, i8«i,and thirty-eight, and the act supplementary thereto, passed tho
•400,000. twenty-third of August, eighteen hundred ar(d forty-two, four
hundred thousand dollars ;
^ Under act^^f For pcnsious Under the act of July the fourth, eighteen hun-
siA^. dred and thirty-six, one hundred and thirty-four thousand two
hundred and fifty dollars ;
in ipprojfuuSS For supplying a deficiency in former appropriations for the
u^draciSTCc"; fiscal y«a«* ending June thirty, one thousand eight hundred and
lis 'lid ■'A!.y{f^"'^y 'four, for pensions undtr the act of Marcl> three, one thou-
93,1643, s4(Ko& sand eight hundred and forty-three, and under the act of seventh
of Jtily, eighteen hundred and thirty-eight, and the act of twenty-
third of August, eighteen hnndred and forty-two, forty thousand
^ proTiw. dollars ; Provided^ That the Secretary of War may direct the
sec'y of War transfer of a part, not exceeding two hundred and twenty thou-
^.ooo/ou?Ssand dollars, of the sum of four hundred thousand dollars, ap-
X^rSlT' Tr propriated in this act for the payment of pensi6ns under the act
K?&7a««^^f »^^®"^'» of July, eighteen hundred and thirty-eight, and the act
S^^t'SrfarlSii^f twcnty-third August, eighteen hundred and forty-two, to the
Sd^'crclfM^SP^y'";"^ f f/r'"^^'. '1°''^' ^^^ ^'^ ^^*«' »*d a'«o "nrfer the
^'hIj? pay pen-"^^ March, eighteen hundred and forty-three ;
•ions to wi^wi For half-pay pensions to widows and orphans, payable through
1%. ^'P'"-' the Second and Third Auditor's offices, 4e thousand dollars •
2n^?SjSri8i6, ^ For arrearages of pensions prior to Julyf eighteen hundred and
*2>ooo. fifteen, payable through Third Auditor's office, two thousand dol-
V^X^on to '^!"5 'Provided, That no pension shall be hereafter granted to a
yi^Jerh^biSS o''^^,^^'" ^''? *^'^, ^'""^ ^'^^^ ^^' '^"^'^^"^ '■eceiyed one. And
"Sl72o°°'' Provided also That no ,>erson in the army,.- navy or marine
No person to oorps shall bc allowed to draw both a pension as an invalid and
^surn ^Jty^J)^ ?^y ^f ^'« ^'^"'^ ^^ station in the service, unless the alleged
.u^aajne time, disability for which the pcnsiou was cranted, be such as to have
occasioned his employment in a 4ower grade, or in some civil
branch of the service. Approved, April 30th, 1^44.
CHAP. 16. An act giving the assent of Congress to the holding of an
extra session of the Legislative AsHembly of the Territory of Iowa.
ofi^.iaJS?*S^. ^.^- ^^ i^ enacted, fyc, That the assent of Congress is here-
TX'im''^'^^^ given to the holding of an extra session of the Legislative As.
ProW sembly of the Territory of Iowa, in the month of June, eighteen
anrof re^?a^>"ndred and forty-four; Provided, Thai no portion of the ex-
pense of such extra session shall be paid by the Government of
• the United States. Approved, April 30th, 1844.
CHAP. 17. An act for the relief of the citizens of towns upon the lands
of the United States, under certain circumstances.
ianTrVCS,„,ti;H^'w T'^^^^ ^^ '^^''^ Whenever any portion of the
M a town V surveyed public lands has been or sb^ll be settled upon and occu!
* Digitized by CjOOQ IC
1844 Chap. 17—30.
3007
pied as a town site, and therefore not subject to entry under ihe w»po>»^« author-
existing pre-emption laws, it shall be lawful, in case such town or oouikJ owmio
place shall be incorporated, for the corporate authorities thereof, in^nM^s^^l
and, if not incorporated, for the judges of the county court for '^^^'''p*" ■
the county in which such town may be situated, to enter, at the
• proper land office, and at the minimum price, the land so settled
and occupied, in trust, for the severaf use and benefit of the oc-
cupants thereof, According to their respective interests ; the exe-
cution of jvhich trust, as to the disposal of the lots in such town, thf 1ra"f!Tc., ?o
and the proceeds of the sales thereof, to be conducted under Se L^lsiL^^^
such rul«8 and regulations as may be prescribed by the legisla-
tive authority of the State or Territory in which the same is situ-
ated : Provided, That the entry of t*e land intended by this act proviR) : Entiy
be made prior to the commencement of the public sale of the|!;p*5j;'^^,£'on'
body of land in which it is included, and that the entry shall in- }Jnd*'J,^^*"j^''JJ
elude only such land as is actually occupied by the town, and be the town— to be
noade in conformity to the legal subdivisions of the public lands to^iegai"^bdiv%
•uthorised by the act of twenty-fourth April, one thousand eight ceeS'aw teres!*'
hundred and twenty, and shall not in the whole exceed three
hundred and twenty acres ; And, provided, also. That any act
of said trustees) not made in conformity to the rules and regula- Any aot of tms^
tions herein alluded to^ shall l>e void and of none effect ; And^ne^h\e t^rpg-
providedf also. That the corporate authorities of ihe town of"^^'*'""'^*"^'
Weston in the county of Platte, Stale of Missouri, or the counfV AothorUieB of
court of Platte county, in said State, shall be allowed twelve JJ'^^'^^Jj'j^*'^^^^
months, from and after the passas^c of this act, to enter at thep^i'^a^e of this
, I rr* II 1 I • L • I , • • act to enter i»nd
proper land ofnce, the lands upon which said town is situate. on which u is
Approved, May 23d, 1844. "^""'''•
CAHP. 18. An act to authorize the transfer of the names of pensioners Sooe 63, post*
from th« agencies in the State of Kentucky to the agency in Cincinnati
in the State of Ohio.
^ I. Beit enacted, ^c, That the Secretary of the Treasury on appiicaiion
be, and he is hereby authorized to direct ihe names of any pen- r^sfdent ^nTeo"
sioners, resident in the State of Kentucky to be transferred, on ;;;«;;^y'^hmn^^^^^^^^
the application of such pensioners from the agencies in the State [♦j"^«*'?^y ioc'n-
of Kentucky to the agency in Cincinnati, in the State of Ohio. ''"'" **
Approved^ May 23(/, 1844.
CHAP. 30. An act relating to the port of entry in the district of Pas- Aciof 1803. c.
• saraaquoddy, in the State of Maine. '^' ^°'- ^' '* ®^
^1. Beit enacted, fyc. That the port of entry and ieWyeryJ^H'^^^^^^^'j^
which now is, or hereafter may be, constituted by virtue of the Mareh3.iMQ^«ec.
fourth section of the act approved March third, one thousand eriry for voweie
eight hundred and three, shall, while the same shall remaid such,copo*'"?rG^
be also a port of entry for ships and vessels and their cargoes, "^P°"^.*«y°°^
arriving from the Cape of Good Hope and from places beyond
the same. Approved, May 3Uf, 1844.
Digitized by CjOOQIC
300b 1844 Chap. 31—39.
Art of 1789, c. CHAP. 31. An act to amend the judiciary act passed the twenty-fourth
' ^ ' ' of September, one thousand seven hundred and eighty-nine.
Appeal to lie <^ 1. Be U etiacled, ^c, That final judgeoients in any circuit
Burreme^ciua court of thc United Staler, in any civil action brought by the
M/***cy»*ii**iau United States, for the enforcement of the revenue laws of the,
eili'Xwt^iHhOTt^"*^^^ States, or for the collection of the duties due, or allied
IS^ardtoaLooouto be due, on merchandise impocted therein, may be re-exam-
ined, and reversed or affirmed^ in the Supreme C^urt of the
United States, upon writ of error, as in other cases, without re-
gard to the sum or value in controversy in such action, at the in->
stance of either party « Approved, May Zlei, 1844.
CHAP. 37. An act directing a disposition of the maps and charts of the
Survey of the Coast
Haps and ebaru ^1. Be U enactedj fyc, That the Secretary of the Treasury
Sf'Jt*?ric!i'?5t^ be and he is hereby authorized to dispose of the maps and charts
Sf'tu V?isS?J: of ^^^ survey of the coast of the United Stales at such prices
and under such regulations as may from time to lime be fiied by
pieJ!^Siedto\re-ihe Said Secretary ; and that a number of copies of each sheet,
ISid^UtewI^^SJili not to exceed three hundred be presented to such foreign gov-
KiMiiflcaMocia-g,.nnnents, and departments of our own government,^and literary
and scientific associations as ihe Secretary of the IVeasury may
(Tirect. Approved, June 3d, 1844.
CHAP. 38. An act to alter tlie places of holding the District Court of
thcUnited States for the District of New Jersey.
Diitriet Court <^ 1. Be it enocted, fyc, That the district court of the United
rL^N^ ?e^My; States, in and for the district of New Jersey, shall hereafter be
Tra*?ton^" *' hdd at the city of Trenton, in said State, instead of the cities of
New Brunswick and Burlington, the places heretofore established
lodictmonu, by law. And all indictments, informations, recognizances, writs,
iLc. to bo tried suits, pleas, actions, motions, and all other proceedings, civil and
criminal, shall be heard, tried, proceeded with, and determined
by the said court at the said city of Trenton, rn the same man-
ner as might and ought to have been done had the said court
been holden at the places heretofore directed by law;
Approved, June 4th, 1 844.
CHAP. 39. An act relating to bonds to be given by custom-house
officers. •
offlM«to"givr.J? § I' Be it enacted, fyc, That all custom-house officers who
quisite bond be- pQW are,, or hereafter may be, j'equired by law to give bond with
ouiherr^Slmo^^ surety for the faithful discharge of the duties of their office, shall
give'such bond, with surety, according to the requirements of
law, before they shall be qualified to enter upon the performance .
of said duties. Approved, June Ath, 1844.
Digitized by LjOOQIC
1814 Chap. 41. 3009
CHAP. 41. Aa act to incorporate Georgetown College in tlic District *
of Columbia.
^ 1. Beit enacted, ^^c, That there be erected, and hereby .p^ ^ ,
is erected, in Georgetown, in the District of Columbia, a college "The Present
for the instruction of youth in the liberal arts and sciences, the GMr^'to^n'c<S!
namci style, and title of which shall be ** the President and Di-*"^***"
rectors of Georgetown College."
<J 2. And be it further enacted, That James Ryder, Thomas j^„ Ryd.r,
Lilly, Samuel Barber, James Curley, and Anthony Rey, be, aiid^J;™ «• "^*
they are hereby declared to be, a body politic and corporate, ^^-^'wioyUi
with perpeotal succession in deed or in law, to all intents and th"k'*^u<^Mm.
purposes whatsoever, by the name, style, and title of " the Presi- co^AuSirwSS.
dent and Directors of Georgetown College," by which name and J" thaSri? w-
title they and their successors shall be competent, at law and in herit MtataT'b^th
equity, to take to themselves and their successors, for the use of^nd mmT^^J!
said college, any estate whatsoever, in any messuage, lands, ten- JT/towVaS"!!
ements, hereditaments, goods, chattels, moneys, and other effects, "^^'
by gift, bequest, devise, grant, donation, bargain, sale, convey-
ance, assurance, or will ; and the same to grant, bargain, sell,
transfer, assign, convey, assure, demise, declare to use and farm
let, and to place out on inteiest for the use of said college, in
such manner as to them, or a majority of them, sh^ll be deemed
most beneficial to said institution ; and to receive the same, their
rents, issues, and profits, income and interest, and to apply the
same for the proper use and benefit of the said college ; and by
the same name to sue and be sued, to implead and be impleaded,
in any courts of law and equity, in all manner of suits, actions,
and proceedings whatsoever, and generally, by and in the same
name, to do and transact all and every the business touching or
concerning the premises : Provided, That the same do not ex- . rrpviM .. mci
ceed the value of fifty thousand dollars nett annual income, over !^!y*i!lj;?o'*M.
and above and exclusive of the receipts for the educatioh and JJ!;, ^i',2iit'tf
support of the students of said college. eduoitiao, ao.
<^ 3. And be it further enacted. That, the said cerporation^^«^j^»«oiii-
shall adopt a Qommon seal, under and by which all deeds, diplo-
mas, and acts of the said college or corporation, shall pass and
he authenticated, and the same seal at their pleasure to break
and alter, or devise a new one. ^
^ 4. And be it further enacted, That no misnomer of the J^iS^^'^^
said corporation shall defeat or annul any donation, gift, grant, tioa or beqoMt
devise, or bequest, to or from the said corporation. uoo"*** corpor»-
^5. And be it further enacted, That the said corporation ^J'";**^**^^}^
shall not employ its funds or income, or any part thereof, in bank- b«nkio( opera-
ing operations, or for any purpose or object other than those ex-**COTfw« nty
pressed in the first section of this act ; and that nothing in this "''"''j tSUwi *'
act contained shall be so construed as to prevent Congress from "^^
altering, amending, or repealing the same.
Approved, June lOth, 1844.
Digitized by CjOOQIC
3010 1844 Chap. 45-47.
Act of 1^36, #. CHAP. 45. An act to amend an act entitled " An act to reor^nke th€
9496. General Land office.
ofliee of SiAic ^ 1 • Be U etiacied, fyc.^ That from and after the passing of
ItT'Llid'^offlce^his act, the office of Solicitor of the General Land Office shall
to te'*^'rfuri^ be, and the same is hereby, abolished ; and that all the duties
by ReMrde^Wc.. heretofore by law required to be performed by the said Solicitor
c^mmi^Der" df shall hereafter be performed by the Recorder, or by such other
tbjGenoni Land pg^g^^ or pcrsons in the cmploy of the United States in said
General Land Office, as the Cbromissioner of said General Land
Office may from time to time direct. *
RopoBiing otbet ^ 2. And be it further enacted, That the fifth section of the
wUhihT"'"**"*act entitled " An act to reorganize the General Land office," and
all other acts and parts of acts contrary to the provisions of this
act, b^ and the same are hereby, repealed.
Approved, June 12ih, 1844,
CHAP. 46. An act to establish a port of delivery at the city of Lafay-
ette, in the State of Louisiana.
Lafayette a port ^ I. Be %t enccted, ^c, That the city of Lafayette, in the State
Mm'^roffuiauonl of Louisiana, shall be a port of delivery, and shall be subject to
Spt &c,**^'*'*" the same regulations and restrictions as other ports of delivery of
apti'mid'*** **' ^^^ United States, except as is hereinafter provided ; that a sur-
JulSL T^ ^"'' ^^y^** ^^^" ^ appointed to reside at said port ; that all ships and
port to iD>ik0 re< vesscIs bound to said port shall first make report and entry at the
Kw"Heai7fi'port of Ncw Orleans, within the lime limited by law, and shall
fitTaySJucUy/'be permitted to unlade their cargoes at the said city of Lafayette,
adjoining the. city of New Orleans, uqder the rules and regula-
tions prescribed by law, and ^uch further regulations as may be
deemed necessary by the Secretary of the Treasury.
in^frSm'lLST" ^ ^' ^^^ ** it further enacted ^ That, all vessels about to de-
eue tHiear" out part ffom the SSI d port of Lafayette, for foreign ports and places,
^oae^^'^at'^NJ^' shall bc permitted, under such regulations as the Secretary of the
Orleans. Trcasuty may prescribe, to clear out with their cargoes at the
custom-house in the city of New Orleans, and depart as from the
port of New Orleans ; and goods or merchandise imported into
the United States, and exported from said port of Lafayette, un-
ehandise'emlt^ der the regulations aforesaid, shall be entitled to the benefit of
to drawback, drawback of duties, upon « exportation to any foreign port or
place, under the same, provisions, regulations, restrictions, and
limitations, as if the said goods, wares, and merchandise had
been exported directly from New Orleans.
Approved, June 13/A, 1844.
CHAP. 47. An act relating to the unlading of foreign merchandise on
the right bank of the river Mississippi opposite New Orleans.
Under regula-
8e"*ofTr*eMul*^ 1. Bs tt enocted, ^c. That it shall be lawful for the Secre-
•ait imported tary of tho Troasury, under such rules and regulations as he shall *
iMy bT'Snifden prcscribe, to permit salt imported from foreign places to be unla-
of thf i^huiMip- d^n on the right bank of the river Mississippi opposite the city of
Digitized by CjOOQIC
1844 Chap. 47—51. 3011
New Orleans, at any point on said right bank between the upper g;,Jj;,**'** ^•^
and lower corporate limits of the municipalities of said city.
Approved^ June \2th, 1844.
CHAP. 50. An act granting a section of land for the improvement of
Grant river at the town of Potoei, in Wisconsin Territory.
One lection of
^1. Beit enacted, irCt That there be, and hereby is, grant- '•"i»7">*^*?'?*
* t rwi • r ^»r* • • I I • «■ . d^iaeo into lute
ed to the Temtory of Wisconsm, .section number thirty-four, in anddiepoMd or.
township number three north, in range number three west, of
the fourth principal meridian of the said Territory, for the pur-
pose of improving Grant river, known as the Grant Slue, at the
town of Potosi, in the said Territory, and for no other use or pur-
pose whatever : and the said land shall be surveyed, and divi-
ded into lots, and shall be sold and disposed of in such manner,
and under such regulations and restrictions, as-the Legislature of p^^,.^^. ^
the said Territory shall establish : Provided, That in disposing •mpu^'ri^htfTo
of the same, pre-emption rights shall be granted to actual set- tuifftttlere? ^'^^
tiers and occupants residing on said lots, at the time of the pas-
sage of this act, according to the provisions and restrictions in
the next section provided. commiMiouore
^ 2. And be it further enacted. That, the Surveyor Gen- t;,'S,*^'^cli^M
enil of Wisconsin and Iowa, shall appoint three disinterested p^li^^'ll pay'^w-
commissioners, whose duty it shall be to view and examine all the •«»•«.<> ''^^'^
lots which are actually occupied and improved, and assess the
true value of said lots, without taking into the estimation, any of
the improvements on the«ame; and the occupants of said lots,
by paying, within one year from the passage of this act, the as-
sessed value as aforesaid of their respective lots, shall be entitled
to the right of pre-emption as aforesaid ; and upon the failure
of any, of all said occupants to do so, the said lot or lots to the
extent of such failure, shall be sold as other lots in said town : ^'^''''''^
Provided^ That the said occupants may at any time before said
lots are sold, pay the assessed value and thereby save their right Pmvieo: com-
of pre-emption aforesaid : And' provided further , l*hat the said ?wornTndree''eiv*
commissioners aforesaid shall, before they enter upon their duties '^**"**^""^'*'"'
as such, be sworn faithfully to discharge their duties according to
the provisions of this act ; and they shall receive a compensation
for their services to be pre8crit>ed by the Legislature of said Ter- ProTiM.
ritory : Provided^ That the whole compensation to said Com-
missioners shall not exceed the sum of one hundred and twenty
dollars. Approved, June 15^ A, 1844.
CHAP. 51. An act relating to certain collection districts, and for other
purposes.
4 1. Be it enacted, ^c, That from and after the passage of wtd" mms. /&[!
this act, the districU of Ipswich, Massachusets, St. Mary's, and nfiif Md"t loiiy
Snow Hill, Maryland, Folly Landing and East River, Virginia, lSve^°*vi^^and
and Sonbury, Hardwick, and Brunswick, Georgia, shall be and ^""^"2;^ £*;2:
hereby, are, abolished as seperate collection districts, and shall wIcIc^'gm.. uboi.
hereafter be annexed to other districts, as follows, that is to say ; !!d't''o^wrtah?oth-
Ipswich, to the district of Newburyport ; St. Marys, Maryland/' ^"^"'^''^
Digitized by CjOOQIC
3012 • 1844 Chap. 51-^2.
to Annapolis ; Snow Hill, to Vienna ; Folly Landing, to Cher-
rystone ; East River, to Yorktown ; Sunbury and Hardwlck (o
Provi«o: ipi> Savannah ; and Brunswick, to St. Mary's, Georgia : Provided,
Jwy't anrsooi That the following places shall be, and are hereby, conslitated
bli*"' *Hirdw!Sr poi'^s of delivery, at each or any of which the President of the
nn?' BruMwick; United Slates is authorized (if deemed neccessary for the public
Ga., ^t or near . . . ^ - ^ r ^r * ^ •-. * * t
Folly Landing, interests) to appoint surveyors of the customs, to wit: Atlps-
STtepoVu'ifde- wich, Massachusetts ; St. Marys and Snow Hill Maryland ; Sod-
io7^'yofj mlj'2 bury, Hardwick, and Brunswick, Georgia; at or near Folly
"^Ki»^1' chei- Landing, East River, Virginia ; And provided^ That the follow-
t«r«ndNanjoia»7. jng.metioned ports of delivery are hereby discontinued, and the
ouay.va; H?rt- offico of survcyor established at said ports, respectively, is hereby
X^h^.^n'J'llI^ni: abolished, to wit: Chester and Nanjemoy, Maryland; Soolh
bJ''*d1I^niiooidQoayj Virginia ; Hertford, Murfreesborough, and Swansboroogb,
jj po'^of'i^i^^- North Carolina : And provided, also, That the office of assis-
*'fcoTiio: «a«i«-iant collector, to reside at the town of Jersey, in the Slate of
ro?we*'at*j«Mi^New Jcrscy, aulhorizcd by the act approved March two, one
abolished, thousand eight hundred and eleven, is hereby abolished.
Bhieidaboroagh <^ 2. And be U further enacted, That, from and after the pas-
if*"i"r5!*'E»d8age of this act, the the town of Shieldsborough, on the bay of
reariiDgtqn noL gj^ Louis, injhc State of Mississippi, shall be the port of entry for
the district of Pearl River, and the collector of said district shall
reside at said Shieldsborough ; and the present port of entry at
Pearlington, in said district, shall cease to be the port of entry:
rio^Sn^To' to'a Provided, That Pearlington for said district, shall be, and bere-
port of delivery, [yy jg^ coustitutcd a port of dclivcry.
th2^**d^rtrier*^f "^ ^' ^^^ ^^ ^ further enacted, That the name of the dis-
tuw orieaoi. ° trict hereinafter mentioned shall be changed,and bear the follow*
ing name, that is (o say : Mississippi to be called the district of
New Orleans. Appproved, June loth, 1844.
CHAP. 52 An act to establish a navy yard and depot at or adjacent to
the city of Memphis, on the Mississippi river in the Stata of Tenoeesee.
Pre».i.icni tnw- ^ • • !?« it euacted, fyc, That the President of the United
I'lurtreab"!!^^^'^ ^^9 ^"^ '^® *^ hereby, authorized to select and ptirchasea
^iogi^'&c site for a navy yard and depot at the city of Memphis, in the
State of Tennessee, and to erect such buildings and make such
improvements thereon as may be necessary for the construction
and repair, and for the accommodation and supply, of vessels of
war of the United States ; and that the President be authorized
and empowered to puchase any .water rights which may be re-
quired to propel the machinery appertaining to said navy yard,
or which may be useful in the operations of said navy yard ; and
that he be further empowered to receive hjiy donations of lands,
water rights, or rights of way, which the authorities of the city of
Memphis, or any other body corporate, or any person or persojns,
may deem proper to make or grant to the Government of the Uni-
9100,000 appra. tcd Slatcs ; and that the sum of one hundred thousand dollars be
priated. appropriated to the objects aforesaid, out of any money in the
Treasury not otherwise appropriated.
Approved, June 1 5th, 184^.
Digitized by CjOOQIC
1844 Chap. 64—69. 3013
CHAP. 54. An act to repeal ao act entitled •* An act directing the survey Act of '««je,
of the northern line of the reservation for the half-breeds of the Sac and- » ■■ • '■
Fox titles of Indians, by the treaty of August, one thousand eight hun-
dred and twenty-four," approved March third, one thousand eight hun-
dred and forty-three.
^1. Beit enacted, ^c, That the act entitled *' an act direct- j^^^ ^r M«rek
ing the survey of the northern line of the reservation for the3tiW3,rt|H»BW
half-breeds of the Sac and Fox tribes of Indians, by the treaty of
August, one thousand eight hundred andtwenty-four," approved
March third, one thousand eight hundred and forty-three, be,
and the same is hereby repealed.
^ "4. And be it further enacted. That the northern line of said Northern mm
reservation, as run and marked by Jenifer S. Sprigg, in the years ;j"jj'*f^^{;;;fj
one thousand eight hundred and thirty-two and one thousand ^^^^^^ •* "^^••
eight hundred and thirty-three, under contract with William
Clark, superintendent of Indian aHairs, be, and the same is here-
by, ratified, approved, and established, as the correct norlhern
boundary of said reservation. Approved, June 15, 1844.
CHAP. 65. An act to authorize the selection of certain school lands in
the Territories of Florida, Iowa, and Wisconsin.
^ i. Beit enacted, fyc, That wherever the sixteenth sections when ]«th-««M.
in said Territory, either in whole or in part, are now, or may i'"p"HrJi** ci^ii'
hereafter be, included in private claims held by titles confirmed j^J-^ jjjjjjjj
or legally decided to be valid and sufficient, other lands equiva-i«ii«».
lent thereto, within any land district in said Territories most ad-
jacent to said lands so taken up by private claims, " which have
been offered at public sale, and remain unsold," may be selected
in lieu thereof, under the direction of the Secretary of the Treas-
ury ; and the lands so selected shall be entered in the office of the
register of the land district in which they may lie, and be by
such register reported to the Commissioner of the General Land
Office as school lands selected under this act ; Provided, — That, prpvi,*;
before making any entry of such other lands, the case shall be
made out to the satisfaction of the register and receiver of said
district, agreeably to rules to be prescribed by the Commissioner
of the General Land Office, for the purpose of showing that the
sixteenth section, or part thereof, has been included in the man-
ner above mentioned. Approved, June 15, 1844.
CHAP. 69. An act, to test the utility of the sub-marine telescope.
^1. Beit enacted, fyc. That the Secretary of the Navy be e^eraurrortbe
authorized and directed to institute such experiments under the Si''Cpi"rSSJiS2
superintendence of competent and trustworthy persons, as will *«*«»**•
fully test the utility of the sub-marine telescope invented by Mrs.
Sarah P. Mather, and ascertain its value, if any, to the public
service ; and the expenses of which shall be paid out of any '"'>»• f/^JJ^^^
eys in the treasury not otherwise appropriated : Provided, Thattury. Proyi.o*i
iaid expenses shall not exceed the sum of two thousand dollars. ^ooJT ~'**^
Approved, June 15, 1844,
Digitized by CjOOQIC
3014 tBU^CuAP. 63r^1U
j^Art^f wj^c, CHAP. 63. Aoacttmiiuaferriagtfaejes^uljyMioracerlcui} actfrpnAd
'" ^* Secretary of the Treasury to the Becretary of War.
ibAftfbfexeS- ^ 1* Be it enacted, ^c, Thai the act entitled " An act to au-
i?WM**"*'*''^ ihorize the transfer of the names of pensioners from the agencies
in the State of Kentucky, to the agency in Cincinnati, in the
State of Ohio," and approved May twenty-third, eiglHeen hun-
dred and forty-four, shall be executed by the Secretary of Wtr,
instead of the Secretary of the Treasury.
Approved, June 15, 1844.
CHAP. 69. An act to authorize the Legislatures of the several Ternlo-
ries to regulate the apportiopip^nt of represeotatioB, and &r other pur-
poses.
L0(iti«inffM to ^ I. Be it enacted, ^o., That it shall be competent to the
^fSIItaUolf^fKm '-'^o*^'^^^''^^ ^^ ^^® several Territories, to re-adjust and apportion
lima to tune. the representation in'the two branches of their respective bodies
in stich manner from time to time as may seem to them just and
?roYiio: aumbor proper : Prouided, That the numbers of said bodies as author-
no o »*«f*"-i2e(j by existing laws shall not be increased.
Juttiooi of the <^ 2. And bc it further enacted. That justices of the peace,
Sf*rani*S**??*^«*and all general officers of the militia in the several Territories
pw^e. ^^ '^'sliall be elected by the people in such manner as the respective
Legislatures thereof may provide by law.
Approved, June 15, 1844.
Act of 1842, c, CHAP. 71. An act to amend an act entitled ** An act to provide for the
M7, ante p. 2880, armed occupation aud settlement of the uc»3ttled part of the peninsula of
Florida."
Whore location, ^ ^' Be It enacted, l^c. That in any case in which it shall
JSirOwtww^PP^?'' *^ ^^^ Commissioner of the General Land Office that the
inido upon *iand location made by a settler under the act approved August fourth,
h*mtJ*£IchMg- eighteen hundredand forty-two, entitled "An act to pro vide for the
*"• armed occupation and settlement of the unsettled part of the peoia-
sula of Florida" was located upon lands which were discorered
after the issue of the permit to be liable to overflow, it shall be
lawful for the said Commissioner to authorize the change of the
location to any other vacant quarter section within the same land
Proviio: ippii^»strict. Provided, application for permission to change tbele-
mortbJmad???-^®^'^" •**"" ^^^^ ^^^^ ^^^^ *' *^*® propcr land office before the
or to Augiut 4, fourth day of August, eighteen hundred and forty-three.
wh^naettiement <^ 2. And be it fwther enacted, That in ail cases in which
TwUT"^^ .'SuS! settlements have been made under the provisions of said act, up-
Sy/ibdili-^iSnr.o" lands not surveyed before the issue of permit, the settler may,
•o ai to include after survcy locate his quarter section in any leffal subdivisions of
contmuous or contiguous sections, or fraetional sections, so as t<>
make up the quantity oj one hundred and siity acres, as may be,
and to include his improvements, and as much of the lands de#?
crihed in his pecmit as is coB^isteBt with the system qf tb^ pahr
lift surveys.
^ a. Af%d h0 U./:uMm.0mict€d, That the settlers under said
Digitized by CjOOQIC
1844 OriAP. 7*1—72. atoift
ProTtao.
t'6t rt^t erect their diifrelfinrt, and resWe upart oih^i* tharh the,;|;'*""'"V '^
quarter secnt)rt aesrcrrbed in their pfermrl : Provided, The rand up- «< permit.
on whicli they So erect theit habitation shall be entered and paid on iS*' they^o-
fof by them, if in nfiaYket or if not in market, shall be so entered lad^id^for'*'**
within three months afrer it shall have been offered at public sale.
And Provided f alsOy That the condition of coftivatron on the.. '*''**?*" •*<»«**
- ^ •• ■ - I • I II I r • t it It .... ln»n of cultivation
land desTcribed m the permit shall be faithmlly complied with ac-*® "le complied
<iordin]^ to the terms of {he act to which this is an amendment.
<^ 4. And he j^i further enacted. That iti any case in which theu.^^*JdifeI^tivJ^
titteof the United States to the land or any part of it, not Jess ;iiiwhirii! '*^"*
than forty acres, described in the permit issued by the land office
to any settler, or contained' m the quarter section upon which he
shall have . beeA located, shall prove to be defective, a tract of
}and equal rn qiiant'tty to that in which the title shall' have proved
defective as aforesaid, may be located elsewhere upon vacant sur*
Veyed lands within the same township, or within the nearest
t^ownsFhip in which there shail be sufficient (fuantity of vacant ara-
ble laDti.
^ b. And be it further enacfedy That it shall be competent ^^\^^ J»*J
for any Settler under the said act to perfect his tide to the quar- Cj^p^yinx'^ "as
ter section located and described in the permit, by paying to the^*'"**'
receiver of the land office in- the appropriate district th^ sum of
one dollar and tiVenty-five cents per acre for the said quarter sec-
tion. Provided, that such settler shall prove to the satisfaction
of the register and receiver for the proper land district that up to
the date of his application to make payment he has fully compIi«
ed with tiie. requirements of the act to which this is an amend-
ment. Approvedy June \5thy 1844.
CHAP. 72. An act making appropriation for the support of insane per-
sons in the District of Columbia^ and for other purposes.
^ 1, Beit enactedy <^c., That the sum of four thousand dbl- p^fjJ-2J>'^;«;:
lars be, and the same is hereby, appropriated, out of any unap- »»«*• ?»op««-
pfropriuled money in the Treasury, for the support, clothing, and
medical treatment of the insane paupers of the District of Co-
lumbia, for the fiscal yearr ending June thirtieth, one thousand
eight hundred and forty-fjve : Provided, That the amount paid ^^^^y'^y^n^**^
for each person shall not exceed four dollars per week : ^nrfpro-,week for each iw-
vided further, That the Marshal of the District of Colunribia be'^p^^^,^. „„.
and he is hereby authorized to maintain at Baltimore or some oth-j'"^!,°f J!'""^J
ill- I It • 1 • .to maintain at
er suitable lunatic asylum all such lunatic persons who are pau-Bait=roor«orei«e-
X , • II • I -T»i' i_ where all insane
pers as are now confined in the lunatic asylum at Baliimore bypnupor. »r tho
order of Congress, or are in the jails of Washington and Alex-ted"iy\Vrfe^°"i
andria counties, and all such as may hereafter be committed as J;^;^^"^^"^'^^,*';^' j*
lunatics by order of the Circuit or Criminal Courts, they being {5' *>>« •«"'« »»
paupers of said District of Columbia, and their support being le-
gally chargeable thereto, and that he pay the expenses of their
removal and of their maintenance in such asylum as he may select
and be allowed for the same in the settlement of his accounts at
the Treasury of the United States.
Digitized by
Google _
8016 1844 Chap. 72—73.
tv^^'Tl'' ui ^ ^- -^^^ *^ ^ further enacted, That Ih^ Comniisioner of
Btaonhe^mianjPiiblic Buildings bc directed lo allow the Medical Faculty of the
tofi?Ari7.&c.*° Columbia College, District of Columbia, to occupy the insane
hospital with the adjoini()g grounds, situated on the Judiciary
Square in Washington, for the purpose of an infirmary for medi-
cal instruction and for scientific purposes, on condition that tliey
shall give satisfactory security to keep the said building in repair
and return it, with the grounds to the Government, in as good
condition as they are now in^ whenever required to do so.
Approved J Jui/lk 15/&, 1844.
CHAP. 73. An act making an appropriatioa for the payment of horaes
lost by the Missouri volunteers in the Florida war.
^^gJjMo appro. ^ |^ Be U enucied, fyc. That there is hereby appropriated the
sum of thirty four thousand five hundred dollars to be expended
out of any money in the Treasury not otherwise appropriated
for the purpose of paying the Missouri volunteers the value of
their horses and equipage lost or cast away at sea, or which per-
ished or died in consequence of suffering at sea in the voyage
from New Orleans to Tampa Bay, in the year eighteen hundred
and thirty-seven : and also for such horses as were turned over
to the Government by the order of the commanding oflBcer.
.J5'*?!i®^^®'**rThe value of all horses to be ascertained, and the seltlemeot of
and aeiUrmeot of „ , . , , ,. , ' . . -
eiidmsrobemaiieall claims to be made accordinsr to the provisions of an act en-
according uo act ^., , ,. A ^1- • *• r .' I
«rifareh 3, 1839. titled '^ An act making appropriations tor preventing and sup-
pressing Indian hostilities for the y^^.ar eighteen hundred and thir-
ty-nine," approved third of March, eighteen hundred and thirty-
nine, or so much of said act as provides for paying the value of
horses and equipage of the Tennessee and other volunteers who
have at any time been in the service of the United States in the
Territory of Florida : and according to the provisions of the
fourth section of an act entitled " An act making appropriations
lar the support of the army for the year one thousand eight hun-
dred and thirty nine," approved third of March eighteen bun-
cWnSfor^hiJJ'JJ^'"®^ *^"^ thirty-nine: and the said acts, or so much of them as
itnorjd!!^*"''^'^^^^ ^^ ^^ ^^^ ^ bearing upon those claims as aforesaid, and otb-
▼iTed, er existing claims t>e and the same are hereby revived and con-
tinued in force for two years from the passage of this act.
iM^ISS^ '^ 2- ^^^ *« ^ further enacted, That an act entitled " An
*act to provide for the payment or horses and other property lost
Act 0(1837, cin the military service of the United States," approved on the
^^^****'^^' eighteenth day of January, eighteen hundred and thirty-seven,
and all other acts or parts of acts relating to the same subject be
and the same are hereby continued in force for the period of two
^roTiao- y®^^8 f^m and after the limitation provided for by an act approv-
j«5nd?o"MUSed March third eighteen hundred and forty-three: Provided^
•^of laafiwaroipi^^^ the forcgoiug act shall not extend to cases which may arise
in aoy future war.
Approved, June \bth, 1844.
Digitized by CjOOQIC
1844 Chap. 75—94. 3017
CHAP. 75. An act for the relief of peraons residing within the repnted
limits of the States of Arkansas or Louisiana, and beyond the boufida-
ry Jine between the United States and the Republic of Texas, as es-
tablished by the commissioners appointed to ascertain the same.
^1. Be U enacted, 4*c., That it shall and may be lawful for peraona form'T-
any person wh<», on the twenty-first day of May, which was inlfnJSJofti^'u.'s'
Ijie year of our Lord one thousand eight hundred and forty, re- ^"' "*!!''" T^iii
Sided within the reputed limits of the States of Arkansas or |i^« ^undary, ai.
Louisiana, as the same were then known and understood, and wiitTaimie^rpi^
who, since the demarkation of the boundary line between the S!"'*'*^''***' ^*
United States and the Republic of Texas, by the commissioners
of the respective Governments, has been found to reside wiihin
the limits of Texas, to remove within the limits of the United
States; and to bring with such person, into the United Slates,
all his or her moveable property of "every kind and description
whatever, any law to the contrary notwithstanding: Provided, J^^^^'^^^^g]^^
always, Tliat any person desirous of availing him or herself of w^jha^»'« of ^h«
the provisions of this act, shall present a petition in writing to pn)^e'^^ibe>f!s
the district judge of the district of Arkansas or Louisiana, as the jad^
case may be, setting forth the facts necessary to entitle him or
her to the benefit of the same, and containing a descriptive list
of the property which he or she is desirous of bringing with him
or her into the United States ; which petition shall be verified by
the oath of the petitioner, and on due proof o.f the facts therein
set forth by competent witnesses, to the satisfaction of the said
judge, it shall and may be lawful for him, and he is hereby re-
quired, to grant to such petitioner a certificate thereof, and that
such petitioner has complied in all respects, with the provisions
of this act, and is entitled to bring into the United States the
property. specified and described in the said petition and certifi-
cate. Approved, June Ibth, 1844.
CHAP. 94. — An act to amend the act entitled " An act to incorporate tlie
Alexandria Caaal Company," approved on the twenty -sixth day of May,
eighteen hundred and thirty. -
^ L Be it enacted, fyc, That if any person or persons shall peraoutinjnrii«
wilfully or maliciously by any means. whatever, injure, impair, orSS!^ "» p»y »
destroy any part of the Alexandria canal, or of its 'aqueducts,
dams, locks, culverts, walls, embankments, bridges, buildings, or
other works now constructed, or which may hereafter be construc-
ted by the Alexandria Canal Company, under the authority of
the before mentioned act, »uch person or persons so offending
shall each of them, for every such offence, forfeit and pay a sum
not less than five dollars, nor more than fifty dollars, to be recov-
ered, with costs, in the name and for the use of the said company,
before any justice of the peace of the District of Columbia; and Justice to i»»
any such justice may, on his own view, or on application to him lyconTicieu tote
made, verified by affidavit, issue his warrant, describing the inju-j2iL^"**'^" *^*
ry committed ; and upon conviction, such justice shall commit
tbeoflfeadertockMe jail| frithoiit bailor mainpriaei until such
Digitized by CjOOQIC
3018 *844 €ha*. 94.
fine iTAd 60Bkt be fMkid, or unfiT di'schargdcl by do^ cburse' of Iriw*
Prt>Ti8o:not to Pr0vided\ hoteft^et, That hothing in this section contained ^ha|l
ESST^rwSJJSriSg be so consii'ued as tO' prevent the said company from recovering
damacea. damages from any person or persons who may commit any of the
trespasses »foreBaid.
Ko per^h ai. ^ %-. AfDd b^ ¥t fwrtknt t^ikMi, That it sbatt noC> be lAvfM
Sdif^ uVa*^^he for any |>erson or persons, other tl^nduch' as shail be engttged in-
ftioSSS "^""^^ navigating tfhe said canal, or i^ the employ me At <rf thft Md com-
l^any, to waUt or ride over or uport the aqwednct eree'ed^ by the
said conrvpany over t^e Potomac river, or to lead of drive any ach'
icnal over or upon the' same; and every persoi^ pflTending hereiff
shall be liable to a fine of not less thapn one dollar nor m^re fhaiV
five dollars for eacH' offeilce, to be* recovered with costs, irt the'
name, aAd for the use of the said compiirty, by Warrant before
any juatice of the peace of the District of Coliimbia.
c«aroomp«>7 \ 3. And be it fwrther tnec^td, ThatU^e PresMt^nt And di«
i^ypaabby *w8. ^^^^.^^ ^f ^^ Ali^xatidria Ca-nalCompaTiy, of a- majority of tfeeiti,
acting in behalf of thesaid compony, shall be. and they are here-
by authorized and empowered, from time to'time, to pass ail by-
laws which may be necessary for* the exercise of^ the powerd vest-
ed in the said company by thebeforementloned'actyor which they
may consider necessary for the orderly and* convenient Conduct
ing of the trade and travel upon thesaid canal, its aquedoctg,
basins, and other \vorks; and for preventing aftd^ removing impedi-
itients to the navigation thereof ; and the stimeto aflter or repeftl*
prortao: by a4 pleasure: Provided^ That ho such by-law be Contrary to any
tSy^'SiawVfur law of the United States. And any pensr^n who shall wiifulty
^peraona vioiat- offcnd agajnst Any sue!) by-law, after a copy tht raof shall have been
j2tio'i[*&?e.'"'^s®*' "P for public inspection' at Icaat ten day»at the toll hoose of
houses on the said cartal, shall, for every such ofTcrtce, fotfl^llaDd
pay to the said company the sUiii of fhre dollars to be recovered
will) costs, in the name of the said company, by warrant before
any justice of the peace in the District of Columbia.'
dtSSSK"^ °Se ^ 4. And be it further enacted, That the said president and
\^^^ **'"**"• directors, or a majority of them, acting in behalf of the said com-
^ pany, may prescribe the form, dimensions, and equipments of the
boats and floats* to be used upon the said canal, with a view to
prevent the accldbntal injury to them, or to the works of the ca-
nal, in passing each other, or in passing by or-through any of the
said ^works: and if the owner, captain, or other person having
charge of any boat or float, shall wilfully or negligently violate,
or refuse to comply with, any such regulation, the said presidient
and directors may require such owner, captain, or other person
to Withdraw his boat or float from the canal by one of the outlets
thereof; or, in the event of his failure to do so, on reasonable
notice, may order the same to be broken up and removed from
the canal, or any of its basins, ponds, aqueducts, or other works;
and in like manner may be broken up and removed therefrom
any boat or float, or other substance floating loose upon, or sunk
therein', the owner of which is unknown, or if known, refuses or
negleicts, after r^faisonabler notice^ to rerfiove the same; and the
Digitized by CjOOQIC
1W4— Cii4P. 94-,^. 8019
toftleriab of .ever)' «ttefa Jbroben sboftt, floti lOr >other suh^^wce, so
broken op aad reeaovjod sbaJl be sold under the direction of ifae
aaid -president and 4ii^€clor8 ; jind tine pnoceeds of every sticl^
Bale, after poyiEig the oosts of breakiog up and removiog the
sanae, abaU be paid over to the owner ihereoC
^ 6. And be ii further enacted, Thst ii shall be lawful for ^^.^'^^yj^J'l
tbe said company to charg^e the cdstomary rattes of dockage and «°<^ wharibcer
wharfage upon vessels lying at, and goods, and other things ladea
er uoladeo at or upon any paer, siole or whaif, wUcb they may
erect in the PoioflBac river in connexion with their said eanal,
and not kiterfeiing with the oorporate rights of ihe city of Alex-
andria.
^ ii. And be it further enacted, That nothing is this ndc^^^; ^[^^*
contained, shall be construed to impair any right posaeased by ^.^ impainu by
tbe said company before the passage thereof: Provided ^Iwaya^ p^viMt c*n-
That Congress may at any time alter or repeal 4he foregoing act, 5J?epe5*ii.'i!:u
or any of its provisions. Approved, June \lth, 1844.
CHAP. 95. An act to provide for the adjustaifent of land elai^ifi within Act of i824 o.
tlie Stajtes of Missouri. Arl^nsas, and (jouisiana, and in iho^^ parts ofivw. "^ ^' ^'
the States of Mississippi and Alabama south pfth^ thirfy-first degree of
north latitude and between the Mississippi and Perdido rivers.
^ I. Beit enacted, SfC, That so mnch of the expired act of ^^f™y»5j~ ^
the twenty-sixth of May one Uiousand eight hundr^ and twen^^^^.-ofaraatiiey
ty-fonr, entitled '^ An act to enable claimants to land within the staie orMrMouii"
State of Missouri and Territory of Arkansas to instittite proceed- vm&^AlJimbZl^
ings to try the validity of their claims," as related to the State of )'ifuj.if„';*" ^„*J
Missouri (expiuding all sach portions of said act ^ referred to tJrV"of%f/J|2>^?
the Terrritory of Arkansas) bei, and is hereby, fevived and re-ioi ** Ai«!"ISr.
enacted, and continued in force for the term of five years, and eree It laluulto"
no longer ; and the provisions of that part of the aforesaid act ^MiLup^J*"* ani
hereby revived and rerenaeied shall be, and hereby are, extend- ^""^^'^^ f»^«W'
ed to the States of Louisiana and Arkansas, and to so much of
the States of Mississippi and Alabama as is included in the dis-
trict of countr) south of the thirty-first degree of north latitqde,
and between the Mississippi ajad Perdido rivers, in the same way
and with the aame rights, powers, and jurisiiiciions, to every eXf
tfsnt they can be rendered applicable, as if the States had been.
enumerated in the original act hereby revived, and the enact-
ments expressly applied to them as to the State of Missouri ; and DUtriet conrt
the district court, and the judges thereof, in each of these States, fjon o7 ^r^^ll]
shall have and ^Jier^^the like jurisdiction over the land claims, f^p'"^^^^<^^''R'i*^**
in their respective States and districts, origiuating with either the
Spanish, Fc^nch, or British authorities, as by said act was ^iven
tp the epurt, and the judge thereof, in the State of Missouri.
Approved, June 17/ A, 1844.
CHAP. 96. An aot conQeraing the^upreme Court of the United States.
^1. Beit enacted, fyc. That from and after the passage of ^'^''^^^^'^^J;
this act, the sessions of the Supreme Court, heretofore commeno- oMmoM uieflnA
Digitized by CjOOQIC
3020 1844— Chap. 96—97.
Smi7in"eMh^^ ''"^ held Oil the secoiid Monday of Janaary, annaally, shall
yeur.and 1.11 mils instead thereof be commenced and held the first Monday of De-
roTryedTjiiiere^ceniber, aonually ; and all actions, suits, appeals, recognizances,
l£C"»*?f*J*'"«iP'"^^^^^^^ writs, and proceedings whatever, pending, or which
aot bMD altered. ^Q^ [^g pending in said court, or returnable thereto, shall have
day therein, and be heard, tried, proceeded with, and decidedi in
like manner as if the time of holding said sessions had not been
hereby altered.
p,i.S* t w iX ^ 2. And be U further enacted, That hereafter it shall not be
|;jj"7;;j„^';;"«;';|the duty of the Justice of the Supreme Court assigned to any cir-
oait Court io each eu it to attend morc than one term of the circuit court within anv
year , leriii tubn,..^,... , •■..
deiifoated by district of such circuit m any one year; such term to be by him
'**"' from time to time designated with reference to the nature and
importance of the business pending therein and the public coo-
venience ; and at such term, appeals and writs of error from the
district court, questions of law arising upon statements of fact
agreed by the parties or specially reserved by the district judge,
and cases at law and in equity of peculiar interest or difficulty,
shall have precedence in the arrangement of the business of the
^jJJjyjJJJUJ^ "y court ; but nothing herein contained shall be construed to take
away the right of such Justice of the Supreme Court, in his dis-
cretion, to attend any other terms of such circuit court, whenev-
er in his opinion the public interest or special exingencies may
require it. Approved, JUne 11 thy 1844.
CHAP. 97. An act respecting tho northern boundary of the State of Mia-
Bouri.
One cornmia. ^1. Be U enacUd, fyc, That there shall be appointed by the
p^nUd**i.y loi^ Governor of Iowa Territory, by and with the consent of the
"uiirwho arc to council of said Territory, a commissioner, to act in conjunction
uIUTommiJ'ion! With such commissioncr as may be appointed by the State of
orsihentoro.iihoj^jggQQri anj guch third person, not a citizen of the State of
Irauiidnrv line be'** .»«. f v i^j* ii ■
tween luwa and Missouri or Tcmtory of Iowa, as may be designated by the two
tu'rTIIiatBahd iTcommissioners aforesaid ; the duly of which said three persons it
porta of the fame, gj^^ll ^^^^ ^^ acscrlain, survcy, and mark out the northern boun-
dary line of the State of Missouri, and to cause phtts of the said
line, when so ascertained, surveyed, and marked out, to be re-
turned to the offices of the Secretary of State of the United
Slates, of the State of Missouri, and. of the Territory of Iowa,
which plats shall be accompanied by reports of their proceedings
toa'i:;Srnl"a"rin the premises. ^ ^,. .. ,_
teyor, and Com- ^ 2. And be U fufther enacted^ That said three commission-
rur'nyma'tohaveers, or a majority of them, shall have authority to appoint a sur-
diy''^ **aMi«aS?I veyor, and engage the necessary assistants and laborers, to ena-
5o?tJ'o'lSUdi'';jble them to ascertain, survey, and mark the said line; and the
doiiaraper day. compensation of Said commissioners, and of the surveyor employ-
ed by them, shall be at the rate of eight dollars per day, for so
many days as they may necessarily be employed about the busi-
ness aforesaid ; and the laborers and assistants shall be paid iuch
compensation as may be agreed upon between each of them and
Digitized by CjOOQIC
1844 Chap. 97— 98. 3021
the coitiinissidnerB) or a majority of them, not to etceed two doU
krs per day.
^3. And be U further enacted, That the report, as afore- ^R-pj^fj;^**.
aaid, of any two of said commissioners, shall be final and conclu- ^nen sxiog th«
elusive, and the line so ascertained, surveyed, marked out and befinai? °*
returned as aforesaid, by any two of said commissioners, shall be
the northern boundary line of the State of Missouri.
§ 4. And be U further enacted, That this act shall not go^J^^^l^^^^
into force until the Legislature of the Slate of Missouri shall |2Jj"^^„*Jf&J^j;
have assented to \he some, and agreed to abide by the award of,*. ""**
said commissioners, or any twt> of them, as final and conclusive ; ^.qqo appro-
and the sum of four thousand dollars is hereby appropriated, out p"***^-
of any moneys in the Treasury not otherwise appropriated, to
carry into efTect the provisions of this act.
Approved, June l7/fc, 1844. ♦
CHAP. 98. An act to extend the charters of the Diatrict Banks.
^ I, Beit enacted, ^c. That all actions suits and jtidgments ^Jf,j{JViw tanii u
in law or equity commenced and now pemling or which may J^^?J"^ J!^*^
hereafter be commenced by or against either of the banksofofihe «kpiratioo
the District of Columbia whose charters expire on the fourth day Sii'^Jro^ny'to
of July eighteen hundred and forty-four for the 'colleciion of any •^'^'^ ^'"•'
debt due or the recovery of any right belonging to said banks
shall not abate or be in' any manner estopped by reason of the
expiration of the charter of the bank commencing the sartie but
may be prosecuted to final judgment and execution in the same
manner a? though said charter had continued in existence, any
law, usage or custom to the contrary notwithstanding; and all
goods, chatlels, lands, tenements and hereditaments seized on
mesne proce8s,attached, levied upon, set off, or in any way assign-
ed and made over to said bank, or which would in any manner
have become the property of said bank had the same continued
in existence in any action ,suit,judgment or execution aforesaid or
otherwise, shall enure to thenrustee or trustees, assignee or assign-
ees receiver or receivers of said bank if any shall be appointed
by the stockholders or otherwise
^ 2. And be it further enacted, That the trustee or trustees, Tnirt*^, j^.,
assignee or assignees^ receiver or receivers who may be appointed eomnMoci. Miu,
to' collect and receive the assets Of any bank whose charter shall S'i^JJSJ^;
expire as aforesaid and to adjust, settle, and liquidate the debts •»«» "•^"»~"-
due from said banks shall have full power to commence and in-
stitute air necessary actions, suits or other proceedings in law or
equity, in "the name of said bank, and prosecute the same to final
iudgment and execution : Provided, That the Court in which flTt"^o^«oeivi
such legal or equitable proceeding shall be commenced, shall first ••«"i*J «» «*i--
receive sufficient security for the costs which may be recovered
by the opposite party. Approved, June llth, 1844. .
50
Digitized by CjOOQIC
3023 1844 Chap. 100-101.
Act of id^j- CHAP. 100. An act soppJementary io- an act entitled ^ An act to lefS*
r<Mt e. Fto. late arrests on mesne process in the District of Cciumbia" approvjMl
August first, eighteen hundred and forty-two.
No pereoD Io ^ \, Be U cnactcd, fyCy That no person ehall hereafter be
imprisoood i'n^heldto bail or imprlsoned in any civil action in the District of
f^bo^deM^iiTic^Colunibia, in any case where the debt or claim, exclusive of iD-
JIi?ii)Sf!iow"i!a"il! terest nnd costs, is less than fifty dollars, and in cases where Iw
bi*and 'dufhirg-^^y ^^^^ bccn, or shall hereafter be, held to bail under the act,
ed, and bereafior (q which this IS a Supplement ; and that every person who at the
free from arrest. . ^ , r *i • * l ii l l i j •
lime of the passage of tins act, shall be held in prison or pnsoo
bounds, in any civil action, except'in the cases hereinbefore roes-
ProTito:irp]aiii.(i<)')6d, shall thereupon be immediately discharged : ProMedj
tliaiSfcSanru'^*^^^ if any plaintiff in any civil action after judgment shall hare
aboDt lo dinposebeen obtained by him or her, shall make oath according to law,
rem^wKh^^i'n- that the defendant or defendants has or have conveyed awaj,
J^iwj of^Jiiy-'cssened, or disposed of his or their property, rights, or credits,
mJr""tr*a*Dd^^ •'' ^^ ^^^ about to remove, or hath or have removed, his or
i^d^y'de^fendani ^^^^^ pmperty from this District, as he or she believes, with intent
J|^sy«'ty may »>e thereby to hinder or delay the recovery or payment of his debts,
mprisone . ^j^^ clcrk of the court of the county in which such judgment shall
have been rendered, shall thereupon issue a capias ad satisfac-
iendum in the same manner as though this act had not been pass-
ed : and upon the arrest of any such defendant or defendants qo-
der such capias ad satisfaciendum, he or they may be brought bj
habeas corpus before the court of such coiinty, if in term time,
and before one of the judges thereof in vacation, and may call
upon the plaintifTor plaintiffs, to show cause why he or they, the
said defendant or defendants shall not be discharged from said im-
prisonment ; and upon such notice, either party nwy demaad a
trial by jury ; and thereupon the said court or judge shall direct and
issue or issues to be framed upon the affidavit so filed, nnd shall
cause a jury to be impannelled and sworn to try such issue or is-
sues, and if the finding of the jury upon such issue or issues, shall
be for the plaintiff, such defendant or defendants, shall be there-
upon remanded to prison, and be dealt wi(h as though this act •
^^J»;Jj®j;,» [•■had not been passed : And provided further^ that nothing in
ken in custody, this act sliall bo construed to authorize the custody or imprisoD-
Dora non<re«ident «. r r i • •! *
fbr dttbu ooturment ot any female person on civil proce^nor to any non-resi*
^p'ovilo^i'ihi.aet dent for any debt contracted out of the District of Colombia.
TuS!>S7p^^»^^^^^^^^> That nothing contained in this act shall prevent tbs
Jhaf^^hand."" '®^®^"^*^" ^^ proccss already in the hands of the marshal and not
yet executed. Approved, June nth, I8i4.
CHAP. 101. An act concerning conveyances, or devisaf of places of
public worship in the District of Columbia.
^neonreyaaeea, ^ 1. Be %t Bnocted, ^c, That when any lot, or part of iil<^
puiiiie wonb?p ?o tract, or parcel of land has been heretofore conveyed or deviie4>
t'oj'nfr Se paJlto ouB Of moro trustocs, for the use and benefit of any religion*
poBo of ihe trust, congregation as a place of public worship, the same, aod all
buildings and other improvements thereupon, shall be hetd b;
Digitized by CjOOQIC
them and their
ftcttcewori.
1844 Ghap. 101—102. 3033
such trustee or trustees (or their 8acce88ors)for the purpose of
the trust, and not otherwise.
^ 2. And be it Jurther enacted. That when any conveyance ^^/^^^J^"^ """^
or devise, has been heretofore, or shall hereafter be made, of such «»wT "
property for the use, and benefit, and purpose aforesaid, the same
shall not be void or frustrated by reason of the want of trotees to
take and hold the sdme in trust, but trustees may be appointed
in the manner .hereinafter directed.
^ 3. And be it further enacted. That when such convey- c««"«' <»»"
.ance or devise has been heretofore, or shall hereafter be made, wifon^^'VrSint
whether by the intervention of trustees, or not, the circuit court Iit7e?**;o"**b!fuI
of the District of Columbia, sitting in the county where such
property is, or may be situated, shall, on application of the
United Slates attorney for the District of Columbia, on behalf of
the authorized authorities of any such religious congregation
hare full power and authority to appoint trustees, originally, when
there are none, or to substitute others, from time to time, in
cases of death, refusal, or neglect to act, removal from the coun-
ty, or other inability to execute the trust beneficially and conven-
iently ; and the legal title shall thereupon become exclusively
vested in the whole number of the trustees and their succes-
sors.
^ 4. And be it further enacted, That, a majority of the act- .„ff JJli^^,***"'*^^
ing trustees for any such congregation may sue and be sued ia'y^ *»•**»• ■"•«»
their own names, in relation to the title, possession, or enjoyment
of such property without abatement by the death of any of the
trustees, or substitution of others : but the action or suit may, not-
withstanding be, prosecuted to its final termination in the names
of the trustees by or against whom the same was instituted, and
all other proceedings had in relation thereto, in like manner as if
such death or substitution had not occurred ; Provided however, ^^^^^i^^f^^^
That such trustees, for the use of any religious congregation, shall f ow roiigioui
not hereafter take or hold at any one time, any tract of land in the moTe'^'^K ao
county exceeding in quantity fifty acres, or in any incorporated S^^I^o^'ifnty^OT *3
town exceeding three acres ; nor shall such real property be held po'r^Ied town"*^''
by them for any other use than as a place of public worship, re- ^'^^;%^^^^^^
ligious or other instruction, burial ground or residence of their »<>"« pu'poie*.
minister. Approved, June lllh, 1844,
y __^
CHAP. 102. An act to continue the pensions of certain widows. 4i5amep.*^6?*
_ ,. . » o rr^i I • . Act of March 3,
^ \, Beii enacted f ^c, That the act granting pensions to 1343, granting
the widows of certain revolutionary soldiers approved the third ^TexteadedTror
day of March, one thousand eight hundred and forty-three, be MirXi. jsi^"™
and the same is hereby revived and extended from and during
the term of four years from and after the fourth day of March,
one thousand eight hundred and forty-four, to have the same ef-
fect as if said act had been a grant of pensions for. five years in-
stead of one year from and after the fourth day of March, one
thousand eight hundred and forty-three.
^ 2. And be it further enacted. That such widows as have
Digitized by CjOOQLC
3026 1844 Chap. 105.
and employments therein before mentioned, except such as were
oiberwise limited by the act, shall be continued until the first day
of July, one thousand eight hundred and forty-four, be and is
ProTisioot «f hereby repealed ; and the various provisions of the said act coo-
Sd%lStrtS*?n corning the said several offices and employojents thereby legali-
iSS!"" ^*^ ''zed are hereby re-enacted, and declared to be in full force and
operation until the first day of July, one thousand eight hundred
For eompaata-and forty-fivc, and no longer. That, for the compensation of the
e^i^fm^ 'to- several offices and employments legalized by the said act of the
f^'^^^^*!'** twenty-sixth day of August, one thousand eight hundred and
forty-two, fop the fiscal year ending the thirtieth day of June, one
thousand eight hundred and forty-five, the sum of forty-one thou-
sand, eight hundred and eighty-two dollars and fifty cents be,
secreury ofaud is hereby appropriated. That the Secretary of the Senate,
orHii«llo^ion*^and Clerk of the House of Representatives be, and they are
tionJi Seiir^^for '^^''^'^Xj authorizcd to continue, for one year, the employment of
oD«year. the additional clerks authorized by any existing resolution of their
$9,000 fiir their respective Houses, and the sum of nine thousand dollars be, and
eompeiuBtioD. |jgj.g|^y jg^ appropriated for their compensation.
frc to pubr«h <^ 5. And be it further enacted, That the Secretary of the
pnc^ingy^Jkii'^^^^^^^y cause to be published in some newspaper of the city of
■tatemeni ouhe Washingtou, ou the first day of each month, the last precedios
Treasurer, dec,, o ' rim r t -rr ' * e>i ,
aod any cMnge Weekly Statement of the Treasurer of the United States, show-
^HoriM of theing tho amount to his credit in the different banks, in the mint,
Treafury. ^^ Other depositories, the amount for which drafts have been giv-
en, and those remaining unpaid, and the balance remaining sub-
ject to his draft ; and that he also specially note any changes that
have been made in the depositories of the Treasury during the
preceding month, and report to Congress, at the commencement
of its next session, the reasons for such changes. And that bo
changes be made except for non-compliance with the instructions
of the Department or the failure to furnish sufficient security.
«?ntVof iJ^ip'?; ^5^ 6. And be it further enacted. That the Secretary of the
to1ie"Eb"uboJ!* Treasury at the expiration of thirty days from the end of each
quarter, cause to be published in some newspaper of the city of
Washington a statement of the whole receipts of such quarter,
specifying the amount received from customs, from' public lands,
and from miscellaneous sources, and also, the whole amount of
payments made during the said quarter, specifying the general
head of appropriation, whether for the civil list, the army^ the
navy, Indian department, fortifications, or pensions.
Namberofoffi. <^ 7. And fee it further enacted. That the number of inspcc-
tom houMi^'n'ttors, guflgcrs, weighers, measurers, or markers, in any custom-
J^'*^^ ^'jJJJJ^P^y' house shall not be increased beyond the number now in service;
rh!u7^b lit"^''*' ^^^^ "^ allowance shall be made to aiiy inspector, for any
^ services, subsistence, travelling or any other amount beyond the
amount fixed by law of three dollars per day, and not to exceed
ten cents per mile for travelling expenses when actually engaged
in the performance of his duties- at any other place thaathe port
or cuBtom-house from the collector of which he has received his
appointaieBt. Approved, June I7/A, 1844.
Digitized by CjOOQ IC
1844 C«AP. lOr. 3027
CHAP. 107. An act making appropriations for the naval service for
the fiscal year ending the thirtieth day of June eighteen hundred cuid
forty-five.
^ 2. And be it further enacted. That there be and there is here- Amjrican b«iap,
by appropriated the sum of fifty thousand dollars to purchase
American water-rotied hemp for the use of the navy and to pay
the cost of agencies of purchase as established by law. And no 'J".";'*" *»«"p
further purchases of foreign hemp shall be made for the navy of^'**
the United States, except so far as a supply of American hemp
of proper quality and at as cheap a price cannot be obtained.
<5> 3. And be it Jurther enacted, Th^t so much of the first ing offl««*dolL«
section of the act entitled " An act to regulate the pay of the ^^''Jf thJi^'Ji*
Navy," approved the third of March one thousand eight hundred ropeoiwi,
and thirty-five, and the twelfth section of an act entitled '* An 3oo,*^'voi. 4/ p.*
act to regulate the pay of pursers and other ofl^cers of the Navy,^*Actof i84a,c,
passed August twenty-sixth, eighteen hundred and forty-two, as ^^ *"*• p- ****•
piovides that officers temporarily performing the duties belong-
iqg to those of a higher grade shall receive the compensation al-
lowed to such higher grade, while actually so employed^ be and
the same are hereby repealed.
<& 4. And be it further enacted. That no person shall be em- i>"*»»"''»f •«•»'«
11 '111. • 1 ^1 abroad to be con-
pi Oyed Or continued abroad, to receive and pay money for the firmed by the Sen.
use of the naval service on foreign stations whether under contract* ^'
or otherwise, or to perform the duties usually j>erformed by navy
agents, who has not been or shall not be appointed by and with
the advice and consent of the Senate ; Provided, That this shall Prori.©.
not apply to the disbursement of any sum now in the hands of
any person heretofore employed four such purposes.
4 5. And be it fwMier enacted, That the Secretary of the ^"^p ^r
*T I • !• ■ I I II 'ft relinquish aait
Navy be empowered to rehnquish and pay all reservations of the pay an of ten pvr
ten per centum upon deliveries made under all contracts with theS? ' ^
Navy Department where these reservations have arisen and the
contracts been afterwards extended, or where lhe"contracts have
been completed after the time of delivery by and with the con-
sent of the Department, or in all cases where the contracts have
been dissolved by the like consent, or been put an end to, or an
extension thereof been prevented by operation of law, when no .
injury has been sustained by the public service ; Provided^ That ^*'^
this section shall not extend or apply to any case where the res-
ervations shall have been made on contracts which have been
expired more than five years befpre the first day of January last.^.g^^^Vtot-
<^ 6. And be it further enacted^ That the sum of fifty thou- wa reef,
■and dollars be and the same is hereby appropriated, for the com-
mencement of fortifications on the Florida reef, including Key
.West, and the Dry Tortugas, at such position as, in«the opinion
of the President, may be best adapted for the command of the
straights of Florida, and the generardefence of the Gulf of Mex-
icc. 4ppfove(i, Jun^ nth, 1844.
Digitized by CjOOQIC
3028 1844 Resolutions, 1—6.
RESOLUTIONS.
[No. 1.] A joint resolution accepting the sword of Washington and staff
of Franklin.
Preamble. Whercas, by a joint resolution which passed both Houses of
Congress during the third session of the twenty -seventh Congress,
the sword of fVashington and the staff of Franklin, presented
to Congress by Sanauel T. Washington, of Kenawha county, Vir-
ginia, were accepted in the name of the natiiin, and the thanks
of Congress were presented therefor to the donor, and the Presi-
dent of the United States was directed to communicate to the
said Samuel T. Washington a copy of said resolution. And
whereas, said resolution did not reach the President of the Uni-
ted States before the adjournment of Congress, and did not
therefore receive his approval and signature. And whereas, the
President of the United States did communicate to the said
Samuel T. Washington a copy of said resolution : Therefore, in
order to vest the title to said relics in the United States,
BtSrSciptedTtS Resolved by the Senate and House of Representatives of the
8teuS^nmeL°t ^^^^^^ States of America in Congress assembled. That the
said sword and- staff are hereby accepted in the name of the Na-
tion, and they be deposited in the Department of State of the
United States for safe keeping. Approved, March 4tt, 1844.
[No. 2.] Joint resolution of respect for the memory of the donor of the
Camp Chest of General Washington.
- senM of the Resolved, fyc, That the Senate and House of Representa-
^Si uiftifl^^ tives take pleasure in recognising to the widow and family of the
toiif of w*°s! late William Sydney Winder, their high syse of the value of the
Winder, bjcon- bequest Contained in his will, and in expressing their respect for
''*^ the memory of the donor. Approved, April 30/ A, 1844.
[No. 3.] Joint resolution accepting the Camp Chest of General Wash-
ington.
Gunpcbettac' Resolved, ^c, That the Camp Chest of General George
dSSritedi*'*ai°*lI Washington, which he Used during the revolutionary war, be-
gf]2J[.5gj;,i°queathed, by the last will of the late IVilKam Sydney Winder to
the Congress of the United States, be and the same is hereby
accepted, and that the same be deposited, as a precious relic to
be preserved in the Department of State.
Approved, April 3(WA, 1844.
fNo. 5.1 Joint resolution providing for the printing of additional copies of
post, ReeolutioQ I J . . i j ti- i
no. 11. the journals and public documents.
Fifty additional Resolved, 4*c., That there shall hereafter be printed fifty cop-
jSaJJataaiSdli^ ies of the public journals and documents of the Senate, and one
SfiSJt'Sf /h! hundred copies of the public journals and documents of House
SSSrUl^u^f Representatives, in addition to the number now required by
pelted. lavv to be printed ; and that fifty copies of said journals and doc-
umenu, in addition to the number now deposited with the Sec-
Digitized by CjOOQIC
1844 ^Resoltttions, 6— 10. 3029
retary of Stale, shall hereafter be annually delivered to that offi-^f2J^J,,^J^^«i
cer for distributjon according to law ; and the residue of said <» ti>e seereuTy
journals and documents shall be deposited in the Library of Con- tnbottoli/^' ^"'
gross. Approved, ApHiaOih, 1844. ,J^1:tin^£i
„__^ Library of Gm-
[No. 6.J Joint resolution in relation to certam property purchased for the
use of the United States at the port of Bath, in the State of Maine.
Resolvedy ^c,y That the Secretary of the Treasury shall have secreury or um
charge of a certain lot, with the buildings thereon and appur- ^HH^^ot^ a Ya
tenances, late the property of the President, Directors and Com- !!f Ul^Bath'Jteol^
pany of the Bath Bank, in the town of Bath, in the State of JJ^^jJJhSaJtJ?,
Maine, taken in execution at the suit of the United States, Bome«^^Mt^^|de
years since, soIJ'and bought in by the United States some years owof a '
since ; and he shall have power to set apart the said premises
for the use of a custom-house and such other public uses as he
UMiy judge to be expedient and proper, until the further order
of Congress in the matter. Approved, May 23d, 1844.
CorpoimU u-
thoritn* oTBalll-
[No. 9.[ Resolution authorizing the corporation of Baltimore to use a buil-
ding of the United States at Lazaretto Point.
Resolved, ^c, That the mayor and city council of Baltimore
be and they are hereby authorized to use, as often as may be ^*;*|{f pjj^^ ^I
found necessary, the public building at Lazaretto Point, near the ^™ilJf ^^
harbor of the port of Baltimore, for the reception and accomoda- tod to fo obimi-
tion of such passengers in ships or vessels arriving at that port as ^'roTi«o:Dotto
may from time to time be reported in an unhealthy state. Provid- m' b^ Si'^n?
ed. That in such use of said building by the city of Baltimore, the '^'^^
same shall not interfere with or obstruct the occupation there-
of in the manner and for the purposes required by the Govern- Ptorito : om to
ment And provided, further, That the said occupation of said J; .hS'J^wtiS
building by the city of Baltimore, shall be discontinued or sus- of OM^SMiMa'^
pended upon the requisition of the Secretary of the Treasury,** ^ "^u^.
' whenever he shall deem it necessary for the use of the Govern-
ment. Approved, June 3d, 1844.
~~ ' " Act of 1890, 0.
[No. 10.] A resolution respecting receipts issued by the Treasurer of the J^ ^»'* '» p-
United States, in payment for public land. _
Resolved, ^c, That any certificates which have been issued }J2*U;sJ,^p:
by the Treasurer of the United States, in favor of individuals 5»^»j»j^^f>jj<5»nj
who have deposited moneys at the Treasury in payment for lands ^.^^^^"^^
intended by them to be purchased under the act of Congress ap-^^iofymMt
proved April the twenty-fourth, in the year of our Lord one thou- ^**' **"**"* '*"*"
sand eight hundred and twenty, entitled '' An act making further
provision for the sale of the public lands," and which certificates
have been assigned, may be received in payment for public lands
purchased at public sale or by private entry ; and any receiver
of public moneys who may have received such certificates in
payment, as aforesaid, may be credited with the amount thereof,
upon delivering them duly transferred to the Treasury.
Approved, Jwfie \W^, 1844.
51
' Digitized by CjOOQIC
3030 [1844 Resoh;tions, 11—16.
Aoto RoMiation [^fp. i]^] A. resolution suspending the joint resolution providing for the
^ , printing of additional copies of the journasl and public documents.
ikf^SS^mlo! Resolved, fyc.y That the resolution " providing for Ihe priol-
Ifoi**SfCOTfr!2i'"8 ^^ additional copies of the journals and public documents,"
shall be suspended and take cflTect only from the commencement
of the next session of Congress. Approved , June \2tk, 1844.
[No. 12.] A resolution to continue two clerks in the business of reserva-
tions and grants under Indian treaties.
Continued till Resolved, ^c.j That the authority given to the Secretary of
tjcZ^eilr"^ ^^^ ^y ^^^ i°'"^ resolution approved May eighteenth, one thou-
sand eight hundred and forty-two, to continue for two years the
employment of two clerks in the business of reservations ond
grants under Indian treaties, is hereby extended and continued
till otherwise directed by Congres
s.pproved, June \Zth, 1844.
[No. 14.] A joint resolution in relation to the transmission of the British
mail between Boston and Canada, and for other purposes.
•fBi*t?'make^iT Resolved, ^c.^ That the Postmaster General be and be is
nngvmenu with hcrcby authonzcd to make such arrangements as may be deemed
•nmen'trortrani- expedient with the Post Office Dnpartment of the British govem-
rolSnnibeirJj^ mcnt fOr the transmission of the British mail in its unbroken state
t^^fSMu^^^ condition between Boston and Canada,
cnnada. Beit further resolved, That the Postmaster General be and
•rai to make ar- hc IS hereby authoTized to enter mto such arrangement or ar-
th?Bu?bor?tiefllrrangements with the proper authorities in France and Germany,
mIii7»ni"owMM a"<l ^he owners or agents of vessels plying regularly between
trantmiukln ^of^'*^^® counlrics and thc United States, whereby a safe and as
g*»jj^e^ween u. near as possible a regular direct mail communication, under offi-
'"**^' cial guaranty, between the United Stales and the continent of
Port! of Bremen Europe, viz : the ports of Bremen in Germany and Havre io
Shen*t7'bo"*!^''*^"ce, and such other principal ports on said continent as the
Jwul^ may ^te Postmaslcr General may deem most proper, shall be secured— so
paid where inaii- that the cutirc inland and foreign postage on letters and all other
mail matter, sent over sea from and to the United States, to and
from any part of France and of the States comprehended within
the German Customs Union, and of those countries on the con-
tinent, between which and France and of the said German
States there exists a continued arrangement of the like kind, may
be paid at the place where they are respectively mailed or re-
ceived. Approved, June 15fA, 1844.
[No. 16.] A joint resolution authorizing the transfer of certain clerks in
the Treasury Department.
Pec. of Tmaror, Resolved, fyc, That the Secretary of the Treasury be, and w
"l!'i?"."*^"*»'** hereby authorized to transfer from any office or offices of the
cierM lo collect rti-rv r i-ii*«~ •!••
and arranm atau ircasury Department from which their services may in his opin-
uoo^ftbe'Mvma ion be dispensed with, three or more clerks to be employed on*
^uHa^miiT. der his direction in collecting, arranging aod classifying such sta-
Digitized by CjOOQIC
1844 Resolutions, 16 — 18. 303I
tistical information as may be procured, showing or tending to
show each year the condition of the agricultare, manufactures,
ddh^pstic trhde, currency, and bands, of the several States and
Territories of the United States. The clerks which may be trans- c<erkt lo r«.
ferred and employed under this authority shall receive the same JJ*JJ^."*"* i*'
salaries as at present — and a report containing the results of the
information obtained upon the before mentioned subjects, shall ^''p^ «o i»
be annaually made to Congress by the Secretary of the Treas- •nnoaiijP*''*"
ury, on the first Monday of January.
Approved, June 15^t, 1844.
[No. 17.] A reeolulion relating to the public lands appertaining to the ar-
mories of Springfield and Harper's Ferry.
Resolvedl, fyc, That the Secretary of War be., and he is here- soo. or war
by authorized to alter, establish and settle the boundary lines be- JJJ,^,"l'i' ^i*»«
tween thQ United States' lands at the Springfield armory and the*j»*'2i<»«*'i>«ii«y.i"ff
contiguous lands belonging to the town of Springfield in thewtb*e ^rtreeu^'Sbf
State of Massachusetts and to individual citizens, in such a way ieSieSw!** *^'
as may be best calculated to allow the laying out and altering of
streets and highways for the mutual convenience and advantage
of all parties ; and for this purpose he is further authorized to ^^7 •Mhanta
exchange and convey, and to receive from the corporote author- laod^^/thaT^^
ities of Springfield, or to and from individual proprietors, such*^**
fractional parts of land as may be necessary for the accomodation
and convenienoe of the town of Springfield in running its pub-
lic streets and highways, and of the armory in securing the safe-
ty of, and free access to its workshops, arsenals, and other public
buildings ; and to grant on the part of the United States, and
receive from the corporate authorities of Springfield or from indi-
vidual proprietors, deeds and titles for the lands so exchanged and
disposed of to establish convenient boundaries.
^ 2. And be it further resolved, That the Secretary of War Aathoriitd to
be and he is hereby authorized and empowered to ratify and J*Jf^ mli JfS
confirm an exchange of land at Harpers's Ferry in the State of thaTalprfim/iy
Virginia, which has been made between the United Stales and pJr»i*Pe?rV,*iS
the Wager family for the purpose of securing a more convenient 5!iSt*"for*liS
access to the workshops of the United States armory at that'
place, and to give and receive deeds to and from the persons
lawfully holding the land thus obtained from the United States,
and the legal owners of the land, the occupancy of which was
transferred to the United States in exchange therefor.
Approved, June nth, 1844.
[No. 18.] Joint resolution tendering the thanks of Congress to the British
authorities at Gibraltar, and the commander, ofiicers, and crew of her
Brittanic Majesty's ship Malabar.
Resolved, fyc, That the President of the United States ^ J^^^^ ^^
requested to communicate to the British Government, in such tSiST^'iio ^Uf?
manner as he may deem proper, the high sense entertained byS^^r^'lJSI
Congress of the generous zeal displayed by the British authori- S^^T^'m ^
Digitized by CjOOQIC
3032 1844 ^Resolutions, 18.
MiDfaif Jl^ties at Gibraltar, and the Commander, offioen and crew of her
Mimri. ^ Brittanic Majestjr's ship Mahbar in endeavoring to save from de-
gtruction the American steam frigate Misaonri, and in pre8enr^^{
the lives of her officers and crew, as well as of the kindoe«''aiHl
hospitality which characterized their treatment of the ship's com-
pany of that vessel, after her anfortanate destruction by fire.
Approoed, June nth, 1844.
Digitized by CjOOQIC
ACTS OF THE TWENTY-EIGHTH CONGRESS 1845.
or
THE UNITED STATES ;
Passed at the Second Session, which was begun and held at the
City of Washington, in the District of Columbia, on Man'
day, the second day of December, one thousand eight Atin-
dred andforty-four.
John Tileb, President. Willie P. Manoum, President of
the Senate, protempore. John W. Jones, Speaker of the
House of RepresentatiYes.
In CSM of BO
CBAP. 1. An act to establish a uolform time for holding elections for
electors of President and" Vice President in all the States of the Union.
%\. Be U enacted by the ^enate and House of Rep- Ei^tioiiday.
rtseniatives of the United States of America, in Con-
gress assembled, That the electors of President and Vice Pres-
ideot shall be appointed in each State on the Tuesday next after
the first Monday in the month of November of the year in which
they are to be appointed. Provided, That each State may by
law provide for the filling of any vacancy or vacancies which may
occar in its college of electors when such college meets to give
its electoral vote. And provided also, when any State shall •>•««««»•
have held an election for the purpose of choosing electors, and
shall fail to make a choice on the day aforesaid, then the electors
maybe appointed on a subsequent day in such manner as the
State shall by law provide. Approved January 23cl, 1845.
CHAP. 2.— An act to correct a clerical error in the act supplementary to
an act to regulate arrests on mesne process in the District of Colambia,
and to amend the title thereof.
^l. Beit enacted, if c, That the act entitled <<An act sup- canwaoB oi
plementary to an act entitled ' An act to regulate arrests on ^m^*
n^esne process in the District of Columbia,' " approved June sev-
eoteenth, eighteen hundred and forty-four, be corrected, so as to
insert, between the words " and'* and " in,'* in the si.\th line, the
words « in cases where the principal of the debt exceeds thai m ^^*'
^onotml, no person shall he imprisoned as aforesaid, excepe\
Digitized by CjOOQIC
3034 1845 Chap. 2—5.
TitiAiBMided. ^ cj^ ji^ji i^ {t further enacted, That the title of the said act
be amended by adding the words : <' and to abolish imprisonment
for debt in ihe District of Columbia, except in cases of fraud."
acSn'ixSifed! 3. And bc it furthev cnacted, That nothing in the said act
passed the seventeenth of June, one thousand eight hundred and
forty-four, or in this act, shall be so construed as to extend to any
suit or action brought by the corporate authorities of either of the
cities of the said District to recover a penalty imposed by any or-
dinance or by-law of such corporation for an infraction of its by-
laws and ordinances. Approved, February Ath, 1845.
CHAP. 4. — An act confirming and assenting to an act of the Legislature
of Virginia entitled •* An act furllier to amend the act incorporating the
Chesapeake and Ohio Canal Company."
^ 1. Be it enacted, ^c, That the act of the Legislature of
Act MoflnnMi Virginia, entitied " An act further to amend the act incorporating
the Chesapeake and Ohio Canal Company," which was passed oa
the twentieth day of January, in the year one thousand eight
hundred and forty-four, be, and the same is hereby, ratified, con-
Po^. firmed, and assented to : Provided, That this assent and confir-
mation shall not be so construed as to bind the United States be-
yond their interest in the stock in said company, nor as either
affirming or denying the validity of the rights or liens of the
State of Maryland referred to in the third section of the said act
Fartterprovifo. of Virginia: Provided, also, That nothiifg herein contained shall
be held or construed to impair the rights of any individual or cor-
poration derived from the original act of incorporation of the said
Chesapeake and Ohio Canal Company.
Approved, Ftbruary 1th, 1845.
CHAP. 6. — An act to repeal ^* An act for the better organization of the
district court of the United States within tlie State of Louisiana," and
for other purposes.
AeiimeaM. '^ !• Bc it enacted, ^'c, That the act entitled " An act for
m vous^kS; ^'^^ belter organization of the district court of the United States
within the Stale of Louisiana," approved on the third of March,
one thousand eight hundred and twenty-three, be, and the same
Is hereby, repealed.
Aetiomoriiiiti ^2. And be it further enacted, That all criminal actions
C"ir2jfe*wJ iJor civil suits which have arisen in the district court of the United
g{y^Vi!i5;*y *^ States for the western district of the Slate of Louisiana, and
which are now pending therein, together with all process, writ?,
recognizances, and records, belonging thereto, shall be transfer-
red to New Orleans, and there disposed of by the district court
of the United State:} for the eastern district of Louisiana, as suits
are disposed of originating in the eastern district of said State.
iHjtn*SaTiiJ''r5; ^ 3. And be it further enacted, That the district court of the
JhJ wM?o5r* United Slates for the State of Louisiana shhli hold one term of
tiiei. said court, in each and every year, in the city of New OrleanSi
which shall commence on the first Monday of January, and con-
tinue unless the business shall be disposed of, for the trial of all
Digitized by CjOOQIC
1846 Chap. 6—16. 3036
criminal actions and civil suits which have arisen, or which may
hereafter arise, within the present limits of the said western dis-
trict of the State of Louisiana.
Approved February iZth, 1845.
CHAP. 13. An act for the purchcf^e of certain copies of the History of
Oregon, California, and the other Territories on the Northwest coast of
America.
^ J. Beit enacted, fyc, That the Secretary of State be, and isJJ^etJ!?. .2f
he hereby is, authorized to purchase from Robert Greenhow one^**°'"^-
thousand five hundred copies of the History of Oregon, Califor-
nia, and the other Territories on the northwest coast of Ameri-
ca, published by him. Provided, That the said copies be fur-
nished at a rate not exceeding two dollars per copy.
<§> 2. And be it further enacted. That the sum of three AppropriaUon
thousand dollars, or so much thereof as may be necessary for the
purchase of said books, be, and the same hereby is appropriated,
out of any moneys in the Treasury not otherwise appropriated.
<^ 3. And be it further enacted. That from the said oopies, . nittribation
80 purchased, one shall be furnished to the President and one to ***•'••*•
the Vice President of the United States ; one to the attorney
general, and one to each of the heads of the departments ; one to
each of the judges of the Supreme Court of the United States ;
one to each member of the present Congress ; one to the Gov-
ernor and one to the Secretary of State of each State and Ter-
ritory in the Union ; and that twenty copies shall be deposited
in the library of Congress, twenty copies in the ofBce of the
Secretary of the Senate, and thirty copies in tl^e library of the
House of Representatives ; and that the Secretary of State be,
and he is hereby, autliorized to distribute copies of said work to
ministers and diplomatic agents of this government, and of such
foreign governments as arc in the habit of furnishing to this gov-
ernn^ent works published by them ; and to universities, colleges
and literary institutions now entitled to receive congressional doc-
uments printed by order of either House, allowing one copy to
each ; and the remaining copies, if any, to be kept by the Sec-
retary of State, in his department, subject to the order of Con-
gress. Approved, February 20th, 1845.
CHAP. 15. An act restricting the grant of pensions in certain caeefl.
^1. Be it enacted, ^c, That from and after the passage of vvidowi* pen.
this act a pension shajl not be granted to any widow for or du-"<»»«""»«i«*'«
ring any part or portion of the time her husband may have re*
ceived one, whose declaration therefor shall not have been made
on or before the thirtieth day of April one thousand eight hun-
dred and forty-four and shall not have been received at the pen-
Wm on or before the twenty-third day of January one
>ed and forty-five. Approved, Yebruary
Digitized by VjOOQIC
3036 1845 ^Chap. 16—17.
Aet of 195 0. CHAP. 1& An act to quiet the title to certain lots of land in the towns of
iwrf. ^* ' ' Periysburg and Groghansviile, in the State of Ohio.
^J^of wMdi ^1. Beit enacted, ^c. That all titles to town lots and out
Smi5!d.***"*^'lots in the towns of Perrysburg and Crogbansville, in the State
of. Ohio, derived from said State under color of the grant made
to said State by virtue of the act of Congress entitled ** An act
for laying out and making a road from the lower rapids of the
Miama of Lake Erie to the western boundary of the Connecticut
western reserve, in the State of Ohio, agreeably to the provisions
of the treaty of Brownston," approved the twenty-eighth of Feb-
ruary, one thousand eight hundred and twenty-three, be, and the
same are hereby, recognized as valid and confirmed, in the same
manner as though the title to said lots had been vested in the
w^ftirDiShaS** t! ^^^® under the aforesaid act w Provided, That the authorities of
€toD.Ltni ooJll! the said State shall, within one year from and after the passage
of this act, furnish the Commissioner of the General Land Office
with a certified list of all lots heretofore sold and disposed of un-
^j^htwoonfirmi. dor color of the above recited act : And pratndedy also, That
leUaqatSmnt^flrall the Confirmations intended by this act shall amount only to a
^^rifhtrf *''• relinquishment forever, on the part of the United States, of all
their right and title whatever to the lots of land so confirmed :
pmhwdJ to*tS;-<<«rf provided, further, That nothing in this act contained shall
•**• be construed to comprehend within the provisions thereof such
town lots and out lots, or other tract or tracts of land, as may
have been reserved, or directed to be reserved, within the limits
of either of said towns of Perrysburg or Croghansville, for the
support of schools within the same, in and by the third section of
the act entitled << An act providing for the sale of the tract of
land at the lower rapids of Sandusky river," or in and by
any provision contained in the act entitled "*An act providing
for the sale of the tract of land at the British fort of the Mi-
ama of the Lake, at the foot of the rapids, and for other pur-
poses.'' But all such town lots and out lots, or other tract or
tracts of land, reserved, or directed to be reserved,as aforesaid,
shall be holden subject to the uses and trusts in said acts, and
F^noMte i? ^^^^^ ^^^^ relating to such reserves, designated or intended,
the V. s. and^u^ uothing Contained in this act shall prevent the original pur-
oup not aft««i. chasers of the lots or lands within the limits of the said towns of
Perrysburg and Croghansville, and not relinquish to the United
States, from paying to the State of Ohio of the General Govern-
ment for the use of said road or the United States the money
with the interest remaining due thereon, or all such lots and
lands as may not have heretofore been dispfised of by the author-
ities of the said State for the benefits of said road.
Approved, February 20th, 1845.
CHAP. 17. An act to amend the act entitled " An act to provide for the
enlistment of boys for the naval service, and to extend the term of en-
listment of seamen."
^ I. Beit enacted, fyc, That, from and after the passage of
Digitized by CjOOQ IC
1846 Chap. 17—18. 303^
this act, the provisions of the second and third sections of the def?"n?d "nd** ^
act entitled "An act to provide for Ihe enlistment of boys for"*<i*'^**e"ct«?'«^
the naval service, and to extend the term of enlistment of sea-uniir"iui'v^o^
men," approved March second, one thousand eight hundred and «Sd unmdy.ch?;.'
thirty-seven, which authorize and provide for the detention of^'^^^^^^^ ^
any person enlisted for the navy, after the expiration of the en-gj* ^o'- ^.'p!
listment, until the return of such person to the United States,
shall be understood and construed to authorize and provide for
the detention of such person until the arrival of the vessel in
which he shall be so detained at a port of the United States, and
until he shall have received his regular discharge by order of the
Secretary of the Navy: Provided, That such detention shall Proviw : oaten-
not exceed the term of thirty days from the time of the arrival ^•° ""*****•
of the said vessel in a port of the United States.
'^ 2, And be it further enacted, That the commanding officer Natni ofBeen
of any vessel, squadron or fleet of the navy of the United Stales, «« of''con?u?r7a
when upon the high seas or in any foreign port where there is no««'^*»° ''"•■•
resident consul of the United States, shall be and is hereby au*
thorized and empowered to exercise all jhe powers of a consul
in relation to mariners of the United States.
Approved, February 20/fc, 1845.
J- — ^
CHAP. 18. ■ An act to organize a new land district in thcBouthern part of
the State of Arkansas.
^ \. Be it enacted, ^c, That the section of country in ^^^^ j^nrt^ij,"?* ^^'^
southern part of the State'of Arkansas, south of the base line, ubiuhed.
and east of the meridian, comprised within the following boun-
daries, to wit : between the line dividing ranges five and six on
the east, the line dividing ranges twenty and twenty-one on the
west, the dividing line between townships ten and eleven on the
north, and the State line on the south, be made to form a sepa-
rate district, to be called the Champngnole district, the seat of ofBeoto be at
the land office for which shall be at the town of Champagnole, ^***'"P'«"**^*-
and be subject to removal by the President of the United States,
whenever, in his judgment, it may be proper so to do.
<^ 2. And be it further enacted, That there shall be a regis- Repner and
ter and receiver of public moneys appointed for said land district, receiver to be ap-
I 1 11 - • • .1. 1 • .1 pointed, fcc
who shall give security m the same manner and m the same sums,
and whose duties and authority, compensation and emoluments,
shall in every respect be the same, in relation to the lands to be
disposed of in said district, as are or may be provided by law in
relation to the registers and receivers of public money in the sev-
eral offices established for the sale of the public lands.'
<^ 3. And be it further enacted, That it shall be the duty of Rcgintera and
the registers and receivers for the districts of land siibject to sale KSk^id'wiih!
at Little Rock and Washington, in the State aforesaid, under the J^fJ^^J^Jl'^jJ^f
direction of the Commissioner of the General Land Office, tow<*»i*«- *
transfer to the register and receiver for the district hereby crea-
ted all the proper evidences, documents, records, and township
plats, in relation to lands heretofore sold or subject to sale at those
52
Digitized by CjOOQLC
3038 1845 Chap. 18—20.
offices, respectively, which fall within the limits of the distnct
^ hereby created.
This ftct to take '^^ ^' ^^^ ^^ it further enacted^ That, this act shall take
•flTect^u three effect and be in force from and after the expiration of three cal-
months. endar months from the date of the passing hereof.
Approved^ February i^Oth^ 1845.
CHAP. 19. Ad act supplementary to " An act to repeal ' an act for the
better' organization of the district court of the United States within tiie
State of Louisiana," and for other purposes, approved February thir-
teenth, one thousand eight hundred and forty-five.
Act of 1845, ^ !• Beitenactedy fyc, That all the causes now pending ta
■eeente. ^[^g district court of I he United States for the western district of
ea^"ia dijiilct the State of Louisiana, which appropriately belong to the circuit
Suirirt'tTanife" ^*^*^*'^ jurlsdiction, shall be transferred to the circuit court of the
red to circuit Unked Slatcs for the eastern district of Louisiana, there to be
i'lMU'wi. ' proceeded in according to law, and in the same manner, as if they
had originated in that court ; and the causes which belong to the
jurisdiction of the distrfct court shall be and remain in the dis-
trict court for the eastern district court, to be proceeded in ac-
cording to law, and in the same manner as if they had originated
therein. . Approved, February 26I&, 1845.
CHAP. 20. An act extending the jurisdiction of the district courts to
certain cases, upon the lakes and navigable waters connecting the same.
In matten of ^ I' Be it enacted, ^c, That the district courts of theUni-
cpntract end tort, (cd States shall havo, possess, and exercise, the same iufisdiction
district courts to, ^ i . . . ' ^
heve the same m matters of contract and tort, arising hi, upon, or concerning,
iheUkMM^f^y steamboats and other vessels of twenty tons burden and up-
hge^jiipon ti»« wards, enrolled and licensed for the coasting trade, and at the
time employed in business of commerce and navigation between
ports and places in different States and Territories upon the
lakes and navigable waters connecting said lakes, as is now pos-
sessed and exercised by the said courts in cases of the like steam-
boats and other vessels employed in navigation and commerce
upon the high seas, or tide waters, within the admiralty and
' Modes of pro- maritime jurisdiction of the United States; and in all suits brought
cecding, Ac. j^ ^^^^ courts in all such matters of contract or tort, the remedies,
and the forms of process, and the modes of proceeding, shall be the
same as are or n^ay bemused by such courts in cases of admiralty and
maritime jurisdiction ; and the maritime law of the United States,
tobom^°<^ ^^so far as the same is or may be applicable thereto, shall constitute
the rule of decision in such suits, in the same manner, and to the
same extent^ and with the same equities, as it now dues in cases
of admiralty and maritime jurisdiction ; saving, however, to the
parties the right of trial by jury of all facts put in issue in such
suits, where either party shall require it ; and saving also to the
parties the right of a concurrent remedy at the common laf^j
where it is competent to give it, and any concurrent remedy
Digitized by LjOOQIC
1846 Chap. 20—23. 3039
which may be given by the State laws, where such steamer or
other vessel is employed in sach business of commerce and nav-
igation. Approved, February 26/A, 1845.
-CHAP. 21. Ad act for the relief of the president and directors of the
Dismal Swamp Canal Company.
•J) 1. Beitenaded, SfC, That the said company are hereby tjo^- of^fJJjP^^*";
authorized to retain the dividends hereafter to be declared, and?" i*»«"."**"^p^.*^
to DC r6tAin6u to
now on hand, on eight hundred shares held by the United States.r«^nd the com-
in the stock of said canal company, lo be applied to refund the fdJJn^.™**''*^^'
principal and interest on thirty-two thousand seven hundred and
twelve dollars and thirty-two cents — moneys advanced by said
company to complete the work originally undertaken, and partly
executed, by the agents of the United States; and that the same
be paid to the company before any of the dividends accruing on
«aid stock be paid into the Treasury of the United States.
Approved, February 26thy 1845.
CHAP. 22. An act explanatory of an act entitled ** An act making ap-
propriations for the civil and diplomatic expenses of Government for the
year one thousand eight hundred and thirty-nine."
4 1. Beit enacted, ^c. That nothing contained in the sec- conrtmctionor
end section of the act entitled *' An act making appropriations Mareh,i839,reia-
for the civil and diplomatic expenses of Government for the year unde^protesL^^
one thousand eight hundred and thirty-nine," approved on the Act. of 1339.
third day of March, one thousand eight hundred and thirty-nine,*' ^^'
shall take away, or be construed to take away or impair, the right
of any person or persons who have paid or shall hereafter pay
money, as and for duties, under protest, to any collector of the
customs, or other person acting as such, in order to obtain goods,
wares^ or merchandise, imported by him or them, or on his or
their account, which duties are not authorized or payable in part
or in whole by law, to maintain any action at law against such
collector, or other person acting as such, to ascertain and try the
legality an^ validity of such demand and payment of duties,
and to have a right to a trial by jury, touching the same, accor«*
ding to the due course of law. Nor shall any thing contained
in the second section of the act aforesaid be construed to author-
ize the Secretary of the Treasury to refund any duties paid un«i
der protest ; nor shall any action be maintained against any col-
lector, to recover the amount of duties so paid under protest,
unless the said protest was made in writing, and signed by the
claimant, at or before the payment of said duties, setting forth
distinctly and specifically the grounds of objection to the pay-
ment thereof. Approved, February 26th, 1845.
CHAP. 23. An act vesting in the county commissioners of the county
of Wyandot the right to certain town lots and out lots in the town, of
Upper Sandusicy, in the State of Ohio.
^ I. Beit enacted, fyc. That the right to the one-third |>art,J-<JIl*,|J»,,'^J;2;
of the unsold town lots in the town of Upper Sandusky, by the ^'
Digitized by CjOpQ IC
3040 1845 Chap. 23—26.
Act, of if43. 3^»t entitled " An act providing for the sale of certain lands in
the Slates of Ohio and Michigan, ceded by the Wyandot tribe
of Indians, and for other purposes," passed March third, one
thousand eight hundred and forty-three, directed to be laid out
and surveyed, and to one-third part of the out lots of said town,
be and heret)y is, vested in the county commissioners of the
county of Wyandot, in the said State of Ohio; on condition,
nevertheless, tliat said commissioners, or other competent author-
tra^r. ^^ ° ities of Said State of Ohio, shall permanently locate and fix the
seat of justice of the county at said town, and that the nett pro-
ceeds of the sales of said town and out lots be applied by said
county commissioners, or other proper authorities, to the erection
of public buildings, and the improvement of the public squares
and public grounds in said town.
<5> 2. And be it further enacted^ That the town lots and oat
•elected, ^^ lots of Said town of Upper Sandusky, so to be granted and ap-
plied, shall be selected by alternate and progressive numbers,
(every third town lot and every third out lot, according to their
numbers, respectively, being granted and applied as aforesaid)
under the direction and subject to the control of the Secretary of
proTiao: eer- the Treasury: Provided^ That nothing herein contained shall
^'*^^^"*^'*'^' be so construed as to grant to and vest iasaid county commis-
sioners any lot or lots heretofore appropriated to and used by the
Indian agency at Upper Sandusky, and upon which there may
remain any valuable building, orchard, or other valuable improve*
ment, belonging to the United States ; and if any sucK town lot
or out lot, so by its progressive number selected, should be found
to comprise and include any such valuable building, orchard, or
other valuable improvement, then the said Secretary of the
Treasury is hereby authorized and directed to substitute some
other lot or lots^ of a fair and proportionate value.
Approved, February 26th, 1845.
CHAP. 24. An act to authorize the South Carolina Railroad Company
to import certain pipes and machinery free of duty.
ifccreuryofthe ^ ]. Be it enocted, 8fC., That the South Carolina Railroad
8cribe"the i^guiaT Company be, and hereby is, authorized to import into the United
tjons o ^P***^- gjjitgg^ without payment of duties thereon, all stich pipes as have
been or may be invented or used for the application of the at-
mospheric pressure, as a propelling power on railroads, not to
exceed what is sufficient for a road one mile in length, and also
all the machinery connected therewith, or which is necessary for
the use and working thereof, under such regulations as the Sec-
retary of the Treasury may prescribe.
Approved, February 26th, 1845.
CHAP. 25. An act to amend an act entitled " An act to carry into effect,
in the States of Alabama and Mississippi, the existing compacts with
those States with regard to the five per cent fund and the school reser-
vations."
^tTZ'^of'a:; § I. Be it enacted, ^c, That so much of the fourth sectiori
Digitized by CjOOQIC
1946 Chap. 28. 304l
t)f the act entitled " An act to carry into effect, in the States of 5JJ £«52^*^
Alabama and Mississippi, the existing compacts with those States {^^^'^^''^j^w^-
with regard to the iive per cent, fund and the school reserva- f»nted for
tions," as purports to require that a quantity of land, equal tocbi^anw pu/.
the one thirty-sixth part of the lands lying within the State of ''**'**^ wpe^ied.
Alabama, which were disposed of, or directed to be disposed of, ^et, or lex,
in and by the treaty between the United States and the Chicka-^^Q^» ^^^ *-p-
saw Indians, made and concluded at the city of Washington on
the twenty-fourth day of May, one thousand eight hundred and
thirty-four, shall be selected, under theidirection of the Secreta-
ry of the Treasury, within any land district in said State of Ala-
bama, contiguous to said lands within said State so disposed of,
die, by the said Chickasaws, as aford^aid, be, and the same is
hereby, repealed: Protnded, That nothing- herein contained ^j^^J*^'^*!^
shall be so construed as in any wise to affect the validity and affected-
binding force of any such selections as may heretofore have been
made, in virtue of said fourth section, and sanctioned and accept-
ed by the inhabitants of those surveyed to^ynships, respectively,
for whom they may have been made, as an equivalent and sub-
stitute for section number sixteen, within such surveyed town-
ship.
^ 2. And be it further enacted, That said lands equal in ^t^'^S^'orii^'
quantity *to one thirty-sixth part of the lands so, in virtue of said ^|f|;|^|^o*^^
treaty, disposed of, (be, within said State of Alabama, (deduct-
ing therefrom such l^uantity, if any, as may have been selected,
as aforesaid j under the authority of said fourth section, and ac-
cepted, as aforesaid, in Ijeu of said section number sixteen, by -
the inhabitants of the proper surveyed township,) may be select-
ed under the direction of the Governor of Alabama, at any time
within two years from the passing of this act, in sections, half
sections, quarter sections, or previously defined fractions, out of
any of the surveyed public lands, within any of the land districts
in the States of Alabama or Mississippi, subject to sale at private
sale, and not in any wise encumbered by any prior claim, lien,
or reservation, as the Governor of the said State of Alabama
may direct. But the same selections, respectively, shall not be what itt«qoi.
holden to have been perfected, until the same, as from time loil.'tcu^lf**'*'"
time they shall have been made, shall have been reported to ^he^^^^^^gj^ ^ j^
Commissioner of the General Land Office, together with proofs, vol. 3, p. im.
taken in such manner as the Legislature of the State of Alabama
shall prescribe, of the assent of the inhabitants of the surveyed
townships, respectively, for whose benefit the same may have
been selected ; and that the said inhabitants consent to and ac-
cept the same, in lieu of, and aS*a full equivalent for, the school
section which, by the sixth section of the act entitled '< An act to
enable the people of the Alabama Territory to form a Constitu-
tion and Stale Government, and ^ the admission of such State
into the Union, on an equal footing with the original States," was
guarantied to them.
^3. And be it furtf^r enacted, That when the land shall ^fculJ'**' !lS
have been so as aforesaid selected and reported^ and^ as aforesaid, "'^^ p*'^^'
Digitized by CjOOQIC
3042 1846 Chap. 26—28.
jJ^^**J"jA^ so accepted by said inhabitants of said surveyed township, re-
tke a«6i.£o. of spectively, the same shall vest in the State of Alabama, subject
to the same disposition and uses ; and shall be holden subject to
the same conditions and terms, in all respects whatsoever, as, by
the said sixth section of the act herein above referred to, were
prescribed or intended in relation to sections number sixteen,
^^^^^^^j within said Slate of Alabama. And it shall be competent for the
aiMina to notify said Govcmor of Alabama, as from lime to time such selections
til* ii^«SSc«ofmay be made, and before they are perfected as^aforesaid, to give
faisieieetioiis. j^qi^^q thereof to the regpter of the proper land office of the land
district in which such selection may be made, in such form as the
Commissioner of the General Land Office shall prescribe ; and
thereupon, the land soseltcted shall, during such convenient time
to ko'wiibdmwDas such Commissioner of the General Land Office may prescribe.
***"■•'•• be considered, for the time being, as withdrawn from sale, ana
not subject to entry. Approved, February 26thy 1845.
CHAP. 26. An act to amend the act entitled " An act making appropri-
ations tor the naval service for the fiscal year ending the thirtieth day of
June, one thousand eight hundred and forty-five.
^ I, Beit enacted, ^c. That the third section of the act en-
jmeTisM/I^ titled << An act making appropriations for the naval service for .the
^^"'^^•jgiS"" fiscal year ending the thirtieth day of June, one thousand eight
SJ^SSTiprof^ri"'^''"^''®^ ^^^ forty-five," approved June seventeen, one thousand
formftUoD of iti eight huudrcd and forty-four, shall not be understood or constru-
putiffo. ^j ^^ apply to the claim of a n officer employed on a foreign sta-
tion who would be entitled, under the pcovisions of previous acts
of Congress, to receive the pay of a higher grade, while tempo-
rarily performing the duties of such higher grade, until informa-
tion of the passage of the said act shall have been received on
board of the vessel to which such officer was or is attached.
Approved, February 26fA, 1845.
CllAP. 28. An act to authorize a relocation of land warrants number
three, four and ^ve, granted by Congress to General Lafayette.
Wm^'audil!?- ^1. Beit enacted, fyc. That the legal holders or assignees of
Jj'i^'Jj;;;,*;^: land warrants number three, four and five, granted by the act of
WbiUop*yw«iice Congress of twenty-seventh March, one thousand eight hundred
paid mntilu.^ and four, to General Lafayette, and located at Point Coupee, in
the State of Louisiana, in three adjoining surveys of one thous-
and acres each, and which locations are shown to have been made
in material conflict with several older and better grants, shall up-
on exhibiting to the register and^receiver of any land office with-
in the State of Louisiana, his or' their evidence oC right to the
warrants above described, be permitted, under tlie same rules and
restrictions of the original law tinder which said locations were
authorized, to enter and locatA like quantity of land on any of
the unappropriated public lands in the State of Louisiana : Pro-
rtaftov. vided, That before any such register and receiyer shall issue to
such holders or assignees any certificate of relocation, the holders
Digitized by CjOOQIC
1845 Chap. 2&— 36- 3043
or assignees shall deposite a copy of their deraignment of title
from General Lafayette, and a release of title to the lands located
at Point Coupee. Approvedy February 26thy 1845.
Ali»iftUoa.
CHAP. 32. An duct to alter the corporate limits of Georgetown.
^ 1. Beit enacted, &/•€,, That the present corporate limits of
the town of Georgetown, in the District of Columbia, be and they
are hereby so altered and amended as to exclude therefrom so
much of the territory within said present limits as lies west of
the west line of Fayette street, and between the north line of
Third street and a line drawn west and parallel therewith from a
point on the said west line of Fayette jtreet at the end of sixty
feet north of the north line of Sixth street, saving, excepting and
reserving however out of said territory so to be excluded the sev-
eral lots of ground lying in Threlkeld's Addition of Georgetown,
and respectively being lots numbers one hundred and fifty-three,
one hundred and sixty-one, one hundred and sixty-two, onB hun-
dred and sixty-three, one hundred and seventy-two, one hundred
and seventy-four, one hundred and seventy-six and one hundred
and seventy-eight, and the south half of lot number one hundred
and seventy-one. Approved^ February 21th, 1845.
CHAP. 35. An act to change the time for holding the Circuit and Crim-
inal Courts in the county of Washington.
^ I. Be it enacted, fyc. That the Circuit Conrt of the Uni- J|'5,i''5?"^^
ted States for the county of Washington, District of Columbia, JJjf ^^^ """^
shall hereafter be held on the third Monday of October of each
year, instead of the fourth Monday of- November designated by
law.
§2. And be it further enacted; That hereafter there shall TinM or h^Mioc
be but three terms of the criminal court for Washington county, *'■■«»'' •**»*'
in the District of Columbia, instead of the four terms of siiid
court now fixed by law ; and that said three terms hereafter shall
commence and be held on the first Monday in March, the third
Monday in June, and the first Monday in December in each and
every year. All process whatsoever in'the said criminal court
now issued or which may be issued in the county of Washington, J*J*®*JJ'**JJJ
in said District, returnable to the days now fixed by law for said Led?" ^^'
county, shall be returnable and returned on the days for holding
said criminal court, prescribed by this statute.
Approved, March Is^, 1845.
CHAP. 36. An act in alteration of an act entitled << An act to. establish
a port of delivery at the city of Lafayette, in the State of Louisiana."
^ \. Beit enacted, fyc, That all vessels bound to the city of ^fJJ^'^f^^^iS^
Lafayette, in the State of Louisiana, may, after proceeding there- ^ ^^U
to, and making report and entry at the port of New Orleans, j-jry^ai Sew or.
within the time limited by law, be permitted to unlade their car- iutor ism^c
goes at said Lafayette, under the roles and regulations prescribed
Digitized by CjOOQIC
3044 1846 Chap, 36—39.
by law and such further regulations as the Secretary of the Treas-
ury may deem necessary. And so much of the first section of the
act entilied *' An act to establish a port of delivery at the city of
JLafayette, in the State of Louisiana," approved June twelve, one
thousand eight hundred and forty-four, as is inconsistent ^iXh this
act, is hereby repealed. Approved, March Is/, 1845.
CHAP. 38. An act to authorize the sale of two Arabian horses, reeeir-
ed as a present by the Consul of the United States at Zsmzibar, from
the Imaum of Muscat
^ I. Beit enacted, fyc. That the President of the United
HonM to bo States be, and he is hereby, authorized to cause the two horses re-
!^7^nVibraav ceived ss a present by the*Consul of the United States at Zanzi-
^y- bar, from the Imaum of Muscat, to be sold in Washington city,
by public auction, on the last Saturday of February one thousand
eight hundred and forty-five, and to cause the proceeds thereof
to be placed in the Treasury of the United States.
Approved, March I si, 1845.
CHAP. 39. An act to change the time of holding the Federal courts is
Kentucky, North Carolina, South Carolina, Gteorgia, Alabama and
Louisiana.
^cire^^dhi. ^ I, Bctt enacted, fyc. That from and after the passage of
KwuadLj, this act the fall sessions of the circuit and district courts of the
siad United States for the district of Kentucky, heretofore com-
menced and held on the third Monday in November, aunoally,
shall instead thereof be commenced and held the second Monday
tawiSlcarouSl ''^ November, annually ; That the circuit courts of the United
States for the district of North Carolina shall be held at Raleigh
on the Monday preceding the first Monday in December, and
after the year eighteen hundred and forty-five on the second
In souS caSSft ^®"^*y '" Marcli. That the spring term of said court shall be
held in and for the distrivn of South Carolina at Charleston, on
the Wednesday preceding the fourth Monday in March, after tbe
ensuing term shall have been held at the time now appointed by
Circuit court In '«^w. That the spring term of said court shall be held in for the
otor^ district of Georgia at Savannah, on the second Monday in April
after the ensuing term shall have been held at the time now ap-
ciicuit court for pointed by law. That the circuit court of the United States for
of AUbama. the southem district of Alabama, shall commence its spring term
at Mobile, on the second Monday of April in each and every year
after the ensuing spring term of said court shall have been held
cirruitcoortforat the time now appointed by law. And the circuit court for the
district of Louisiana shall commence its spring term at New Or*
leans on the fourth Monday of April in each and every year, after
the ensuing spring term of said court shall have been held at tbe
proceM return- ^™^ uow appointed by law. And all actions, suits, appeals, re-
SSSiSL'ly if t?; cognizances, processes, writs and proceedings whatever, pending,
tiflMt of hoidin} or which may be pending in said courts, or returnable thereto,
BoibM^lertd. shall havo day therein, and be heard, tried, proceeded with, and
Digitized by CjOOQIC
1846— Chap. 3»--42. 3048
decidedi in like itiatiner as if the time of holding said codrts or
sessions had hot been hereby altered.
Approved, March Ist, 1845.
CHAP. 4l. An act renewing certain naval pensions for the term of five
years.
^ !• BtU enacted, 4*c., That the pensions for the period of^Penion. hew.
lite years, which have be^n heretofore granted out of the' naval widmrollti^u-
pensk>n fund, to the widovfs of offcers, seamen, and mariners,*^'
who fmve been killed or died by rea^ofr of a wound received in
the line of their duty, or who have died by occasion of disease
contracted, or of a casurJty, by drowning or otherwise, or of in^
jury received ivhile in the line of their duty, and which pensions
have ceased in consequence of the expiration of the period for
#hFch they were origrhally granted, or for which they were sub*
Sequenlly renewed, shaft be continued for another period of five
y6arSj to strch of the sai(i Widows as have remained unmarried;
to commence ffom the dtfy on which such pensions, respectively,
terminated ; and to be paid out of any money in the Treasury
not 'Otherwise appropriated : Provided, That every pension here- provieo; to
by renewed shall cease ori the death or rnternfiarriage of the wid^JJ^;;^^.'*''*^*^'^
ow to whomr the same is hereby granted.
Approved, March 3d, 1 845.
CHAP. 42. An act to grant certain lands to the State of Indiana, the
better to enable the said State to extend' and corapleto the Wabash and
Erie canal from Terre Haute to the Ohio river.
^1. Be a enacted, fyc, Thatf there be, and hereby is, grant- ^jc^« gnnt^
ed to tlie State of Indiana for the purpose of aiding said State in ^"^ ***
e:iftending and completing the Wabash and Erie canal from Terre
Haute, in the county of Vigo, in said State, to the Ohio river, at
Evansville, in said State, as the course thereof has been establish'^
ed and surveyed by the authority of said State, one moiety of the
public lands, (remaining' unsold, and not otherwise disposed of^
encumbered or appropriated,) in *a strip five miles in width on
each side of said canal ; to be selected by an agent or agents to '''*»*^8«J«tJ«>«
be appointed by the Governor of said Stale, subject to the approv-
al of the Secretary of the Treastfry of the United States ; reserv- Lands wwrved.
ing to the United States each alternate section, (or other proper
subdivision of said lixttd\ from one end of said canal to the other;
and before the selection, to be made as aforesaid by such agent
or agents, shall be deemed to have been made and perfected, a
chart or charts, showing the courses and distances and points ofcauSuoberlpirt!
termination of said canal, shall be reported, or caused to be rc-^iliSofflS!"*^
I^ofl^d' by the Governor of Indiana, or by sothe person 6r persons
by him appointed to the Cdrtithisisioner 6f the General Land
CMficd.
^ 9. And be it further enacted, That, for the ptJtj)ose herein- Land«^nnted
before mentioned, there be, and hereby is; gfanted to the said iSod dktacu ^
State, in addition to tlie grant hereinbefore provided for, one
itidiety of all the other lands in the Vincennes land district^ itl
63
Digitized by CjOOQIC ^— ^
3046 1846— -Chap. 42--43.
8&ld State, and which remain, as aforesaid, unsold, and not oth*
erwise disposed of, encumbered or appropriated, to bo selected
under the authority and by the direction of the Governor of said
Their feioetioD. State : Pvovidid^ That, in the selection of the lands by this sec-
tion provided for, no lands shall be comprehended which, in and
b!"^i '*ritldto'^y ^^^ ^"^ section of tiiis act, are (in alternate sections or other
th«i0fwuff. proper subdivisions) directed to be reserved as aforesaid ; and the
lands so selected shall be reported, or caused to be reported, by
the Governor of said State, to the register of the land office at
Yincennes, before such selection shall be deemed to be made and
completed. ^ "*
Ditponajof the ^ 3. And he it further enacted, That all the lands, by the
li^'^aii^'i^i >er- first and second sections of this act granted as aforesaid, shall
iiuMofihiiMu ^^^^^ ^^^ selections thereof shall have been made and completed
as aforesaid, be subject to be disposed of by the General Assem*
vincMOM^^^^db. bly of said Slate, for the purpose aforesaid, and no other ; and
iiiciiu-ponded. ihe President shall direct the further sales of the public lands, in
the Vincennes land distirict aforesaid, to be suspended until the
Governor of said State shall have caused the selections aforesaid
tobe made and perfected as aforesaid, and shall have notified the
Secretary of the Treasury thereof : Provided^ That such sus-
pension shall not continue longer than twelve months from and
after the passing of this act.
<§» 4. And he it further enacted^ That the said canal when
x^'Jt'iY^ can?i^^"*P'^'®^» ®'^"" ^ ^^^ forovcr remain a public highway for the
?e\, use of the Government of the United States free from any toll or
other charge whatever, for any property of the United States, or
to^pietoa \n ^5 persons in their service, passing through or along the same; and
To re'vwi li u.' s! *^"'* ^^ completed within fifteen years from and after the passing
of this act, or the State shall be holden to pay to the United
States the amount of the price or prices for which any and all of
said land which may have been disposed of by said Sta'te may '
have sold ; and such of said lands as may dot have been thus
disposed of shall, from and after said fifteen years, if said ca-
nal should not then have beeir completed, revert to and again
uS! nlniiJd. ^ become the property of the United Stales : Provided always^
^hat it simll not be competent for the said General Assembly to '
dispose of said lands, or any of them, at a price lower than, for
the time being, 9hall be the minimum price of other public lands.
Approved, March 3d, 1845.
CHAP. 43. An act to reduce the rates of postage, to limit the use and
correct the abuse of the franking privilege, and for the prevention of
frauds on the revenues of the Post Office Department.
.•^'^melSm.'IJ '^ 1- Be it enacted, fyc. That, from and after the first day
congrnMandciei-of July noxt, nvcmbers of Congress and delegates from Territo-
iiig receM, re- rics, may rccivo letters, not ezceedmg two ounces in weight, free
ovoVtwo^^iDMiof postage, during the recess of Congress, any thingto the con-
in weight free, trary in this |ct notwithstanding; and the same franking privi-
ly g^'erlnfeS'^to lege which is granted by this act to the members of the two Hoa«
v»ce Prc.idei»t g^ ^j Cougress, IS hereby extended to the Vice President of the
Digitized by LjOOQIC
1846 Chap. 48! 3047
United States; and in lieu of the rates of postage now establish-
ed by \aWf there shall be chained the following rates, viz: For Po*^ir« oa-
every single letter, in manuscript, or paper of any kind by or op- *'•'*•"••
on which information shall be asked for or communicated in wri-
ting, or by marks and signs, conveyed in the moil, for any dis-
tance under three hundred, miles, five cents: and for any dis-
tance over three hundred miles, ten cents : and for a double let-
ter there shall be charged double these rates ; and for a treble p«>««i«.
letter, treble these rates ; and for a quadruple letter, quadruple
these ratQfi ; and every letter or parcel not exceeding half an
ounce in weight shall be deemed a single letter, and every addi-
tional weight of half an ounce, or additional weight of less than
hair an ouYice, shall be charged with an additional single post-
age. And all drop letters, or letters placed in any post office, oropittun.
not for transmission by moil, but for delivery only, shall be charg-
ed with postage at the rate of two cents each. And all letters
which shall hereafter be advertised as remaining over in any A<:ir«rtbed tot-
post office shall, when'delivered out, be charged with the costs ^*'''
of advertising the same in addition to the regular postage, both
to be l^ccounted foras other postages now are.
^ 2. And be it further enacted^ That all newspapers of no
greater size or superfices than nineteen hundred square inches ^<»*^t^ <»
may be transmitted through the mail by the editors or publishers "*Acru?1«w.c.
thereof, to all subscribers or other persons within thirty miles of^/***" ^' ***
the city, town, or other place in which the paper is or may be
printe'd, free of any charge for postage whatever ; and all news-
papers of and under the size aforesaid, which shall be conveyed
in the mail any distance beyond thirty miles from the place at
which the same may be printed, sliall be subject to the rates of
postage chargable upon the same under the thirtieth section- of
the act of Congress approved the third of March, one thousand
eight hundred and twenty-five, entitled, «* An act to reduce into
one the several acts for establishing and regulating the Post Of-
fice Department ;" and upon all newspapers of greater size or
superfficial extent than nineteen hundred square inches, there
shall be charged and collected the same rates of postage as are
prescribed by this act to be charged on magazines and pam-
phlets.
^ 3. And be it further enacted, That all printed .or litho-
in-phed circulars and handbills or advertisements, printed or liih- £<**■«? ®"r-
ographed on quarto post or smgle cap paper, or paper not larger i>r*.i>«nabins or
than single cap, folded, directed, and unsealed, shall be charged *'*''*'"**^"*°**'
with postage at the rate .of two cents for each sheet, and no more,
whatever be the distance the same may be sent ; and all pam-
phlets, magazines, periodicals, and every other kind and descrip-
tion of printed or other matter, (except newspapers,) which shall ^^J'™p»'JjU'j««f-
be anconnected with any manuscript communication whatever, noaieai».° ^'
and which it is or may be lawful to transmit by the mail of the
United States, shall be charged with postage at the rate of two
and a half cents for each copy sent, of no greater weight than
Digitized by CjOOQIC
3048 1845— --Chap. 43.
one ounce, an d one cent additiona) shall be charged for ^eh ad-
ditional ounce of the weight of every guch pamphlet, magazine,
' matter, or thing, which may be transmitted through the mail
whatever be the distance the same may be transported; and
any fractional excess of not less than one-half of an ounce, in
the weight of any such matter pr thing, above one or more
ounces, shall be charged for as if said excess amounted to a full
ounce.
^ 4. And be it further enacted^ That the Postmaster Gene-
ral be and he is hereby, authorized, upon all mail routes over or
upon which the amount of matter usually transported, or which
may be offered or deposited in the post office or post offices for
transportation, is or may become so great as to threaten materi-*
ally to retard the progress or endanger the security of the letter
mail, or to cause any considerable augmentation of the cost o(
transporting the whole mail at the present rate of speed, to pro-
vide for the separate and more secure conveyance of the letter
bitipMJSSrf^m ™^"» ^^ * speed at least eqnal to that at which the mail is now
thaotherm:iii, in transported over such route, taking care to allow in no case of
•xpediton. any greater delay, m the transportation of the other matters and
things to be transported in the mail on any such route, than maj
appear to be absolutely necessary, regard being bad to the cost
of expediting its transprirtaiion, and the means at his disposal or
under his control for effecting the same.
97th leotion ^5. And be it further enacted^ That the twenty-seventh
iSsl^anj^SiLwsectiorr of the act of Congress entitled ** An act to reduce into
i"SL''tr'?S'iVe" one the several acts for establishing and regulating the Post Of-
fd T^MiaJS! ^^^ Department," approved and signed the third day of March,
lepeaiod ' in the vcsr one thousand eight hundred and twentv-five, and all
Act of 1835, c. , * , •• • 1 ^ '.
975, Toi. 3,p.i965. Other acts, and parts at acts grantmg and con ferrmg upon any
person whatsoever the right or privilege to receive and transmit
through the mail, free of postage, letters, packets, newspapers,
periodicals, or other matters, be, and the same are hereby, utter-
ly abrogated, and repealed,
offioenof ooT- <^ 6. And be it further enacted, That from and after the pas-
rKTrlVkinl'irAv? sage of this act, all officers of the Government of the United
ioSi'Jfptiui^ States, heretofore having the franking privilege, shall be author-
ized and required ta keep an account of all postage charged to
and payable by them, respectively, upon letters, packages, or oth-
er matters received through the mail, touching the duties or basi-
saiii ftoeoaat to ness of their respective offices; and said accounts for postage,
5Si';f**c2nS^j!/[ "P<^n ^'^^S duly verified by said officers, respectively, shall be
fuud. allowed and paid quarter yearly, out of the contingent fund oi
A«.iitantPo«t^ tf^^ bureau or deparUnent to which the afficers aforesaid may re-
mas'ol' Geaerai spcctivcly belong Or bc attached. And the three Assistant Post-
on bu.?n<^'?e? masters General shall be. entitled to have remitted by the post-
tew reniiuad. mastor iu Washington all postage charged upon letters, packa-
ges, or other matter, received by them, respectively through the
mail, touching the business of the Post Office Department, or
the particular branch of that business cora<nitted to then, respec-
tively ; and each of the said Assistant Postmasters General shall
Digitized by CjOOQIC
1846 ^Chap. 43. 3049
be, and hereby it, authorized to transmit through the mail free of ,?*^;,*^JJj«^'*|;j^
postage, any letters, packages, or other matters relating exclu<}«j^ «» butiaeu
sively to his official duties, or to the business of the Post Office '*"'
Department ; but he shall, in every such case, endorse on the ^e"«rs to be
back of the letter or package so to be sent free of postage, oveTbQ.ii.e«s.'>
his own signature the words '^ official business." And for any ^JJ^J^Jj^'^f^'w
such endorsement falsely madq, the person so offending shall for-
feit and pay three hundred dollars. - And the several deputy Deputy pMtmai.
postmasters throughout the United States shall be authorized tOpona^Jir^ SS^-
charge, and have allowed to them in the settlement of iheir ac- "•*• '*''*"'
counts with the Post Office Department all postage which they
may have paid or had charged to them, respectively, for letters,
packages, or other matters, received by them on the business of
their respective offices or of the Post Office Department, upon a
verification on oath of their accounts for the same, and the trans^
mission of. the charged letters as vouchers ; and the said several
deputy postmasters shall be, and hereby are, authorized to send
through the mail, free of postage, all letters, and packages which . same author-
it may be their duty, or they may have ooeasion, to transmit tobttsinew ^'l^'fn
any person or place, and which shall relate exclusively to the bu-^'^*
sioess of their respective offices, or to the business of the Post i^^^^^^ ^^ ^
Office Department ; but in every sueh case, the deputy postmas-vj^^^ra^^^ **pom
ter sending any such letter or package shall endorse thereon, ^ "' ^'
over his own signature, the words << Post Office business." And Pennity for h\n
for any and every such endorsement falsely made, the Person •°^*^'^^^*°^*
making the same shall forfeit and pay three hundred dollars, poit^im!*"'
And when the commissions of any postmaster amount to less
than twenty-five, dollars per annum, it shall be lawful for the
Postmaster General to increase the rate of his commissions, pro'-
vided that they do not exceed fifty per cent, on letter postage t^c*-
cruing at such office, and the Postmaster General is hereby re- Accoanta to bo
quired to cause accounts to be kept of the postage that would be u^ft ""loSid^^
cbai^eable at the rates prescribed in this act upon all matter pas- ^*'*t';^''*''j,^^i^
sing free through the mail according to the provisions of this act ;^^'
and the sums thus chargeably shall be paid tothe Post OfficeDe-^^sami ^charged
partment from the contingent funds of the two Houses of Con-< ° ^^ '
gross and of the other Departments of the Government for
which such rfiail service may bi^ve been performed, and where
there is no such fund tiiat they be paid out of the Treasury of
the United States.
^ 7. And be it further enacted, That the act of Congress ^^^ 'cSTuS^
entitled '* An act authorizing the Governors of the several S^^^^^'^jJ^'^^'^iooi
to transmit by mall certain books and documents," approved m,%ii,pM(lil
June the thirtieth, one thousand eight hundred and thirty-four,
shall remain and continue in full force, anything hereinbefore to .
the contrary notwithstanding ; and the Members of Congress, Memban of
the Delegates from Territories, the Secretary of the Senate, and prSr"tfociSu!j"
the Cterk of the House of Representatives, shall be, and ^hey »[^^jij S'^^tji
are hereby, authorized to transmit, free of postpge, to any post RoVroMntaitilM,
office within the United States, or the Territories thereof, anyr»n,^ir^p«Mi^
doottoients which hav^ been or mfijr be printed by order af either^,!|^°^ ^"^
Digitized by CjOOQIC
3050 , 1846 Chap. 43.
House of Congress, any thing in this law to the coiitrary notwitb
standing.
Prankuv priTi- .^8. And bt itfwihev euacted, That each member of the
l!Siha'r"o?coJ? Senate, each Member of tiie House of Representatives, and each
gXtorysKin; Delegate from a Territory of ihe United States, the Secretary of
"** ^Ra rwimi! ^^^ Senate, and the Clerk of the House of Representatives, may,
iirat. * during each session of Congress, avd for a |>eriod of thirty days
before the commencement and thirty dnys after the end of each
Limiution. ^^^ every session of Congiess, send and receive through the
mail, free of postage, any letter, newspaper, or packet, not ex-
Poauffa ehar<«d ceeding two ounccs in weight; and alt postage charged upon
tlr«**u.'"iteu\il!!i>ny letters, packages, petitions, memorials, or other matters or
S.*toi?i«.fofV«.^*'»"g«> received during afty session of Congress, by any Senator,
SI****' ir'Sit Hf^*^"™^®"" ®'" IJelegale of the House of Representatives, touching
cootiog«Dt rund. his official or legislative duties, by reason uf any excess of weight,
above two ounces, or the matter or thing so received, shall be
paid out of the contingent fund of the House of which the per-
rrMk"S!i!i'r'^ow'!l *^" receiving the same may be a member. And they shall have
lattery au iha the right to frank written letters from themselves during the
'**'' whole year, as now authorized by law.
^ 9, And be it further enacted^ That it shall not be lawful for
Privata axprai- any person or persons to establish any private express or expres*
biddan o/"miiii SOS for the Conveyance, nor in any manner to cause to be convey-
~"*^- ed, or provide for the conveyance or transportation, by regular
trips, or at stated periods or intervals, from one city, town, or
other place, to any other city, town or place, in the United
States, between and from and to which cities, towns, or other
places, ihe United States mail is rfegularly transported, under the
authority of the Post Office Department, of any letters, packets,
or packages of letters, or other matter properly transmiitable in
the United Stales mail, except newspapers, pamphlets, magazines
penally for of- and periodicals; and each and every person oflending against
*""""•• this provision, or aiding and assisting therein, or acting as^'such
private express, shall, for each time any letter or letters, packet
or packages, or other matter properly transmitiable by mail, ex-
cept newspapers, pamphlets, magazines, periodicals, shall, or may
be, by him, her, or them, or through his, her, or their means or
instrumentality, in whole or in part, conveyed or transported,
contrary to the true intent, spirit and meaning of this section,
forfeit and pay the sum of one hundred and fifty dollars.
^ 10. And be it further enacted ^ That it shiill not be lawful
Maiiabitf raai- {ot any Stage coach, railroad car, steamboat, packet boat, or other
lijad'o^iJ My ^®*^»cle or vessel, nor any of the owners, managers, servants; or
SClwSTuiairin^'^®"^*^' either, which regularly performs trips at slated periods
UMiaaii. \ on a post route, or between two or more ciiies, towns or other
places, from one to the other of which the United Slates mail is
regularly conveyed under the authority of the Post Office De-
partment, to transport or convey, otherwise than in the mail, any
letter or letters, packet or packages of letters, or other inailable
SsctptaoM. matter whatsoevefjirexcept sucli as may have relation to some part
of the cargo of such steamboat, packet boat, or other vessel, or to
Digitized by CjOOQIC
184^ Chap. 43. g061
vome article at the same lime conveyed by the same stage coach,
railroad car, or other vehicle, and excepting also, new8papers,pam-
phlets, magazines and ()eriodicals;^and for every such oifence,the
owner or owners of the stage coach ,rai I road car, steamboat, packet
boat, or otiier vehicle or vessel, shall forfeit and pay the sum of
one hundred dollars ; and the driver, captain, conductor, or per- '*■*'*^
son having charge of any such stage coach, railroad car, steam*
boat, packet boat, or other vehicle or vessel, at the time of the com-
mission of any such ofTencc and who shall not at that time be the
owner thereof, in whole nor in part, shall, in like manner, forfeit
and pay, in every such case of oflfence, the sum of fifty dollars.
^ 11. And be U J urtker enacted ^ That the owner or owners Ttatity for
of every stage coach, railroad car, steamboat or other vehicle or m^'^ ij^l'^!
vessel; whicli shall, with the knowledge of any owner or owners, J;i',"'Jiy"*i*S
in whole or in part, or with the knowledge or connivance of the'<^^
driver, conductor, captain or other person having charge of any
such stage coach, railroad car. steamboat or other vessel or vehi-
cle, convey or transport any pe.'son or persons acting or employ-
ed as a private express for the conveyance of letters, packets, or
packages of letters, or other mailable matter, and actually in pos-
session of such mailable matter, for the purpose of transportation
contrary to the spirit, true intent, and meaning of the preceding
sections of this law, shall be subject to the like fines and penal-
ties as are hereinbefore (Provided and directed in the case of per-
sons^acting as such private expresses, and of persons employing
the same ; but nothing in this act contained shall be construed ^o^^'^ji^^^
prohibit the conveyance or transmission of letters, packets, or *>•(« bHnd»,witb-
packages, or other matter, to any part of the United States, by ^t p?!?bibu!!d.^
private hands, no compensation l)eing tendered or received there- gST***"*'***'
for in any way, or by a special messenger employed only for the
single particular occasion.
^ 12. And be it further enacted^ That all persons whatsoever JJugJ^y fcrtim^
who shall, after the passage of this act, transmit by any private ^to!»DrML.J!!t.
express, or other means by this act declared to be unlawful, -any thig ^Z^^*^ ^^
letter or letters, package or packages, or other mailable matter,
excepting newspapers, pamphlets, magazines, and periodicals, or
who shall place or cause to be deposited at any appointed place,
for the purpose of being transported by such unlawful means,any
matter or thing properly transmittable, by mail, excepting news-
papers, pamphlets, magazines and periodicals, or who shall deliv-
er any such matter, excepting newspapers, pamphlets, ma^zines
and periodicals for transmission to any agent or agents of such
unlawful expresses, shall, for each and every offence, forfeit and
pay the sum of fifty dollars. u-kHmr
^ <^ 13. And be it further enacted. That nothing in this acti^I^^'byitMBi.
contained 'shall have the effect, or be construed to prohibit the sTMardT'ssf
conveyance or transportation of letters by steamboats, as author- "*A«roria£!*c.
ized by the sixth section of the act entitled "An act to reduce 375, Toi^p.im
into one the several acts for establishing and regulating the Post
Office Department approved the third of March one thousand
eight hundred and twenty-five.'' Provided, That the require-
• Digitized by CjOOQIC
306d 1846 Chap. 43.
^^•^^•^"J^'^ineiitfl of said sixth •ection of said net be strictly complied with,
u^ li%ct of 3d by the delivery, within the time specified by said act, of all lettert
beV(^i>ii«d with*! so conveyed, not relating to the cargo, or some part thereof, to
the postmaster or other authorized agent of the Post Office De-
partment at the port or place to which said letters may be direct-
ed, or intended to be delivered over from said boat ; and the post-
master or other agent of the Post Office Department shall charge
and collect upon all letters or other mailable iqatter, so delivered
to him, exceptinewspapers, pamphlets, magazines, andpeiiodi^b
the same rates of postage as would have been charged open said
letters had they been transmitted by mail from the port or pkee
at which they were placed on board the steamboat from wluch
PeMitiM pro- they were received ; but it is hereby expressly provided, ibtft all
I!^«Jdiii*"M?the pains and penalties provided by this act, for any vfolaiionoff
or" wwimTHiu ^^ provisions of the eleventh section of this act, ahaff alfach id
who do noi com- evcrv casc to any steamboat, or to the owners and persons bar-
ply wiihtho P0-. •', I <• * • ^1 I • • M
qui!einenuof6th ing chargc thcrcof, the captam or other person having charge of
•^iioo,»cii8a5, ^^i^j^gjjgii not, as aforesaid, comr>ly with the requirements of the
Sj?;iir3^*Jl!di8i*th section of the said law of one thousand eight hundred aad
^SJl """^ **' twenty-five. And no postmaster shall receive, to be conveyed
by the mail, any packet which shall weigh more than three
poimds.
FoetiDtttArGe- ^ 14. And be it further enatted, That the Postmaster 6ei^
S?'^n?m^t**whh era! shall have power, and he is hereby'anthorized, to contmct
Sl"w for^conveT ^^^^ ^^^ owncrs or comimindera of any steamboat plying upott
log the mail, with- (he Wcstcm or other waters of the United States, for the trairt-
▼eniMmenL portation of the mail for any length of time or number of trips,
less than the time for which coniracfa for transporting the mail of
the United States are now usually made under existing lawff,a!nd
without the previous advertisements now required before enteriag
into such contracts, whenever in his opinion the put>lic interest
and convenience will be promoted thereby ; Provided, That iha
uJSSi^' '"***P^'^ ^^ ^ P^^^ ^^^ **^'* service shaH in no- case be' greater than
the average rate paid' for such service under the last preceding or
then existing regular contract for ttanaporting the mail* upon the
route he may so for a less time contract for the transportation of
the mail upon.
What emiiti. '^ ^^' And be U further enacted, That "mailable matter,*' attd
tatM *»maiUbio<< matter properly transmittable by mail," ifhall be deemed and la-
matter." . ' • ,.^, . in ■
ken to mean, all letters and newspapers^ and all magazmes and
pamphleta periodically published, or which may. be published in
regular series or in successive' namberer, under the same title,
though at irregular iDtervals, and all othei' written or printed mat-
ter whereof each copy or number shall* Hot exceed eight oances^
in weight, except bank notea, sent in packages^ oi bundles; with-
out written letters accompanying ttrem ; but botind' books of aajT
size, akall notbe held to lieinchded' within the meaning of these
terms. And- any packet or packets, of whatierer size or weight,
being made op of any aoeh mailable matter, shall subject ait per-
sona concerned in transporting the same tb dl the penalties of this
law, equally aa if it or' they w^re not so made up iutb a packet or
Digitized by CjOOQIC
1846 Chap. 43. 3053
packages. But nothing in this act contained shall be so constru- ^^nnotuwon
ed as to prohibit any person whatever from transporting, or caus- «>"<». i»«nii.i)i.:ti,
ing to be transported, over any mail route, or any road or way ^ntrn"r.rfu"r'Tai«
parallel thereto, any books, magazines, or pamphlets, or newspa-IJipr^JhVbl'iili'"'
pers, not marked, directed, or intended for immediate distribution
to subscribers or others, but intended for Ale as merchandise,and
transported in the gsual mode of transporting merchandise over
the particular route used, and sent or consigned to 'some bona
fide, dealer or agent for the sale thereof; nor shall anything here- Trav«ikrini«f
in be construed to interfere with the right of any traveller to have %'n^t*\hcir
and take with him or her, for his or her own use, any book, pam- ^^^ *"**
phlet, magazine or newspaper.
<^ 16. And be it further enacted. That the term "newspa- vvhut !• ander-
per," hereinbefore used, shall be, and the same is hereby defined ■^jdhy «'ii«wi-
to be, any printed publication, issued in numbers, consisting of
not more thy two sheets, and published at short stated intervals
of not moreihan one month, conveying inteiligence of passing
evenld, and bona fide extras and supplements of any such publi-
catiun. And nothing herein contained shall be so construed as p^ ezchance
to prevent the free exchange of newspapers between the publish- ^^^^n '"'J'Ji",,.
era thereof, as provided for under the twenty-ninth section of theorinotprubibii«d.
act entitled '' An act' to reduce into one the several acts for es-
tablishing and regulating the Post Office Department, approved
the third day of March, one thousand eight hundred and C\venty-
five."
^ 17. And be it further enacted. That all pecuniary penalties PofiattiM and
and forfeitures, incurred under this act, shall be one half for the thu'^'BRtrone hiTir
use of the person or persons informing and prosecuting for the M^,f''„M" bill "**to
same, and the other half to the use of the United States, and ^•^'
shall be paid over to the Postmaster General, and accounted for
by him as other moneys of the department ; and all causes of ac- ^
lion arising under this act, may be sued, and all offenders against osvndert.
this act may be prosecuted, before the justice^ of the peace, ma-
gistrates, or other judicial courts of the several States and of the
several Territories of the United States, they having 'competent
jurisdiction, by the laws of such States or Territories, to the trial
of ckiims and demands, of as great value, and of the prosecu-
tions, where the punishments are of as great extent ; and such
justices, magistrates, or judiciary, shall take cognizance thereof,
and proceed to judgment and execution, as in other cases.
^ 18. And be it further enacted. That it shall be the duty of conirncii for
the Postmaster General in all future lettings of contracts for thenmino b«iet u>
transportation of th,e mail, to let the same, in every case, to the^n,i'i;irbidJrT
k lowest bidder, tendering sufficient guaranties for faithful perform-
ance, without other reference to the mode of such transportation
than may be necessary to provide for the due celerity, certainty,
and security of such transportation ; nor shall any new contrac-
tor hereafter be rei|uired to purchase out, or take at a valuation, comracion not
the stock or vehicles of any previous contractor for the same i oute. oai^ihcir prtd—
And all advertisements made under the orders of the Postmaster ''^'*
64
Digitized by CjOOQ IC
3054 1845 Chap. 43.
•dwuild*** ^ General, in a newspaper or newspapers, of letters uncalled for in
oewipapori^^^^^oTany, post office, shall be inserted in the paper or papers, of the
tion in place town or place where the office advertising may be situated, hav-
TiiSZU?'' ^''^'ingthe largest circulation, provided the editor or editors of such
paper or papers shall agree to insert the sanne for a price not great-
er than that now fixed by law ; and in case of question or dis-
pute as to the amount of the circulation of any papers, the edi-
tors of which may desire this advertising, it shall be the duty of
the postmaster to receive evidence and decide upon the fact,
<^ 19. And be it further enacted. That to insure, as far lis may
Traniportation be practicable, an equal and just rate of compensation, according
?^Jj "'*"*'"** to the service performed, among the several railroad companies in
the United States, for the transportation of the mail, it shall be
the duty of the Postmaster Generdl to arrange and divide the rail-
road routes, mcl tiding those in which the service is partly by rail-
road and partly by steamboats, into three classes ac^rding to the
size of the mails, the speed with which they are c^veyed, and
the importance of the service ; and it shall be lawful for him to
ProriM* com-^^"^'^^^' ^^^ Conveying the mail with any such railroad company,
PMMttioaiimiicd. either with or without advertising for such contract: Provided,
That, for the conveyance of the mail on any railroad of the first
class, he shall not pay a higher rate of compensation than is now
allowed by law ; nor for carrying the mail on any railrdad of the
second-class, a greater compensation than one hundred dollars
per mile per annum ; nor for carrying the mail on any railroad
of the third class, a greater compensation than fifty dollars per
inetMaeootraotmile per aunum. And in case the Postmaster General shall not
wuh***a Mii^d', he able to conclude a contract for carrying the mail on any of
bJulinimittld'^' ^^^^ railroad routes, at a compensation not exceeding the afore-
said maximum rates, or for what he may deem a reasonable and
fair compensation for the service to be performed, it shall be law-
ful for him to separate the letter mail from the residue of the
mail, and to contract, either with or without advertising, for con-
veying the letter mail over such route, by horse express or oth-
erwise, at the greatest speed that can reasonably be obtained ;
and also to contract for carrying over such route the residue of
Provito: addi- ^^^ mail, in wagons or otherwise, at a slower rate of speed ; JPro-
llbeV *MnT*T '^*^^^' '^^^^^ '^ ^"® ^^^^ ^^ ^^^ service, on any railroad, is requir-
nicbt or twice a cd to be performed in the night season, it shall be lawful for the
***'* Postmaster General to pay twenty-five per cent, in atldition to
the aforesaid maximum rates of allowance ; And provided, fur--
ther, That if it shall be found necessary (o convey over any.
railroad route more than two mails daily, it shall be lawful for the
Postmaster General to pay such additional compensation as he *
may think just and reasonable, having reference to the service
performed and the maximum rate of allowance established^by this
act.
Co to for ^. ^^' ^^^ *^ it further enacted. That all cause of action
of offemUr.' a. arising under this act may be sued, and all oflfei^ders against this
fiiMt um> act. ^^^ jjjj^y jjg prosecuted, before any circuit or district court ot the
Digitized by LjOOQIC
1845 Chap. 43—44. 3066
United Slates, or the District of Columbih, or of the Territories
of the United State^.
^21. And be it further enacted^ That for the purpose of
guarding against the possibility of any embarrassment in the op- $750,000 appro.
erations of the PosPOffice Department consequent upon any de- JJi,"*,®^ 'a^dlS!
ficiency of the revenues of said department which may be occa- *''*"''y '" ihenv.
8ioned by the reduction of the rates of postage by this act made, ficedepartmaDU
there be, and hereby is, appropriated the sum of seven hundred
and fifty thousand dollars, to be paid out of any money in the
Treasury not otherwise appropriated, and to be placed to the
credit of the Post Office Department in the Treasury of the Uni-
ted States, to be applied, under the direction of the Postmaster
General, to supplying any deficiency in the regular revenues from
postage, in the same manner as the revenues of sflid department
are now by law applied.
<^ 22. And be it further enacted, That in case the amount Additiooai ap.
of postages collected from the rates of postage prescribed by this fiJJJi!!ieir"i"rfr.
act, with the annual appropriation from the treasury of seven ^">«> of thePoat
hundred and fifty thousand dollars herein granted, shall prove in-
sufficient to. defray the expensS of the mail service throughout
the United States to an extent equal to what is now enjoyed by
the public, and also the expense of extending and enlarging tFie
same in due proportion with the increase and expansion of the
- population, particularly in the new States and Territories, the de-
ficiency that may so arise shall be paid out of any moneys in the
Treasury not otherwise appropriated : Providedy That the amount
of expenditure for the Post Office* Department shall not in the en- ^'*'''"*'-
tire aggregate, exclusive of salaries of officers, clerks, and mes-
sengers, t)f the General Post Office, and the contingent fund of
the same, exceed the annual amount of four million five hundred
thousand dollars.
^ 23. And be it futher enacted, That nothing in this act
contained shall be construed to repeal the laws heretofore enact- iio^^ciKue'd
ed, granting the franking pnvilege to the President of the United p,f/iSl,*^i°*jvf,t
States when in office, and to all ex-Presidents, and to the w*^"«'*'*";\i,o"**
ows of the former Presidents Madison and Harrison.
Approved, March 3(/, 1845.
CHAP. 44. — An act making appropriations for the service of the Post
Office Deparlment, for the year ending thirtieth June, eighteen hundred
and forty-six.
^ I. Be it enacted, fyc. Tha't no greater sum shall be paid to^^ ^^^ ^^^^^
any mail agent of any description than one thousand dollars per ancea to special
aonam, and no greater sum for all his travelling and incidental •**'"*'
expenses, than at the rale of two dollars for each day he shall be
actually employed in the capacity of mail agent.
Approved, March 3d, 1845.
Digitized by CjOOQIC
3056 1846 Chap. 46—46.
CHAP. 45. An act aupplementaiy to an act entitled ^ An act to Bx tbe
talue of certain foreign moneys of account in computations at the custom-
houses.'* ^ ^
vaiae of florin «^ ], Beit enoctedy tj'c, That, in all computation^ of the
U4LUI1 . ^j^|y^ ^^ foreign moneys of account at the Aistom-houses of the
United States, the 'florin of Austria shall be deemed and taken
to be at the value of forty-eight cents ; and all former laws in-
consistent herewith are hereby repealed.
Approved f March My 1845.
CHAP. 46. AnACt to confirm tbe survey and location of claims for lands
in the State of Missitsippi* east of tbe Pearl river, and south of thirty.firat
degree of i\prtb latitude.
eoSrmld'M'ir- ^ ^' ^^ *' eftacted, ^c, That all'surveys and plats or confirm-
tuuiiymade. ed claims and settlement rights for land situate in the State of
Mississippi, east of Pearl river, and south of thirty-first degree of
north latitude, which had been made and returned to the survey-
or peneral's office south of Tennessee on or before the first day
of January, one thousand eight hyndred and thirty-nine, shall be,
nurTeyorG^no. nnd are* hereby, confirmed, as actually surveyed onthe ground •
»al to eerily ilie , , . , -^ ' i • i i • • . & ^ "** j
r«.iurn..uj,,iuofand thc said surveyor general is hereby authorized and directed,
J^Z? ^.nlr Ro- on the request of any party interested in any such claim, to cer-
^u'duiJiS,"^"" tiO" *he return and plat of such actual survey, so remaining in his
office, to thc register %nd receiver for lands in the Augusta dis-
trict, in sjvid State, who are hereby directed to receive and* regard
said surveys, plats, and location of the claims they represent, as
Regiiter nnd Re. corrcclly made; and the said register and receiver shall thereuD-
coiver to givo a . "^ . ^i f -.1 c r .l i • ^
certiimato. upon ou issuc, in thc namc or the confirmee of the claim a patent cer-
wS^irGpno! lificalc for each claim ; which certificate, being first duly record-
pnioi'^hainSi.- e^ >" ^^^e said register's office, shall be delivered to such person
•^' as is entitled to represent the claim, and which, being presented
to the General Land Office at Washington, shall entitle the par-
Pwviio. ty interested to a patent therefor: JProtnderf, That any claim-
ant to a tract of land so surveyed and platted as aforesaid, who
shall within one year from the passage of this act, file, in
writing, with the surveyor general south of Tennessee, his ex-
ception to the regularity of the survey so heretofore made, setting
forth in what respect said survey is erroneous, the surveyor gen-
eral shall examine such exception, and, if found to be be well ta-
ken, shall order a resufvey of the claim, after proper notice to
the party interested ; and, after proper notice, he may order a re-
survey of any other claims which in his opinion, may be indispen-
sibly necessary, by reason of errors or defects in the survey, on the
ground, which, being returned and approved, shall be certified
to the register and receiver at Augusta, on which a patient cer-
rvniMr proTiflo. tificate shall be issued, as before directed ; Provided, also, That
all actual surveys of claims in said district, which shall not be ex-
cepted to within the year aforesaid, or which the surveyor gene-
ral may notfind it indispensibly necesary to have re-surveyed by
reason of anv errors or defects, as aforesaid, shall after that time.
Digitized by CjOOQIC
1845 Chap. 46- 48. 3057
be deemed unexceptionable, so far as relates to the liiie of the
United States, and shall henceforth be proceeded in and perfect-
ed to patent.
^ 2. And be itjurther enacted. That all re-surveys which may R«aorve}» ©r-
be ordered by virl^ie of this act shall be executed under the diMbi*** .V'to"*^
rection of the surveyor south of Tennessee, subject to orders Jfr^uS oJli*'
from the General Land office; and alUservices which shall be yjJJJJ^^"^ •''
rendered in execution of this act shall be audited, charged, and ^*>
paid for, as similar services were required to be by former laws'"'^'*
and regulations in reference to similar claims.
^ 3. And be it further enacted, That when, in any case iiw^STHn^fyi
ahall appear id the surveyor generafthat the survey of any claim <*««c»«»ei« *» •
hereby confirmed is deficient in the quantity of land confirmed
to the claimant, by a number of acres equal to forty or more,
then the said surveyor general shall issue to the claimant a war*
rant, entitling him to a quantity of land, which in the subdivis-
ion of the public lands of the United ^tates, shall not exceed in
quantity the number of acres found deficient in the claimants
original survey ; which entry may be made on any lands subject
to entry in said district.
'^ 4. And be it further enacted y That this act shall not be Coiiflictin|f
construed as aiding the title survey or location of any claim todiSd under nui-
the prejudice of any other claim with which its pretensions and*"*'**^
location may conflict ; but all such conflicting rightsand locations
shall remain subject to existing laws : Provided however, ^That, '*«*'»o-
in any such case of conflict, in addition lo the powers conferred
on the surveyor general by this act, it shall be lawful for him
when the conflicting claimants may compromise, by the relin-
quishment of one of the claimants of his entire location, or so
much of it as conflicts with the location of another claim to grant
a warrant to the relinquishing claimant, which shall entitle him
to enter an equal quantity with the land relinquished of any land
subject to entry in the district of the land surrendered.
^ 5. And be U further enacted, That all confirmation and .^wSSlirii^uto
evidence of title which shall be made or issued in the name of Jj;y*^f "^"J^^
the original claimant or confirmee, by virtue of ^this act, shall in-«n<« >« *"«'• to
ure to the use and benefit of those who may be jointly or sever- M!!^ii?M[ly
ally entitled to the lands in the several claims referred to, either f"'*'''^ " ****"
by descent or purchase, as if such persons were specially named
therein. Approved, March 3d, 1845.
CHAP. 48. An act for ihe admission of the States of Iowa and Florida
into the Union.
Whereas, the people of the Territory of Iowa did, on the sev-
enth day of October, eighteen hundred and forty-four, by a
convention of delegates called and assembled for that purpose,
form for themselves a constitution and^ State government; and
whereas, the people of the Territory of Florida did, in like
manner, by their delegates, on the eleventh day of January,
eighteen hundred and thirty-nine, form for themselves a coq-
stitution and State Government, both of which said constitu-
Digitized by CjOOQIC
3058 1846 ^Chap. 48.
tions are republican ; and said con?ention8 having asked the
admission of their respective Territories into the Union as
States, on equal footing with the original States :
Iowa •DdFior ^ 1. Beit enacted, ^c, That the States of Iowa and Flori-
Btat^ '^ on an da be, and the same are hereby, declared t^ be States of the
^al\be orTcBtl United States of America, and are hereby admitted into the
sutM. Union on equal footing %ith the original States, in all respects
whatsoever.
Boandariet of ^ 2. And be U futther enacted, That the following shall be
the boundaries of the said State of Iowa, to wit : Beginning at
the mouth of the Des Moines river, at the middle^of the Missis-
sippi, thence by the middle of the channel of that river to a par-
allel of latitude passing through the mouth of the Mankato, or
Blue-Earth river, thence west along the said parallel of latitude
to a point where it is intersected by a meridian line,seventeen de-
grees and thirty minutes west <i( the meridian of Washington
city, thence due south to the northern boundary line of the State
of Missouri, thence eastwardly following that boundary to the
point at which the same intersects the Des Moines river, thence
by the middle of the channel of that river to the place of begin-
ning.
Iowa to hm ^ 3. And be it further enacted^ That the said State of lo-
d!SiIIi'*°*on^°iha ^* shalfh&ve concurrent jurisdiction on the river Mississippi, and
5tb?/"l*li •"** every other river bordering on the said State of Iowa, so far as
the said rivers shall form a common boundary to said State, and
any other State or States now or hereafter to be Torraed or boun-
ded by the same : Such rivers to be common to both : And that
the said river Mississippi, and the navigable waters leading into
the same, shall be common highways, and forever free as well to
the inhabitants of said State, as to all other citizens of the Uni-
ted States, without any tax, duty, impost, or to)I therefor,- impos-
ed by the said State of Iowa.
<^ 4. And be it further enacted, That it is made and de-
clared to be a fundamental condition of the admission of said
" State of Iowa inlo the Union, that so much of this act as relates
AMont of MO- *^ ^^® ®^*^ Slate of Iowa shall be assented to by a majority of the
ptoof Iowa to qualified electors at their township elections in the manner and at
ry!**** "*^*"*"the time, prescribed in the sixth section of the thirteenth article
of the constitution adopted at Iowa city the first day of Novem-
ber, anno Domini eighteen hundred and forty-four, or by the leg-
islature of said State. And as soon as such assent shall be giv-
en, the President of the United States shall announce the same
by proclamation ; and therefrom and without further proceedings
on the partof Congress the admission of the said State of Iowa
into the. Union, on an equal footing in all respects whatever with
, the original States, shall be considered as complete.
Boondariaa of "^ ^- ^^ ** ^ fuHheT enocfed, That said State of Florida,
Florida. ghiiii embrace the territories of East and West Florida, which by
the treaty of amity, settlement and limits between the United
Digitized by CjOOQIC
DatiM:
1846 Chap. 48—69. 3059
Suites and Spain, on the twenty-second day of February eight-
een hundred and nineteen, were ceded to the United States.
^ 6. And be it further enacted^ That until the next census . low.and pior.
and apportionment shall be made, each of said States or Iowa one "^sapX^nT
and Florida, shall be, entitled to one representative in the House ^^' *" /^"«'••••
of Representatives of the United States.
4 7. And be it further enacted. That said States of Iowa . '•^•?''p'«''-
r -rmm . . • • 1 • I TT • I da not toinierfere
and Florida are admitted into the Union on the express condi- ^t'l* tba diapoMi
tion that they shall never interfere with the primary disposal ofiandi wuhin^hd^r
the public lands lying within them, nor levy any tax on the same iKm*' °°' ^"
whilst remaining the property of the United States: Frotnded, (h^^oSJIStioo !f
That the ordinance of the convention that formed the consti- {or*oII*ui«**u''B"
tution of Iowa, and which is appended to the said constitution, '^^^'^
. shall not be deemed or taken to have any effect or validity, or to
be recognised as in any manner obligatory upon the Government
. of the United States. Approved, March 3d, 1845.
CHAP. 66.~An act regulating comroeirial intercourse with the Inland of
Miquelon and St. Pierre.
^ 1. Be it enacted, fyc, That all French vessels coming di-
rectly from the i3lands of Miquelon and St. Pierre, either in bal-
last or laden with articles the growth or manufacture of either of
said Islands, and which are permitted to be exported therefrom in
American vessels, may be admitted into the ports of the United »
States on payment of no higher duties on tonnage, or on their
cargoes aforesaid than are imposed on American vessels, and on
like cargoes, imported in American vessels : Provided, That this proTtoo.
act shall not take effect until the President of the United States
shall have received satisfactory information that similar privileges
have been allowed to American yess^ls and their cargoes at said
islands by the Government of France, and shall have made proc-
lamation accordingly, and whenever said privileges shall have
been revoked or annulled, the President is hereby authorized, by
proclamation to suspend the operation of this act.
Approved, March 3d, 1845.
CHAP. 69. — An act to provide for the transportation of the mail between
the United States and foreign countries, and for other purposes.
Pofltmatter Oe.'-
^ 1. Be it enacted, ^c. That the Postmaster General of the f^^/,®"***'^**''
United States be, and he is hereby authorized. Under the restric-
tions and provisions of the existing laws, to contract for the trans-
portation of the United States mail between any of the ports of
the United States and a port or ports of any foreign power,
whenever, in his opinion, the public interest will thereby be pro-
moted ; and it shall be his duty to report to the next ensuins .
Congress a copy, of each of said contracts, with a statement ofMrn^^iotonxn^N
the amount of postage derived under the same, as far as the re-
tarns of the department will enable him to do. And such con-
tracts may be made, if it shall appear to the Postmaster General
Digitized by CjOOQIC
g 3060 1845 Chap. 69.
ihr°"may'*^ ^^ ^^ required by the public interest, for any greater period than
made. four yeafs, and not exceeding ten years.
^ 2. And be it further enacted, That all such contracU
miwe^wi'thAmer shall be nnade with citizens of the United States, and the mail to
mL^no^beTrm^ be trausporlcd in American vessels, by American citizens. Each
SIL'ViJiliii""*" con^'^^ct entered int< under the provisions of thisalT!, besides the
May be dincoii- "*""' Stipulations for the right of the Postmaster General to di»-
tioued by joiot continue the same, shall contain the further stipulation that it may
reaoIuttoDfl of . , . , , . . ^ « ■ *. . . '
coQgress. at any time be terminated- by a Join} resolution of the two hooi-
' es of Congress.
lutetofPMtage. '^ 3. And be it further enacted, That the rates of postage to
be charged and collected on all letters, packages, newspapers,
and pamphlets, or other printed matter, between the ports of the
United States and the ports of foreign governments enumerated*
herein, transported in tlte United States mail under the provisioDS
Between ni*:i\ ^f this act, shalkbe as follows: Upon all letters and packages not
SFiMcf "**"** ^-^ceeding one-half ounce in weight, between any of the ports of
the United States and the ports of England or France, or aoj
other foreign port not less than three thousand miles distant, twe.n-
ty-four cents, with the inland postage of the United States added
when sent through the United States mail to or from the post of-
fice at a port of the United States ; upon letters and packets orer
one-half an ounce in weight, and not exceeding one ounce, forty-
eight cents ; and for every additional half-ounce or fraction of an
ounce, fifteen cents; upon all letters and packets not exceeding
8. anrrh? West one-half ounce, sent through the United States mail between the
ir^ifMejS^,'* porls of the United States and any of the West India Islands, or
islands in the Gulf of Mexico, ten cents ; and twenty cents upon
letters and packets not exceeding one ounce ; and five cents for
every additional half ounce or fraction of an ounce ; upon each
newspaper, pamphlet, and price current, sent in the mail between
the United States and any of the ports and places above enu-
merated, three cents, with inland United States postage added
when the same is transported to or from said port of the Uuited
States in the United Slates mail.
5^io*"2!r**' '^ ^* '^^^ *^ *^ further enacted. That it shall not be lawful
lowed lo
carry
ieitera,4co.4n ves- for any pcrsoD to carry or transport any letter, packet, newspaper,
tndtpurt ' the or printed circular or price current, (except newspapers in use,
'^ ' and not intended for circulation in the country to which such ves-
sel may be bound,) on board the vessels that may hereafter trans-
port the United States mail, as provided for in this act ; and for
Penaii cvcry violation of this provision, a penalty of fivo hundred dol-
lars is hereby imposed, to be recovered by presentment, by infor-
mation, or qui ^am action — one half for the use of the informer
and the other half for the use of the Post Office Department.
S?e'l5J!w?Ihe^pJS: ^ 5. And be U further enacted. That if any person or per-
offlce.ump. sons shall forge or counterfeit, or shall utter or use knowingly,
any counterfeit stamp of the Post Office Department of the Uni-
ted States issued by authority of this act, or by any other act of
Congress, within the United States or the post office stamp of any
foreign government, be shall be adjudged guilty ol felony^ and,
Digitized by CjOOQIC
1845 Chap. 43—70. 3061
on coDviction thereof in any court having jurisdiction of the
same, shall undergo a confinement at hard labor for any length of
time not less than two years, nor more than ten, at the discretion
of the court.
^ 6. And be it further enacted^ That the Postmaster Gener- conaaia in for-
al, or the Secretary of State, be, and he is hereby, authorized tOp?" ^I^e^'on
empower the consuls of the United States to pay the foreign **^'®" '^'^ '^^ ®-
^postage of such letters, destined for the United States, as may be
detained at the ports of foreign countries for the non-payment
of postage ; which postage shall be by the consul marked as paid
by him, and the amount thereof shall be collected in the United ^^^ ^j.
States, as other postage; on the delivery of the letters, and re-tnu s. and re-
paid to said consul, or credited on his account at the State De-SIIa.^*'
partment.
^ 7. And be it further enacted, That the Postmaster Gener- be gilen"?^iJe.S
al shall, in all cases of ofiers to contract for carrying the mail cSmJaJJa."*^*"*
between any of the ports of the United States and any foreign
port or place, give the preference to such bidder for the contract
as shall propose to carry the mail in a steam ship or ships, and the jf*^*^j"\?J^j5'Pj
said contractor stipulating to deliver said ship or ships to the d'™*"<* i« ^- s.
United States, or to their proper officer, upon demand made, for ^
the purpose of being converted into a vessel or vessels of warjrceiveiuiivLue
the United States being bound, on their part to pay to said own- ^"^^''
eror owners the fair full value ofevery such ship or vessel at the value, how to b«
time of such delivery ; said value to be ascertained by four ap-"**'"*"^**'
praisers to be appointed two by the President of the United States
and two by the owner or owners; and in case of disagreement
among said appraisers, the President of the United States to se-
lect and appoint an umpire, who shall fix the value.
^ 8. And be it further enacted, That the Postmaster General Transportation
may, if he shall deem it to be for the public interest, make con-Gu\f*5*Mlxico*
tracts to continue not exceeding ten years, for the transportation '"■'**™*'**
of the mail from place to place in the United Slates in steam-
boats by sea and on the Gulf of Mexico and on the Mississippi
river from the mouth thereof up to the city of New Orleans, on
the conditions specified in the last preceding section of this act.
Approved, March 3d, 1845.
CHAP. 70. An act allowing drawback \]pon foreign merchandise ex-
ported in the original packages to Chihuahua and Santa Fe, in Mexico :
and to the British North American provinces adjoining the United
States.
•^ 1. Be it enacted, 4*c.,. That any imported merchandise Ezporuuon to
which has bee^i entered, and the duties paid or secured according Eulte pe, "for
to law, for drawback, may be exported to Chihuahua, in Mexico, *^'*^***^^'
or Santa Fe, in New Mexico, either by the route of the Arkan-
sas river, through Van Buren, or by the route of the Red river
through Fulton, or by the route of the Missouri river, through In-
dependence. be^*i5*^OTniil3
^ 2. And be it further enacted, That all the merchandise patka«et aD§"ip-
so exported shall be in the original packages as imported, a true ihe^oUector.^ ^^
55
Digitized by CjOOQIC
3062 1845 Chap. 70.
invoice whereof, signed by the exporter, shall be made to the 8at«
isfaction of the collector, describing accoratdy each package with
its contents and all the marks upon it, exclusive of the name of
the exporter, the place of destination, and the route by which il
is to be exported ; all which shall be inscribed thereon, upon
which invoice the collector shall certify that he is fully convinced
the same is true, that the goods are in the original packages as
imported, that they are duly entered for drawback, and to be ex-^
ported by the owner, (naming hinv,) to either of the places afore-
said, (naming it,) and by one of the aforesaid routes, (nam^
ing it.)
of'^TTn^Ar. ^ 3- ^wd be it further enacted, That upon the arrival of such
luMs and Mi>-goods at either of the places in Arkansas or Missouri above n^
med, they shall be again inspected and compared with the in-
voice and certificate aforesaid, by an officer of the United States,
who shall, if fully convinced that the several packages are iden-
tical, having' remained unbroken and unchanged, also certify on
said invoice the facts, in such form as the Secretary of the Treas-
ury shall prescribe.
Good! to bf.iu. ^ 4. And beit further enacted, That upon the arrival of any
tSSifcerMfil'd'by ^"^'^ goods at Santa Fe or Chihuahua, they, with the invoice and
Kwcwhufhua*^®'^^*^^*^^^® oforcsaid, shall be submitted to the inspection of the
Consul of the United States, or such agent as the President may
appoint for tRat purpose ; who, if fully convinced thereof, shall
in such form as the Secretary of the Treasury shall prescribe,
certify upon said invoice that the goods have arrived there in the
original packages as imported, without change or alteration, and
have been exported from the United States in good faith, to be
disposed of and consumed in a foreign country.
4 5. And be it further enacted,' That if the exporter shall
ton JVSr dmle** g'^® bond, with Satisfactory surctics, in thrice the amount of du-
ties, that the said merchandise by him exported has been deliver-
ed at either of the places aforesaid without the United States, in
nrawback,when8<^^ ^^^^^9 to bc sold aud consumed there, and shall also produce
payable. ' gaid involcc, with the regular certificates thereon, the collector
shall thereupon pay to him the usual drawback allowed by law.
Secretary of ihe ^ Q, And be it further cnocted, That the Secretary of the
porni"iZi)lcio"r^ Treasury shall appoint ins[fectors to reside at each of the follow-
duly. "*'''*^^ "'^'^ing places to wit: Van Buren, Fulton, and Independence, above-
named, or such other place in Missouri as the Secretary of the
Treasury shall designate ; who shall each have a salary of two
h^undred and fifty dollars, and make a full report of all the trade
that passes under their inspection, to the Secretary of the Treas-
ury, semi-annually, giving an account of the number of packa-
ges, the kind of goods, the^alue, tmd the names of the ex-
porters.
r% nrtatinn to ^ ^' "^^^ ^^ itfuHher enacted, That any imported merohan-
theBriish North disc whicb has been entered, and the duties paid or secured ac-
H?A7for d«i' cording to law, for drawback, may be exported to the British
*"•'• North American Provinces adjoining the United States : and the
ports of Plattsburg, in the District of Chaniplain \ Burlington, ir
Digitized by CjOOQIC
1845 Chap. 70. 3063
the Dislrict of Vermont; Sackettfl Harbor, Oswego, and Ogden-^,^'^ Jj'Jjl'
bargh, in the District of Oswegatchie ;' Rochester, in the District porc«d.
of Genesee ; Buffalo and Erie, in the District of Presqu'isle ;
Cleveland, in the District of Cuyahoga ; Sandusky and Detroit, "^
together with such ports on the seaboard from which merchan-
dize may now be exported, for the benefit of drawt>ack,are here-
by declared ports from which foreign goods, wares, and merchan-
dize, on which the import duty has been paid, or secured to be
paid, may be exported to*ports in the adjoining British Provinces,
and to which ports foreign goods, wares, and merchandise may
be transported inland, or by water from the port of original im-
portation, under existing provisions of law, to be thence export-
ed for benefit of drawback : Provided^ That such other ports Provito-
situated on the frontiers of the United States, adjoining the Brit-
ish North American Provinces, as may hereafter be found expe-
dient, may have extended to them the like privileges, on the rec-
ommendation of the Secretary of the Treasury, and proclama- «
tion duly made by the President of the United States, specially
designating the ports to which the aforesaid privileges are to be
extended.
^ 8. And be U further enacted^ That all laws now in force ^J^^^ wliuoS
in relation to the allowance of drawback of duties upoa goods u^^ drawback aoH
imported into the United States and exported therefrom, and in pm^'ract?
relation to the conditions and evidence on which such drawback
is to be paid, shall be applicable to the drawback allowed by this
act. And, in addition to existing provisions on the subject, to en- ^, Additi«»a^^o.
title exporters of goods to the drawback allowed by this act, they drowbUk.
shall produce to the collector of the port from which such goods,
wares and merchandise were exported, the certificate, under seal
of the collector or other chief revenue officer of the port to
which the said goods, wares, and merchondtse were exported in
the said adjoining provinces ; which certificate shall b^endorsed
upon a duplicate or certified copy of the manifest granted at the
time of such exportation, and shall state that the same identical
goods contained in the said manifest had been landed at such
foreign port, and duly entered at the custom-house there, and
that the duties imposed by the lawA in force at such port upon
the said goods have been paid, or secured to be paid, in full ; and
the said exporters shall also produce the affidavit of the master
' of the vessel in which the said goods were exported, that the same
identical' goods specified in the manifest granted at the time of
such exportation had been carried to the port named in the clear-
ance or manifest, and had been landed and entered at the cus-
tom-house, and that the duties imposed thereon at the said for-
eign port had been paid, or secured to be paid ; and that the
goods referred to in the certificate of the collector or chief reve-
nue officer of such foreign port herein mentioned, were the same
identical goods described in the manifest aforesaid,*and in the
■aid affidavit.
^ 9. And be it further enacted, That no goods wares or mer- gooa* rxponrd
diandise, exported according to the provisions of this act shall be """^^ '>'»*<'^^"
Digitized by CjOOQIC
3064 1845 Chap. 70—74.
broujfht "to tho^Q]u„tjj,.i|y landed or brought into the United States; and on
being so landed or brought into the United States, they shall be
forfeited ; and the same proceeding shall be had for their cod-
demnation, and the distribution of the proceeds of their sales, as
penalty taper- in Other cases of forfeiture of goods illegally imported. And e?-
•ou concerned. g,.y person concemed in the voluntary landing or bringing such
goods into the United States shall be liable to a penalty of foar
hundred dollars.
2 1.3 per cent «^ 10. And bs it further enacted, That from the amount of
HHierved'Rv" col" duties upon any goods, wares, and merchandize imported into
lectoraforu.s. ^^^ United States, and which shall be exported according to the
provisions of this act, there shall be deducted two and a half per
centum of such amount, which shall be retained by the respec-
' tive collectors for the use of the United Stsites, and the residue
only shall be the drawback to be paid to the exporters of such
goods, wares and merchandise.
Secretary o*he ^ ^^' ^^^ be %t fufther euocted, That the Secretary of the
Treasury to pre- Trcasury is hereby further authorized to prescribe such rules and
•cnbe rulea for , . ^ . •' i • t i. • -tt . . «
carryinir this act rcgulatious, DOt mcousistcnt With the laws of the United States,
** ' as he may deem necessary to carry into effect the provisions of
this act and to prevent the illegal re-importation of any goods,
wares, or merchandise which shall have been exported as herein
Aeti ropeaied. provided ; and that all acts or parts of acts inconsistent with the
provisions of this act be, and the same ^re, hereby,. t?4)£aJedA
Approved, March, 3d, 1845.
CHAP. 71. An act making appropriations for the civil and diplomatic
expenses of the Government for the year ending the thirtieth June,
eighteen hundred and forty-eix, and for other purposes.
Adjaitad ac- <^ 4. And be it further enacted, That from and after the pas-
^^aiS!^ ** ^ sage of this act, no accounts which'have been adjusted by the
accounting officers of the Treasury, shall be re-opened without
authority of law, nor.shall the accounting officers of (he Treasury
TioM for pr«t> Act upon any account which shall not be presented within six
umiSd. ''^**""^ years from the date when the claim first existed, unless ihie per-
son having the claim was an infsrnt, lunatic, or feme covert, and
ProTiio. ^hen within six years after the removal of the disability — ProtA-
ded, That this section shall not apply to cases where special acts
« have passed, or shall pass, for the relief of indviduals.
Approved, March 3d, 1845.
CHAP. 74. An act to establish certain post routes.
Pott loftdiM- ^ I. Beit enacted, fyc. That the following be established at
post roads :
Maine. MAINE.
From Letter B to Wilson's Mills, in township Number Five,iB
the second range, county ot Oxford.
From Winthop to North Wayne, in the county of Kennebec,
From Springfield, in the county of Penobscot, through town-
Digitized by CjOOQIC
1845 Chap. 74. • 3066
ships Nambers Six and Seven, to Topsfield, in the county of
Washington.
From Vassalboro Connec't, through North Vassalboro', Wins-
low, Sabasticook, Clinton, Burnham, Pittsfield, Detroit, Plymouth
and Elma, to Carmel.
From Thomaston to South Thomaston, in the county of Lin-
coln.
From Old town througfi Argyle and Edinburg, to Howland.
From Augusta to Thomaston, to East Thomaston, about four
miles.
From Morison, through Wilson to Greenville, at the foot of
Moose Head Lake.
From Freyburg corner in the county of Oxford, by Bridgton,
Centre, in the county of Cumberland, North Bridgton, Harrison
to Norway village in said county of Oxford.
NEW HAMPSHIRE. Newu-p.hir..
From. Antrim South Village, via Bennington village, to the
middle of Francestown, in the county of Hillsborough.
From Gilford, in Belknap county, by Lake Village, Meredith
Village, Holderness to Plymouth, in Grafton county.
From Hillsborough Bridge, through the centre of Deering to
Francistown.
From Hillsborough bridge, to Frenertown, through the centre
of Deering in the county of Hillsborough, and that the present
route from Deering through Wier, to Concord, be discontinued.
VERMONT; ,._,
From Brunswick, in Essex county, on Connecticut river, via
townships of Brunswick, Wenlock, Ferdinand, Brighton, Charles-
ton, and Brownington, to Irasburg.
MASSACHUSETTS. M«,toh,„uu.
From Ashburnham to New Ipswich, New Hampshire.
NEW YORK.
From Baldwinsville, via Plainville, Cato Four Corners, Cato,
Victory, and V^estbury, to Wolcoit.
From Holland Patent, via Floyd, to Oriskany.
From Abnond, via Ebenezer Allen's house and Cartwright
and WaldroflTs store, to Phillipsville.
From Wilna, vii^ Natural Bridge, to Diana.
From Stockholm, via Brasher's Falls and Helena, to Hogans
burg.
From Richfield Springs,' via Page's Corners, Jordanville, and
Dennison's Corners, to Mohawk.
From Brooklyn to Gravesend.
From Truxton to Tully.
From Ithaca, by Rumsey's Settlement, Cayutaville, and Cath-
arine, Centre, to Havanna.
From Elmira, via Post's Corners, South Chemung, and Athens
Valley, to Athens Pennsylvania.
Digitized by CjOOQIC
NMtjIvuiia.
30M *846 Chap; T4.
From MouDt Morris, via Keyserville and WoodvSk, to Dans-
Tille.
From PrattoviUe, Tia Leiington, Westkiil, and Molville, to
Shandaken ;
From Stokes to Lee Centre ;
From Weslville to Millford ;
From Bath via Thruston, West Addison through Allen's Set-
tlement in Cameron, to Woodball ;
From Bath via Campbell Creek, Towlesville, East Canisteo,
Canisteo to Greenwood ;
From Oneonto, via B^ttemutts, to Newberlin ;
From Greenwood via Canisteo, East Canisteo, Towlesville,
Campbell creek to Bath ;
From Pen Yan, via Branchport, Italy Hill, Italy Hollow, Na-
ples, Bloods Corners to Danville ;
From the village of Serry, via East Castile to Munda valley.
NEW JERSEY.
From Deckertown, in Sussex county, through the Clove and
Mount Salem' to Minisink ;
From Flemington to Baptistown.
PENNSYLVANIA.
From Belfonte to Boalsburg, via Centre Furnace ;
From Indiana to Blairsville ;
From Sunbury, Northumberland county, by Snydertowo aod
Rushville, to Danville, in Columbia county ;
From Newcastle, in Mercer county, to Butler, in Butler coaii-
ty, by Princeton and Portersville ;
From Athens to Rome ;
From Wattsontown to Miincy Dam ;
From Stroudsburg, in Monroe county, by Snydersville aod
Fennersville, Kunkletown and Kreogeviiie, to Lehigh Gap, in
Carbon county ;
From Sennamahoning post office to Rathan's ;
From Russelbuig to Sugar Grove ;
From Tunkhannock to Bowman's Creek ;
From Pittsburg, by Logan's Eerry, to Shearersburg ;
From Washington, via Cross Creek and EMersvilie, to Stea*
benville, Ohio ;
From Attleborough, Bucks county, by way of Oxford and
Fallsington, to Morrisville ;
From Wilmington Delaware, by Centreville, Pennsville, Ha*
merton and Kennets Square to Unionville, .Chester county ;
From Penningtonville in Chester county, to the Buck in Lao-
caster county ;
From Willsgrove in Lycoming county, by way of the Hoghnd
branch of Plunkets creek, through Fox township, to Canton cor-
ner in Bradford county ;
From Washington, Pennsylvania through Cross Gpsek village
and Eldersville, to Steubensville, Ohio.
Digitized by CjOOQIC
1845 Chap. 74- 3067
MARYLAND. M»ryi.»d.
From Snowhill toNasaongOy in Worcester county ;
From Barren Creek Springs Maryland, via Sharp Town, to
Laurel Delaware ;
From JarretsvilFe, Hartrord county^ to Parkton, on tbe Suaque-
hannab railroad.
VIRGINIA. YH^m.
Prom Buchanan, in Lewi9 county, to Beverly, in Randolph
county ;
From Charleston, in Kanawha, via upper ftiFb of Coat riTer,
and the falls of Guyandotte, to Wayne court-house ;
From Chatham Hill to Bradford^ in Smyth county ^
From Arnoldsville, in Kanawha county, to Ripley, in Jackson
county ;
F^om Little Plymouth, in King %»d Queen county, to Urban-
na, in Middlesex county ;
From GermantowQ^ via Weavsville,. to Summerville^ Fauquier
county ; *
Prom Looney's Creek, via north fork of the south branch of
the Potomac river, to Crab Sottom, in PiBndleton couaty ;
From New Martinsville, via Sist€rsviUe, to Park^rsburg ;,
From Prince Edward court-house to Gilead, in Prince Edr
ward's county ;
From Chatham Hill, in Smyth county, to Buck's Garden, in
Tazewell county ;'
From Broadford, in Smyth county, to Tazewell court-house ;
From Newburn, in Pulaski county, via back road, to Wythe-
ville ;
From Abingdon, Virginia) via McConnell's, to Elisabethtoa. in
Tennessee ;
From Tazewell court-house, via Clear fork of Sandy river to
its mouth ; thence down said river to the house of Phillip Lam-
bert ; thence to Eli Lusk^d, on Little HuflTs creek ; and dowB '
said creek to Guyandotte river, crossing at the Beaver Bown, to
the mouth of Gilbert's creek ; thence to Thompson's fork^ Island
creek ; thence down said creek to Logan court-house ;
From Osborn's ford, in Scott county, or from BecUey's mills
in Russell county, as the Postmaster General may deem most ex-
pedient, via Guest's station,, glades and pound in Russel couaty,
to Letcher court-houee in the State of Kentucky ;
From Hillsville in Carroll county to Floyd court-house ;
From Chatham hill in Smyth county to Sharon in Wythe
county.
NORTH CAROLINA. Nonbc^iiM.
From Rutherfordton, via Poorsford, Edwin Thorns', Buck
creek, and R. H. Hick's, to Shelby court-house ]
From Catawba View to DeaFs Mill ;
From Butherfordton, via White oak, Green river^ Edneyviilej
and Henderson ville, to Mill's river;
Digitized by CjOOQIC
3068 1845 Chap. 74.
From Jamestown, via Deep r'lTer, Browntown, Midway, Hoi-
scy's Store, and Philip's Ferry, to Mocksville ;
From Ashboro' to Laurenceville ;
From Merry Hill to Edenton ;
From Kinston, Lenoir county, via R. D. Nunn's, Lewis Jones'
and Stephen M. Graddy's to Hallsville, Duplin county ;
' From Hallsvile, in Duplin county, to Richland, in Onslow
county ;
From Hunts cross roads to Nashville, in North Carolina;
From Chilhowea, Blount county, Tennessee, lo Cheoce, Cher-
okee county North Carolina.
Both Cfoiiw. SOUTH CAROLINA.
From Newbury court-house, Shop Spring, John Williams,
Wells' store. Island Ford, and Saluda Homestead^ thence to
Woodville, in Abbeville district ;
From Laurens court-house, via Anderson court-house, to
^thens, Georgia ;
From Augusta, Georgia, to Greenville, South Carolina, so that
it shall run from Abbeville court-house, by Due^est Corner ami
Craytonsvifle, to Anderson court-house ;
From Union court-house, by Meansville, Smiths store and
Rogers bridge on Tygers river, to Woodruff's in Spartanbuig
district ;
From Cannons store in Spartansburg district by Furgers mHl
to Buck creek ;
From Sumterville in Sumter district to Gadsden in Richland
district.
G^oftia. GEORGIA.
From Hawkinsville, by Milwood, Vienna, Cedar creek, and
Holydaysville, to Albany, Georgia ;
From Monticello, by Indian Springs, to Jackson, Butts coun-
ty;
From Marthfesville, De Kalb county, by Newnan, Corinlh,alid
Lagrange, to West Point, Troup county ;
From Marthasville, De Kalb county, by way of Villarica, to
Carrollton, Carroll county, to Jacksonville, Benton county Ala-
bama ;
From Talbotton to Pineville ;
From Marietta, through Roswell, to Cumming ;
From Villarica, Carroll county, through Van Wert, Paulding
county, via Carpenter's store, to Cassville, Cass county ;
^From Savannah to Charleston, by sea;
From Greenville in Meriwether county to Newnan>in Coweta
county ;
From Sumpterville in Sumpter district to Gadsden in Richland
district.
»«.«*,. KENTUCKY.
From Mills Point to Little Prairie, Missouri ;
From Somerset, in Pulaski county, Kentucky, to London, in
Laurel county, via John Babbitt's ;
Digitized by CjOOQIC
1845 Chap. 74. 3069
From Lancaster^ via Crab Orchard and ElkinsTiNe, to Somer-
set in Pulaski county ;
From Somerset, in Pulaski county, via Harrison, to Jamestown,
Russell county ;
From Somerset, Pulaski county, via Gilmer's store and Mount
Vernon, to Richmond ;
From the Poplar Plains in Fleming county, via the dwelling
house or William Philips in the same county, and the dwelling
house of Joshua Knap in Carter County, to Grayson, the seat of
justice in Carter county ;
From Mount Sterling in Montgomery county, via the store of
Thomas T. Dobbins, and North Middleton, to Paris, the seat of
justice of Bourbon county ;
From Morefield in Nicholas county, via the dwelling house of
Thomas Hawkins on Licking river in Bath county, and the dwel-
ling house of Thomas A. Matthews, to Sharpsburg in Bath
county ;
From West Liberty, in Morgan county, via the dwelling house
of Daniel Horton, to the dwelling-house of William Brown on
Paint Creek, intersecting the mail route from West Liberty, in
Morgan county, to Louisa in Lawrence county ;
From Princeton in Caldwell county, via the house of John W.
Jenkins, to Providence in Hopkins county ;
From Murray, via New Concord to Pine Bluff, on the Tennes-
see river ig Calloway county ;
Fronrx Newport, by the way of the mouths of Four mile and
Twelve mile creeks, to Carthage in Campbell county ;
From Warsaw in Gallatin county, by way of Napoleon or Buck
PaYk in said county, and Downingsville and Williamstown in
Grant county to Falmouth in Pendleton county.
TENNESSEE.
From Wilcocks to Milledgeville ;
' From Rodgersville, via Thomas I. Lee's, to Russelville.
From Charleston, via Georgetown and Harrison, (late Vanville)
to Cattanooga ;
From Charleston to Benton ;
From Cleveland, via Red Clay, Georgia, Dogwood, and Medi-
cinal Springs, to Rome, Georgia ;
From Cleveland, via Carother's Cross Roads, Harrison, Poe's
Turnpiiie, Walling's Ridge, Rankin's on Brush Creek, crossing
the main Cumberland mountain at Hill's Turnpike, to McMinn-
ville. Warren county ;
From Murfreesborough, via Lebanon, to Gallatin ;
From Lynchturg, Tennessee, via William A. Tucker's, Ar-
nold's store, Shelton's Creek, and Jacob Hamilton's, to New
Market, Madison county, Alabama ;
From Lynchburg, Tennessee, via Jacob Awalt's, to Winches-
ter Springs ;
From Fayetteville, via Stone Bracker, and McCarty's Mills,
and Arnold's Store, to Salem^ in Franklin county ;
66
Digitized by CjOOQ IC
S070 1846 Chap. 74.
From Lafayette, via Witcher's Cross Roads, Highland, and
Flinn's Lick, to Kinchlow's, in Pulnara county ;
From Jackson, via Brownsville, Wesley Haywood, to Mem-
phis ;
From Battle Creek, via Rice's Ferry, to Lebanon, Alabama;
From Waterloo, Alabama, by Slate line Ferry, Lester's Sul-
phur Springs, to Jacinto, in Mississippi ;
From Mount Pleasant, via Waynsboro, Roach's Bluff on Ten-
nessee river, Bolivar and Somerville, to Memphis i
From Savannah in Tennessee, by Hamburg to Jacinto in Mis-
sissippi ;
From Somerville, Fayette county to T. W. Herveys, thence
ten miles to Whiteville Hardiman county, thence to Meden Mad-
ison county, thence to Jackson,
ohta. OHIO.
Pr<^m Ripley, on the Ohio river, via Russelville, FincastIe,New
Market, Hillsborough, Petersborough, Greenfield and Frankford,
to Circleville ; ' ^
From Uniontown, Muskingum county, via Buckeye Cottage,
Rehoboth, New Lexington, and Straitsville, to Logan in Hockiog
county ;
From Finley, in Hancock county, via Cannonsburg, William
Morrison's in Orange township, and Armorsville, to Round Head
in Hardin county ;
From Sunbury, in Delaware county, by way of Frederick tovrn
and Newville to Ashland in Richland county ;
From Bucyrus, in Crawford county, via Upper Sandosky,
Crawfordsville, and Gary, to Finley, in Hancock county ;
To continue mail route* number two thousand and fifty-fi?e:
from Youngstown, in Trumbull county, to Kelloggsvilie, in Ash-
tabula county, and thence by Sheffield and Plymouth, to Asbtab-
^ ula;
From Portsmouth, on the Ohio river, by Locust Grove, Belfast,
and Marshall, to Hillsborough ;
From Cleveland, via the township of Brooklyn, Rockport,Mid-
dleburg, Olmsted, Ridgeville, Eaton, Lapprte, and Carlisle, to
Oberlin ;
From Strongsville, via Berea to Olmsted ;
For extension of route from Meadvilleand Kinsman, Ohio,fia
the towns of Gustavus, Johnson, Mecca and Bezetta ; ^
From Marietta, via the valley of the Little Muskingum, Con-
ner's Mill, Chamber's Mill, Flint's Mill, and Gaysviile, to Woods-
field ;
From Toledo, via Lyman Parker's Farm, Chatfield's Mill,
Bridgewater, Angola, Jackson, Prairie Lima, and White Pigeon,
to St. Joseph, in Michigan ;
From Cincinnati by Mears' Farm, Withamviile, Amelia, Ban-
jtam, and Bethel to Felicity ;
From Goshen, Clermont county Ohio through Sloansville and
^oodsville to West Borough, Clinton county, Ohio ;
Digitized by CjOOQIC
1845 Chap. 74.
'3071
INDIANA.
From Indianapolis, via Broad Ripple, Bethlehem, Westfield^
Farmington, Shieldville, Canton, and Kobamo, to Peru ;
From Columbus, in Bartholomew county, via Rock Creek, to
West Point, in Decatur county ;
From Franklin, via IJensley and Bean Blossom, to Nashville;
From Decatur, \n Adams county, via Port Mahon, to Liberty
Mills, in Wabash county ;
From Rochester, in Fulton county, via Troy, Gilead, Niconza,
and Joseph Beckner's, to Wabash town, in Wabash county ;
From Lafayette, via* Parish's Grove, Milford, Illinois, Spring
Creek and Oliver's Grove, to Peoria, Illinois ;
From Lafayette, via Rensselaer, John Jones's, in Porter county,
and Valparaiso, to City West ;
From Washington, in Davis county, via Edwardsport and Ro"
bin*s prairie, in Knox county, to Carlisle, in Sullivan county ;
From Sinking Spring, via Bryantsville and Dougherty Shoals,
to Mount Pleasant, in Martin county ;
From Mooresville, via Waidsville, Millgrove, Upper Falls, Eel
river, and Samuel Kaufman's, to Poland post office, in Clay
county ;
From Mount Pleasant, in Martin county, via Harrisoaville, to
Bedford, in Lawrence county*;
From Madison, via Paris and Springford, to Brownstown, in
Jackson county ;
From Slateford to Rock ford, in Jackson county ;
From Brookville, via Jennings, Oldenburg, Enochsburg, Geor-
gus, and Allen^s Mills, to Greensburg ;
From Jamestown, in Boone county, via Darlington and York-
town, to Dayton, in Tippecanoe county ;
From Fort Wayne to Van Wert, in Van Wert county, Ohio;
From Delphi, in Carroll county, through the great Miami re-
serve, to Marion, in Grant county ;
From Clinton, Vermillion county, via Indiana Furnace, in said
county, to Paris, Illinois;
From Noble court house, via Springfield, Northport, Wright's
Cornersj and Ontario, to Lima, Lagrange county ;
From Princeton, in Gibsdn county, via the road comimonly cal-
led the " Buckskin road," to Boonville, in Warrick county ;
Frori^Bluffton, Wills county, to Fort Wayne, in Allen county;
From South Bend, in St. Joseph county, to Cacmel, via Ham-*
liionds and North Liberty ;
From Sage's ferry, to Rockford, in Jackson county ;
from Indianapolis, Hampton, DanvJIle, New Winchester, Bain-
bridge, Portland Mills, Rockville, Homansburgh, Montezuma, to
the State line between Indiana and Illinois, in the direction of
Springfield, Illinois.
ILLINOIS.
Indiaad.
lAinoiff
From Monmouth, in the county of Warren, in the State of II-
Digitized by CjOOQIC
3078 18^6 Chap. 74.
linois, via Berwick, Greenbusb, Woodville, Ellisville, and ^Cen-
treville, to Lewiston, in the county of Fulton, in the State of Il-
linois ;
From Peoria, in the county of Peoria, via Mount Hawley,
Wyoming, Toulon, Wethersfield, Cambridge, Geneseo, Sharon,
and CrandalPs Ferry, to Fuilon city, in the county of White-
side ;
From Indianapolis, Hampton,'DanvilIe, New WincheBter,BaiD-
bridge, Portland Mills, Rockville, Armiesburg, Montezuma, to the
State line between Indiana and Illinois, in the direction of Spring-
field, Illinois.
From Peoria, in the county of Peoria, via Mount Hawley, Wy-
oming, Toulon, Wethersfield, Geneseo, Sharon, and Crandall's
Ferry, to Albany, in the county of Whiteside ;
From Peoria, in the county of Peoria, via Mount Hawley, Wy-
oming, Toulon, Wethersfield, Geneseo, Sharon, CrandaiPs Fer-
ry, Parker's Grove, Otter creek, and Johnson's creek, to Savan-
nah in the county of Carroll ;
From Macomb, in the county of McDonough, via Bladensviile,
La Harpe, Camp creek, Pontotoc, and Appanoce, to Nauvoo, in
the county of Hancock ;
From Freeport, in the county of Stephenson, via Panama and
High Point, to Savannah, in the copnty of Carroll ;
From Savannah, in the county of Carroll, via Mount Carroll,
and High Point, to Freeport, in the county of Stephenson ;
From Pekatoneca, in the county of Winnebago, to Rock Grove
in the county of Stephenson ;
From Monmouth, in the county of Warren, via Cedar Creek,
McBride's Mill, and Millersburg, to Illinois city, in the county of
Rock Island ;
From the city of Galena, in the county of Joe Daviess, via
Bellyiew, to Andrew, in the county of Jackson, in the Territory
of Iowa ; • .
From Petersburg, in Menard county, to Beardstown, in Cass
county ;
From Springfield, via Petersburg, Bath, and Macomb to Dar-
lington, in the Territory of Iowa ;
From Jacksonville in Morgan county, via Petersburg and Mid-
dletown, toPostville, in Logan county;
From Beardstown, in Cass county, via Arenzville,^zeter,
Winchester, Glasgow, and Wilmington, to CarroUton, in Green
county ; •
From Bellville, in St. Clair county, via Fayette ville, Sparta and
Georgetown, to Murphysboro', in Jackson county ;
From Murphysboro', in Jackson county, via Vergennes Prairie
and Pinckneysville, to Nashville, in Washington county;
From Bellville, in St. Clair county, via Athens and Pinckoeys-
• ville, and then to intersect the mail route from Shawneetown to
Bellville at ox near the Iowa, or Little Muddy post office ;
From Equality, via Elizabethtown, to Salem in the State of
Kentucky ;
Digitized by CjOOQIC
1845 Chap. 74. 1073
From Golconda to Metropolig city ;
From Shawneetown, via Cypressville, Equality^BentoD, and
Nashville, to Bellviile and St. Louis ;
From Benton in Franklin county, to Mount Vernon, via Baine's
Mills and Compton's post office and Spring Garden ;
From Palestine, in Crawford County, via Robinson, the Morris
Settlement, and Bellair, to Greenup in Cumberland county.
From Charleston, in Coles county, via Moddrell's Point, Inde-
pendence, Daniel's Mills, and New Albany, to Urbanna, in Cham-
paign county ;
From Springfield, via Decalur, Monticello, and Danville, to
' Lafayette, in the State of Indiana ;
From Perry, in Pike county, via Coughenan's Mill, to Mount
Sterling, in Brown county ;
From Fayette in Green county, to Springfield, in Sangammon
county ;
From Carlingville, via Scottville, to Jacksonville, in Morgan
county ;
From Mount Vernon, via Frankfort, Marion, Vienna, and Me-
tropolis city, to Paducah, in the State of Kentucky ;
From Equality, via Sarahsvilje, to Marion ;
From Chicago, via Monroe, Elk Grove, Wickliffe, Miller's
Gi:ove, Cornishville, Crystalville, McHenry, Centre, Hartland,
Dunhaih's Corner, Cold Spring, Amazon, Hunter, and Round
Prairie to Roscoe,'in VS^innebago county, [llinois ;
From Belvidere, Boon county, via Amazon, and Burton's Cor-
ner, to Darien, in the Territory of Wisconsin ;
From Libertyviile, Lake county, via Salem to Burlington, in
the Territory of Wisconsin ;
From Lafayette, in the State of Indiana, via Parish's Grove.
Milford, in the Slate of Illinois, Spring Creek and Oliver's Grove,
to Peoria ;
From Ottawa, via Munsontown and Sutphen's Point, to Paw-
paw Grove ;
From Blue Island, in Cook county, via Bachelor's Grove, and
Hadlcy, to Juliet, in Will county ;
From Belvidere, in Boone county, to Roscoe, in Winnebago
county ;
From Chicago, via Babcock's Grove, St. Charles, Sycamore,
Coltc^ille, and Grand De Tour, to Albany, in Whiteside
county ;
From Ottawa, in La Salle county, via Middlepoint, Newark,
Yorkville, and Oswego, to NaperviUe, in Du Page county ;
From Chicago, via Blue Island, Thornton, Crete, Kankakee
upon Crossing, Concord, Parish's Grove, in the State of Indiana,
and Mechicer Bridge, to Lafayette, in the State of Indiana ;
From St. Charles, Kane county, via Berkshire, Genoa, and
Hicks' Mills, to Cleveland, Boon county ;
From Georgetown, Vermillion county, to Chilicothe, Vermil-
lion county ;
Digitized by CjOOQIC
3074
1845 Chap. 74.
lionbiaM.
AltbuM.
From Littlefort, Lake county, via McHenry, Hartland, Neper*
sink, and Stetenson, (on the Piskesaw creek,) to Belvidere ;
From Bloomington, McLean county, via Lexington, Indian
Grove, Avoca, Pontiac, Sunbury, and Eagle, to Ottawa ;
From Springfield in Illinois by Lick ^reek, Waverly, Cum-
mington, Chesterfield, and Brighton, to Alton, Illinois;
From Oquawka, in the county of Henderson, via Warren Mc-
Queens Mill or Shokokon, East Bend, Appanooce, and Nauvoo,
to Warsaw in the county of Hancock ;
From Centreville, the seat of justice of McHenry county, via
Solomon Beldin's on the north side of the Kishwaukee to Ma-
rengo ;
From Carlyle in Clinton county, via Hanover, to Mascontah,
in St. Clair county ;
From Carlyle, via Pleasant Ridge, Covington, and Sassafras
Hill, to Nashville in Washington county ;
From OIney in Richland county, to Louisville, in Clay county,
and thence by Nicholsville or Jerolds, to Vandalia in Fayette
county.
LOUISIANA.
From Thibodeauville to Field's Mill ;
From Houma, in the parish of Terre Bonne, through Bayou
Black and Bayou Bceuf, to Pattersonville ;
From Fort Jesup to G. TB. Beers's onrthe Sabine river;
From Minden Bayou to Union court-house in the Slate of Ar-
kansas ;
From Minden to Conway, in the State of Arkansas ;
From Monroe to Union court-house in the State of Arkansas ;
From Shreveport, via Willow Chute to the seat of justice of
the Parish of Bossier, thence to Conway in the State of Arkan-
sas;
From New Orleans to the Balize ;
From Farmersville in Union Parish to Eldorada in Union coun-
ty Arkansas, once a week on horse back ;
From Morganza in the Parish of Point Coupee to Opelousas.
From Nachitoches to Mount Lebanon, via St. Maurice, Cedar
Creek, Saline Mills, Mr. Prothers, Moblej^'s Mills, and Robinson's
Mills, weekly ;
From Natchitoches to Monroe, Wachita^ via Saline Jktills,
weekly. ^
ALABAMA.
From Jacksonville by the way of Rabbittown, CarmichaePs
Pounds, Kemp's cfeek, Defries's, and Boiling Spring, and back
to Jacksonville ;
From Tuscaloosa, in Tuscaloosa county, through Jasper, to
Somerville, Alabama ;
From Elkton, Tennessee, through Athens, to Decatur, Ala-
bama ;
Digitized by
Google
1846 Chap. 74 3075
From Summerville, Georgia, to Chattoogaville^ to be extended
to Gayiesville, Alabama, and JeflTerson ;
From Tuscaloosa to Columbus, Mississippi, on the upper Co-
Iambus road ; ^
From Mc Donald, county seat of Randolph county, Alabama,
to Franklin, county seat of Heard county, Georgia ;
Froni Tuskegee, Macon county, to Troy, Pike county ;
From*Mount Pleasant, Monroe county, to Suggsville, Clarke
county ;
From Barboursville, in Wilcox county, by way of Bear Creek ,
Shiloh and Dixon's Mills to Nanafalia ;
From Centreport, Dallas county, to Greenville, Butler county ;
From Nanafalia, Marengo county, Alabama through Tomp-
kinsville, to Marion, in the county of Lauderdale, Mississippi ;
From Bolivar, Alabama, to Winchester, Tennessee;
From Greensboro, by Wither's Landing and Buzzard's Roost,
to Livingston, in Sumter county.
From Tuskegee, in the county of Macon, via the Warrins
Stand, Steam Mills, and Enon, in the said county, to Eufaula in
the county of Barbour ;
From Eufaula, in the county of Barbour, via Abbeville, Co-
lombia and Woodville in the county of Henry, Daleville, in the
county of Dale, to Geneva in.the county of Coffee;
From Woodville, in the county of Henry, to Bainbridge in the
county of Decatur, Georgia, via Mariana in Florida ;
From Wetumpka, in the county of Coosa, to Talladega Springs
in Talladega county, by the old Jackson trace ;
From Clinton via Warsaw, Cooksville, Macon, and Mashula*
ville, to Louisville, Mississippi ;
From Alexandria, Benton county, by Cane creek. Iron Works,
Ten Islands, to Ashville, St. Clair county;
. From Elyton, in Jefferson, by Ashville, St. Clair county, to
Rooie, Georgia ;
From Tuscaloosa, via Fayetteville, Hughs' Mill, to Rjusselville.
ARKANSAS.
A post-route from Batesville, via Heath's Ferry, Litlle Rocky
Bayou, Richwood's post office, Sylamon creek, and Wylie'sCove
to Lebanon, in Searcy county ;
A post route from Camden, in the State of Arkansas, to Min-
den in^e State of Louisiana, via Tait's bridge, on the Surack-
over creek ;
A post route from Pocahontas, in Randolph county, to Eleven
Point post office, Ripley county, in the State of Missouri ;
A post route from Carrollton to Curiton in Barry county, Mis-
souri, via the mouth of Butler's creek, on white river, through
the settlement in Prairie township, in Carroll county ;
A post route from Little Rock, by the residence^of Presley
Watts on the Washita ridge, to the town of Camden, on the
Washita river, in the State of Arkansas ;
Apost route beginning at Little Rock, thence to Man villa,
Arkannf.
Digitized by CjOOQIC
3076 1845 Chap. 74.
twenty-fi^e miles ; thence to Perry villa sixteen miles ; thence to
Petit Jean twenty-five miles ; thence to Danville sixteea miles;
thence to Sugar creek twenty-six miles; thence to Walter Can-
thron's ten miles ; thence to a place called Dallas in the State of
Arkansas ;
A post route from Perryville, via William Huston's, Green
Smith's, James Briggs, William J. Park's, to Parke's post office io
the State of Arkansas ;
A post route from Columbia, Chicot county, via C^rke's planta-
tion on the Bartholomew FouAtain prairie, Longview, Burk's
Landing, to Eldorado, the seat of justice of Union county ;
A post route from Eldorado, Union county Arkansas, to Farm-
ersville in Union parish in Louisiana.
A post route^ from Izard court-house in Arkansas to Spring-
field in Missouri, via John T. Talbots, Thomas Stone's on Little
North Fork of White river ;
A post route from Benton via Joel Brown's and M.K. Edwards
to Stacy Lock hart's on Lost creek>.
A post route from Little Rock^ toFort Smith on the South side
of Arkansas river ;
A post route frem Little Rock, via the residence of James Lew-
son, jr. and North Fork settlement, the nearest route to Hot
Springs.
MISSISSIPPL
From Providence, Louisiana, via Princeton, Mississippi, Boli-
« var court-house, Victoria, and Coahomo, to Commerce, in Missis^
sippi ;
From Oxford, Lafayette county, Mississippi, to Houston, is
Chickasaw county, in said State ;
From Ripley, in Tippah county, Mississippi, via Carrollville,
to Fulton, in Itawamba county ;
From Kosciusko, in Attala county, via Conn's Ferry, to Frank-
lin, in Holmes county ;
From Shieldsbordugh, Hancock county, via Pass Christian,
Mississippi City, to Biloxi, Harrison county ;
From Augusta, Greene county to Pass Christian, Hancock
county ;
From Memphis Tennessee, via, Mc Mahon, Chulohoma, Col-
lege Hill, to Oxford, Lafayette county ;
From Gray's Port, Yalabusha county, to Houston, CMbkasaw
county ; ^
From Colbert, Lowndes county, by way of West Point to Sa-
vannah, Chickasaw county.
>fl-cw«. MISSOURL
From Fredericktown, in Madison county, via Lesterville and
Shannon court-house, to Ellsworth, in Wright county ;
From Port William, in Franklin county, to Shelby Crawford'f,
in Little PrairiOi Crawford county ;
1
MiariitlppL
Digitized by
Google
I84S — CuF. 74. wrr
From New lladridi in thecMoty of New Madrid^ to OaoecdB,
Miasmippi coontjr, Arkansas ;
From Warsaw^ in Benton county, lo Osceola, in St Clair
county ;
From Howard^B, in Morgan county, via Georgetown, Fairview,
and Mulky's Old Mills, to Warrensburgb, in Johnson coupty ;
From Lexington, in Lafiiyette county, via Warrensburg, in
Johnson county, to Clinton in Henry county ;
From High Creek post office, in Holt county, to Daniel Hunt-
sacker's on the Nishenabotoa.
From Bolivar in Polk by Greenfield in Dade county, tbenoe
by Oakland College and Sarcoxie to Neoaho in Newton county,
once a week on horse back ;
From Warsaw io Benton to Buffaloe in Niangoa county ;
From West Port, Jackson cooi^ty, to Van Buren in Arkansas,
once a week on hone back ;
From Jefferson city, via Stone's Port, to Colombia in Boon
county, once a week on horseback ;
From Benton in Scott county, to Mills Point, Kentucky) via
Millers Steam Mill, once a week on horse back ;
From Tuscombia, in Miller, to Springfield in Green county ;
From Savannah by Back and Moore'^ Mill8,to the Thre^ Forks
of Nodaway river to Andrew Brown's Mill,
From Independepce by West Port and Fort Leavenworth to
Weston ;
Froas Warsaw, Benton county, by way of Buffalo, Dallas coun-
ty, to Springfield ;
From Mount Ridge in Clinton county, via Grindstone Forki to
Sandsville on Green river ;
From the eity of Warsaw in Benton county, via Buffalo in the
county of Niagara to Waynesville in the county of Pulaski ;
From Savannah, via Round Prairie and Brown's Millf to the
Three Forks of the Nodaway river.
. ARKANSAS.
From Jackson, Lawrence county, via and up Spring river, to
the court-house in Fulton county ;
From Arkadelphia, in Clark county, via Janes's Ferry on the
Little Missouri river, Clark's Mills and Spring Hill, to Fulton, in
Hempstead county ;
Fronf'Fulton, on Red river, via Pine Prairie and Layn^port^
to Fort Towson, on said river ;
lp*rom Paraclifta, in Sevier county, via Casetete Bayou, to Qooa<-
ville in Scott county*
From Joseph Tomlinson's on the route from Washington ifi
Hempstead county, via Black Jack, and Vache Grass to Fort
Smith ;
From Clarksville in Johnson county, via Piney P. O. apd Jps-
per court-house, to Carrollton in Carroll coupty ;
From Carrollton, to Flatt Creek post office in Barry county,
Missouri;
57
ArkftMU
Digitized by CjOOQIC
3078
1846 — -Chap. 74.
Mlehifu.
PlorUa.
From Champagnole, on the Wasfhita river, via Eldorado to
Murrell's on the mihtary road from WashingtoOyHenipslead coub^
ty, to NalcbilocbeSy Louisiana.
MICHIGAN.
From Maumee city, Ohio, to Monrovia, via to Swanton, FqI"
ton, Actria, Chesterfield, Morenci, Canandaigua, Clayton, Had-
* son, Osceola, and Hillsdale, to Jonesville ;
From Oakviile, Michigan, northeast six miles on the surveyed
road leading through the centre of the township of Sumpter, in
the county of Wayr>e, until it intersects the territorial road lead-
ing from Pontiac to Monroe, one mile south of the centre of the
township of Sumpter, thence northerly on said territorial road to
Wayne depot on the Central rail-toad ;
Froih the Grand Rapids, in the county of Kent, via All^o,
Allegan county, to Pawpaw Van Buren-county ;
From Ionia, in Ionia county, via Dexter*8 and ButterfieldV to
Grand Rapids, in the county of Kent ;
From Corur>na, rn the county of Shiawassee, to Northamptoo,
in the coonty of Saganaw ;
From Pontiac, rn Oakland coonly, to Orion, in said county;
From Pontiac, via New Canandaigua, to Lapeer ;
From Port Huron, via BurchvrHe, to Lexrngton ;
From Mount Clemens, via Vienna, Myers' school-house at Ray
Centre, to Romeo ;
From Grand Rapids in the county of Kent, via TarTmadge
and Nortonville to Grand Haven in the county of Ottowa ;
From Grand Rapids, in the county of Kent, to the Muskegoa
Mills, on the Muskegon river, in Newaygo county ;
From Grand Rapids, in the county of Kent, via Platnfield aod
Courtland, to Lincoln's Mills in the county of Montcalm ;
Froin Lincoln's Mills in the county of Montcalm, to Ionia is
Ionia county ;
From Ionia, in Ionia county, to Marshall, in Calhoun connty;
From Ionia, Ionia county, to Yankee Springs, in Barry county;
From Lyons, in Ionia county, to North Plains, in the same
county;
From Grand Haven in Ottowa county, to the mouth of Mtii-
kegon river, in the same connty ;
From the mouth of the Muskegon river, in Ottowa county, to
the Muskegon Mills in Newaygo county ;
From Mount Clemens, in Macomb county through the towni
of Macomb and Ray, to Romeo in said county ;
From the Sault de St. Marie to Fort Wilkins on Lake Sape-
rior.
FLORIDA.
From Ne^DAnville to Mc Kinney's In Columbia county;
From Marianna \o St. Andrews bay.
Digitized by
Google
184» -Chap. 74 3079
wiaooNSm.
Prom Milwauhie, via Wawatoosa, Brookfield, Lisbon^ Warren,
Piperville, and Waterlown, to Washita ;
From Milwaukie, via Watertown,. to Fort Winnebago ;
From PrairJcville, Milwaukie county, via North Prairie, in said
county, and Palmyra, Jefferson county, to While Water, Wal-
worth county ;
From Milwaukie, via Lisbon and Warren, to Summit, Milwau-
kie county ;
From Milwaukie, via Jefferson, to Madison ;
From PrairieviUe, via Bark river, to Fort Atkinson ;
From Lancaster, in Grant county, to Wiogville, in tho same
county ;
Erom Madison to Fort Atkinson, Jefferson county;
From PrairieviUe, via Genesee, North Prairie, Eagle Prairie,
White Water, Fort Atkinson, and Snell's Lake, to Madison r
From Mukwonego, via Eagle Prairie, White Water, and Fort
Atkinson, to Madison ;
From Milwaukie, via Mukw<!>nego, White Water, Outlet of
Lake Kushkonong, and McFaden's to Mineral Point ;
From Mukwonego, via English Prairie, White Water, and ForV
Atkinson to Madison ;
From Milwaukie, via Jefferson, to Madison ;
From Milwaukie, via Hustis Rapids, in Dodge county, and Co-
Iambus, in Portage county, to Fort Winnebago;
From Mukwonego, via Eagle Prairie, White Water, Fort At-
kinson, and Cottage Grove, to Madison ;
• From Madison, via Sun Prairie, Columbus, and Beaver Dam,
to Wampum«
From Fort Winnebago, via Green Lake, to Fond du Lac ;
From Milwaukie, via Hustis rapids on Rock river, to Fort
Winnebago ;
From Milwaukie, via St. Mary's Muskago, Great Bend, Roch-
ester, in Racine county, Troy, in Walworth county, Elk Horn
and Delevan, to Beloit, in Rock county ;
From Ottowa, Illinois, via Fox river and Elgin, to Racine in
Wisconsin Territory ;
From Chicago, Illinois, via Wheeling, Mc Henry, and Solon,
in said State, to Geneva, Walworth county, Wisconsin Terri-
tory ;
From Milwaukie, via Wanmantoosa, Brookfield, Lisbon, and
Warren, to Summit ;
From Madison, via Sun Prairi'^, Columbus, and Beaver, to
Wapun, Fund du Lac county ;
From Aztalon, via Waterloo, and Columbus to Fort Winne-
bago;
From Racine to PrairieviUe in Milwaukie county, passing
through Caledonia and M'jskigo ;
From Racine to WKeetland, and Geneva, Walworth coooty,
through Pike's Grove ^ and KcUog's corners ;
Digitized by
Google ^
wm I84f Chap. U.
From Racine to Betort id Rock county, ptiiiog through Bur-
iingtoD, Lyonsville, Delevan, and Darten ;
From Gratiot's GroTCi Iowa county, to Madiaon, the seat of
Government ;
From Janesville, Rock county Wisconsin, to Belvidere, Boon
county Illinois, via Waterloo, Northwest corner of section five^
township forty-six north ;
From Green Bay, to Fort Wilkins, od Lake Superior, in the
State of Michigan.
Iimt. IOWA.
From Washington court-house, via Keokuk court-house, Co
Mahaska court-house ;
From Brighton, Tia Richland, to Mahaska court-boose }
From Keosauqua, Tia Davis court-house, to the centre of A|>-
penoose county ;
From Fairfield, via ^' Agency city,^ Ottantwa, and Eddy ville,
through the Siz-mile prairie in Mahaska county, to the present
United States Indian Agency on the Des Moines river ;
From Fairfield to Mahaska court-house ;
From Biooroington via Moscow, Tipton, and Franklin, to Ma-
rion, Linn county ;
From Bellview, via Spring Brook, and Coxe's Mill, to Spring-
field ;
From Nauvoo, Illinois, to Montrose, Iowa ;
From Burlington, via Captain Henry Settle's, John Saliday's,
and Iowa river to Toolsborough ;
From Galena, Illinois, via Bellview, Iowa, to Andrew, Jackson
county ;
From Galena, Illinois, via- Bellview, to Makokety post office,
Thorn's and Anderson's Mills, on the Wapsipinicon, and Tiptoo
to Iowa city ;
. From Dubuque, via Garry Owen, (Irish settlement,) Lodge's
Ford, on the Makokety river, and Thorn's Mills, on the Wapsi-
pinicon, to Bloomington ;
From Dubuque, on the Territorial road, via the ** Colony,^ or
Moreland's Settlement, and Eads's Grove, to Fort Atkinson, on
Turkey river ;
From Dubuque, (in two horse coaches,) via Cascade and Mar-
ion, to Iowa city ;
From Fairfield, via the '' Colony" and lowaville, to the county
seat of Davis county ;
From Iowa city, to the cou.^ty Bfpt of Poweshiek county ;
From Marion, to the county seat of Benton county ;
From Dubuque, via the County seat of Delaware county, to
the county seat of Buchanan couiity ;
From Jacksonville, Clayton coub^ty^ v» the county seat of Fay-
ette county, to Fort Atkinson ;
From Iowa city, to the county seat %."^t Mahaska county ;
From Oscaloosa, county seat of Mah.vi^& county, via Lake
Prairie, to Red Rock ;
\
Digitized by CjOOQIC
1846 Chap. U—7S. 3081
From Marion in Linn county, through the settlements of Mc-
Gonigle, Loekhart, Osborn and Davit, to Quathqueton, Bachanan
county, Iowa ;
From Galena, Illinois, via Bellview, Spring Brook, and Broth
Creek, to Andrew, in Iowa ;
From Eddyville, in Wappello county, to Clark't Point, in Kish-
kekoth county ;
From Oscalooza, via the '* Six-mile Prairie,'* to the Millt, near
where the Red Cedar Cr^k empties into the Det Moines.
^ 2. And beU further enacted. That the above routes shall >n£°''%«!;tHS!
go into operation on the first day of July, eighteen htindred and ''*^^'
forty-five, or sooner, should the funds of the department justify
the same: Provided^ That as soon as a responsible contractor ^'^^^-
thall offer to transport the nmilt over any portion of the routes
included in this bill, or in that approved on»the thirty-first of Au-
gust, eighteen hundred and forty-two, entitled " An act estab-
lishing certain post roads," for the revenue derived from the new
tVffices to be established thereon, the Postmaster General shall
have the power forthwith to put them into operation.
Approved, Marched, 1845.
CHAP. 75. An act supplemental to the act for the admissioo of Florida
and Iowa into the Union, and for oth^ purposes.
^ \. BeU enacted^ fyc, That in consideration of the conces-
sions made by the State of Florida in respect to the public lands '^'^'W*-
thero be granted to the said State eight entire sections of land for ^^^ ^^ ^^^
the purpose of fixing their seat of Government ; also, section nam- for Mat of oot'.
ber sixteen in every township, or other lands equivalent thereto, *''""^*'
for the use of the inhabitants of such township, for the support PoUic mImoIs,
of public schools ; also two entire townships of land, in addition
to the two townships already reserved, for the use of two semi- senipariti er
nariesof learnmg — one to be located east, and the other west of
the Suwannee river ; also, five per centum of the nett proceeds
of the sale of lands within said State, which shall be hereafter
sold by Congress, after deducting all expenses incident to the £dacation.
same ; and which said nett proceeds shall be applied by said State
for the purposes of education.
^ 2. And be it further enacted. That all the laws of the Uni- v^^^^ tl
ted States which are not locally inapplicable, shall have the same ^«^<>*-
force and eflect within the said State of Florida, as elsewhere
within the United States.
^3. And be it further enacted. That the said State shall FiorMaio6«n.
compose one district, to be called tlie district of Florida. And a ?«••"•**•*'»«*
district court shall be held in said district, to consist of one judge, Dj^^rf^j ,5,,,^
who shall reside within the district to which he is appointed, and
be called a district judge ; and shall in all things have and exer- Jad|«.
cise the same jurisdiction and powers which were by law given
to the judge of the Kentucky district under an act entitled An '«^*®**«-
act to establish the judicial courts of the United States, the said
judge shall appoint a clerk at the place at which a court is hol-
den within the respective district, who shall reside and keep the ^^'
19
Digitized by CjOOQIC
3083 1845 Chap. 76—76.
records of the court at the place of holding the same ; and sball
receive, lor the services he may perform, the same fees to which
the clerk of the Kentucky district is entitled for simihr ser-
vices.
Extra uniwM ^ 4- ^^ ^^ it further enacted^ That the judge of the district
of the court, ^f pionda shall hold extra sessions at any time when the public
interest may, in his opinion, reqiure the same.
^ 5. And be it further enacted^ That the judge of the dis-
J^h^wu^* trict of Florida shall hold one sessioi^ annually at the following
places, to wit, at Tallahassee, on the first Monday of January ;
at St. Augustine on the first Monday of April, and at Key West
on the first Monday in August.
coniMnMtton ^ 6. Afid be it further enactedy That there shall be alloned
of tte jndgo. ^^ ^1^^ judge aforesaid, an annual compensation of two thousaod
dollars, to commence from the date of his appointment, to be
paid quarter-yearly at the treasury of the United States,
u. 8. attorney ^ 7. And be it further enacted ^ That there shall be appointed
to bo appoiuto . j^ gj^jj jigif-nji a person learned in the law, to act as attorney fof
conpooMtioii. ^^^ United States : who shall in addition to his stated fees, be
paid by the United States, two hundred dollars, as a full compen-
sation for all extra services,
u. B. manhai ^ 8. And be it further enacted. That a marshal shalLbe ap*
tobnappoiDttc. p^j„j^j jn gaij district, who shall perform the same duties, be
subject to the same regulations, and penalties, and be entitled to
the same fees as are prescribed to marshals in other districts ; and
^^ shall moreover be entitled to the sum of two hundred dollars an-
mpungatioD. ^^^^^y ^^ a Compensation forall extra services. And thatthesal-
Sftiart of dia. ai*y of the district judges of the district courts of the districts of
ttietjoagM. Ohio, Indiana, Illinois and Missouri, shall hereafter be, one thou-
sand five hundred dollars per annum.
Approved, March 3d, 1845.
CHAP. 76. An act supplemental to the act for the admission of the States
of Iowa and Florida into the Union.
ApDiiG«iioD of ^ \. Beit enacted, fyc, That the laws of the United Sutes
iSJ,^' *•**''•*** which are not locally inapplicable, shall have the same force and
efllect within the State of Iowa as elsewhere . within the United
States.
Diftriet coorL ^ 2. And be it further enacted. That the said State shall be
one district, and be called the district of Iowa ; and a district
court shall be held therein, to consist of one judge, who shall
reside in the said district, and be called a district judge. He
shall hold, at the seat of government of the said State, two ses-
sions of the said district court annually, on the first Monday ia
Jnriadtetioo. January, and he shall, in all things, have and exercise the same
jurisdiction and powers which were by law given to the judge of
the Kentucky district, under an act entitled '< An act to establish
ctork. the judicial courts of the United States." He shall appoint aderk
for the said district, who shall reside and keep the records of the
said court at the place of holding the same; and shall receive*
Digitized by CjOOQIC
1846 -Chap. 76. 3083
fot the services performed by^ him, the same fees to which the
clerk of the Kentucky district is by law entitled for similar ser-
vices.
^ 3. And be it further enacted, That there shall be allowed compeDntioo
to the jud^e of the said district court the annual compensation «f i^« j»<*««-
i\( fifteen hundred dollars, tp commence from the date of his ap-
poiptment, to be paid quarterly at the treasury of the United
States. ^
^ 4. And be it further enacted, That there shall be appoint- to^lp,i'toS?
ed in the said district, a person learned in the law, to act as at-
torney for the United States ; who shall, in addition to his stated
fees be paid annually by the United States two hundred dol- CompeoMtion.
lars^asa full compensation for all extra services: the said pay-
ment to be made quarterly, at the treasury of the Unite<l States.
'J 5. And be it further enacted, That a marshal shall be ap- to^lp^ulSL*
pointed for the said district, who shall perform the same duties,*
be subject to the same regulations and penalties, and be entitled
to the same fees, as are prescribed and allowed to marstials in conpeonuoo.
other districts; and shall, moreover, be entitled to the sum of
two hundred dollars annually, as a compensation for all extra ser-
^'^*' PropMillons u>
^ 6. And be it further enacted, That in lieu of the proposi- fj^K'*"k**' '*f
tions submitted to the Congress of the United States, by lan or- lowa.'** '"**"
dinance passed on the first day of November, eighteen hundred
and forty-four, by the convention of delegates at Iowa city, as-
sembled for the purpose of making a constitution for the Slate of
Iowa, which are hereby rejected, the following propositions be,
and the same are hereby, offered to the L'^.gis ature of the State
of Iowa, for their acceptance or rejection ; which, if accepted,
anderthe authority conferred on the said legislature, by the con-
vention which framed the constitution of the said State, shall be
obligatory upon the United States:
First. That section numbered sixteen in every township of for^ST,* *ii"Jf
the public lands, and, where such section has been sold or other- •«^'»*»*«-
wise disposed of, other lands equivalent thereto, and as contigu-
ous as may be, shall be granted to the State for the use of
*^'^^^'**- Grantor lands
Second. That the seventy-two sections of land set apart and<oriii«uM of a
reserved for the use and support of a University, by an act qj""**"*^''*
Congress approved on the twentieth day of July, eighteen hun-
dred and forty, entitled ^* An act granting two townships of land
for the use of a university in the territory of Iowa," are hereby
granted and conveyed to the State, to be appropriated solely to
the use and support of such university, in such manner as the le-
mslature may prescribe. ^ * ,, .
» __, . , mrw%t #- • • /*iii i«« Grant of landa
Third. That five entire sections of land, to be selected and for eompiHin«
located under the direction of the legislature, in legal divisions of ISJ,?*'"" '*"^***
not less than one quarter section, from any of the unappropriated
lands belonging to the United States within the said State, are
hereby granted to the State for the purpose of completing the
public buildings of the said State, or for the erection of public
Digitized b-y CjOOQIC
3084 1846 Chap. 76—77.
buildings at the seat of government of tke said Stats, as the
legislature may determine and direct.
Fourth. That all salt springs within the State, not exceeding
r^«d to'*tha twelre in number, with six sections of land adjoining, or as con-
Btaw. tiguous as may be to each, shall be granted to the said State for
its use ; the same to be selected by the legislature thereof, within
one year after the admission of said State and the same, wheqlso
selected, to be used on such terms, conditions, and i^ulationSy'
as the legislature of the Slate shall direct : Proru/eoTThat no
proTiw. gj^ij spring, the right whereof is now vested in any individual or
individuals, or which may hereafter be confirmed or adjudged to
any individual or individuals, shall, by this section, be granted to
said State : And provided, alao, That the General Assembly
FurtiMr P'«^*~*g|,^|| never lease or sell the same, at any one time, for a longer
period than ten years, without the consent of Congress.
9 t oent of F'^^'^* That five per cent, of the nelt proceeds of sales of all
net proo»«di of public Isnds lying within the said State, which have been, or shall
p^^filtated**' f^r be sold by Congress, from and after the admission of said State,
n»d»audcaD«i*.j^|-jg^ deducting all the expenses incident to the same, shall be ap-
propriated for making public roads and canals within the said
State, as the legislature may direct : Provided, That the five fore-
^"* going propositions herein offered are on the condition that the
legislature of the said State, by virtue of the powers conferred
upon it by the convention which framed the constitution of the
lowtBottoin-"*^ Slate, shall provide by an ordinance, irrevocable without the
iorftM with dii- consent of the United States, that the said State shall never in*
Itebadaf Ae.**"^' terfere with the primary disposal of the soil within'the same by
the United States, nor with any regulations Congress may find
to^?«3^*""* necessary for securing the title in such soil to the bona fide pur-
Nun-retidenu chasers thereof ; and that no tax shall be imposed on lands the
higher tiiM resi- property of the United States; and that in no case shall non*
^^°^ resident proprietors be taxed higher than residents ; and that the
ikmnty innda i>oun^y l^nds granted, or hereafter to be granted, for military ser-
UMt'S" whSS ^'ces during the late war, shall, while they continue to be held
h||idby the pet- by tho patcntces or their heirs, remain exempt from any tax laid
tSSTrm tbr««by order or under the authority of the State, whether for State,
'**"* county, township, or any other purpose, for the term of three
years from and al\er the date of the patents, respectively.
Approved, March 3d, 1845.
CHAP. T7, An act making approriations for the naval service for the year
ending the thirtieth June, eighteen hundred and forty-six.
iNatmicootinie. ^2. Af^d be it further enacted, That naval constructors majr
•*»• be required to perform duty at any navy yard or other station ;
and when so ordered, shall be entitled to the same allowance for
travel which is made to officers of the navy.
<^ 3. And be it further enacted. That so rar
0rdDuiM,go*wviso to the act of the third March, eighteen hunc
JSI?,'';nd"!!JlI^ three, entitled *' An act makinar aopropriations foi
wTrf BTft^foJ^*^ ^^^ ^^^ half-calenda'* 'nning the f
Digitized by CjOOQIC
1846 Chap. 77. 3086
lifid ending the thirtieth day of June, eighteen hundred, and for- JSui.** ^Sr'*"
iy-three, and for the fiscal year beginning the first of July, eight- 'i^'*'^ ^ >» fu^
een hundred and forty-lhree, and ending the thirtieth day'iract!* by con-
of June, eighteen hundred and forty-four," as requires that ^****''^®^'
provisions, and all other materials of every name and nature, for
the tise of the navy, to be furnished by contract, with the lowest
bidder, after advertisement, shall be, and the same is hereby, so far
modified that it shall not apply to ordnance, gunpowder, medi-
cines, or the supplies which it may be necessary to purchase out
of the United States, for vessels on foreign stations,
^ 4. And be it/urthei' enacted, That no more than one hun-
dred and eighty passed midshipmen, and those senior in rank, p*/. ^^ p*****!
shall at the same time receive the pay fixed by law for that class *'"**''
of officers.
<J» 5. And be it further enacted, That midshipmen shall
hereafter be appointed from each State and Territory with refer- .Awaintnwot of
ence and in proportion, as near as may be, to the number of rep-"* *'"*"'
resentatives and delegates to Congress ; and that, until such a
proportion shall have been established, all future appointinents
shall be made from such States and Territories as have not their
relative proportion of midshipmen on the navy list, whenever
there are suitable applicants from such States or Territories, and
provided further, that in all cases of appointment, the individual
selected shall be an actual resident of the State from which the
appointment purports to be made, and that the District of Colum-
bia be considered as a Territory in this behalf.
^ 6. And be it further enacted. That so much of 4he act en*
titled an act to regulate the pay of the navy of the United Aci'of'iffls, e.
States, approved March third, one thousand eight hundred and ^^ ''•'• ^ p
thirty-five, as provides, that no officer shall be put on furlough but
at his own request, be and the same is hereby repealed.
^ 7. And be it further enacted. That in lieu of the mode
heretofore provided by law, the engineer-in-chief, and chief ^J£|j*y°{j;J
engineers of the navy shall be appointed by the President, by »»▼/-
and with the advice and c6nsent of the Senate ; and that the
President, by and with the like advice and consent, may appoint EnffDeenin tb*
six engineers, to be employed in the revenue service of the Uni- '•^^"^ ••rwce.
ted States, and the Secretary of the Treasury may appoint six
assistant engineers, to be employed in the like service, one engi-
neer and one assistant to be assigned to each steameirin the said
service, if the same shall be deemed necessary by the Secretary
of the Treasury, who shall prescribe the duties to be performed
by said officers respectively; each of the said engineers shall be •
entitled to receive the same pay as now is, or hereafter may be,
by law, allowed to first lieutenants in the revenue service ; and
that each assistant engineer, shall be entitled to receive the same
pay that now is, or hereafter may be by law allowed to third
lieutenants in said service.
^ 8. And be it further enacted, That no more than one Pur^^
Pfty of paiwn
•tMvy Tmras.
58
Digitized by VjOOQIC
3086 1845 Chap, 77—78. — -Resolution, 1-
ser doing duty at any navy yard shall at the same time be ent^
tied to the pay fixed by law for that service.
ad.and 3d mc- <^ 9. Afid be it further enacted, That the term " persons/'
£!mui. 1^,63^ mentioned in the second and third sections of an act passed
tended to fc«^ March second, one thousand eight hundred and thirty-seven, en*
ggAot^of 1W7, c. titled " An act to provide for the enlistment of boys for the na-
9535. ^ ' ' val service, and to extend the term of enlistment of seamen/'
shall be construed to include marines.
PobUeaUoD for ^12. And be U further enocted^ That in all cases where pnn
iC^sSeathe'be^posals for any contract or contracts, to be made by any of the Ex-
fwtnwDte. ecutive Departments or Bureaus, and in all cases where notices
of any description, issuing from the same, are now required by
law to be advertised, the same shall be advertised by publication
in the two newspapers, \m the city of Washington, having the
largest permanent subscription, and at the discretion of the Ex-
ecutive in any third paper that may be published in said city :
Provided, That the charges for such publications shall not be
higher than such as are paid by individuals for advertising in
said papers : And provided also, That the same publications
shall be made in each of said papers equally, as to frequency.
Approved, March 3cl, 1845.
CHAP. 78. An act relating to revenue cutters and steamers.
Nora^oeeot. ^ l> Bc it enacted, SfC, That no revenue cutter or revenue
£'iSif!!!?^!f steamer shall hereafter be built (excepting such as are now in the
M buin, Bor par- i.t.ti« • -^xi i «
ehaeed, witbomoourse of Duildmg and equipment)nor purchased, unless an ap-
thwSMv'"^ propriation be first made, by law, therefor.
Passed, March Zd, 1845.
RESOLUTIONS.
[No. 1.] A resolution explanatory of An act making appropriatioDS ibr
the payment of revolutionary and other pensions of the United States
for the fiscal year ending the thirtieth of June one thousand eight hun-
dred and forty-five.
citiDipandiaK Resolvsd by the Senate and House of Rqpresentaiives of this
Sb^ JlSJrtS ^^^^^ States of America in Congress assembled, That the
not affeoted by act entitled << An act making appropriations for the payment of
^priSiMMt?^ revolutionary and other pensions of the United States for the
tnu^'p. ^ ^^' fiscal year ending on the thirtieth of June, one thousand eight
hundred and forty five," shall not be so construed as in any way
to afiect the claims of those widows whose application for a pen-
sion, or an arrear of pension, at the passage of this resolution,
shall have been made and filed in the Pension Oflice, awaiting
the decision of the Commissioner of Pehsions thereon.
Approved, January 23d, 1845.
NDigitized by CjOOQIC
1845 Resolutions, 4—7. 3087
[No. 4.J Joint resolution authorking the Postmaster Qenerai of the Uni-
ted States to contract with railroad companies in certain cases without
advertisiog for proposals therefor.
Resolved, ^c, That the Postmaster General be, and be hero- ^^J^'**/ ^jg
by is, authorized to make and enter into contracts with any rail-an> mUrMd.
road company for the transmission of the mail, without advertis-
ing for bids od such railroads, as now required by law.
Approved^ February 20th, 1845.
[No. 5.] A resolution for distributing the work on the Exploring Expedi-
tion,
- Resolvedf fyc.y That as each part of the work now in course S^/^aLS ib?
of publication on "The Exploring Expedition" shall be comple- **^'***'^-
ted, fifty-eight copies of the same shall be delivered to the Sec-
retary of State, to be distributed as follows, that is to say : To
each of these United States, one copy ; to the Government of
France, two copies ; Great Britain, two copies ; Russia, two cop-
ies ; and one copy each to Sweden, Denmark, Prussia, Austria,
Bavaria, the Netherlands, Belgium, Portugal, Spain, Sardinia,
Greece, Tuscany, the Ecclesiastical States, the Two Sicilies,
Turkey, China, Mexico, New Granada, Venezuela, Chili,\Peru,
the Argentine Republic, Brazil, Texas, and the Sandwich Is-
lands ; and one copy to the naval Lyceum in Brooklyn, New
York.
'^ 2. Ahd be it further resolved. That one copy of said work ritKI"
be given to Charles Wilkes, esquire, the commander of said ex-
pedition, one copy to William, L. Hudson, esquire, and one to
Cadwallader Riogold esquire, commandants of vessels in said
expedition.
^ 3. And be it further resolved, That two copies of said
work be placed in the Library of Congress, and that tiie residue of
said work shall be delivered to the Librarian, to be by him pre-
served for future distribution.
Approved, February 20th, 1845.
[No. 7.] A resolution amendatory of the resolution passed April thirty,
one thousand eight hundred and forty-four " respecting the application
of certain appropriations heretofore made." - Pkjmentforfap
Resolved, fyc, That nothing contained in the joint Resolution ^^^ri^!'
of April thirty, one thousand eight hundred and forty-four, or ^Rw. ori844.'
in any other act or Resolution, shall be understood or construed
to prevent the Secretary of War from allowing and paying any
just and equitable claims for supplies furnished, or advances or
loans of money made to provide for the defence of the inhabk-
ants and suppression of indian hostilities in the Territory of Flor-
idai provided that the amount so allowed and paid shall not ex*
oeed the sums already apppropriated by law.
Approved, March 1st, 1845.
Digitized by VjOOQIC
3088 1845 Resolution, 8.
[No. 8.] Joint resolution for annexing Texas to the United Stated
coaMotoTCoo- Resolvcd, fyc, That Congress doth consent that the territory
ftoTof Te*irj'*S^ properly included within, and rightfully belonging to the Repub-
miii^lnto the '"^ of Tcxas, may be erected into a new State, to be called the
unioo. State of Texas, with a republican form of Government, to be
adopted by the people of said republic, by deputies in conven*
tion assembled, with the consent of the existing government, in
order that the same may be admitted as one of the States of this
Union.
2. And be it further resolved, iThat the foregoing consent of
Congress is given upon the following conditions, and with the fol-
codditioiM of lowing guarrantees, to wit : First, Said State to be formed, sab-
aHmiMwo. j^^^ ^^ ^j^^ adjustment by this government of all questions of
boundary that may arise with other governments ; and the con-
stitution thereof, with the proper evidence of its adoption by the
people of said Republic of Texas, shall be transmitted to the
President of the United States, to be laid before Congress for its
final action, on or before the first day of January, one thousand
eight hundred and forty-six. Second. Said State, when admit-
ted into the Union, after ceding to the United States all public
edifices, fortifications, barracks, ports and harbors, navy and na-
vy-yards, docks, magazines, arms, armaments, and all other prop-
erty and means pertaining to the public defence belonging to said
Republic of Texas, shall retain all the public funds, .debts, tax-
es, and dues of every kind which may belong to or be due and
owing said republic ; and shall also retain all the vacant and un-
appropriated lands \ying within its limits, to be applied to the
payment of the debts and liabilities of said Republic of Texas,
and the residue of said lands, after discharging said debts and
liabilities, to be disposed of as said State may direct ; but in no
event are said debts and liabilities to become a charge upon the
Government of the United States. Third."" New States, of con-
venient size, not exceeding four in number, in addition to said
State of Texas, and having suflficient population, may hereafter,
.by the consent of said State, be formed out of the Territory
thereof, which shall be entitled to admission under the provisions
of the federal constitution. And such States as may be formed
out of that portion of said territory lying south of thirty-six de-
grees thirty minutes, north latitude, commonly known as the Mis-
souri compromise line, shall be admitted into the Union with or
without slavery, as the people of each Stqte asking adooission
may desire. And in such State or States as shall be formed oat
of said territory north of said Missouri compromise line, slavery
or involuntary servitude, (except for crime,) shall be prohibited.
jDftiHiPw«weiit 3. And be it further resolved, That if the President of the
v^ii, TcxM^^'fid? United States shall in his judgment and discretion deem it most
on,aod n^jyigabie^ instead of proceeding to submit the foregoing resolu-
tion to the Republic of Texas, as an overture on the part of the
United States for admission, to negotiate with that Republic ;
then, *
Digitized by CjOOQIC
1846 ^Resolutions, 8—10. 3089
Be it resolved, That a Sute, to be formed out of the present nuST.^iiSn'i'
Repablic of Texas, with suitable extent and boundaries, and with jMuud^eS!
two representatives in Congress, until the next apportionment of term!!** *'*" ^^
representation, 'shall be admitted into the Union, by virtue of
this act, on an equal footing with the existing States, as»soon as
the terms and conditions of such admission, and the cession of
the remaining Texian territory to the United States shall be
agreed upon by the Governments of Texas and the United
States: That the sum of one hundred thousand dollars be, and ^j^^ooq.
the same is hereby, appropriated to defray the expenses of mis- propriaud. *^
sions and negotiations, to agree upon the terms of said admis-
sion and cession, either by treaty, to be submitted to the Senate,
or by articles to be submitted to the two Houses of Congres, as
the President may direct. Approved, March, lei, 1845.
[No. 10.] A resolution to authorize the Attorney General to contract for
copies of a proposed edition of the Laws and Treaties of the United
States.
Beeolvedf &c,, That the Attorney General is hereby author- Attorn^OMe.
ized and directed to contract, onlbehalf of the General Govern-'^t*rSl»t^^^L£
roent, with Messieurs Little and Brown, for one thousand copies *'*^^'^'**
of their proposed edition of the Laws and Treaties of the Uni-
ted Suites, at a price not exceeding three dollars Itnd fifty cents
a volume : Provided, nevertheless, That the contract aforesaid
shall be made upon the terms and conditions following, that is to
lay : Firsts That the work shall be executed, from stereotype tiJ2i*ol*^nuIlJr
plates, in the style proposed by the said Little and Brown in
their memorial presented to Congress at the present session
thereof, in volumes, well bound, of not less than eight hundred
super-royal octavo pages, with a very wide text, and a syllabus
of each section in small type ; the text to be on long primer, the
types having a full round face, and being entirely new, and the
paper to be of the best quality, sized, so that notes, in manu-
script, may i)e written on the margin of the pages. Second. .
That the work shall contain (the articles] of Confederation, the
Constitution, all the public and all the private laws and resolves,
whether obsolete, repealed, or in force, and whether temporary,
or permanent, as well those respecting the District of Columbia
as all others, and all treaties with foreign nations and Indian
tribes ; but the treaties may be printed separately, and the pri-
vate laws, separately, in the same style and in the same order of
arrangement with the others^; the general laws and resolves to be
contained in four octavo volumes, and the private laws and treat-
ies in two additional octavo volumes. Third. There shall be a
reference by a foot note, in small type, at the bottom of each
page, to all laws passed subsequently or previously to that in the-
text, on the same subject whether printed in pamphlet or other-
wise, with such explanations as may aid in obtaining a knowledge
of the changes of Congressional legislation on the subjects of
the laws ; and in the volumes of the treaties there shall be such
Digitized by CjOOQIC
A I
3090 1846 ^Resolution, 10.
reference, and by a similar note, to all the legialaiion of Congress
on the subjects of the treaties. Fourth. If parts of a law only
have been repealed, or parts only are in force, it shall be accu-
rutely and exactly marked in the margin. lyth* The laws, re-
solves, }nd treaties shall be arranged in strict cbronolc^cal order;
the laws of each session furnishing chapters, designated numeri-
cally to the end of each session, and the whole series of laws of
each session to be described as one statute ; the day of the ap-
proval of each act to be stated at the end thereof; a running ti-
tle at the head of each page, to express the session of Congress,
the date and chapter of each act ; and at the beginning of each
Congress shall be stated the place where the session was held,
the name of the President of the United Slates, of the President
of the Senate, and the Speaker of the House of Representatives.
«SSx^&..Atthe foot of each page,in a note, reference shall be made
to all decisions of the Supreme, circuit and district courts, con-
struing or applicable to the law or treaty in the text. Seventh.
There shall be a full alphabetical verbal general index of all the
matters of the laws, resolves, and treaties, at large, under the
leading heads, with full reference, under the minor heads, to all
the matters, according to the plan and illustration in the memo-
rial aroresaid ; and a separate index of the matters in each vol-
ume, prepare^ in the same manner as the general index, shall be
subjoined to each volume. There shall be an appendix at the
end of each volume, containing a complete list of all the acts,
resolves, and treaties, in the volume, chronologically arranged,
with a brief and general description of the subject of the act,
in this form, that is to say :
Stat. 1789, chap. 1. Oaths of office.
Stat. 1789, chap. 2. Duties.
Stat. 1789, chap. 3. Duties on tonnage. -
Stat. 1789, chap. 4. Establishment of Executive Departments.
Eighth. The said Little and Brown shall stipulate, with good
and sufficient and satisfactory security, to furnish the {United
States with such additional copies of the work, in all respects like
the foregoing, as the Government from time to time may require,
at prices not to exceed two dollars an(}^eventy-five cents a vol-
' ume ; and they shall stipulate, with such security for the faithful
performance of all parts of the contract which the Attorney
General is herein authorized to make ; and, in addition to such
security, they shall execute to the United States a conveyance of
the stereotype plates from which the first copies shall be printed,
for the purpose of printing the additional copies thereof, in such
fomxthat in whosesoever hands the plates may be at any future
and distant period of time, the delivery of such additional co-
pies to the United States may be efiectually secured ; they shall
make immediate insurance on such plates, for the benefit of the
United States and the proprietors of the plates, against loss by
fire ; and on the plates of the title page of each volume the in-
terest of the United States in the plates as defined by this reso-
Digitized by CjOOQIC
1846 Resolutions, 10—16. 3091
lution/shall be printed. Ninth. Before the United States shall be
called on to pay for any volume of the work, it shall be submit-
ted to the Attorney General, or to such other officer or officers of
the Government as Congress may designate ; and on his or their
approbation thereof, and his or their decision that it is edited
and printed in all respects according to the contract, it shall be
paid for from the Treasury of the United States.
^ 2. And be U further enacted, That, for the purpose afore- Aw«>P'»«i<--
saidi there be appropriated, and paid, out of any ^oney in the
Treasury not otherwise appropriated, a sum not exceeding twen-
ty-one thousand dollars. Approved, March 8d, 1845.
[No. 13.] Joint Resolution to Ex the time when the act to reduce the rates
of postage, to limit the use and correct the abuse of the franking privi-
lege, and for the prevention of frauds on the revenues of the Post Office
Department, passed at this session, shall go into effect.
Resolved, ^c. That the Act " to reduce the rates of Postage, jj^jj^ij>jj}*»
to limit the use and correct the abuse of the franking privilege, i8«. *° ** " '*
and for the prevention of frauds on the revenues of the Post
Office Department," passed at the present session, shall go into
effect on and after the first day of July next, and not sooner,
any thing in said act to the contrary notwithstanding.
Approved, March 3d, 1845.
[No. 14.j A Joint Resolution directing the Secretary of the Treasury,
whenever any State shall have been or may be in default for the pay-
ment of interest or priacipal on investments in its stocks or bonds held
by the United States in trust to retain certain moneys to which such
State is entitled for the purposes therein named.
Resolved, ^c. That whenever any State slmll have been or gjjJj^J^'J^
may be in default for the payment of. interest or principal on ***• Jj ^i**' jJuSfi
vestments in its stocks or bonds, held by the United States in from wu sutM.'^
trust, it shall be the duty of the Secretary of the Treasury to
retain the whde or so much thereof as may be necessary, of the
per centage to which sueh State may be entitled of the proceeds
of the sales of the public lands within its limits and apply the
same to the payment of said interest or principal or to the reim-
bursement of any sums of money expended by the United States
for that purpose. Approved, March 3d, 1845.
[No. 15.] A Resolution authorizing the employment of additional inspec-
tors of the customs, at the port of New Orleans.
Resolved, 4*c., That it shall be lawful for the collector of the «,^<^^ "V.
customs for the district of New Orleans, with the approbation <
of the Secretary of the Treasury, to employ, from time to time^
if the public service requires it, at the port of New Orleans, per-
sons as occasional inspectors of the custoon, not exceeding tea
in number, in addition to the inspectors now authorised by law,
who shall be subject to the same rules and r^gulaiioDS as are now
prescribed by law for occasional inspectors*
Approved, March 3d, 1845.
Digitized by CjOOQIC
1845. ACTS OF THE TWENTY-NINTH CONGRESS
OF
THE UNITED STATES ;
Passed at the First Session, which was begun andkeU at tk
City of Washington, in the District of Columbia^ on ifen-
day, ttie first day of December, one thousand eight hut^
dred and forty-five.
James K. Polk, President. George M. Dallas, Vice President.
John W. Davis, Speaker of the House of Representatives.
CHAP. 1. An act to extend the laws of the United States ever the Stats
of Texas, and for other purposes.
^1. Be it enacted by the Senate and House of Rep.
resentatives of the United States of* America, in Qm-
u.'a'iSLfadJ;*''^*^^*^'"^^** That all the laws of the United Sutesare
•n<urer the ttau hereby declared to extend to and over, and to have full force aod
effect within the State of Texas, admitted at the present session
of Congress into the confederacy and Union of the United States
^The 9ut. of ^ 2 ^^ j^ U further enaded. That the said Slate of Texas
Texas to contti- - ^ , ^~.^ .^•«„^ v, a cam
tme OD6 jadicui ghall constitute one judicial- district, to be called the district of
district.
Texas, for which one judge shall be appointed, who shalf reside
therein, and who shall receive a salary of two thousand dollars
per annum, and who shall hold the first term of said court at
Galveston, on the first Monday of February next, and at soch
other times and places in said district as may be provided by law,
or as said judge may order ; and that said court shall have and
rJtei?«w®*®'^c»8e the same powers and jurisdiction as have been conferred
ooart. by law on the district courts of the United States ; and, also,
shall have and exercise the powers and jurisdiction of a circoit
court of the United States ; and appeals and writs of error shall
lie from the;decisions of said district and circuit courts for the
district of Texas to the Supreme Court of the United Slates, in
• the same cases as from a circuit court of the United States toaiid
Dirtriot Attoi- Supreme Court, and under the same regulations.
J?^^p!teSd** * 3- ^^^ *« it farther enacted, That there shall be appointed
in and for said district a person learned in the law,to act as attor-
ney of the United States for said district, and also a person to act
as marshal of the United States for said district, each of whom
sdariMaiidftts. »hall receive an annual salary of two hundred dollars, and also
Digitized by CjOOQ IC
1845 CfiAP. 1—3. 3093
«
«uch compensation and fees for official services as have been or
may be provided by law for United States district attorneys and
marshals; and the judge of said coort shall appoint a c'erk ^ cu»rw mw
therefor, who shall receive like compensation and fees as have pointed.
been or may be allowed by law to clerks of the district and cir-
cuit courts of ihe United States. Approved, December 29, 1S45.
CHAP. 2. An act to establish a pollection district in the State of Texas,
, and for otlier purposes.
§ I. Be it enacted, §-c., That the Slate of Texas shall be Ji^jtatoofToj.
one collection district and the city of Galveston the only port of lecuon j)i«trirt,
entry, to which shall be annexed Sabine, Velasco, Matagorda, JoftofiTSry!"^*
Cavallo, La Vaca, and Corpus Christi, as ports of delivery only.^f"'^ of deiivf-
^ 2. And be it further enacted, That a collector for the dis- ^ eoiiocior to
trict of Texas aforesaid shall be appointed by the President, with »»« •pp«»^'«'-
tlie advice and consent of the Senate of the United States, who
shall hold his office upon ihe terms and for the time prescribed -
by law for the like offices in other districts. The said collector salary of eoiiec-
shall reside at the city of Galve*^ton, and he shall be entitled to'®'"
a salary not exceeding two thousand dollars, including in that
sum the fees allowed by law ; and the amount he shall collect
in any one year for fees exceeding the said sum of two thousand
doHars, shall be accounted for and paid into the treasury of the
United States.
^ 3. And be itJ^Lrther enacted. That a surveyor for each of^^sorv,^^^^^^^
*the aforesaid ports of delivery, to wit: Sabine, Velasco, Mata- jj j^ij^« po'i« •f
gorda, Cavallo, La Vaca, and Corpus Christi, shall be appointed
by the President, with the consent of the Senate of the United
States, who shall hold their offices respectively upon the terms
and for the time prescribed by law for the like offices in other
districts. The said surveyors shall be entitled each to a salary Tb«ir •aiariea
not exceeding one thousand dollars, including in that sum the^'^''*®*'
feet allowed by law ; and the amount collected by any of said
surveyors in any one year for fees exceeding the said sum of one
thousand dollars, shall be accounted for and paid into the treasury
of Che United States. Approved, December 31, 1845.
CHAP. 3. An act to repeal the act which abolished the office of one of
the Inspectors General of the army, and to revive and establish taid office.
<^ I.. Be it enacted, ^c, That so much of the fourth section ^^Kjp^jofBe^
of an act, approved the twenty-third day of August, one thousand is^. "aboSSiing
eight hundred and forty-two, entitled /« An act respecting the or- ofthJ^MpwSJ
ganization of the army, and for other purposes," as directs that®*°*^*
the office of one inspector general of the army shall be abolished,
and the inspector discharged, shall be, and the same is hereby ^^'^ix'^^^f^
pealed; and all acts and parts of acts so repealed shall be, and
the same hereby are, revived and continued in force.
Approved, January \:Uh, 1646.
5'J
Digitized by CjOOQIC
Office of Coin<
miMioners
3094 1846 Chaf. i—f.
CHAP. 4. An act to continue the office of the CommlBsioner of PensbiM.
Act of isoc. ^ \, Be it enacted, fyc. Thai the authority given to continue
.aniep. . ^^^ Qjfice of Commissioner of Pensions by the act of the twenti*
eih of January, eighteen hundred and forty-three, entitled " An
of act to continue the office of Commissioner of Pensions," be ex-
^^■^"mSa 5; tended to the fourth of March, eighteen hundred and forty-nine,
1849- and no longer. Approved, January \Athy 1846.
PoX^as?* *^ CHAP. 6. . An afc| establishing certain post routes.
pojroutet.e.- ^ \. Be it cnocted, ^c, That That there be and is hereby
established a post route from New Orleans, in the State of Lou-
isiana, along the Gulf coast to Galveston, jheoce to Velasco, to
Matagorda, to Pass Aransas, and to Corpus Christi, in Texas, by
land or water, as the Postmaster General may deem expedient ;
that a post route be also established from Galveston, via the cHy
of Houston, San Felipe de Austin, Lagrange, and Bastrop, to
Austin. Also, the ibllowing routes ; From Fulton, in the Sute
of Arkansas,, via Boston, Clarksville, Bonham, and Falls of the
Brazos, to Austin; from Natchitoches, via Sabine Town, Nacog-
doches, Crockett's, and Washington, to Lagrange ; from Shreve*
port, in the State of Louisiana, via Pulaski, to Nacogdoches; from
Velasco, via Brasoria, Texana, Victoria, and Goliad, to San An-
tonio de Bexar ; from the city of Houston to Robbin't Ferry ;
from Austin to San Antonio de Bexar ; and that it shall be the
66neirf*l"'<SS-^"^y of ihe Postmaster General to contract for conveying a maih
tnct ff>r carrying qh g^id routcs as soon as Can conveniently be done after the pais-
the mail on said ^ .. ^ i -n • ^.. •^^v. -^
route. age of this act. Approved, February 6lh, 1846.
CHAP. 7. An act relative to Collectors and other ofBcers of the
Customs.
cuM?m?not^toto -^ 1. Be it enacted, ^c, That collectors and all other officers
ThaiT^pro'rataOf the customs, serving for a less period than a year, shall not be
?hr^u"iS*'**uiey paid for the entire year, but shall be allowed in no case a greater
mayaenre. y\^^^ ^ pf^Q jrala of the maximum compensation of the said officers
respectively for the iitnb only which they actually serve as such
collectors or officers, whether the same be under one or more ap-
pointments, or before or after confirmation. And no collector or
other officer shall, in any case, receive for his services, either as
fees, salary, fines, penalties, forfeitures, or otherwise, for the time
he may be in service, beyond the maximum pro rata rate provid-
ed by law.
•aitJJTii tlZ ^ 2. And be it further enacted, That all accounts for salary,
dmdquarteriy. compensation, and emoluments shall be rendered quarterly at the
end of each qi/arter of the fiscal year.
^^ Additfcnat dQ. ^ 3. And be it further enacted. That no portion of the addi-
tribmed to any tioual dutics providcd by the seventeenth section of the act of
?^'*bm ^id August thirtieth, eighteen hundred and forty-two, entitled " Ao
Into the tTMwry.jj^^ to provido revenuc from imports, and to change and modify
295^ utf p!»i9: existing laws imposing duties on imports, and for other purposes,"
shall be deeoied a fine, penalty, or forfeiture, for the purpose of
Digitized by CjOOQIC
1846 Chap. 7—8. 3095
being distributed to any officer of the customs ; but the whok
amount thereof, when received, shall be paid directly into the
treasury.
^ 4. And be it further enacted, That all acts and parts of^^^^P^* ^^ '^^
acts inconsistent with this act are hereby repealed. ^^^ ^'^^^
Approved J February lUA, 1846.
CHAP. 8. An act to enlarge the powers of ihe several Orphans' Courts
held in and for the District of Columbia.
^1. Beit enacted, ^-c, That the several Orphans' Courts „?Sj^j'«^«JJ
held in and for the District of Columbia be, and they are hereby, p^'"'°^*^«"t^pr'
authorized and empowered to appoint a guardian or guardians to p^dun/fr^l^!
any and every infant orphan who may now or hereafter be entitled cw^xu^^i! ^*^
or have right or claim to any property, real, personal, or mixed,
within, or whose person and residence may be within, the juris-
diction of said court, except when said orphan may have a te^a-
mentary guardian ; and shall require of said guardians so appoint- ^/ require or
ed, and of testamentary guardians, unless directed otherwise by ftod^curir^, uu.
the will appointing thew, bond, with good and sufficient surely, i^ted^b^wiu."**'
as now required by law. And when any infant, whose father may May eompei
be living, shall, by gift or otherwise, be entitled to any property SiudJln^^ who
separate from the father, it shall and may be lawful for said courts S^^'propcrtJ*"'?
to compel the father, as natural guardian, to give bond and secu- gjjj^^^jjj,^*^*
riiy to account for said property, and to compel him to account, c*« ^f fa»i»»
as guardians in other cases ; and if he shall fail or^rcfuse to give iipfciaigiunfiuw.
such bond, or, at his request, said courts shall have power to ap-
point a special guardian to take charge of said property, who shall
give bond and security as in other cases, but with condition to
suit the case.
^ 2. And be U further enacted, That in all cases where any ft)|?v?J5SttSSS
of said courts have heretofore appointed, or may hereafter appoint »e«uriiy if nece*.
a guardian or guardians, or taken bond, or may hereafter take &iture to do go,
bond, from any guardian or guardians, and shall at any time have may^be'dSoniM^
good cause to believe that the interest of the ward or wards may ^^'
require it, said court shall have power and authority to compel j.^fj'^ljo^JJ^JJ
" said guardian or guardians to give additional other, or further se- *"«"<* ^^i*''*-
. ^ . , . . , I* , I • i* •! onmenl, to «n«
curity, \n such time as said court may direct ; and upon his fail- force « compii-
ure to comply with the order of court directing such security, said o!^r«: or may
court shall have power and authority, and it shall be their duty tOth^Ito takepo^
dismiss said guardian from office, and appoint another in his stead, SXerthe proi^
and order the estate of the ward to be forthwith delivered to the*^^*
newly appointed guardian and shall have power, by fine and im-
prisonment, or any legal process, to compel and enforce a compli-
ance with such order, or may, where it can be so done, order their
ifiarshal to take possession of and deliver the property : Provided, ProTiio.
however^ That no order shall be made directing a guafdian to
give new security until he shall have been duly summoned to
show cause against, or have had ten day's notice in writing qf the
intended application.
^ 3. And be U further enacted, That in all oases where any ??''' *''»'J!21S/2
-*^., ., ^ .1 li* • order and r»quiPa
of said courts have heretofore appomted or may hereafter appoint
Digitized by CjOOQIC
3096 1846 Chap. 8—13.
mSS^S^"*'* administrator or administrators, or have (akeo or may take
other and further bond from anv exccutor or executors to any last will and testa*
■ecurirj in cor- ■ • ii • i • /• t i • . •
toincaMB. ment, and shall at any time become satisfied that the security is
insufficient by reason of the removal or insolvency of the sureties
in the bond, or any of them, or by reason of the penalty of the
bond being too smaH, or from any other cause whatever, it shall
and may be lawful for the said court to order and require the said
administrator or administrators, executor or executors, to give ad-
ditional other or further security, and to remove such administra-
ui?w* comply ^^"^ Or administrators, executor or executors, if they shall fail or
wKhBoch^or^r, refuse to comply with sucli order, and appoint an administrator
er adminiBtrator or administrators in his or their stead, and shall further have pow-
inStelad!* ^°"er to Order and require any assets or estate of the decedent, which
may remain unadministered, to be delivered to said newly ap«
pointed administrator or administrators de bonis non^ and to en^
force a compliance with such order by fine a«d attachment, or
ProT!». • any other legal process : Provided, however, That said adminis-
trator or administrators, executor or executors, shall first be sum-
moned to show cause against such orders, or have ten day's no-
tice, in writing, of the intended application.
maybBexSSIte" <5> 4. And be ii further enacted, That the powers herein
granted to said courts, by the foregoing sections of this act, may
be exercised by said courts ex officio, or on the application of any
one interested.
in^SicJ? frSlSTtS ^ ^' ^^^ *^ ii further enacted, That this act shall be in force
pftBBBge. ^ 'from and after its passage. Approved, February 20th, IB46.
CHAP. 13. An act making appropriations for the pa^rment of revolotioii-
ary and other pensions of the United States for the year ending the thir-
tieth June, one thousand eight hundred and forty-seven, and far other
purposes.
«iS^^*to Vmu6 '^ 2. And be it further enacted, That no widow entitled to a
pcMion^ *° * pension under existing laws, and claiming a pension whose hus-
band was drawings pension at the time of his decease, shall be
required in any such case to furnish any further evidence that said <
husband was entitled to a pension ; nor shall any evidence, in
any case, be required to entitle the widow to a pension, when the
evidence is in the archives of the Government, other than such
proof as would be sufficient to establish the marriage between
the applicantand the deceased pensioner in civil personal actions
in a court of justice ; Provided, That upon a revision of the
testimony in the case of the deceased husband the Commissioner
be satisfied that the pension was properly granted.
m^fngJpXri- ^ 3. And be it further enacted, That the foupth section of an
Hwddi'iomJuc*^^ entitled "An act making appropriations for the civil and di-
expenBeB,&c. not piomatic cxpeiises of the Government for the fiscal year ending
•• ,w^l^i»« to the thirtieth day of June, A. D. eighteen hundred and forty-six,
^oriou!'"" ^'^and for other purposes," shall not be so construed as to apply to
applications for pensions. Approved, May 7, 1846.
Digitized by CjOOQIC
1846 Chap. 16—16. , 309r
CHAP. 15. An act to repeal a part of the act entitled <^ An act 80]^le-
mentary to the several laws for the sale of the public lands," approved
April fiflh, one thousand eight hundred and thirty-* wo, and for other
purposes.
^ I. Be it enacted y fyCy That, from and after the passage of lUfMai oi- um
this act the second proviso to the act entitled ** An act stipple- JJ^py^jj^pif'^*
mentary to the several laws for the sale of the public lands/' ap-iJJ^i. P"»*t^"5
«»«irf»i»i I I'll 11 ■!• •nirie* &e., oi
proved Apnl fifth, one thousand eight hundred and thirty-two, i*nj.^ ^ ^^^
which is as follows, viz : << That no person shall be permitted toes, uutoi. 4!^
enter more than one-half quarter section of land under this act^^^'
in quarter-quarter sections, in his own name; or in the name ot
any other person, and in no case unless he intends it for cultiva-
tion, or for the use of his improvement. And the person mak-
ing application to make an entry under this act shall file his or
her affidavit, under such regulations as the Secretary of the
Treasury may prescribe, that he or she makes the entry in bis or
ber own name, for his or her own benefit, and not in trust fof
another," shall be and the same is hereby repealed ; and all en-
tries, selections, or locations of lands now suspended in the Gen-
eral Land Office, because made contrary to the restrictions -in
this proviso, shall be and they are hereby confirmed, provided
they are in all other respects fair and regular.
Approved, May 8th, 1846.
CHAP. 16. An act providing for the prosecution of the existing war be-
tween the United States and the Republic of Mexico.
Whereas, by the act of the Republic of Mexico, a State of war ''~"^''-
exists between that Government and the United States :
^1. Beit enacted, fyc, That, for the purpose of enabling President t«.
the Government of the United States to prosecute said war to aptey'miuiS, ^
speedy and successful termination, the President be and he is^^°^f'J'£j**g
hereby authorized to employ the militia, naval, and military for-^-^^i^to ^"^
ces of the United States, and to call for and accept the services wrTiee7oFToiaii-
of any number of volunteers, not exceeding fifty thousand, who iJl'solooo?*"^^
4lay ofier their services either as cavalry, artillery, infantry, or Time n>imitMn
riflemen, to serve twelve months after they shall have arrived at •'^ '^ ••'^••
place of rendezvous,or to the end of the war,unless sooner dischar-
ged, according to the time for which they shall have been mus-
tered into service ; and that the sum of ten millions of dollars, doiia»'"wc^r1^
out of any moneys in the Treasury or to come into the Treasury, ^^^'
not otherwise appropriated, be and the same is hereby appropri-
ated, for the purpose of carrying the provisions of this act into
effect • * •
^ 2. And be U further enacted, Thtit the militia, when call- *^ii'Sl)i?hT
ed into the service of the United States by virtue of this act, or
any other act, may, if in the opinion of the President of the
United States the public interest requires it, be compelled to
serve for a term not exceeding six months after their arrival at
the place of rendesvous, in any one year^ unless sooner dischar-
ged.
Digitized by CjOOQIC
1098 1846 CflAP. 16.
^•jMuan^ to ^ 3^ jif^ be it further enaded. Thai the said volunteers shall
eiothM, bona*. furnish their own clothes, artd if cavalry, their own horses and
^ iT^^Troild horse equipments ; and when mustered into service shall be arm-
SL' u. s!"^"* of^j ^^ ^^^ expense of the United States.
to^ibjiStotb; ^4- And he it furth^ enacted, That said volunteers shall,
raiMjind ArtittiM i^hen ealled into actual service, and while remaining therein, be
subject to the rules and articles of war, and shall be in all re-
spects, except as to clothing and pay, placed on the same fool-
ing with similar corps of the United States army ; and in lieu of
clothing every non-commissioned officer and private in any com-
pany, who may thus oflfer himself, shall be entitled, when called
j^ Jgj«»«*»»'«» into actual service, to receive in money a sum equal to the cost
of clothing of a non-commissioned officer or private (as the case
may be) in the regular troops of the United States.
voisaiMniMw ^ 5. At^d be it further enacted. That the said volunteers so
totoMosptod. offering their services shall be accepted by the President in com-
Th«ir oaoenP**^'®*' battalious, squadrons, and regiments, whose officers shall
iMw «ppoiBt«d. be appointed in the manner prescribed by law • in the several
States and Territories to which such companies, battalions, squad-
rons, and regiments shall respectively belong.
oif»aiMtioB, ^ 6. And be it further enacted^ That the President of the
Mt df'^'itoM. United States be and he is hereby authorized to organize com-
2J£^ *~*"' panics so tendering their services into battalions or squadrons,
battalions and squadrons*into regiments, regiments into brigades,
and brigades into divisions, as soon as the number of volunteers
shall render such organization, in his judgment, expedient ; and
the President shall, if necessary, apportion the staff, field, and
general officers among the respective States and Territories from
which the volunteers shall tender their services as he may deem
proper,
ftovbioo for Toi- ^7. And he it further enacted. That the voIuYiteers wjio
ST ih^IarTSo?^**' may be received into the service of the United Slates by virtue
/ of the provisions of this act, and who shall be wounded or oth-
erwise disabled in the service, shall be entitled to all the benefit
which may be conferred on person^ wounded in the service o^
the United Slates. ^
PiMidrat »• ^ 8. And he it further enacted, That the President of the
boriiad to oom* T
»l6to all pabile^
«nMd v«wttt BOW I
Sito^lw^pSifo United States be and he is hereby authorized forthwith to com-
*^S3rirP'®^^*'' the public armed vessels now authorized by law, and to
uw, ftiMi to por- purchase or charter, arm, equip, and man such merchant vessels
•tmt*vMMb"Mdand steamboats as, upon examination, may be found fit, or easi-
ftoambottu. • |y converted into armed vessels fit for the public service, and in
such number as he may deem necessary for the protection of the
seaboard, lake coast, and the general defence of the country.
^ 9. And he it further enacted. That whenever (the militia
pftj.?uS"M!!!k!-or volunteers are called and received into the service of the Uni-
■**"• ted States, under the provisions of this act, they shall have the
organization of the army of the United States, and shall have
the same pay and allowances ; and all mounted privates, non-
^^^Anowanej^^ commissioned officers, musicians, and artificers, shall be allowed
uMaad rkk or40 cents per day for the use and risk of their horses, except of
Digitized by CjOOQ IC
1846 Chap. 16—21. 3099
horses actually killed in action ; and if any mounted volunteer,
private, non-commissioned officer, musician, or artificer shall not
keep himself provided with a serviceable horse, 'the said volun-
teer shall serve og foot. Approved, MayAZth, 1846.
CHAP. 17. An' act to authorize an increase of the rank and file of the
army of the United States.
^ \. Be it enacted, fyc, That the President of the United, ifanberefpri.
States be and is hereby authorized, by voluntary enlistment, to SJ^'^S* oS?
increase the number of privates in each or any of the compan- {j j^^J^J^ ^
ies of the existing regiments of dragoons, artillery, and infantiy
to any number not exceeding one hundred, whenever, in his
opinion, the exigencies of the public service may require the
same, and to reduce the same to sixty-four when the exigencies th~5j;i,,;*^
requiring the present increase shall cease : Provided, That said JlJ^X^y" '"
enlistments shall be for the term of five years and no longer,, un- '-—
less sooner disbanded by the President.
Approved, May \Zth, 1846.
CHAP. 21. An act for the organization of a company of sappers, miners,
and pontoniers.
^ \. BeU enacted, ^c, That there be added to the corps of^^^^^^gj^
engineers one company of sappers, miners, and pontoniers, to bejjrf^pooumtow
called engineer soldiers ; which company shall be composed of
ten serc^eanls, or master workmen, ten corporals or overseers, two
musicians, thirty-nine privates of the first class, or artificers, and
thirty-nine privates of the second class, or laborers; in ail one
^% Z And be it further enacted, That the pay and rations of ^r^^«^
the sergeants, or master workmen of said company, shall be the
same as those now allowed by law to the master workmen em-
ployed by the ordnance department, excepting that the engineer
sergeants shall receive one ration only per day, instead of one ra-
tion and a half; of the corporals, or overseers, the same as those
Unow allowed by law to the armorers, carriage-makers, and black-
smiths employed by the ordnance department, excepting that the
engineer corporals shall receive one ration only per day, instead
of one ration and a half; of the privates of the first class, or arti-
ficers, the same as those now allowed by law to the artificers em-
ployed by the ordnance department-; of the privates of the second
class, or laborers, the same as those now allowed by law to the
laborers employed by the ordnance department ; and of the mu-
sicians, the same as those allowed by law to the musicians of the
line of the army ; the said non-commissioned officers, privates, and
musicians being respectively entitled to the same clothing and «*'^«-
other allowances as are granted byjaw to non-commissioned offi-
cers, JSrivates, and musicians of the artillery in the army of the
United Slates.
<^ 3. And be it further enacted. That the said engineer c^*n- .JJfg,^ 'J;
pany shall be subject to the rules and articles of war ; shall be re- ^^ "
Digitized by CjOOQ IC
3100 1846 Chap, 21—22.
SSu. s!^^ ^^cruited in the same manner, and with the same limitation, atid
shall be entitled to the same proTisions, allowances, and benefits,
in every respect, as are allowed to the other troops constituting
the present military peace estabfishment.
To beattafibed ^ 4. And be %t further enacted^ That the said engineer com-
Ingioeeral'liSd to pany shall be attached to and compose a part of the corps of en-
SiwS**Sf*aSigineers, and be officered by officers of that corps, as at present
conM,^c. ^organized ; they shall be instructed in and perform all the duties
of sappers, miners, and pontoniers, and shall aid in giving practical
instructions in these branches at the Military Academy ; they
shall« moreover, under the orders of the chief engineer, be liable
byd^tunrntT to servc by detachments, in overseeing and aiding lat>orers upon
fortifications or other works under the engineer department, and
in supervising finished fortifications as fort-keepers, preventing
injury and applying repairs.
The cbtof en^ ^5. And be U further enacted, That the chief engineer,
^^^ det«Tmino with the approbation of the Secretary of War, be authorized to
H^'Ifc^'^f^UM regulate and determine the' number, quality, form, dimensions,
?S*^pontoSi, *'C* of the necessary vehicles, pontons, tools, implements, arms,
tools, fte, and other supplies for the use and service of said company as a
body of sappers, miners, and pontoniers.
▲i»pniiriaiton. § 6. And be it further enacted, That, for the fiscal year end-
ing June thirtieth, one thousand eight hundred and forty-six, the
sum of twenty-five thousand dollars be, and the same is hereby
appropriated, to be paid out of any moneys in the treasury not
otherwise appropriated, for the pay, subsistence, and clothing of
said company, and for carrying out the other purposes of this
act. Approved, May 15, 1846.
CHAP. 22. An act to provide for raising a regiment of mounted rifle-
men, and for establishing military stations on the route to Oregon.
Regiment of ^ ^' Bc U enocted, 4*c, That there shall be raised one regi-
Bftowtedruiemeiiiiient of mounted riflemen, to be composed and organised as fol-
isatio '^^*' ^^ ^'* • ^"® colonel, one lieutenant colonel, one major, one
**" "• quartermaster sergeant, and two chief buglers, one adjutant, whdl
shall be a lieutenant, one sergeant major, one chief musician, and
ten companies : each company shall consist of one captain, one
first lieutenant, one second lieutenant, (exclusive of the adjutant
^ lieutenant,) four sergeants, four corporals, two buglers, one farrier,
one blacksmith, and sixty-four privates.
I'ajamiemoi. ^2. And be it further enacted, That the officers, non-com-*
^^^ missioned officers, musicians, and privates shall be entitled to the
same pay and emoluments as are allowed to dragoons, and that
the farrier and blacksmith shall receive the same pay and allow-
ances as are allowed to an artificer of artillery.
To^be BQbject ^ 8. And be it further enacted, That the said regiment of rifle-
articils^f Va* mco shall bc subject to the rules and articles of war, arfd shall
?he Blme"mann'er be rccruited In the same manner as other troops in the service of
ap me teoop. of i^g United States, and with the same conditions and limitations ;
and the officers, non-commissioned officers^ musicians, privates.
Digitized by CjOOQIC
-Chap. K— «J. 3101
blacksmiths, and farriers shall be entitled to the same provisions
for wouhds and disabilities, and the same provisions for widows ^^Jj^jj J«J
and children, and the same allowances and benefits, in every res-abuitiei.'and for
pect, as are allowed to other troops composing the army of the 5iiidren,Ac. ^
United States.
•^ 4. And be it further enacted, That the non-commissioned sauon fo?£lliu«
officers, musicians, and privates of said regiment, when employ- ^"*3^*
ed in constructing fortifications, making surveys, cutting roads, or
performing other labor, shall be allowed fifteen cents per day
each, with a commutation in money for the extra spirit ration, as
provided by the act of the second of March, one thousand •ight Act of i8i9,<:.
hundred and nineteen, entitled "An act to regulate the pay of the J^fT^^^**^' ^^»
army when on fatigue duty.
•^ 6. And belt Jurther enacted f That the sum of seventy- Appropriation.
six thousand five hundred dollars, for mounting and equipping
said regiment, be, and the same hereby is appropriated, to be
paid out of any moneys in the Treasury not otherwise appiropri-
ated.
•^ 6. And be it further enacted j That a sum not exceeding ^^^Ap|)ropr!ation
three thousand dollars, out of any moneys in the treasury not uonro^'^^route
otherwise appropriated, be, and the same hereby is appropriated,'**^*^**"*
to defray the expenses of ^each military station or defence which
the President may deem necessary on the line of communication
with Oregon, and a sum not exceeding two thousand dollars
for making compensation to the Indian tribes which may own or
possess the ground on which said station may be erected, and for
each station. Approved^ May l^th, 1846.
CHAP. 23. An act to establish the value of certain foreign coins and
moneys of account, and to amend existing laws.
^ I. Beit enacted, fyc. That in all computations at the cus- vaiue of foreign
torn-house, the foreign coins and money of account herein speci- ^i!2:co?Dt.'eirtab^
fied shall be estimated as follows, to wit: The specie dollar of pUtfuoCsA^uSl
Sweden and Norway, at.one hundred and six cents. The specie *^™**°"*'*
. dollar of Denmark, at one hundred and five cents. The thaler
of Prussia and of the Northern States of Germany, ^t sixty-nine
cents. The florin of the southern States of Germany, at forty
cents. The florin of the Austrian Empire, and of the city of
Augsburg, at forty-eight and one half cents. The lira of the
Lombardo- Venetian Kingdom, and the lira of Tuscany, at six-
teen cents. The franc of France, an^ of Belgium, and the lira
of Sardinia, at eighteen cents six mills. The ducat of Naples,
at eighteen cents. The ounce of Scicily, at two dollars and for-
ty cents. The pound of the British provinces of Nova Scotia,
New Brunswick, Newfoundland, and Canada, at four dollars. —
And all laws inconsistent with this act are hereby repealed.
Approved^ May 1^2d, 1646.
60
Digitized by CjOOQ IC
3102 1846 Chap. 26.
CHAP. 25. An act establishiag certain post routes, and for other pof'
poses.
^^'^''rJ^ ^ I. Beit enacted, S^c^ That the following be established as
post routes:
IN TEXAS.
From New Orleans, in the State of Loaisiana, to Galveston,
in Texas, by water.
From Galveston to Houston, by water.
From Galveston, by San Luis and Yelascor, to Matagorda.
From Galveston to Corpus Chrisii, by water.
Ff om Galveston, by Chambersia, Johns, and Liberty to, Swart-
wout.
From Galveston, by Garner's, to Beaumont.
From Velasco, by Brazoria, Columbia, Orozimbo, Big Creek,
Richmond, San Felipe, Centre Hill, and Cedar Creek, to Wash-
ington.
From Matagorda, by Caney, Preston, Peach Creek, Egypt, and
Columbus, to Lagrange.
From Houston, by Hamblin's and Arnold's, to Washington.
From Houston, by Hodges' Bend, Richmond, Damon's Mills,
Egyptj and Texana, to Victoria.
From Houston, by Croft's, to Montgomery.
From Washington, by independence,' Brenham, Sieper's, Shel-
by's, and Rutersville, to Lagrange.
From Washington, by Fanthorp's, Rusk, Montgomery, Lone
Oak, Collard's, Huntsville, and Cincinnati, to Crockett.
From Washington, by Boonville, Wheelock, and Franklin, to
Falls of Brassos.
From Fanthorp's, by MitchelPs, Leona Mills, Alabama, and
Mustang Prairie, to Crockett.
From Huntsville, by McGee's, Rankin's, Swartwout, Hardin's,
Criswell, Hooker's, Wilson's, Ratclifl's, Town Bluff, Jasper and
Williams, to Sabinetown.
From Crockett^ by Masters', Mount Aairy, Douglass, Nacog-
doches, Melrose, and Flournoy's to San Augustine. «
From Jfacogdoches, by Woolen's, Henderson, and Walker's,
to Marshall.
From San Augustine, by Shelbyville, Hilliard's, Mount Mourn,
and Parry's, to Marchall.
From San Augustine, by Milam, Sabinetown, to Fort Jesup,
Louisiana.
From Marshall by Jefferson, Hughes, Dangerfield, Wever's,
and Dunham to Boston.
From Marshall, by Port Caddo, to Greenwood, Louisiana*
From Boston, by Mooresville, to Fulton, Arkansas, and from
Pine Bluff's, in Jefferson county, to Warren, in Bradley county,
in Arkansas.
From Boston, by De Kalb, Savannah, Clarksville, Blossom
Prairie, Paris, and Honey Grove, to Bonham.
From Bonham, by McGarra's, Dallas, and Chamber's Creek,
Falls of BrasseoB, to Austin.
Digitized by CjOOQIC
1846 Chap. 26. 3103
Trom Independence, by Maond Prairie, Caldwell, and DiU
liard's, to Nashville.
From Lagr&nge, by Miller's, Cunningham's, Mount Pleasant,
Bastrop, Smithwick, and Columbus, to Austin.
From Austin to Gonzales.
From Gonzales, by Seguin and New Braunfels, to San An-
tonio.
From Clarksville to Fort Towson.
«J 2. And be it further enacted. That the Postmaster General ^^^^l^^iS;^
be, and he is hereby, authorized to continue in operation such ^^^^J"^ '*'*
portions of the present mail service in Texas, established under ^ "**'
its former laws, upon any of the foregoing routes, as he may
deem expedient — not, however, for a longer period than the thir-
tieth June, eighteen hundred and fifty ; and to make contracts
• for the appropriate mail service on any of the foregoing routes,
either without advertisement, where the same can t^ effected at
rates of compensation not exceeding the average prices for like
service in the other Stateaof this Union, or upon advertisements
for a less period than twelve weeks, as he shall deem best for the
public interests.
^ 3. And be it further enacted, That the Postmaster General ^^*5^"JJ" ^^
be, and he is hereby, authorized to pay mail contractors in Texas «•» oomriwu«
for servic^ duly performed by them since the sixteenth day ofTloa^rforMdT
February, eighteen hundred and forty^six, and also officers em-
ployed in superintending the mail service : Providedj however^ Provifo.
That such payment shall in no case exceed the compensation a-
greed upon with* the late authorities of Texas : Provided, also.
That the several postmasters in Texas, appointed by the late
Government of Texas, shall duly account to and pay over to the
Postmaster General of the United States all balances accruing at
their offices, respectively, from & after said sixteenth of February,
eighteen hundred and forty-six; that is, all money collected, or to
be collected, for postages at their offices, respectively, after de-
ducting the commissions allowed by the law to postmasters in the
U.States. And it is hereby enacted and declared to be tHe duty of ^r^mtrtsn in
said persons and postmasters as aforesaid, in Texas, to account for «nd pay otm
for and pay oveY to said Postmaster General of the United Stales S,n^«f**,*n^
all said balances, in the manner and to the extent required by the'*"*^ ***•
laws of the United States of the several postmasters of the United
States ; and the like remedies and means of collecting, and en*
forcing collection, by suit or otherwise, of said balances, are
hereby granted, as now exist by law against the postmasters of
the United States. The same rates of postage are to be charged ,^*^^*'^2J
and collected in Texas as in other Stages of this Union ; and all suim.^
laws concerning the Post Office Department, and regulations
thereof, are hereby declared to have full effect and operation in
said State from and after said sixteenth of February aforesaid.
^ 4. And be it further enacted, That the act establishing cer- ^^^"^^^^
tain post routes in Texas approved the sixth of February, anno MUbiMhinr pMt
Domini eighteen hundred and forty-six, be, and the same is here-"****" tn'ft**'-
by repealed. Approved^ May 29/A, 1846.
Google A
Digitized by -VjOOQ
3104 1846 Chap. 26—28.
CHA]^. 26. An act in relation to the July term of the circuit ami diitrk
courts in the district of Ohio.
ei«S wTdiJf ^ I. BeU enacted, 4-c., Thai Ihe July term of tfic circailand
Ohio m"?* h Id *''^^'^*^^ courts of the United States in the district of Ohio, shaD
on *3d Monday^'of hereafter be held on the third Monday of July, annually: Proot-
'"^TiM^"^' ^^^i That all actions, suits, appeals, recognizances, processes,
writs, and proceedings whatever, -pending or which may be pend-
ing in said courts, or returnajble to the term as it now exists,
shall have day therein, and be heard, tried, proceeded with, and
disposed of at the term as fixed by this act.
Approved, May 29thj 1846.
CHAP. 28. An act supplemental to an act entitled " An act providing for
the prosecution of the existing war between the United States and tb«
republic ot Mexico,'' and for other purposes.
arJunft'wJ^H- ^ ^' Be U enacied, fyc. That the President of the United
touTft ^"^'^ States be, and he hereby is, authorized to appoint, by and with
■jppoin . ^^^ advice and consent of the Senate, one major general, and
two brigadier generals, in addition to the present military establish-
PkoviM. ment : Provided, That when the war with Mexico sfiall be ter^
minated by a definitive treaty of peace, duly concluded and rati-
fied, the number of major generals in the army shall be reduced
to one, and the number of brigadier generals shall be reduced to
two ; and the President of the United States is authorized and
directed to select from the whole number which may then be in
oflUce, without regard to the date of their commissions, tb^num-
ber to be retained, and cause the remainder to be discbarge from
the service of the United States.
uiSSS'S ciui ^ 2. And be U further enacted, That the President of the
iotoienrioe «en- United Stalcs be, and he hereby is, authorized to call into the
oral oflicariofibe . , ' %*»»•. ^ .. -ijj
miuua, service, under the act approved May thirteen, eighteen hundrea
Aotee.i6p.3097 and forty-six, such of the general officers of the militia as the
service, in his opinion, may require, and to organize into brig-
ades and* divisions the forces authorized by said act^ according to
his discretion.
otfijUat^batUf ^ ^- ^^^ *« ^ further enacted, That the field and staff of a
wtabfiitod °***" separate battalion of volunteers, under the said act, shall be one
lieutenant colonel or major, one adjutant, with the rank of lieu*
tenant, one sergeant major, one quartermaster sergeant, and a
chief bugler or principal musician, according to corps.
TaSST^JwnSi- "^ *• ^^^ ^^ it further enacted, That the President of the
■y. - United States may limit the privates in any volunteer company,
according to his discretion, at from sixty-four to one hundred;
M^ndutuiVnMtand that with every volunteer company an additibnal second
•iioitad. lieutenant may be allowed and accepted.
^ ^5. And be it further enacted, That when volunteers or
c««*S^%irq??r; ">>l>tifi are called into the service of the United States in such
SiMaf^SS" '***''^'^®" ^^^^ ^^^ officers of the quartermaster, commbsary, and
i^ai ^dipartnoMtt medical departments, authorized by law, be not sufficient to pro*
■naybe.pi>oiiitod. ^jj^ ^^^ Supplying, quartering, transporting, and furnishing them
Digitized by CjOOQIC
k
1846 Chap. 28. 3tOg
with the reqaisite medical attendance, it shall be lawfol for the
I'resideDt to appoint, with the advice and consent of the SenatOi
aa many addftional officers of said department as the service
may require, not exceeding one quartermaster and one commis-
sary for each brigade, with the rank of major, and one assistant
quartermaster, with the rank of captain, one assistant oomroissa««
ry, with the rank of captotn, one surgeon, and one assistant sur*
geon, for each regiment ; the said quartermasters and commi»*
saries, assistant quartermasters and assistant commissaries, to
give bonds, with good and sufficient sureties, for the faithful per*
formance'of their duties ; and they ahd the said surgeons and as-
sistant surgeons to perform such duties as the President shall
direct: Provided, That the said officers shall be allowed f^ovbo.
the same pay and ei^oluments as are now allowed to officers of
the same descriptions and grades in those departments, respect
lively ; that they be'subject to the rules and articles of war, and
continue in service only as long as their services shall be requir-
ed, in connexion with the militia and volunteers.
^6. And be U^ further enacted, That the President of the ^^^^-jj^jj^-^jj^
United States be, and he hereby is, authorized to appoint as^^i'*^ "'*'
many additional assisstant adjutant generals, not exceeding four,
as the service may require : who shall be appointed, by and with
the advice and consent of the Senate, in the same manner, have
the same brevet rank, pay, and emoluments, and be charged
with'the same duties, as those now authorized by law : Provided,
That these additional appomtments shall continue only so long
as the exigencies of the service may render necessary.
^ 7. And be it further enacted. That promotion in the quar- JJJJJJJj^J^*^
termaster^s department, to the rank of Major, shall hereafter be *** "''~**^
made from the captains of the army ; and that appointments in
the line, and in the general staff, which confer equal rank in the
army, shall not be held by the same officer at the same time ;
and when any officer of the staff who may have been taken
from the line shall, in virtue of seniority, have obtained or be en-
titled to promotion to a grade in his regi{pent equal to the com-
mission he may hold in the staff, the said officer shall vacate
such staff commission, or he may, at his option, vacate his .com-
mission in the line.
^8. And be it further enacted J That the aids-de-camp of the Aidt^vcMp.
major general commanding the army in time of war may be ta-
ken from the line, without regard to rank ; and the aids-de-camp
allowed tq other major generals and brigadier generals may be
taken from the grade of captain or snbaltern ; and that the com-
manding or^'highest general in rank may, while in the field, ap«
point a military secretary from the subalterns of the army, who jHjgj^,,^^
shall have the pay and emoluments of a major of cavalry for thetvr*
time being.
^ 9. And be it further enacted^ That the allowance for ei^hKr"*
clothing to each non-commissioned officer, musiciani and private
Digitized by CjOOQIC
3106 1846 Chap. 28—33.
of voluDteera shall be three dollars aod fifty oents per mooUii
during the time he shall be in the service of the United States.
8ab«wteoo«aiid ^10. And be U further enacted. That the non-commissioned
u^ai^mmul' officers, musicians, and privates of volunteers and militia, when
called into the service of the United States, shall be entitled to
receive fifty cents,' in lieu of subsistence, and twenty-five cents
in lieu of forage for such as are mounted, for every twenty miles,
by the most direct route, from the period of leaving their homes,
to the place of general rendezvous, and from the place of dis-
charge back to their homes.
EoiutBMBU ^ li. And be it further enacted, That the colonel or senior
aathoriMd. ofliccr of the ordnance department is authorized to enlist for the
service of that department as many master armorers, master car-
riage makers, master blacksmiths, artificers, armorers, carriage
makers, blacksmiths, and laborers, as the public service, in his
judgment, under the directions of the Secretary for the Depart-
ment, of War, may require. Approved^ June IB^A, 1846
CHAP. 29. An act making alterations in the pay department of the
army.
PBymaMwa to ^1- Be it encudedy ^c, That the President of the United
toappoiotMi. States be and he is hereby autbortzed, by and with advice and
consent of the Senate, to appoint three additional paymasters, to
be attached to the pay department of the army.
^|Mj,«mi|i»D. ^ 2. And be it further enacted, That the officers appointed
penta on, e. .^ yirtuc of this act shall perform the same duties, receive the
same pay and allowances as the present paymasters of the army,
and shall, in like manner, be subject to th^ rules and articles of
war ; and previous to entering upon the duties of their office,
shall give such bonds to the United States as the Secretary of
War may direct for the faithful performance of their duties.
Approved, June 11 th, 1846.
CHAP. 33. An act to provide for the organization of the volunteer for-
ceB, brought into the service of the United States, into brigades and di-
visions, and for the appointment of the necessary number of general
officers to command the same.
The PiMid«)t ^ I. Be it enacted, ^c. That the President of the United
iSifCrSJ m" States be, and he is hereby, authorized to organize into brigades
^TbioM^ 3097 *^"** divisions such of the volunteer forces as have been or may
**• * be called into" the service of the United States, under the act
approved May thirteen, eighteen hundred and forty-six, entitled
'* An act providing for the prosecution of the existing war be-
Ma «poiatfach ^^^^^ ^^^ United States and the Republic of Mexico ;" and that
nJ3m of^^Vior ho be, and hereby is, authorized to appoint, by and. with the ad-
SiM^gllilfabu vice and consent of the Senate, such number of major generals
'^^SS!'*^^' and brigadier generals as the organization of sucb volunteer for-
ces into brigades and divisions may render necessary : Provided^
That the brigadier generals and major generals so apppointed
shall be discharged from service by the President of the United
States, when the war with Mexico shall be terminated by a defi-
Digitized by CjOOQIC
1846 Chap. 33—36. 3107
nlte treaty of Peace, duly concluded and ratified ; or, in case the
brigades or divisions of volunteers at any time in the service shall
be reduced in number, the brigadier generals and the major gen-
erals herein provided for shall be discharged in proportion to the
reduction in the number of the brigades and divisions: And fi|trangthoreach
provided^ further^ That each brigade of volunteers shall con- IS*** "*^***^
sist of not less than three regiments, and each division shall con-
sist of not less than two brigades.
Approved, June 26th, 1846.
Pi«tmU».
CHAP. 35. An act to retrocede the county of Alexandria, in the Dialrict
of Columbia, to the State of Virginia.
Whereas, no more territory ought to be held under the exclusive
legislation given to Congress over the District which is the
^ Seat of the General Gk>vernroent than may be necessary and
proper for the purposes of such a seat ; and whereas, exp-
erience hath shown that the portion of the District of Colum-
bia ceded to the United States by the State of Virginia has
not been, nor is ever likely to be, necessary for that purpose ;
and whereas, the Slate of Virginia, by an act passed on the
third day of February, eighteen hundred and forty-six, enti-
tled " An act accepting by the State of Virginia the county of
Alexandria, in the District of Columbia, when the same shall
be receded by the Congress of the United States," hath sig-
nified her willingness to take back the said territory ceded as
aforesaid: Therefore —
4» 1. Beit enacted, SfC, That, with the assent of the people Aiith.t i»rt>M
of the county and town of Alexandria, to be ascertained as here- g;,^*^^^^'^;;^^^
inafter prescribed, all of that portion of the District of Columbia ^i:,^!!*^,;:^
ceded to the United Slates by the State of Virginia; and all theod to «u suw.
rights and jurisdiction therewith ceded over the same, be, and
the same are hereby, ceded and forever relinquished to the Slate
of Virginia, in full and absolute right and jurisdiction, as well of
soil -as of persons residing or to reside thereon.
^ 2. And be U further enacted, That nothing herem con- ^^oAiy herein
tained shall be construed to vest in the State of Virginia any 'jg*^* JJ^'^Tf^rSiS
of property in the custom-house and post office of the United Jf v?«io?a any
States within the town of Alexandria, or in the soil of the terri- fj«»>\«J p~^
tory hereby receded, so as to affect the rights of individuals orbjuje ^ p«.i
corporations therein, otherwise than as the same shall or may be
transferred by such individuals or corporations to the Slate of
^TT'And be U further enacted, That the jurisdiction and Jxi-Jy^J--
laws now existing in the said territory, ceded to the United States oot^to^c«M.^or
by the State of Virginia, as aforesaid, over the persons and pro- the suieof vir-
perty of individuals therein residing, shall not cease or determine J|5i%;'";Jf^PSr"
until the Sute of .Virginia shall hereafter provide, by law, for the J^^ 'f^^^a^o'
extension of her jurisdiction and judicial system over the said ter-fce.
ritory hereby receded.
Digitized by CjOOQ IC
S108 18*5 Chap. 35.
•^ ^ ^4. And he U further enacted^ That this act shall not be io
SriT^^*^ force until after the assent of the people of the county and tows
2'KL?tMt*iSof Alexandria shall be given to it in the mode hereafter provided,
iteiiutoeiftet Immediately after the close of the present session of Congress,
the Pi^sident of the United States shall appoint five commissioD-
ers, (any three of Hhom may act,) citizens of the said town or
county of Alexandria, and freeholders within the same, who shall
be sworn before some justice of the peace in and for the said
town or county, to discharge the duties hereby imposed upoo
them faithfully, impartially, and to the best of their ability.
oJISitoi^'^thl These commissioners, or any of them, shall proceed, within ten
TS^Jm aUn ^*y* ^^^^^ ^^y ^^^ notified of their appointment, to fix upon the
MdoMBty. time, place, and manner of taking the vote within the town or
county of Alexandria, and shall give notice of the same by ad-
▼ertisement in the newspapers of the said town. And on the
day and at the place so appointed, every free white male citiz^
of the United States, who shall have resided in said county of
Alexandria for six months preceding the time when he offers his
vote, insane persons and paupers excepted, shall vote viva voce
upon the question of accepting or rejecting the provisions, of this
act. The said commissioners shall preside when this vote is
taken, and decide all questions arising in relation to the right of
voting under this act. Within three days after this vote is taken
as aforesaid, the said commissioners shall make out three state-
ments of the result of this poll, upon oath, and under their seals.
Of these, one shall be transmitted to the President of the United
States, one to the Governor of the Commonwealth of Virginia,
and one shall be deposited in the clerk's office of the cotintjr
court of Alexandria. If a majority of the votes so given shall be
cast against accepting the provisions of this act, then it shall be
void and of no effect ; but if a majority of the said votes should
be in favor of accepting the provisions of this act, then this act
shall be in full force, and it shall be the duty of the President of
the United States to inform the Governor of Virginia that this net
is in full force and effect, and to make proclamation of th% fact.
tfin^tto'SErt^ ^ 5. And be it further enacted, That, in such case, the right
{J*^i!fyj}" ^ of property in the half square in Alexandria on which stands the
vTrriSr'it^aJlf^^'*''*"'^^'**®' bounded by Columbus, Queen, and Princess streets,
of Midwwn tod and thc half square on which stands the jail, bounded by Prin-
**""''* cess, St. Asaph, and Pitt sireets, shall be conveyed to the Gov-
ernor of Virginia, and his successors, for the use of the county
and corporation of Alexandria forever; and the Solicitor of the
Treasury of the United States is hereby authorized and reqfiired,
in the name and on the behalf of the United States, to make all
the proper and necessary conveyances for that purpose.
Ttadeu oT iht §6. Be it further enacted. That Congress will in no event
SKSifU ,»at assume and pay the debt, or any part thereof, now due by the
^— ^"^^ *»' corporation of the city of Alexandria.
Approved, JutyWh, 1846.
Digitized by LjOOQIC
1846. Chap. 36—38. 3109
CHAP. 36. An act to authorize the President of the United States to
sell the reserved mineral lands in the States of Illinois and Arkansas,
and Territories of Wisconsin and Iowa, supposed to contain lead ore.
^ 1, BeUmadedy ^c, That the President be, and he hereby ,^]* 'ivj;*7IId
18, authorized, as soon as practicable, to cause the reserved lead conti^uoa* ludi
mines and contiguous lands in the States of Illinois and Arkan- JL. w'ieoatin,
sas, and Territories of Wisconsin and Iowa, belonging to the!zpo!^i!je^*
United States, to be exposed to sale, in the same manner that
other public lands are authorized by law to .be sold, except as
hereinafter provided.
^ 2. And be it further enacted, That six months' notice of six monOn pab-
the times and places of said sales shall be given in such news- ^ven^^'^r ^sud!
papers of general circulation, in such of the States as the Presi- Jjjjy •j^jp^^n'
dent may think expedient, with a brief description of the mine-^^
ral regions of the States of Illinois and Arkansas, and Territo-
ries of Wisconsin and Iowa, and of the lands to be offered for
sale; showing the number and localities of the different mines
now known, the probability of discovering others, the quality of
the ore, the facilities of working it, the further facilities (if an;)
for manufacturies of shot, sheet lead, and paints, and the means
and expense of transporting the whole to the principal markets
in the United States : Provided, That the said lands shall not Provim.
be subject to the rights of pre-emption until after the same have
been offered at public sale and subject to private entry. ^
^ 8. And be U further enacted. That upon satisfactory proof t^iif^^ *™fj®j;
made to the register and receiver of the proper land office, that "j,"f*t^®^ ,>•**
any tract or tracts of said lands contain a mine or mines of lead tach^egan^abd"
ore, actually discovered and being worked, then, and in thatciadTi^faT^niM
case, the same shall be sold in such legal subdivision orsubdivis-'^NoWd'to bew.
ions as will include such mine or mines ; and no bid shall be re- JJi7**e2^ ^r
ccived therefor at a less rate than the sum of two dollars and ^^'^•
fifty cents per acre ; and if such tract or tracts shall not be sold
at such public sale, at such price, nor shall be entered at private
sale within twelve months thereafter, then the same shall be sub-
ject to sale as other lands : Provided, That no legal subdivision ^ro"*'"**-
of any of said lands, upon which there may be an outstanding
lease or leases from the Government of the United States, or
their authorized agent, unexpired and undetermined, shall be
sold until after the determination of such lease or leases by ef-
fluxion of time, voluntary surrender, or other legal extinguish-
ment thereof. Approved, July lUh, 1846.'
CHAP. 38. An act to change (he time of holding the federal court in
North Carolina.
^1. Beit enacted, fyc. That the circuit courts of the Uni- for^w^th cJirT
ted States for the district of North Carolina shall be held at Ra- ^''JSi^ ^ ,^
leigh, on the first Monday in June and the first Monday in De- JJj^'J'j^^^Jj^,^",^'
cember, instead of the times now prescribed by law ; and all ac- >t«ft<i of^he times
tions, suits, appeals, recognizances, processes, writs, and proceed- by Taw.^'**'"^
ings whatever, pending, or which may be pending, in said courts,
61
Digitized by CjOOQ IC J I
3110 2846. Chap. 38--64-
or returnable thereto, shall have day therein, and be heard, tried,
proceeded with, and decided in like manner as if the time of
holding said court bad not hereby been altered,
Approved, July 15/&, 1846.
CHAP. 60. An act to exempt canal boats from the payment of fees and
hofipital money.
Gu«iboati6<- ^ 1. Be it enactedy fyc, That the owner or owners, master
^yULeot dr°&6B or captain, or other persons employed in navigating canal boats
IJ? ***"*"**'"*'*"" without masts or steam power, now by law required to be res-
tored, licensed, or enrolled and licensed, shall not be required to
•/tithiJrto re^ pay any marine hospital tax or money ; nori shall the person em-
ceiTe no benefit ployed to navifi^ate such boats receive any bene&t or advantage
ftind. from the marine hospital fund ; nor shall such owner or owners,
master or captain, or other persons be required to pay fees, or
BdbjlS tSlSe??n make any compensation for such register, license, or enrolment
tbe^oooitsofihej^jnj li^gngg^ nor shall any such boat be subject to be libelled in
any of the United States courts for tho wages of any person or
persons who may be employed on board thereof, or in navigating
the same.
Repeei ofaeu ^ 2. Afid be it farther enacted. That all acts and parts of
repofnaot to this . /•!• ■ •■
»et. acts repugnant to the provisions of this act, be, and the same are
hereby repealed. Approved, July 20tk, 1846.
CHAP. 64. An act authorizing and issue of treasury notes and a loan,
»4"SJ»^"iJ"' ^ ^- ^^^ enacted, fyc. That the President of the United
ifbd. States is hereby authorized to cause treasury notes to be issued
for such sum or sums as the exigencies of the government may
require ; and in place of such of the same as may be redeemed,
Not exoeeding to causc others to be issued ; but not exceeding the sum of ten
*^uiMdiSi**it"™'"*^"^ ^^ dollars of this emission outstanding at any one time,
any one time and and to be issued Under the limitations and other provisions coo-
der uie limita- taincd in the act entitled <' An act to authorize the issue or treas-
oSUber?i?*iai7%ry notes," approved the twelfth of October, one thousand eight
SjMtVp's^*'"**^'^^''^^ ^"^ thirty-seven, except that the authority hereby giv-
en to issue treasury notes shall expire at the end of one year
from the passage of this act.
Tiie Preeident ^ 2. And bc U further enacted. That the President, if in
^m*n^?fUBa- his opinion it shall be the interest of the United States so to do,
n%e, aS* ta?2 *"8tead of issuing the whole amount of treasury notes authoriz-
rwed**!?"" ***"" ^^ ^y ^^^ ^""^^ section of this act, may borrow on the credit of
Aefc' of 1843 c. the United States such an amount of money as he may deem
M.aotep. I. pi^Qpg,.^ and issue therefor stock of the United States for the
sum thus borrowed, in the same form, and under the same re-
strictions, limitations, and provisions, as are contained in the act
of Congress, approved April fifteenth, one thousand eight hon«'
dred and forty-two, entitled << An act for the extension of the
loan of eighteen hundred and forty-one, and for an addition of
five millions of dollars thereto, and for allowing interest on tieas*
Frarboj ury notes due." Provided, however, That the sum so borrowedi
Digitized by CjOOQIC
1846. Chap. 64--68. 3111
together with the treasury notes issued by virtue of this act,
shall not in the whole exceed the sum of ten millions of dollars :
And provided, further^ That no commission shall be allowed or ProviM.
paid for the negotiation of the loan authorized by this act ; and
also that the said stock shall be redeemable at a period not lon-
ger than ten years from the issue thereof.
^ 3. And be it further enacted^ That the treasury notes and ''otto bear t
stock issued under the provisions of this act shall not bear a inS»rMt Sm %\x
higher rate of interest than six per centum per annum) and no ^ ^°^*
part thereof shall be disposed of at a less than par.
^4. And be it further enacted, That no compensation shall j,^ oompaoii.
be made to any officer, whose salary is fixed by law, for prepar- 1»~ lo *>J^,^
ed, signing, or issuing treasury notes ; nor shall any clerks be offiMMor?r«p«r-
employed beyond the number authorized by the act herein refer- bfai?!"^'' mm
red to. '~*»''*^
^ 5. And be it further enacted. That the sum of fifty thou- (|5<mx» apiiro-
sand dollars be, and the same is hereby, appropriated out of any fhlT^iiloaiu^'S
money in the treasury not otherwise appropriated for the pur-^^^"^j^"JJJj;
pose of paying the amount of certain treasury notes (which, Wiied^*^
having been received or redeemed by any authorized officer of
the government, were subsequently purloined or stolen and put
into circulation without evidence on their face of their having
been cancelled)to the respective holders, who may have received
the same, or any of them, for a full consideration, in the usual
course of business, without notice or knowledge of the same
baving been stolen, or cancelled, or altered, and without any cir-^
camstances to cast suspicion on the good faith or due caution
trith which they may have received the same.
Approved, July 22<i, 1846.
CHAP. 66. An act in reiation to the payment of claims.
^1. Beit enacted, fyc, That whenever a claim on the United ^ ciaimi •iiow^
States aforesaid shall hereafter have been allowed by a resolution tobe*UlSdw any
or act of Congress, and thereby directed to be paid, the money jJrJJos'^thlSJihi
shall not, nor shall any part thereof, be paid to any person or e!!SJS"r?*a4^i-
persons other than the claimant or claimants, his or their executor jiJ^^YtSld^i^^^^
or executors, administrator or administrators, unless such person mjl
or persons shall produce to the proper disbursing officer a war-
rant of attorney executed by such claimant or claimants, ezecu- fS^mt^ff
tor or executors, administrator or administrators, after the enact- •^^"'"•r.
ment of the resolution or act allowing the claim; and every
such warrant of attorney shall refer to such resolution or act,
and expressly recite the amount allowed thereby, and shall be
attested by two competent witnesses, and be acknowledged by
the person or persons executing it, before an officer having au-
thority to take the acknowledgment of deeds, who shall certify
such acknowldgement ; and it shall appear by such certificate
that such officer, at the time of the making of such acknowledg-*
ment, read and fully explained such warrant of attorney to the
person or persons acknowledging the same*
Approved July^9th, 1846.
Digitized by CjOOQIC
3112 1846 Chap. 67—74.
CHAP. 67. An Act further to extend the time for locating Virginia m^
tary land warrants, and returning suveya thereon to the General Land
Office.
19,18^'. p?T ^ 1 : Beit enacted fyc. TJiat the act entitled «'An act further
SiitXyU^d wi*^^ extent the time for locating Virginia military land warrants,
f«nu,&c. extend- and returning surveys therepn totheGeneral Land Office," appro-
•d to ist January, . . o . ^ . • T ■ t ■ i * . T*^ »■
1848. ved August nineteen, eighteen hundred and forty-one, as to all
M?aot«p.ss38?' Warrants issued prior to the tenth day of August, eighteen hun-
dred and forty, and no others, be and the same is hereby, revived
and continued in for until the first day of January, eighteen hun-
dred and forty-eight. Approved^ July 29/*, 1846.
CHAP. 68. An Act giving the assent of Congress to a change of the
compact entered into between the United States and the State of Arkan-
sas, on her admission into the Union.
PrMmbia. Whcrcas the Congress of the United States, by an act supple-
mentary to an act for the admission of the State of Arkansas
into the Union, and to provide for the due execution of the
laws of the United States within the same, and for other pur-
poses, approved June twenty-third, eighteen hundred and
Act of 1838.0. thirty-six, in the fifth proposition made to the State of Arkan-
**»*»** ^o'- ^ sas, and which was subsequently accepted by the General
^' Assembly of the State of Arkansas, provided that the two entire
townships of land located by virtue of an act of Congress enti-
Aet of 1887 c. tied "An act concerning a seminary of learning in the Terri-
ji^voi, 3. p. tory of Arkansas/' approved the second day of March, eigh-
teen hundred and twenty-seven, which, by the first recited
act of Congress, were vested in and confirmed to the General
Assembly of the State of Arkansas, to be appropriated solely
to the use and support of a university in said State : A))d whe-
reas the General Assembly of the State of Arkansas have,
by their resolution, approved December eighteen, eighteen
hundred and forty-four, asked for a modification of said com-
pact to authorize said General Assembly to appropriate said
seventy-two sections of land to common school purposes :
Therefore,
AttoDt of Cod. ^1* Belt euQctedy ^c. That the assent of Congress be, and
ehIIn«**^o/th5*® hereby, given to the change in said compact asked for by the
compact lo a« to gaid General Assembly, so as to authorize and empower the
approplltion of 73 General Assembly of the State of Arkansas, and they are hereby
fc^^^f^i Ji,"- authorized and empowered, to appropriate said seventy-two sec-
'"* tions of land for the use and benefit of common schools in said
State, or in any other mode the said General Assembly may
deem proper, for the promotion of education in said State.
Approved July 29th, 1646.
CHAP. 74. An act reducing the duty on imports, and for other purposes.
^ I. BeU enadedf ^c, That from and after the first of De-
cember next, in lieu of the duties heretofore impoaed by law on
the articles hereinafter mentioned, and on such as may now be ex-
Digitized by CjOOQIC
1846 Chap. 14. 3113
empt from duty, there shall be levied, collected, and paid, on the SSj^'Sjount ©r
goods, wares, and merchandise herein enumerated and provided ^^ ^^ ^^-
for, imported from foreign countries, the following rates of duty
— that is to say :
On goods, wares, and merchandise mentioned in schedule A,
a duty of (me hundred per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule B^
a duty of forty per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule C,
a duty of thirty per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule D,
a duty of twenty-five per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule E,
a duty of twenty per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule F,
a duty of fifteen per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule O,
a doty of ten per centum ad valorem.
On goods, wares, and merchandise mentioned in schedule H^
a duty of five per centum ad valorem.
^ 2. And be it further enacted, That from and after the first |^°^ ' **y
day of December next, the goods, wares, and merchandise men-
tioned in schedule I shall be exempt from duty.
^ 3. And be it further enacted. That from and after the ""dil^pSSJ
first day of December next, there shall be levied, collected, and 2^pr5Ste3fef!
paid on all goods, wares, and merchandise imported from foreign
countries, and not specially provided for in this act, a duty of
twenty per centum ad valorem.
<^ 4. And be it further enacted, That in all cases in which m^ffl mA
the iuToice or entry shall not contain the weight or quantity or ZtSnSSH! **
measure of goods, wares, or merchandise now weighed or meas-
ured or gauged, the same shall be weighed, gauged, or measured
at the expefftee 9f the owner, agent, or consignee.
^ 5. And be it further enacted, That from and after the first HeJ^to^w
day of December next, in lieu of the bounty heretofore author* p*«"«*^"^
ized bylaw to be paid on the exportation of pickled fish of the
fisheries of the United States, there shall be allowed, on the ex-
portation thereof, if cured with foreign salt, a drawback equal in
amount to the duty paid on the salt, and no more, to be ascer-
tained under such regulations as may be prescribed by the Sec-
retary of the Treasury.
^ 6. And be it further enacted. That all goods, wares, and JJgJ^JiJjSi;
merchandise imported after the passage of this act and which may pw«« of thta
be in the public stores on the second day of December next, shall SSdm! ti u^
be subject to no other duty upon the entry thereof than if the iiS«?*ii*Ml?
eame were imported respectively after that day. SST* ''^ *^
^ 7. And be it further enacted, That the twelfth section of ^se^'^jjj^
the act entitled *' An act to provide revenue from imports, and to <u8mi. "^
change and modify existing laws imposing duties on iraporta, and
for other purposes," approved August thirty, eighteen hundred m p!m^ ^
and forty-two, shall be, and the same is hereby, so far modified,
Digitized by
Google
3114 1846 Chap. 74.
that all goods imported from this side the Gape of Good Hope or
Cape Horn may remain in the public stores for the space of oae
year instead of the term of sixty days prescribed in the said sec-
tion ; and that all goods imported from beyond the Cape of Good
Hope or Cape Horn may remain in the public stores one year
instead of the term of ninety days prescribed in the said sectioa.
SSSfSft^Si ^8. And be U further enacted^ That it shall be lawful for
nay make addi-tdeoiyiier consignce, or agent of imports which have beenac-
ttoQ IB entry in ., ' , p ' ^^ ^ , » , ■ • i- •
certaincaMs. tually purchased, on entry of the same, to make such addition
in the entry to the cost or value given in the invoice, as in hit
opinion may raise the same to the true market value of such im-
ports in the principal markets of the country whence the impor*
tation shall have been made, or in which the goods imported shall
have been originally manufactured or produced, as the case may
be ; and to add thcFeto ail costs and charges which under exist-
ing laws, would form part of the true value at the port where the
same may be entered, upon which the duties should be assessed.
^ii«|^^^uae And it shall be the duty of the collector within whose district the
ipeoHmportB to same may be imported or entered to cause the dutiable value of
to eSut'^'^r such imports to be appraised, estimated, and ascertained in accord-
doty in^^o^l^ance with the provisions of existing laws ; and if the appraised value
^^^' thereof shall exceed by ten per centum or more the value so de^
dared on the entry, then, in addition to the duties imposed by
law on the same, there shall be levied, collected, and paid, a doty
Proviw. Qf twenty per centum ad valorem on such appraised value: Pnh
videdj nevertheless^ That under no circumstances shall the duty
be assessed upon an amount less than the invoice value, any lav
of Congress to the contrary notwithstanding.
cie2?*°to" "bS ^ ^* "^^ ^^ ^ further enacted^ That the deputies of any
•worn. collector, naval oflScer, or surveyor, and the clerks employed by
any collector, naval officer, surveyor, or Appraiser, who are not
by existing laws required to be sworn, shall, before entering upon
their respective duties, or, if already employed, before contiouing
in the discharge thereof, take and subscribe an oath or affirma-
tion faithfully and diligently to perform such duties, and to use
their best endeavors to prevent and detect frauds upon the revenue
of the United States; which oath or affirmation shall beadmio*
istered by the collector of the port or district where the said de-
puties or clerks may be employed, and shall be of a form to be
prescribed by the Secretary of the Treasury.
ifSJ'^biSS ^ 10- ^^ ^« *^ further enacted, That no officer or other
^mT^unUoK person connected with the navy of the United States, shall, un-
in' goods liable to der any preteuco, import in any ship or vessel of the United
^^' States any goods, wares, or merchandise liable to the payment
of any duty.
inSSdrteBU*** ^11* And be it further enacted J That all acts and parts of
acts repugnant to the provisions of this act be, and the same are
hereby, repealed.
Schedule A. — (One hundred per centum ad valorem.)
Brandy and other spiriu distilled from grain, or other mate-
Digitized by CjOOQIC
1846 Chap. 74. 8115
rials ; cordials, absynthe, arrack, coracoa, kirschenwasser, liqaers, ^^^ ^ ^
maraschino, ratafia, and all other spirituous beverages of a similar ^m. ^
character.
Schedule B. — (Forty per centum ad valorem.)
Alabaster and spar ornaments ; almonds ; anchovies, sardines^ schedule b 4o
and all other fish preserved in oil; camphor refined; cassia iGSaSr* **^
cloves ; composition tops for tables, or other articles of furniture ;
comfits, sweetmeats, or fruit preserved in sugar, brandy, or mo-
lasses; currants; dates; figs; ginger root, dried or green ; glass,
cut ; mace ; manufactures or ceder wood, granadilla, ebony, ma-
Jiogany, rosewood, and satin wood ; nutmegs ; pimento ; prepar-
ed vegetables, meats, poultry, and game sealed or enclosed in
cans, or otherwise ; prunes ; raisins ; scagliola tops for tables, or
other articles of furniture ; segars, ' snuff, paper segars, and all
other manufactures of tobacco ; wines — Burgundy, champagne,
claret, Madeira, Port, sherry, and all other wines and imitations
of wines.
Schedule C. — (Thirty per centum ad valorem.)
Ale, beer, and porter in casks or bottles ; argentine, alabatta, ^^""^J^^
or German silver, manufactured or unmanufactured ; articles em-C«^° '
broidered vith gold, silver, or other metal ; articles worn by men,
women or children, of whatever material composed, made up, or
made wholly or in part, by hand ; asses' skins ; balsams, cosmet-'
ics, essences, extracts, pastes, perfumes, and tinctures, tised eith-
er for the toilet or for medicinal purposes ; baskets, and all other
articles composed of grass, osier, palmleaf, straw, whalebone, or
willow, not otherwise provided for ; bay rum ; beads, of amber,
composition, or wax, and all other beads; bolc^na sausages;
bracelets, braids, chains, curls, or. ringlets, composed of hair, or of
which hair is a component part; braces, suspenders, webbing, or
other fabric, composed wholly or in part of India rubber, not
otherwise provided for ; brooms and brushes of all kinds ; came-
os, real and imitation, and mosaics, real and imitation, when set
in gold, silver, or other metal ; canes, and sticks for walking,
finished or unfinished ; capers, pickles, and sauces of all kinds,
not otherwise provided for ; caps, hats, muffs, and tippets of fur,
«nd all other manufactures of fur, or of which fur shall be a com-
ponent material ; caps, gloves, leggins, mitts, socks, stockings,
wove shirts and drawers, and all similar articles made on frames,
worn by men, women, or children, and (not otherwise provided
for ; card cases, pocket books, shell boxes, souvenirs, and all sim-
ilar articles; of whatever material composed ; carpets, carpeting,
hearth rugs, besides, and other portions of carpeting, being either
Aubusson, Brussels, ingrain, Saxony, Turkey, Venetion, Wilton,
or any other similar fabric ; carriages and parts of carriages ; cay-
enne (pepper, cheese ; cinnamon ; clocks and parts of clocks ;
clothing ready made, and wearing apparel of every description,
of whatever material composed, made up or manufactured whol-
ly or in part by tho tailor, seamstress, or manufacturer ; coach
Digitized by CjOOQIC
3116 1846— ^Chap. 74.
and harness furniture of all kinds ; coal ; coke and culm of coal ;
combs ot all kinds ; compositions of glass or paste, when set ;
confectionary of all kinds, not otherwise provided for; coral, cut
or manufactured ; corks; cotton cords, gimps, and galloons;
court plaster ; crayons of all kinds ; cutlery of all kinds ; dia-
monds, gems, pearls, rubies, and other precious stones, and. im-
itations of precious stones, when set in gold, silver, or other metal ;
dolls, and toys of all kinks; earthen, china, and stone ware, and
all other wares composed of earthy and mineral substances, not
otherwise provided for ; epulets, gaHoons, laces, knots, stars, tas-
sels, tresses, and wings of gold, silver, or other metal ; fans and
fire screens of every description,of whatever material composed ;
feathers and flowers, artificial or ornamental, and parts thereof,
of whatever material composed ; fire crackers ; flats, braids,
plaits, sparterre, and willow squares, used for making hats or
bonnets ; frames and sticks for umbrellas, parasols,and sunshades,
finished or unfinished ; furniture, cabinet and household ; gin-
ger, ground ; glass, colored, stained, or painted ; glass crystals
for watches ; glasses or pebbles for spectacles ; glass tumblers,
plain moulded, or pressed, not cut or punted ; paintings on glass ;
porcelain glass; grapes ; gum benzoin or Renjamin ; hair pen-
cils; bat bodies of cotton ; hats and bonnets, for men, women,
and children; composed of straw, satin straw, chip, gra^Sjpalmleaf,
willow, or any other vegetable substance, or of hair, whalebone,
or other material not otherwise provided for ; hemp, unmanufac-
tured ; honey ; human hair, cleansed or prepared for use ; ink
and ink powder; iron, in bars, blooms,' bolts, loops, pigs, rods,
slabs, or other form, not otherwise provided for ; castings of iron ;
old or scrap iron ; vessels of cast iron ; jappanned ware of all
kinds, not otherwise provided for ; jewelry, real or imitation ; jet
and manufactures of jet, and imitations thereof; lead pencils;
maccaroni, vermicelli, gelatine, jellies, and similar preparations;
manufactures of the bark of the cork tree, ezcept|corks ; manu-
factures of bone, shell, horn, pearl, ivory, or vegetable ivory ;
manufactures, articles, vessels, and wares, not otherwise provi«>
ded for, of brass, copper, gold, iron, lead, pewter, platina, sil-
ver, tin, or other metal, or of which either of those metals or
any other metal shall be the component material of chief value ;
manufactures of cotton, linen, silk, wool, or worsted, if embroid-
ered or tamboured in the loom or otherwrse, by machinery, or
with the needle, or other process ; manufactures, articles, ves-
sels, and wares of glass, or of which glass shall be a component
material, not otherwise provided for; manufactures and articles
of leather, or of which leather shall be a component part, not
otherwise provided for ; manufactures and articles of marble,
marble paving ti^es, and all other marble more advanced in man-
ufacture than in slabs or blocks in the rough; manufactures of pa-
per/or of which'paper is a component material,not otherwise provi-
ded for ; manufactures, articles, and wares of papier mache ;
manufactures of wood, or of which wood is a component part,
Digitized by CjOOQIC
1846 Chap. 74. 811T
not otherwise provided for ; manufactores of wool, or of which
wool shall be the component material of chief value, not other*
wise provided for ; medicinal preparations, not otherwise provi-
ded for ; metalic pens ; mineral waters ; molasses ; muskets, ri«
• lies, and other firearms ; nuts, not otherwise provided for ; ochres,
and ochrey earths, used in the composition of painters' colors,
whether dry or ground in oil ; oil-cloth of every description, of
whatever material composed; oils, volatile, essential, or express-
ed, and not otherwise provided for ; olive oil, in casks, other
than salid oil ; olive salid oil, and all other olive oil, not other*
wise provided for; olives; paper — antiquarian, demy, drawing,
elephant, foolscap, imperial, letter, and all other paper not other-
wise provided for ; paper boxes and all other fancy boxes ; pa-
per envelopes ; parasols and sunshades ; parchment ; pepper -,
plated and gilt ware of all kinds ; playing cards ; plums ; pota-
toes ; red chalk pencils ; saddlery of all kinds, not otherwise
provided for; salmon, preserved ; sealing wax ; sewing silks, in
the gum or purified ; shoes comppsed wholly of India rubber ;
side-arms of every description ; silk twist, and twist composed
of silk and mohair ; silver plated metal, in sheets or other form ;
soap — Castile, perfumed, Windsor, and all other kinds; sugar
of all kinds ; sirup of sugar ; tobacco unmanufactured ; twines
and pack thread, of whatever material composed ; umbrellas ;
vellum ; vinegar ; wafers ; water colors ; wood unmanufactured,-
not otherwise provided fer ; and fire-wood ; wool, unmanufac-
tured.
Schedule "D. — (Twenty-five per centum ad volorem,)
Borax or tinctal ; Burgundy pitch ; buttons and button moulds, l«»»-
of all kinds ; baizes, bookings, flannels, and floor-cloths, of what-
ever material composed, not -otherwise provided for; cables and
cordage, tarred or u n tarred ; calomel, and all other mercurial
preparations ; camphor, crude ; cotton laces, cotton insertings,
cotton trimming laces, cotton laces and braids ; floss silks, feath-
er beds, feathers for beds, and downs of all kinds; grass cloth ;
hair cloth, hair s^^ating, and-all other manufactures of hair not
otherwise provided for ; jute, sisal grass, coir, and other vege-
table substances .unmanufactured, not otherwise provided for;
manufacture composed wholly of cotton, not otherwise provided
for; manufactures of goat's hair or mohair, or of which goat's
hair or mohair shall be a component material, not otherwise pro-
vided for ; manufactures of silk, or of which silk shall be a com-
ponent material, not otherwise provided for ; manufactures of
worsted, or of which worsted shall be a component material, not
otherwise provided for ; matting, China and other floor matting ^
and mats made of flags, jute,or grasff ; roofing slates and slates
other than roofing slates ; woollen and worsted yarn.
Schedule C. — (Twenty per centum ad valorem.)
Acids, acetic, acetous, benzoic, boracic, chromic, citric, mu- ffM^dut* b»
62
Digitized by CjOOQLC
3X18 18*6 Chap, 74
pereeot, ad ▼a-natic, white aod yellow, nitric pyroligneoas, and taifaric, and
*"^ all other acida, of every description, used for chemical or me-
dicinal purposes, or for manufacturing, or in the fine arts, rnA
otherwise provided for ; aloes ; alum ; amber ; ambergris ; an-
gora, Thibet, and other goat's hair or mohair unmanufactured ;
anniseed; animal carbon; antimony, crude and regulus of;
arrow-root ; articles, not in a crude state, used in dyeing or tan-
ning, not otherwise provided Tor ; assafcBtida ; bacon ; bananas }
barley; beef ; beeswax ; berries, vegetables, flowers and barks,
not otherwise provided for ; bismuth ; bitter apples ; blankets
of all kinds ; blank books, bound or unbound ; blue ^r Roman
vitriol, or sulphate of copper ; boards, planks, staves, laths,
scantling, spars, hewn and sawed timber, and thnber to be used
in building wharves ; boucho leaves ; breccia ; hroiize liquor ;
bronze powder ; butter ; cadmium ; calamine ; cantbarides; caps^
gloves, leggings, mitts, socks, stockings, wove shirts and draw-
ers, made on frames, composed wholly of cotton, worn by men.,
women, and children ; cassia buds ; castor oil ; castorum ; cedar
Wood, ebony, granadilta, mahogany, rosewood, and «atin wood,
unmanufactured: chocolate; chromate of lead; chromate, bi-
chromate, hydriodate, and prussiate of potash ; cobalt ; cocoa
nuts ; coculus indicus ; copperas or green vitriol, or sulphate of
iron ;copper rods, bolts, nails, and spikes '; copper bottoms ; copper
11^ sheets or plates, called brazier's copper, and other sheets of
copper not otherwise provided for ; cream of tartar ; cubebs ;
dried pulp ; emery ; ether ; extract of indigo ; extracts and decoc-
tions of logwood and other dye woods, not otherwise provided
for; extract of madder ; felspar; fig blue ; fish, foreign, wheth-
er fresh, smoked, salted dried, or picikled, not otherwise provided
for ; fish glue or isinglass ; fish skins ; flaxseed ; flour of sulphur ;
Frankfort black ; French chalk ; fruit, green or ripe, not otherwise
provided for ; fulminates or fulminating powders ; furs dressed
on the skin ; gamboge ; glue ; green turtle ; gunny cloth ; gun-
powder ; hair, curled, moss, sea weed, and all other vegetable
substances used for beds or matresses ; bams ; hats of wool ; hat
bodies, made of wool, or of which wool shall be a component
material of chief value ; hatter's plush, composed of silk and
cotton, but of which cotton is the componeni materjal of chief
value ; hemp seed or linseed, and rapeseed oil, and all other oils
used in painting ; Indian corn and corn meal ; ipecacuanha ; -
iridium ; iris or orris root ; iron liquor ; ivory or bone black ;
{*alap ; juniper berries ; lac spirits ;Iac sulphur ; lampblack ; lard ;
eather, tanned, bend or sole ; leather, upper of all kinds ; lead,
in pigs, bars, or sheets; leaden pipes; leaden shot; leeches;
linens of all kinds; liquorFce paste, juice, or root; litharge;
malt; manganese; manna; manufactures of flax, not otherwise
provided for ; manufactures of hemp, not otherwise provided for;
marble in the rough, slab, or block, unmanufactured ; marine
coral, unmanufactured ; medicinal drugs, roots, and leaves, in
a crude state, not otherwise provided for ; metals, Dutch and
Digitized by CjOOQIC
1846 Chap. 74. 3114
bronte, in leaf ; metals, unoianufactured, not otherwise provided
for ; mineral and bituminous substances, in a crude state, not
otherwise provided for ; musical instruments of all kinds, and
strings for musical instruments of whip gut or catgut, and all
other strings of the same material ; needles of all kinds for
sewing, darning, or knitting ; nitrate of lead ; oats and oat'*
meal ; oils — neatsfoot and other animal oil, spermaceti, whale
and other fish oil, the produce of foreign fisheries ; opium ; oran«
ges, lemons, and limes ; orange and lemon peel ; osier or willow^
prepared for basked maker^4t use ; patent mordan ; paints, dry or
ground in oil, not otherwise provided for ; paper hangings, and
paper for screens or fireboards ; paving stonea ; paving and roofing
tiles and bricks ; fiearl or hulled barley ; periodicals and other '
works in the coursQ of printing and republication in the United
States ; pineapples ; pitch ; plantains ; plaster of Paris, when
ground ; plumbago ; pork ; potassium ; prussian blue ; pumpkins ;
putty;quick8ilver ; quills ; red chalk ; rhubarb ; rice, or paddy; roll
brimstone ; Roman cement ; rye and rye flour ; saddlery, com-
mon, tinned, or japanned ; saflV on and saffron cake ; sago ; sal soda,
and ail carbonates of soda, by whatever names designated) not
otherwise provided for ; salts — epsom, glauber, Rochelie, and all
other salts and preparations of salts, not otherwise provided for ;
sarsaparilla ; seppia ; shaddocks ; sheathing paper ; skins, tanned
and dressed, of dl kinds ; skins of all kinds, not otherwise pro- v
vided for ; slate pencils^ smalts ; spermaceti candles and tapers ;
spirits of turpentine ; sponges ; spunk : squills; starch ; stearine
candles and tapers ; steel, not otherwise provided for; stereotype
plates ; still bottoms ; sulphate of barytes, crude or refined ; sul-
phate of quinine ; tallow candles ; tapioca ; tar ; thread laces an<jl
inscriings ; type metal ; ty[>es, new or old ; vanilla beans ; ver-
digris; velvet, in the piece, composed wholly of cotton; vel-
vet, in the piece, composed of cotton and silk, but of which cotton
is the component material of chief value; vermillion ; wax can-
dles and tapers; whalebone the produce of foreign fisheries;
wheat and wheat flour ; white and red lead ; whiting, or Paris i
white; whije vitriol, or sulphate of zinc; window glass, broad,
crown, or cylinder ; woollen listings ; yams.
Schedule F. — (Fiftuu per centum ad valorem.) Bch^iui. f is
Arsenic; bark, Peruvian; bark, duilla ; Brazil paste ; Brim** |^||^^ ^^^
stone crude in bulk; cedilla, or tow of hemp or flax ; cork tree
bark, un manufactured ; diamonds, glazier's set or not set ; drag-
on's blood ; flax, unmanufactured ; gold and silver leaf ; miner-
al kermes ; silk, raw, not more advanced in nranufacture than
siagles, titun and thrown, or organzine ; steel in bars^ cast, shear,
^r German ; Terne tin plates ; tin foil ; tin in plates or sheets ;
•lia plates galvanized, not otherwise provided for ; zinc, speluri
or tueteoegue, in sheets.
Schedule G.— *f Tisn per centum ad valorem.)
Ammonia ; aooatto, raQcan4>r Orleans ; Jbarilla ; bleaching pow- ^^•'•^^
4ers or obtoride of iiene 9 books priiMd, magaaines« iiaaiipblet^^r*"-
Digitized by CjOOQ IC ^^^
31S» 1846 Chap. 74.
periodicals, and illustrated newspapers, bound or unbound, not
otherwise provided for ; building stones ; burr stones, wrought
or un wrought ; cameos and mosaics, and imitations thereof, not
set ; chronometers, box, or ship's, and parts thereof; cochineal;
cocoa ; cocoa shells ; compositions of glass or paste, not set ; cud-
bear ; diamonds, gems, pearls, rubies, and other precious stones,
and imitations thereof, when not set ; engravings or plates^ bound
or unbound ; hempseed, linseed, and rapeseed ; fuller's earth;
furs, hatters', dressed or undressed, not on the skin ; furs, un-
dressed, when on the skin ; goldbeaters' skins ; gum arable and
gum Senegal ; gum tragacanth ; gum barbary ; gum East India ;
gum jedda ; gum substitute, or burnt starch ; hair of all kinds,
uncleaned and unmanufactured ; India rubber, in bottles, slabs,
*or sheets, unmanufactured ; indigo ; kelp ; lemon and lime juice;
• lime ; maps and charts ; music and music paper^ with lines,
bound or unbound ; natron ; nux vomica ; oils, palm aad co-
coanut ; orpiment; palm leaf, unmanufactured; polishing
stones ; pumice and pumice stones ; ratans and reeds, unnianU'*
factured ; rotten stone ; sal ammonia ; saltpetre, (or nitrate of
soda, or potash, refined or partially refined ; soda ash ; suiphorie
acid, or oil of vitriol ; tallow, marrow, and all other grease and
soap stocks and* soap stuffs, not otherwise provided for ; terra
japonica or catechu ; watches, andparts of watches; watch nmle-
rials of all kinds, not othermse provided for ; wood or pastel.
Schedule H. — (Five per centum ad valorem.)
Sehadoie H 5 Alcomoquc ; argol, or crude tartar; bells when old, or bell
p«»^oeDua ^***'j^g|^|^ gj Q„ly iQ be reman u fact u red ; berries, nuts, and vegeta-
bles used exclusively in dyeing, or in composing dyes, but no ar-
ticle sliall be classed us such that has undergone any manufac-
ture ; brass in pigs or bars ; brass, when old and fit only to be
^ rcmanufactured ; Brazil wood, and all other dye-wood in sticks ;
bristles; chalk, not otherwise provided for; clay un wrought ;
' copper in pigs or bars ; copper, when old, and fit only to be re-
manufactured ; flints; grindstones, wrought or unwrought;
horns, horn-tips, bones, bone-tips, and teeth unmanufactured ;
ivory, unmanufactured ; ivory nuts, or vegetable ivory ; kermes;
lac dye ; lastings suitable for shoes, boots, bootees, or buttons,
exclusively ; madder, ground ; madder root ; manufactures of
mohair cloth, silk twist, or other manufacture of cloth suitable
for the manufacture of shoes, boots, bootees, or buttons, exclu-
sively ; nickel ; nut-galls ; pearl, mother of ; pewter, when oM,
and fit only to be rcmanufactured ; rags, of whatever materi-
al ; raw hides and skins of all kinds, whether dried, salted, or
pickled, not otherwise provided for ; safflower ; saltpetre, or ni-
trate of soda, or potash, when crude ; seedlac ; shellac ; sumac ;
tin, in pigs, bars, or blocks ; tortoise, and other shells unmanu-
factured ; turmeric ; waste, or shoddy ; weld ; zinc, spelter, or
teuetnegue, unmanufactured, not otherwise provided for.
ScHSDULE I. — (Exempt from duty.)
emptfirom duly. A Qimals imported for breed; bullion; gold and silver; cabi-
Digitized by Google
1846 Chap. 74—75. 3121
nets of coins, medals, and other cdlections of antiquities ; coffee
and tea, when imported direct from the place of their growth or
production, in American vessels, or in foreign vessels entitled by
reciprocal treaties to be exempt from discriminating duties, ton-
nage, and other charges ; coffee, the growth or production of the
possessions of the Netherlands, imported from the Netherlands
in the same manner ; coins, gold, silver, and copper ; copper ore ;
copper when imported for the United States mint ; cotton ; felt,
adhe«sive, for sheathing vessels ; garden seeds, and all other seeds,
not otherwise provided for ; goods, wares, and merchandise, the
growth, produce, or manufacture of the United States, exported
to a foreign country, and brought back to the United States in
the same condition as when exported, upon which no drawback
or bounty has been allowed : Provided, That all regulations to
ascertain the identity thereof pre8cril>ed by existing laws,
or which may be prescribed by the Secretary of the Trea-
sury, shall be complied with ; guano ; household effects, Old
and in vse, of persons or families from foreign countries, if used
abroad by them, and not intended for any other person or per-
sons, or for sale ; junk, old ; models of inventions and other im-
provements in the arts : Provided, That no article or articles
shall be deemed a model or improvehnent which can be fitted for
use ; Oakum ; oil, spermaceti, whale, and other fish, of Amer-
ican fisheries, and all other articles the produce of such fisheries ;
paintings and statuairy, the production of American artists residing
abroad, and all other paintings and statuary : Provided^ The
same be imported in good faith as objects of taste, and not of
merchaj^dise ; personal and household effects (not merchandise)
of citicens of the United States dying abroad ; plaster of Paris,
unground ; platina, unmanufactured ; sheathing copper, but no
copper to be considered such, and admitted free, except in sheets
of f6rty-eight inches long and fourteen inches wide, and weigh-
ing from fourteen to thirty-four ounces the square foot; sheath-
ing metal ; specimens of natural history, mineralogy, or botany ;
trees, shrubs, bulbs, plants, and roots, not otherwise provided for ;
wearing apparel in actual use, and other personal effects not mer-
chandise, professional books, implements, instruments, and tools
of trade, occupation, or employment, of persons arriving in The
United States : Provided, That this exemption shall not be con-
strued to include machinery or other articles imported for use ia^
any manufacturing establishment, or for sale.
Approved, July BOth, 1846.
CHAP. 75. An act to exempt coffee imported from the Netherlands from
duty jn certain cases, and for other purposes.
^ 1. Beit enacted, fyc, That, from and after the passage of ftSS!?&%S^
this act, coffee, the production or growth of the colonies or de- JjJjJ^^^;^;
pendencies of the Netherlands, imported into the United Slates ••^ **•'«««/•
from the Netherlands, either in Dutch or American vessels, shall
be admitted free of duty ; and so much of the act approved the
thirtieth day of August, eighteen hundred and forty-two, entitled
Digitized by CjOOQIC
31;J2 1846 Chap. 75^77.
' mSL^r wt, 5" An act to provide reveoue from imports, and to change and
^"''meon^e!!t'^^^^y ^^'*^'°8^ '^^^ impostng duties on imports, and for other
herewith. parposes/' as is inconsistent herewith, be, and the same is here*
Act of 184«> c I • «
9S6aDt6p.2&i9. ojr, repealed.
Duciei coiieetsd <^ g. jfnd bt U fuTtk^ enocted, That the Secretary of the
o^co^^iTAiner' Treasury be, and he hereby is, authorized and required to refund
ih^^NeuTeriaui^and pay, out of any money in the treasury not otherwise appro<i»
^842'^£id "sepi! priated, to the several persons or parties entitled to the same, the
fuiidM/ ^^'^'ftOAount of duties levied and collected upon the importations of
coffee in American vessels from the Netherlands, the production
or growth of the colonies or dependencies of the Netherlands,
between the thirtieth day of August, eighteen hundred and forty*
two, and the eleventh day of September, eighteen hundred a«d
forty-five.
ton^'i:^'S^°4 ^ 3. And be it further enacted, That the SecreUry of the
s^nteh^ yeMiiTreasury be, andhehereby is, authorized and required to refund
to bTJiftlndSf" *"^ P*y » *^^ of any money in the treasury not otherwise appropri-
ated, to the persons or parties severally entitled to receive the
same, the amount of discriminating tonnage duties heretofore
levied and collected on Spanish vessels coming from foreign
- countries (except from Cuba and Porto Rico) under the act ap«
proved the thirteenth day of July, eighteen hundred and thirty*
gof*'*^^^*^ J; two, entitled "An act concerning tonnage duties on Spanish
^Nodiicrimtiiat-^®*'®'' ^" ^^^ ^^^^ ^^^ ^^^^^ ^^^ psssage of this act, no discrim**
ing to^al^'du'inating tonnage duties shall be levied on Spanish vessels coming;
or^^th^'^from foreign countries, except those coming from Cuba or Porto
SJSiSiJfm^Sf. Rico. Approved, Augiut 3d, 1846.
ba orPorto Rico. _
CHAP. 76. An act in relation to the time of holding the circuif and dii*
trict courts of the United States for the district of Ohio.
TenmofeirBait ^ 1. Be it enacted^ ^c, That the terms of the circuit and
Murts ibr^'^ohto district courts of the United States for the district of Ohio, ^ere-
MiSiu7**'of°NS tofore held on the third Monday pf December, annually, shall
^proiiUS""*"^* hereafter be held on the second Monday of November, annually :
Provided, That ail actions, strits, appeals, recognisances, pro-
cesses, writs, and proceedings whatever, pending in said courts,
or returnable to the term, as it nowexists, shaH have day therein,
and be tried, proceeded with, and disposed of at the term as
fixed by this act. Approved^ August Sd, 1846.
CHAP. 77. An act to grant the right of pre^eraptioa to actual aetHeni o«
the land acquired by treaty from the Miami Indiana in Indiana.
Fre^piton ^ I. Be it tnocted^ ^c. That every actual setder, bekig tiie
Sl^i ^Mioiu. head of a family, or widow or single man over the age of twenty-
CTmuttod'^oone years, who is now in possession^ by actual residence as a
housekeeper, of any tract of public land within the limits of tho
several cessions by the Miami Indians in Indiana^ which have not
yet been proclaimed for sale by the President^ or any such persoo
who shall hereafter settle, erect a dwelling-house, and become n
housekeeper upon any ,such tract of land, shall ibe entitled tp th^
Digitized by CjOOQIC
1846 Chap. 77—78. 3183
same benefits and privileges, with respect to said land, as was
granted to settlers on other land by the act approved twenty-se-
cond of June, eighteen hundred and thirty-eight, entitled <* An Act of i6%e.
act to grant pre-emption rights,'' and the several amendatory pro- **^^^
visions of said act, efTected by the sut>sequent acts beariog date 12^^^^^^! ,
firat June, eighteen hundred and forty, and third March, eighteen 3o^^„f^2^^;
hundred and forty-three : Provided, That the minimum price P(«*^-
per acre of said land shall be two dollars per acre.
<^ 2. And beitfurih^ enacted, That in every case the af- 2ifS^p5iSib!
Bdavit of the claimant under this act shall be like unto that pre-^^^fg*^^o^^°^
scribed by the act of twenty-seccHid June, eighteen hundred and ^^^^^^^gi
thirty-eight, and the same shall i>a filed, and pcpof and payment '^ '^
made for the land claimed, at any. time before the day fixed by
the President's proclamation for the public sale of the said land :
Prwided, That where a tract of land is now settled upon, a set- ^^^
tlement made on such tract subsequent to the date of this law
shall confer no right on the last mentioned settler; and where
settlements shall hereafter be made, the right shall be in the first
settler, who shall otherwise comply with the conditions of this law.
Approved, August 3d, 1846.
CHAP. 78. An Act^roviding for the adjustment of all etispended pre-emp-
tion land claims in the several States and Territories.
^ I. Be it enacted, fyc. That the Commissioner of the ^«ne-^^COTnmi«ricmjr
ral Land Office be, and he is hereby, authorized and empower- office 'to deter.
ed to determine, upon principles of equity aiid justice, as recog-^'^nM^T under
nized in courts of equity, and in accordance with general equi-^^^^g^
table rules and regulations, to be settled by the Secretary of the J^^^jj,™^
Treasury, the Attorney General, and Commissioner, conjointly, ^^^'
consistently with such principles, all cases of suspended entries
now existing in said land office, and to judge in what cases pa-
tents fhall issue upon the same : Provided, however, That such vrmimK
adjudications shall be made n^^in two years from the passage of
this act, and be first approved by the Secretary of the Treasury
and the Attorney Greneral, and shall only operate to divest the
United States of the title of the land embraced by such entries,
without prejudice to the rights Vif conflicting claimants.
^ 2. And be U further enacted. That the power and jurisdic-^Pjjj^*ndj|o^
tion given by this act, to the Commissioner of the General Land at end of two
Office shall cease and determine, at the expiration of two years ^^^^^
from the passage thereof; and such Commissioner be,jBnd he is commMoaen
hereby, directed to report to Congress at the first sessioT) after the Sldj^^uo^ u>
said adjudications shall have been made, a list of the same, and ^°<^''-
under such classes as he may deem necessary, and of the princi-
ples upon which such class was determined.
^ 3. And be it Jurther enacted, That the said Commis- neeisiooito be
sioner shall arrange his decisions into two clasesl the first class SuuST' ^^^^
to embrace all such cases of equity as may be finally confirmed
by the board aforesaid, and the second ckss to embrace all such
cases as the board reject and decide to be invalid.
Digitized by CjOOQIC
•land.
3124 1846 Chap. 78—82.
foJtaSJ ta'ThI ^ ** ^^ '^ *^ further enacted ^ That for all lands covered by
iirit ciaM^and entries or sales which are placed in the first class, patent shall is-
cum torvrert togae to the claimants ; and all lands embraced by entries or sales
^*^* ^ placed in the second class shall ipso facto revert (o, and become
part of, the public domain,
lo ^dIr"*T!to ^ ^' ^^^ ** U further enacted^ That it shall and may be law-
market lands offul for the Commissioner of the General Land OHice to order
into market, after due notice, without the formality and expense
of a proclamation of the President, all lands of the second class^
though heretofore unproclaimed and unofTered, and such other
isolated or disconnected tracts or parcels of unofTered lands,
which, in his judgment, it would be proper to expose to sale in
like manner : Provided^ That public notice of at least thirty
days shall be given by the land oflicers of the district in which
such lands may be situated, pursuant to the directions of the
Commissioner aforesaid. Approved, August 3(/, 1846.
CHAP. 82. An act to define the boundaries of the State of Iowa, and to
repeal so much of the act of the third of March, one thousand eight
hundred and forty-five, as relates to the boundaries of Iowa.
•- ^ I. Be it emfdedy fyc. That the following, shall be, and
they are hereby declared to be, the boundaries of the State of
Iowa, in lieu of those prescribed by the second section of the act
•sfSlSfpfal^of ^he third of March, eighteen hundred and forty-five, entitled
'' An act for the admission of the States of Iowa and Florida
into the Union," viz : Beginning in the middle of the main chan-
nel of the Mississippi river, at a point due east of the middle of
the mouth of the main channel of the Des Moines river ; thence,
up the middle of the main channel of the said Des Moines river,
to a point on said river where the northern boundary line of the
State of Missouri, as established by the constitution of that
State, adopted June twelfth, eighteen hundred and twenty, cross-
es the said middle of tbe main chpinel of the said Des Moines
river ; thence, westwardly, along the said northern boundary
line of the State of Missouri, as established at the time aforesaid,,
until an extension of said line intersect the middle of the main
channel of the Missouri river ; thence, up the middle of the
main channel of the Missouri river, to a point opposite the mid-
dle of the main channel pf theBig Sioux river, according to Nicol-*
let's map ; thence, up the main channel of the said* Big Sioux
river, according to said map, until it is intersected by the paral-
lel of forty-three degrees and thirty minutes north latitude;
thence east, along said parallel of forty-three degrees and thirty
minutes, until said parallel intersect the middle of the main
channel of the Mississippi river ; thence, down the middle of
the main channel of said Mississippi river, to the place of begin-
ning.
t£SlS^ iJ?. '^ ^' ^^ *^ ^ further enacted, That the question which has
iS^to^^wftri'*®'^®^^'^'^ been the subject-matter of controversy and dispute be-
& y^ttg^so-tween the State of Missouri and the Territory of Iowa, respect-
Digitized by LjOOQIC
1846 Chap. 82—84. 3126
ing the precise location of the northern boundary line of the
State of Missouri, shall be, and the same is hereby, referred to
the Supreme Court of the United States for adjudication and
settlement, in accordance with the act of the Legislature of Mis-
souri, approved March twenty-five, eighteen hundred and forty-
five, and the memorial of the Council and House of Represen-
tatives of the Territory of Iowa, approved January seventeen,
eighteen hundred and forty-six, by which both parties have
agreed to <^ the commencement and speedy determination of such
*8uit as may be necessary to procure a final decision by the Supreme
Court of the United States upon the true location of the north-
ern boundary of that State j" and the said Supreme Courtis sapraiMOiraTt
hereby invested with all the power and authority necessary to puw^^and 'a!?,
the performance of the duty imposed by this section. thontjn^emB^rj,
^ 3. And be it further enacted^ That, until the next census j^*^** ^Jj;jJ5J*JjJ
and apportionment shall be made, the State of Iowa shall be en-^^***
titled to two Representatives in the House of Representatives of
the United States.
<^ 4. And be it further enacted, That so much of the act of R«peai or to
the third of March, eighteen hundred and forty-five, entitled ofStrfh/al'iM?,
" An act for the admissicwi of the States of Iowa and Florida in- JJ^Jj^f *""'•"*
to the Union," relating to the said State of Iowa, as is inconsis-
tent with the provisions of this act, be and the same is hereby Aetor]S4^e.
repealed. Approved, August 4th, 1846. «, anu p. ater.
CHAP. 84. An act to establish a warehousing system, and to amend an
act entitled *' An act to provide revenue from imports, and to change
and modify existing laws imposing duties on imports, and for other pur-
poses."
^ \. Be it enacted, ^c, That the twelfth section of the act ^^f^^«~ J» ^
entitled " An act to provide revenue from imports, and to change *®J'*5*ia«L'c!
and modify existing laws imposing duties on imports, and for 985.^ut« p?wu!
other purposes," approved the thirtieth day of August, one thou-
sand eight hundred and foily-two, is hereby amended so as here-
after to read as follows : — [Sec. 12.\ And be it further enacted, dqum to u
That, on and after the day this act goes into operation, the duties p»^«i *"«•■*»•
on all imported goods, wares, or merchandise shall be paid in
cosh : Provided, That in all cases of failure or neglect to pay
the duties within the period allowed by law to the importer to ^*^\
make entry thereof, or whenever the owner, importer or con-
signee shall make entry for warehousing the same, in writing, in
such form and supported by such proof ns shall be prescribed by
the Secretary of the Treasury, the said goods, wares, or mer-
chandise shall be taken possession of by the collector, and de-
posited in the public stores, or in other stores, to be agreed on
by the collector or chief revenue officer of the port and the im-
porter, owner, or consignee, the said stores to be secured in the
manner provided for by the first section of the act of the twen- i^^rtlL^if' J.
tieth day of April, one thousand eight hundred and eighteen, ^^^ ^
entitled '' An act providing for the deposit of wines and distill-
63
Digitized by CjOOQIC
3126 1848 Chap. 84
ed spirits in public warehouses, and for other purposes/' there (o
be kept with due and reasonable care, at the charge and risk of
the owner, importer, consignee, or agent, and subject at all times
to their order, upon payment of the proper duties and expenses,
to be ascertained on due entry thereof for warehousing, and to
be secured by a bond of the owner, importer, or consignee, with
surety or sureties, to the satisfaction of the collector, in double
the amount of the said duties, and in'isuch form as the Secreta-
rrariM>« ry pf the Treasury shall prescribe : Provided^ That no merchan- ^
dise shall be withdrawn from any warehouse in which it may be
deposited, in a less <]uantit^ than in an entire package, bale,ca8k,
or box, unless in bulk ; nor shall merchandise so imported in
bulk be delivered, except in the whole quantity of each parcel,
or in a quantity not less than one ton weight, unless by special
Collector to per. ^'^^''^'^y ^^ ^^^ Secretary of the Treasury. And in case the own-
•hiMJTtor^^wt^''' ^^P^^^^^y consignee, or agent of any goods on which the
Mportitioa in dutics havc not been paid, shall^give to the collector satisfectory
*"***" ****** security that the said goods shall be landed out of the jurisdic-
tion of the United States, in the manner now required by exist-
ing laws relating to exportations for the benefit of drawback, the
collector and naval officer, if afiy, on ah entry to re-export the
same, shall, upon payment of the appropriate expenses, permit
the said goods, under the inspection of the proper officers, to be
ooodt iwMiB- snipped without the payment of any duties thereon. And in
SSd'Sie j^/^case any goods, wares, or merchandise, deposited as aferesaid,
b^apprtiaed and g]^^]\ remain in public store beyond one year, without payment
of the duties and charges thereon, then said goods, wares, or
merchandise shall be appraised by the appraisers of the. United
States, if there be any at such port, and i( none, then by two
merchants to be designated and sworn by the collector for that
purpose, and sold by the collector at public auction, on due pub-
lic notice thereof being first given, in the manner and for the
time to be prescribed by a general regulation of the Treasury
Tnuatf De- Department ; and at said public sale/ distinct printed catalogues
SwibT*^ regok- descriptive of said goods, with the appraised value affixed there-
*!mS?*m£' ^^ to, shall be distributed among the persons present at said sale ;
and a reasonable opportunity shall be given before such sale, to
persons desirous of purchasing, to inspect the quality of such
Aj~T?chl!^ ^^^' ' ^^^ ^^^ proceeds of said sales, after deducting the usual
«, "to^^ pftfd rate of storage at the port in question, with all other charges and
o^Mo ^<»^°- expenses, including duties, shall be paid over to the owner, im-
porter, consignee, or agent, and proper receipts taken for the
^^.^ same : Provided, That the overplus, if any there be, of the pro-
ceeds of such sales, after the payment of storage, charges, ex-
penses, and duties as aforesaid, remaining unclaimed for the
space of ten days after such sales, shall be paid by the collector
into the Treasury of the United States ; and Ihe said collector
shall transmit to the Treasury Department, wiih the said over<^
plus, a copy of the inventory, appraisement, and account of sales,
specifying the marks, numbers, and descriptions of the packages
Digitized by CjOOQIC
1846 Chap. 84. 312^
•old, their contents, &nd appraised value, 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, and
the duties and charges to which the several consignments were
respectively subject; and the receipt or certificate of the collec-
tor shall exonerate the master or person having charge or com*-
mand of any ship or vessel, in which said goods, wares, or mer-
chandise were imported, from all claim of the owner or owners '
thereof, who shall, nevertheless, on due proof of their interest^
be entitled to receive from the Treasury the amount of any over-
plus paid into the same under the provisions of this act : Provi- Rapeaior mo-
derf, That so much of the fifty-sixth section of the general col- JfeSio^bV^w^S:
lection law of the second of March, seventeen hundred and nine- m!%oUhpJl^3.
ty-nine, and the thirteenth section of the act of the thirtieth ofg^^^'^^^^'^jj'
August, eighteen hundred and forty-two, to provide revenue from
imports, and to change and modify existing laws imposing duties
oB imports, and for other purposes, as conflicts with the provis-
ions of this act, shall be, and is hereby, repealed, excepting that
nothing contained in this act shall be construed to extend the
time now prescribed by law for selling unclaimed goods : Provi- ProvUo.
ded, alsOy That all goods of a perishable nature, and all gunpow^
der^ fire-crackers, and explosive substances, deposited as afore-
said, shall be sold forthwith.
^ 2. And be it further enacted^ That any goods, when de- whwiwIT^'ald
!>osited in the public stores in the manner provided for in the tn""P(*rtt<i ^ an.
bregoing section, may be withdrawn therefrom and transported und/r^uin nZ
to any other port of entry under the restrictions provided for in ^*5Ji^^ jt^q^ ,^
the act of the second of March, seventeen hundred and ninety-^ ^' >»*?•
nine, in respect to the transportation of goods, wares^ and mer-
chandise from one collection district to another, to be exported
with the benefit of drawback; and the owner of suoh goods so ^^JJJ^ ■^*'*
to be withdrawn for transportation shall give his bond, with sufli-
cient sureties, in double the amount of the duties chargeable on
them, for the deposite of such goods in store in the port of entry
to which they shall be destined, such bond to be cancelled when
the goods shall be rcdeposited in store in the collection district to
which' they shall be transported : Provided, That nothing con- PrbriM.
tained in this section shall be construed to extend the time during
which goods may be kept in store, after their original importatioo
and entry, beyond the term of one year.
^ 3. And be it further enacted, That if any warehoused goods 1.55^'coSSIiS
shall be fraudulently concealed in or removed from any public J^g^SJ*' ^ ^
or private warehouse the same shall be forfeited to the United
States ; and all persons convicted of fraudulently concealing or
removing such goods, or of aiding or a^betting such concealment
or removal, shall be liable to the same penalties which are now Ptaaity.
imposed for the fraudulent introduction of goods into the United
States ; and if any importer or proprietor of any warehoused goods, f^J^j^^r^ **
or any person in his employ, shall by any contrivance fraudulent- oVeiiiIIf"*w«r«-
ly open the warehouse, or shall gain access to the goods excepi^'^Sl^'^m
Digitized by LjOOQIC
3128 1846 Chap. 81—85.
ottMT of um QUI. jn jhe presence of llie proper officer of the customs, acting in the
execution of his duty, such importer or proprietor shall forfeit and
Penalty for ai- pay for cvery such ofTence one thousand dollars. And any per-
lDf,"lV^deftcrog sot) convicted of altering, defacing, or obliterating any mark or
marks. marks which have been placed by any officer of the revenue on
any package or packages of warehoused goods shall forfeit and
pay for every such offence five hundred dollars,
^conatort ui ^ 4. jind be it further enacted. That the collectors of the
wjorta. '*""**' ^several ports of the United States shall make quarterly reports to
the Secretary of the Treasury, according to such general instruc-
tions as the said Secretary may give, of all goods which remain in
the warehouses of their respective ports, specifying the quantity
and description of the same; which returns, or tables formed
thereon, the Secretary of the Treasui^ shall forthwith cause to be
published in the principal papers of the city of Washington.
Baerafarfoftha "^ 5. And be it further enactedy That the Secretary of the
S?** wgiuuJnt Treasury be and he is hereby authorized to make, from time to
JbiTUSKt toihi'^''"®» ^^^^ regulations, not inconsistent with the laws of the Unit-
Mt. ed States, as may be necessary to give full effect to the provisions
of this act, and secure a just accountability under the same. And
it shall be the duty of the Secretary to report such regulations to
each succeeding session of Congress. '
Approved, August 6th/l846.
CHAP. 85. An act to repeal an act entitled " An act for the relief of the
Stockbridge tribe of Indians in the Territory of Wisconain," approved
March third, eighteen hundred and forty-three, and for other purposes.
ofMlir*3 imT' ^ *' ^* *' enacted, fyc, That the act entitled " An act for the
AcVof |!843. c. relief of the Stockbridge tribe of Indians in the Territory of Wis-
414, aota p. aw3; cousin," approved March third, eighteen hundred and forty-
three, be and the same is hereby repealed ; and the said Stock-
eJ^^^fofm^^f bridge tribe or nation of Indians is restored to their ancient
goTaroment. f^^^ of govcmment, with all powers, rights, and privileges, held
and exercised by them under their customs and usages, as fully
and completely as though the above recited act had never passed.
SoiKagant at ^ 2. And be it further enacted. That the sub-agent of
Sw°th]f*namli Indian affairs at Green Bay, under the direction of the Gover-
tLin^l^i^ nor of Wisconsin, who shall be a commissioner for this purpose,
«itii0Diof(j.8,g(|Qi] be required to open a book for the enrolment of the
names of such persons of the Stockbridge tribe of Indians as
shall desire to become and remain citizens cf the United States,
immediately upon the passage of this law ; and three months shall
be allowed after the opening of said books for the enrolment,
within which time it shall be the duty of all desiring citizenship
to come forward in person and file their application. After the
diJiSi'tb?iand®*P*"'^*^" ^^ ^^^ ^^^^^ months, the said sub-agent shall divide
iMki^b7Stockb?^-the said township of land now held by the Stockbridges on the
tSta?^ ^'^''"' Winnebago lake into two districts, to be known and designated
a»the Indian district and the citizen district, according to the
strength and numbers of their respective parties, and the kws
Digitized by LjOOQIC
1846 Chap. 83^89. 3129
and usages in said tribe. The lands in the Indian district are to^^r'' ftTlUSr
"t lilt* I •••• «.. *'• *• ■*• »••"••
remain and to be held in common ; (hose in the citizen district
are to be divided ; and to each Indian who becomes a citizen
the said sub-agent shall assign, by distinct metes and bounds, his
ratable proportion of land. And, after the division and allotment
are completed, it shall be the duty of the said sub-agent to tn»k© nJ|j[*^«^*^ ••
out three copies of the divisions thus made, one of which he shall <»pi« or ib* TT
file with the clerk of the district court of the county in which the^ »«w»ad«.
citizen district of land may be situated ; one other copy he shall
file in the land office at Green Bay, in Wisconsin Territory; and
the other shall be returned to the Secretary of War. And, upon
the receipt of the said return by the Secretary of War. patents
■ . 1 I • I* • 1 I It. *.* Pttente to l«a«
may be issued to the individual reservees who become citizens, to tboM nSn-
upon the receipt of which a title in fee simple to the lot of land SSmSJ!'*'*****^
shall vest in the patentee ; and all transfers and asstgnmenta of
the land made previous to the issuance of the patent shall be
null and void : Provided however. That those Indians who
become citizens shall forfeit all right to receive any portion of the preriw.
annuity which may now be or may become due the nation of
Stockbridges, by virtue of any treaty heretofore entered into
by this Government with said Stockbridges.
^ 3. And be it further enadted, That, in consideration of
the moneys paid by said Stockbridge nation of Indians to the
Winnebagoes and Menomonies in the years eighteen hundred
and twenty-one and eighteen hundred and twentv-two, and all sb* «» to bo
other claims, the sum of five thousand dollars be paid to said tribe KSmh^'pSm^^
of Indians by the Secretary of War; and for this purpose thcMta^''**^'
said sum of five thousand dollars be and the same is hereby ''*'"*"**'*■•
appropriated out of any money in the Treasury not otherwise ap- Appnpriatioo.
propriated : Provided, That nothing in this act contained shall
be construed to impair any claim which said nation may have
upon the Delaware nation to a share of the .lands assigned to
them west of the Missouri river.
Approved, August eth^ 1846.
CHAP. 89. An act to enable the people of Wisconsin Territory to form
a censtitution and 8tate Grovernnientt and for the admission of such
State into the Union.
^ 1. Be U enacted, Sfc, That, the people of the Territory mSSoST^.;?
of Wisconsin be and they are hereby authorized to form a Con- J^Jj^j^JISjI^
■titution and State Government, for the purpose of being admit- ^« ooTtK»
ted into the Union on an equal footing with the original States"^''
in all respects whatsoever, by the name of the State of WisooD-
sin, with the following boundaries, to wit : Beginning at the
northeast corner of the State of Illinois — that is to say, at a point
in the centre of Lake Michigan where the line of forty-two
degrees and thirty minutes of north latitude crosses the same :
thence, running with the boundary* line of the State of Michigan,
through Lake Michigan, Green Biaiy, to the mouth of the Meno-
monie river ; thence up the channel of said riTer to the Brule
river ; thence up said last mentioned river to Lake BruM ; thence
Digitized by
Google
3130 1846 CflAF. 89»
along the southern shore of Lake Bmle in a direct line to the
centre of the channel between Middle and South islands, in the
Lake of the Desert ; thence in a direct line to the head-waters
of the Montreal river, as marked upon the survey made by Cap^
tain Cramm ; thence down the main channel of the Montreal
riVer to the middle of Lake Superior ; thence through the centre
of Lake Superior to the mouth of the St. Louis river ; thence up
the main channel of said river to the first rapids in the same,
above the Indian village,, according to Nicollet's map ; thence
due south to the main branch of the river St. Croix ; thence
down the main channel of said river to the Mississippi ; thence
down the centre of the main channel of that river to the north-
west corner of the State of Illinois ; thence due east with the
4ct of 181M. northern boundary of the State of Illinois to the place of begin-
w,voi.4, p. 16 . ^.^^^ ^^ established by " An act to enable the people of the Illinois
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," approved April eighteen, eighteen hun-
dred and eighteen.
iJiSdlTto^Brato * 2. And be U further enaded, That, to prevent all dis-
Md^«<»<»n« putes in reference to the jurisdiction of islands in the said Brule
and Menomonie rivers, the line be so run as to include within
the jurisdiction of Michigan all the islands in the Brule and
Menomonie rivers, (to the extent in which said rivers are adopted
as a boundary,) down to, and inclusive of, the Quinnesec falls of
the Menomonie -, and frrm thence the line shall be so run as to
include within the jurisdiction of Wisconsin all the islands in
the Menomonie river, from the falls aforesaid down to the junc-
pftrfrio. Uqjj ^f gj^jj j-j^gf ^i^jj Green Bay ; Provided^ That the adjust-
ment of boundary, as fixed in this act, between Wisconsin and
Michigan shall not be binding on Congress unless the same shall
be ratified by the State of Michigan on or before the first day of
June, one thousand eight hundred and forty-eight,
jj^baw^wn. ^ 3. And be it further enacted, That the said State of Wis-
So?7n oie M^consin shall have concurrent jurisdiction on the Mississippi, and
•Mppi and other ^ Other rivers and waters bordering on the said State of Wis-
consin, so far as the same shall form a common boundary i% said
State and any other State or States now or hereafter to be form-
ed or bounded by the same ; and said river and waters, and the
KKvh^iewaten navigable waters leading into the same, shall be common high-
high^y*^'"'''^ ^^y^' ^^^ forever free, as well to the inhabitants of said State as
to all other citizens of the United States, without any tax, duty,
impost, or toll therefor.
uws of u. s. ^ 4. And be it further enaded^ That from and after the ad-
gtoode to Mid Q^jggi^^ ^f ^i^Q State of Wisconsin into the Union, in pursuance
of this act, the laws ^ the United States, which are not locally
inapplicable, shall have the same force and eflect within the
State of Wisconsin as elsewhere within the United States ; and
shaQeoMtitatesaid State shall constitute one district, and be called the district
onejudietai "^ of \y igeonsiu ; and a^ district court shall be held therein, to con-
tD^^%id!^^>iB^ of one judge, who shall reside in the said district and be
Digitized by CjOOQIC
1846 Chap. 89. 3131
called a dblrict judge. He shall hold at the seat of government »Sri"VSw!!S
of said State two sessions of said court annually, on the first ^UM-!{fJl!S^^
Mondays in January and July, and he shall in all things have ^
and exercise the same jurisdiction and powers which were bylaw
given to the judge ef the Kentucky district, under an act enti-
tled ''An act to establish the judicial courts of the United States.''
He shall appoint a clerk for said district, who shall reside and keep shmu appoint •
the records of said court at the place of holding the same ; and *^"^*^
shall receive for the services performed by him the same fees to p^^
which the clerk of the Kentucky district is by law entitled for *^
similar services. There shall be allowed to the judge of said comptii«UM
district court the annual compensation of fifteen hundred dollars, °^^^^*^
to commence from the date of his appointment, to be paid quar-
terly at the Treasury of the United States.
^ 5. And beit further enacts, That there shall be appointed .^ftTbJ'ap^fiT-
in said district a person learned in the law to act as attorney o{*^
the United States, who, in addition to the stated fees, shall be
paid the sum of two hundred dollars annually by the United udfo^
States, as a full compensation for all extra services ; the said
payment to be quarterly al the Treasury of the United States.
And there shall also be appointed a marshal for said district, who ^ ^^ ^ ^
■hall perform the same duties, be subject to the same regulations ^^^ °
and penalties, and be entitled to the same fees, as are prescribed jm^ fe«t, *
and allowed to marshals in other districts ;. and shall, moreover, *^«»p«>»'*<«-
be allowed the sum of two hundred dollars annually as a com-
pensation for all extra services.
^6. And be it further enadedj That, until another census
shall be taken and apportionment made, the State of Wisconsin tolw^vJI^^
shall be entitled to two Representatives in the Congress of the ^? ^ ^^
United States.
^ 7. And be it further enacted, That the following pro-
positions are hereby submitted to the convention which shall as- mbnuueStl!!'^
semble for the purpose of forming a constitution for the State of**»^«»**^*»» **•
Wisconsin, for acceptance or rejection ; and if accepted by said
convention, and ratified by an article in said constitution, they
shall be obligatory on the United States :
First. That section numbered sixteen,, in every township of
the public lands in said State, and, where such section has been
sold or otherwise disposed of, other lands equivalent thereto, and
as contiguous as may be, shall be granted to said State for the
use of schools.
Second. That the seventy-two sections or two entire townships
of land set apart and reserved for the use and suppo'rt of a un-
iv.ersity by an act of Congress approved on the twelfth day of
June, eighteen hundred and thirty-eight, entitled '< An act con-
cerning a seminary of learning in the Territory of Wisconsin,"
are hereby granted and conveyed to the State, to be appropriated
solely to the use and support of such university, in such manner
as the Legislature may prescribe.
Third. That ten entire sections of land, to be selected and lo-
cated under the direction of the Legislature, in legal divisions of
Digitized by CjOOQIC
3138 1846 Chap. 89—90.
not less than one quarter section, from any of the unappropriated
lands belonging to the United States within the said State, are
hereby granted to tlie said State, for the purpose of completing
the public buildings of the said State, or for the erection of others
at the seat of government, under the direction of the Legislature
thereof.
Fourth. That all salt springs within said State, not exceeding
twelve in number, with six sections of land adjoining, or as con-
tiguous as may be to each, shall be granted to the State for its
use ; the same to be selected by the Legislature thereof within
one year after the admission of said State ; and, when so selec-
ted, to be used or disposed of on such terms, conditions, and
regulations as the Legislature shall direct : Providedf That no
salt spring or land, the right whereof is now vested in any indi-
vidual or individuals, or which may hereafter be confirmed or ad-
judged to any individual or individuals, shall, by this section, be
granted to said State.
Fifth. That five per cent, of the nett proceeds of sales of all
public lands lying within the said State, which have been or
■hall be sold by Congress, from and after the admission of said
State into the Union, after deducting all the expenses incident
to the same, shall be paid to the said State for the purpsse of
making public roads and canals in the same, as the Legislature
■hall direct : Providedf That the foregoing propositions herein
offered are on the coiTdition that the said convention which shall
form the constitution of said State shall provide by a clause in
' ^ said constitution, or an ordinance, irrevocable without the con-
sent of the United States, that said Slate shall never interfere
with the primary disposal of the soil within the same by the
United States, nor with any regulations Congress may find neces-
sary for securing the title in such soil to bona fide purchasers
thereof ; and that no tax shall be imposed on lands the property of
the United States ; and that in no case shall non-resident pro-
prietors be taxed higher than residents.
Approved^ August 6/&, 1846.
CHAP. 90. An act to provide for the better organiaafion of the Treasu-
ry, and for the collection, safe-keeping, tranfifcr, and disbursement of
the public revenue.
'*••■■**'•• Whereas, by the fourth section of the act entitled " An act to
AMOI1780 e e^^aWish the Treasury Department," approved September
i%f«i i,p. 4k» * two, seventeen hundred and eighty-nine, it was provided that
it should be the duty of the Treasurer to receive and keep the
moneys of the United States, and to disburse the same upon
wfirrants drawn by the Secretary of the Treasury, cQunter-
. aigned by the Comptroller, and recorded by the Register, and
not otherwise : and whereas it is found necessary to make
further provisions to enable the Treasurer the bettjsr to carry
into effect the intent of the said section in relation to the re-
. oeiving and disbursing the moneys of the United States : there-
fore-p-
Digitized by LjOOQIC
1846 Chap. 9d. 8133
^ \. Be U enacted, ^c, That the rooms prepared and pro* ^,"2? yf T'S
vided in the new Treasury building at the seat of Govern- «*<»^^'
ment (or tlie use of the Treasurer of the United States, his assis-
tants, and clerks, and occupied by them, and also the fire-proof
vaults and safes erected in said rooms for the keeping of the pub*
lie moneys in the possession and under the immediate control of
aaid Treasurer, and such other apartments as are provided for in
ihia act as ^places of deposite of the public money, are hereby
constituted and declared to be, the Treasury of the United j^^^^ ^^^
States. And ail moneys paid into the same shall be subject to (m* tame mMMt
the draft of the Treasurer, drawn agreeably to appropriations Tt^Hwt.
made by law.
^ 2. And be U further enacted, That the mint of the Uni- tr.s. Mint tt
led States, in the city of Philadelphia, in the State of Pennsyl- vrilldT'ACt'at
vania, and the branch mint in the city of New Orleans, in the ^^J^ p)t^'*%r
State of Louisiana, and the vaults and safes thereof, respective* ^E»*i^-
ly, shall be places of deposite and safe keeping of the pubiie
moneys at those points, reiBpectively ; and the treasurer of the ' ^
eaid mint and branch mint, respectively, for the time being shall the ^S^Tn*" and
be assistant treasurers under the provisions of this act, and shall •Mrtt.a?l'!i«M^
have the custody and care of all public moneys deposited with- JJJjJJiSfr***'*
in the same, and shall perform all the duties required to be per-
formed by them, in reference to the receipt, safe-keeping, trans-
fer, and disbursements of all such moneys^ according to the pro-
visions hereinafter contained.
^ 3. And be it further enacted, That the rooms which were !,•<«• ord«D«^
directed to be prepared and provided within the custom-houses ft«^j»^n<|^«^'»«n^
in the city of New York, in the Slate of New York, and in the New Yo'k^*jd
city of iBoston, in the State of Massachusetts, for the use of re- poww* «pd du-
ceivers general.of public moneys, under the provisions of the^*^'
act entitled *' An act to provide for the collection, safe-keeping, Aotof le^v*.
transfer, and disbursement of the public revenue," approved Ju- "'»»««F'
ly fourth, eighteen hundred and forty, shall be for the use of the
assistant treasurers hereinafter directed to be appointed at those
places respectively ; as' shall be also the fire-proof vadts and
safes prepared and provided within said rooms for the keeping
of the public moneys collected and deposited with them respec*
tively ; and the assistant treasurers, from lime to time appointed
at those points, shall have the custody and care of the said
rooms, vaults, and safes, respectively, and of aM the pubKc
moneys deposited within the same, and shall perform aH the du-
ties required to be performed by them, in reference to the r«-
eei'pt, safe-keeping, transfer, and disbursement of all such pion* .
eys, accordiiig to the provisions of this act.
4 4. And be it further enacted, That the offices, with suite- rucmda^po^
Ue and convenient rooms, which were directed to be erected, 5f„i;J^«^i-^jt
prepared, and provided for the use of receivers general off^b^tcc^r^^^Bi
inoney, %t the expense of the United States, at the city otChar^era aod dotiM.
leeton ia the State of South CaroUoa, m4 at the city of St.
Louis ,' in the State of Missouri, under tbe aet en«itled " Ao aet
64 ^
Digitized by CjOOQIC
8134 1848 Chap. 90.
Art^iw^-to provide for the collection, safe keeping, transfer, and disbufBe*
** p. ^^^^ ^j. ^1^^ public revenue," approved July fourth, eighteen hun-
dred and forty, shall be for the use of the assistant treasurers
hereinafter directed to be appointed at the places above-named ;
as shall be also the fire-proof vaults and safes erected within said
offices and rooms for the keeping of the public money collected
and deposited at those points respectively ; and the said assistant
treasurers, from time to time appointed at those places, shall have
the custody and care of the said offices, vaults,, and safes, erect-
ed, prepared, and provided as aforesaid, and of all the public
moneys deposited within the same, and shall perform all the du-
ties required to be performed by them, in reference to the receipt,
safe-keeping, transfer and disbursement of all such moneys, ac-
cording to the provisions hereinafter contained.
Poor aniitant ^ 5. And be it further enacted, That the President shall
l^tim^' '^who nominate, and by and with the advice and consent of the Senate
offi^t^'fo! fo*ur appoint, four officers, to be denominated ''assistant treasurers of
yearg. ^j^^ Uiiited States," 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
Location of M. I he Slate of New York ; one other of which shall be located at
■^■Mini ireaiu-jj^^ ^j^^ of Boston, .in the State of Massachusetts; one other of
WMiiigi^boDd..^j^j^l^ shall be located at the city of Charleston, in the State of
South Carolina ; and one other at St. Louis, in the State of Mis-
souri. And all of which said officers shall give bonds to the
United States, with sureties, according to the provisions herein-
after contained, for the faithful discharge of the duties of their
respective offices.
atSlnnrtleir' ^ ^' ^^^ ^^ *^ fwtker etiaded , That the Treasurer of the Unit-
ren'ao'i oth«r<!r-ed Statcs, the treasurer oT the mint of the United States, the treas-
casrKiy'oniuhik urers, and those acting as such, of the various branch mints, all col-
""ko^'P Thi'timi Sectors of the customs, all surveyors of the customs acting also as
;*.f«'y', *<* ""''collectors, all assistant treasurers, all reoeivers of public moneys at
faithmlly and i i • /r» n . it • !• /^ 4.
prompiiy to make the scveral laud officcs, all post-masters, (nd all pubhc officers of
Ind ininaioT^Ng whatsoever character, be, and they are hereby required to Keep
^e,*^ft!or^^°'^safely, without loaning, using, depositing in banks, or exchanging
for other funds than as allowed by this act, all the public money
collected by them, or mherwise at any time placed in their pos*
session and custody, till the same is ordered^ by the proper De-
partment or officer of the Government, to be transferred or paid
out ; and, when such orders for transfer or payment are received,
faithfully an4^ promptly to make the same as directed, and to do
and perform all other duties as fiscal agents of the Government
vtrhich may be imposed by this or any other acts of Congress, or
by any regulation of the Treasury Department made in conform-
ity to law ; and also to to do and perform all acts and duties re-
quired by law, or by direction of any of the Executive Depart-
ments of the Government, as agents for paying pensions, or for
making any other disbursements which either of the beads of thoae
Departments may be raquirad h^jr kw to maka, and wbicb are of
Digitized by CjOOQIC
, 1846. Chap. 90. 313S
a character to be made by the depositaries hereby constituted^
consistently with the other official duties innposed upon them.
^ 7. And be it further enacted, Thai the Treasurer of the „^'^~J»;jJ^^^
United States, the treasurer of the mint of the United States, thej^^ihe^ jj|jnj joj
treasurer of the branch mint at New Orleans, and all the as-nts'sunt' Uusu-
sistant treasurers hereinbefore directed to be appt^inted, shall'*" '**''^*'**'"*^
respectively give bonds to the United States faitlifully to dis-
charge the duties of their respective offices according to law, and
for such amounts as shall be directed by the Secretary of the
Treasury, with sureties to the satisfaction of the Solicitor of the
Treasury ; and shall, from time totinie renew, strengthen, and
increase their official bonds as the Secretary of the Treasury
may direct, any law in reference to any of the official bonds of
any of the said officers to the contrary notwithstanding.
^ 8. And be U further enacted. That it shall be the duty of^^^sec«uj7 of
the Secretary of the Treasury, at as earlv a day as possible after quire hm* tever.!
the passage of this act, to require from the several depositaries togiveboudg^ato.
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 res-
pectively by this act, and with sureties and in sums such as shall
seem reasonable and safe to the Solicitor of the Treasury ; and
from time to time to require such bonds to be renewed and in- saoh bon<if
creased in amount, and strengthened by new sureties, to meet any SrVogtlienei* *
increasing responsibility which may grow out of accumulations 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.
^9. And be U further enacted, That all collectors and re- ^^I!:';;^^'^ ™
cctvers of public money, of every character and description, with- PjJJ'i^X/.-.*;
in the Distiict of Columbia, shall, as frequently as they may be •««! lo whom.
directed by the Secretary of the Treasury, or the Post-master
General so to do, pay over to the Treasurer of the United States,
at the Treasury, all public moneys collected by them, or in their
hands; that all such Qpllectors and receivers of public moneys
within the cities of Philadelphia and New Orleans shall upon the
same direction, pay over to the treasurers of the minis in their
respective cities, at the said mints, all public moneys collected by
them, or in their hands ; and that all such collectors and receivers
of public moneys within the cities of New York, Boston, Char-
leston, and St. Louis, shall, upon the same direction, pay over to
the assistant* treasurers in their respective cities, at their offices,
respectively, all the public moneys collected by them, or in their
hands, to be safely kept by the said respective depositaries until
otherwise disposed of according to law ; and it shall be the duty
of the said Secretary and Post-master General respectively to ^ .*jj;|«;y^„<J
direct such payments by the said collectors and receivers at all Po.tma.ter^ ct^
the said places, at least as ofien as once in each week, and as ,„ch paymeou.
much more frequently, in all cases, as they in their discretion may
'I \0^a!^ ffe it further enacted. That it shall be lawful iox^^l^^^^j'
the Secretary of the Treasury to transfer the moneys m this bands «*k« tr*«fc- ^
Digitized by CjOOQ IC
8136 1846 Chap. 90. .
tiM pobiie DMMi. of any depositary hereby constituted to the Treasury of the United
*^'' States, to be there safely kept, to the credit of the Treasurer of
the United States, according to the pro?ision8 of this act ;,and
also to transfer moneys in the hands of any one depositary con^ -
•tituted by this act to any other depositary consiitiited 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
ThePofftiMftarreiiuire z whlch authority to transfer the moneys bebngrng to the
General •other- _ ■ _' ^ "^ . i t i i- • ^i n .
lied to omkePost Offico Department is also hereby conferred upon the Post-
MyTbLtonf inr^ inaster General, so far as its exercise by him may be consistent
uw ^^FoH osoa ^j^jj j|^^ provisions of existing laws ; and every depositary con-
^j^^/^^„*5stituted by this act shall keep his account of the money paid to
<»"incj^"]»M»or deposited with him, belonging to the Post Office Department,
tfiheFwofliM separate and distinct from the account kept by him of other pub-
'^^brTrwirufeflic moucys so paid or deposited. And for the purpose of pay-
f j'/JS^'"* "^ menis on the public accpunt, it shall be lawful for the Treasurer
of the United States to draw upon any of the said depositaries,
' as he may think most conducive to the pubhc interest, or to the
DepMitariM to convenience of the public creditors, or both. And each depositary
tjMTrJZI»ry'«DdSo drawo upon shall make returns to the Treasury and Post Of-
Purt^ffloo *^g^g Departments of all moneys received and paid by him, at such
times and in such form as shall be directed by the Secretary of
the Treasury or the Postmaster General.
, txaminatimif ^ 1 i . And be it further enacted^ That the Secretary of the
tbobooii!i!!^d^. of Treasury shall be and he is hereby authorized to cause examina-
tbo dopooitofiM. ij^^g ^^ y^ made of the books, accounts, and money on hand of
the several depositaries constituted by this act ; and for that pur-
pose to appoint special agents, as occasion may require, with
such compensation, not exceeding six dollars per day and travel-
ling expenses, as he may think reasonable, to be fixed and de-
clared 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 mon-
ey on hand, and the manner of its bein^kept, to the end that
uniformity and accuracy in the accounts, as well as safety to the
moneys, may be secured thereby.
Additional ex. <^ 12. Afid be it further enacted, That, jn addition to the ex-
aminatioM «« boj^,„|jjj^|j^pg provided forin 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 assistant
treasurers, or the collector of the customs, of their respective dis-
tricts ; of each register of a land office, as a check upon the re-
ceiver of his land office ; and of the director and superintendent
of each mint and branch mint, when separate officers, as a
check upon the treasurers, respectively, of the said mints, or the
persons acting as such, at the close of each quarter of the year,
and as much more frequently as they shall be directed by the
Secretary of the Treasury to do so, to examine the books, ac-
counts, returns, and money on hand, of the assbtant treasurers,
collectors, receivers of land offices, treasurers of the mint, and
each branch mint, and persons acting as such, and to make a full,
Digitized by CjOOQIC
1846 Chap. 90. 3137
aocnrmte, and faithful return to the Treasury Department of their
condiiion.
^ 13. And be it fufihtr enacted. That the said ofiicers, re- 2SX/ci.iV
spectively) whose duty it is made by this act to receive, keep, ehMu«iu.aito»-'
and disburse the public moneys, as the fiscal agents of the Gov- ^'
emment, may be allowed any necessary additional expenses for
clerks, fire-proof chests, or vaults, or other necessary expenses of
safe-keeping, transferring, and disbursing said moneys ; all such ^„^^,,,,
expenses of every character to be first expressly authorized by •ntoba^fint'7?-
the Secretary of the Treasury, whose directions upon all the 8lcre'!!?ry''Jf ih!
above subjects, by way of r^ulation and otherwise, so far as '^'•'•"'y-
authorized by law, are to be strictly followed by all the said of-
ficers : Provided J That the whole number of clerks to be ap- '*•''*■"•
pointed by virtue of this section of this act shall not exceed ten ;
and that the aggregate compensations ofthe whole number shall
not exceed eight thousand dollars ; nor shall the compensation
of any one clerk so appointed exceed eight hundred dollars per
aanum.
^ 14. And be U further ef$acted, That Che Secretary of the j,f!^;}^^ ^
Treasury may, at Ms discretion, transfer the balances remaining trantfer baiaooM
with any of the present depositories to any other of the present {TrMt^'a^pMU
depositories, as he may deem the safely of the public money or **'*~*
the public convenience may require: Provided, That nothing
in this act shall be so construed as to authorize the Secretary of
the Treasury to transfer the balances remaining with any of the
present depf)sitories to the depositories constituted by this act
before the first day of January next : And pr&vided, That, for ProTis(k
the purpose of payments on public account, out of balances re-
maining with the present depositories, it shall be lawful for the
Treasurer of the United States to draw upon any of the said de-
positories as he may think most conducive to the public interests,
or to the conrenience of the public creditors, or both.
^ 15. And be ii further enacted. That all marshals, district ^^V'-!"^^^ ?f
attorneys, and others having public money to pay to the United ^^"^J^^^ ^^ "**.
States, and all patentees wishing to make payment for patents ffnu^'io whS^
to be issued, may pay all such moneys to the Treasurer of the'* bemad..
United States, to the treasurer of either of the mints in Philadel-
phia or New Orleans, to either of the other assistant treasurers,
or to such other depositary constituted by this act as shall be de-
signated by the Secretary of the Treasury in other parts of the
United States to receive such payments, and give receipts or cer-
tificates of deposite therefor.
^ 16. And Be U further enacted, That all officers and other to^;;i'|;:£r[h2
persons, charged by this act, or any other act, with the safe-keep- SSS!)*th«fr^iSII
ing, transfer, and disbursement of the public moneys, other than Ji||i;,^^\.°®'*
those connected with the Post Office Department, are hereby re- ^';;°^^^ P"?*
quired to keep an accurate entry of each sum received, and of a^nk^^T^on-
each payment or transfer ; and that if any one of the said offi-SinrpanhbLnt!
cers , or of tliose connected with the Post Office Department,
•hall convert to his own use, in any way whatever, or shall use,
by way of investment in any kind of property or merchandise,
Digitized by CjOOQIC
3138 1846 Chap. 90.
or shall loan, with or without interest, or shall depostte in any
bank, or shall exchange for other funds, except as allowed by
this act, any portion of the public moneys intrusted to him for
safe-keeping,* disbursement, transfer, or for any other purpose,
every such act shall be* deemed and adjudged to be an embez-
clement of so much of the said moneys as shall be thus taken,
converted, invested, used, loaned, deposited, or exchanged,
which is hereby declared to be a felony ; and any failure lo psy
over or to produce the public moneys intrusted to such pehon
shall be held and taken to be ftima facie evidence of atich em-
bezzlement ; and if any officer charged with the disbursemeals
of public moneys shall accept or receive, or transmit to tiie
Treasury Department to be allowed in his favor, any receipt or
voucher from a creditor of the United States, without having
paid to such creditor, in such funds as the said officer maj have
received for disbursement, or such other funds as he may be au-
thorized by this act to take in exchange, the full amount specifi-
ed in such receipt or voucher, every such act shall be deemed to
be a conversion by such officer to his own use of the amount
specified in such receipt or voucher ; 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 competent jurisdiction, shall be sentenced to imprison-
ment for a term of not less thsn six months nor more than (en
years, and to a fine equal to the amount of the money embez-
E«ia«M« Mfl. zled. And, upon the trial of any indictment ngainst any person
LuncT* la ^ A for embezzling public money under the provisions of this act, it
^illlSlt^*'"^' shall be sufficient evidence, for the purpose of showing a balance
against such person, to produce a transcript from the books and
• proceedings of the Treasury, as required in civil cases, under the
r4^JiM '■"«!' P*^^^'*'**"* ^^ ^^^ act entitled "An act to provide more efiectual-
' *ly for the settlement of accounts between the United States and
receivers of public money,'' approved March third, one thousand
seven hundred and ninety-seven ; and the provisions of this act
shall be so construed as to apply to all persons charged with the
safe-keeping, transfer, or disbursement of the public money,
whether such persons, be indicted as receivers or depositaries of
the same ; and the refusal of such person, whether in or out of of-
fice, to pay any draft,order, or warrant which may be drawn upon
him by the proper officer of the Treasury Department, for any
public money in his hands belonging to the United States, no
matter in what capacity the same may have been received or
may be held, or to transferor disburse any such money pron)ptly,
upon the legal requirement of any authorized officer of the Uni*
ted States, shall'be deemed and taken, upon the trial of any in*
dictment against such person for embezzlement, as prima fadi
evidence of such embezzlement.
2JIdir'i*t«3ToT^ ^ *^- -*'*^ be it further enacted, That, until the rooms, offices,
pre'pnied by the vaults, and safes, directed by the first four scptions of this act to
of !hi71ct?»!ri!!be constructed and prepared for the use of the Treasurer of the
t7Cr^;^"l^nit^ States, the treasurers of the mints at Philadelphia and
Digitized by CjOOQIC
1846 CuAP 90. 3139
New Orleans, and the assistant treasurers at New York, Boston,
Charleston, and St. Louis, can be constructed and prepared for
use, it shall be the duty of the Secretary of the Treasury to pro-
cure suitable rooms for offices for those officers at their respective
locations, and to contract for such use of vaults and safes as
may he 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 States.
And whereas, by the thirtieth section of 'the act entitled " An AetoriTW. •.
act to regulate the collection of duties imposed by law on the^* *^'* '* >*- ^
toivnage of ships or vessels, and on goods, wares, and merchan-
dises imported into the United States," approved July thirty-one,
seTenteen hundred and eighty-nine, it was provided that all
fees and dues collected by virtue of that act should be received
in gold and silver coin only ; and whA-eas, also, by the fifth
seciion of the act approved May ten, eighten hundred, entitled
"An act to amend the act entitled * An act providing for the sale Aetof leoo. «.
of the lands of the Uniled States in the territory northwest of "•*•'• ^' '• '"•
the Ohio, and above the mouth of Kentucky river,' " it was pro-
vided that payment for the said lands shall be made by all pur-
chasers in specie, or in evidences of the public debt ; and where-
as, experience has proved that said proisvions ought to be
revived and enforced, according to the true and wise intent of.
the Constitution of the United States —
^ \8. Be it further enacted. That on the first day of January, FMand %d«,
in tlie year one thousand eight hundred and forty-seven, and there- do7iJ.;tit*«, ^*
after, all duties, taxes, sales of public lands, debts, and sums of uf'g"',,,'.'',, '^
money accruing or becoming due to the United States, and also pu{;^^>mj^«mi
aU sums due for postages or otherwise, to the General Post Office tfw«oi7 m^II *
Department, shall be paid in gold and silver coin only, or in Trea-
sury notes issued under the authority of the United States : Pro^ Pwrbow
videdj That the Secretary of the Treasury shall publish, monthly,
in two newspapers at the city of Washington, the amount of specie
at the several places of deposite, the amount of Treasury notes or
drafts issued, and the amount outstanding on the last day of each
month.
^ 19. And be it further enacted. That on the first day of Aj^TT^gJ^f^,
April, one thousand eight hundred and forty-seven, and thereaf-<i^^»^"ffo^n
ter, every officer or agent engaged in making disbursements on mto^Mattu
account of the United States, or of the General Post Office, £io;^iii't^
shall make all payments in gold and silver coin, or in Treasury "3iSJtiJL*S
notes, if the creditor agree to receive said notes in payment ; and vtouuiJirSfihto
any receiving or disbursing officer or agent who shall neglect, ««'>>>• pnM^iiBff
evade, or violate the provisions of this* and the last preceding ported totbtPM*
seciion of this act, shall, by the Secretary of the Treasury, be im- "***"'
mediately reported to the President of the United States, with
the facts of such neglect, evasion, or violation ; and also to Con-
gress, if in session ; and if not in Session,^ at the commencement
of its session next after tlie violation takes place.
^ 20. And be it further enacted. That no exchange of funds A.^M^'te'lS^^
■hall be made by any disbursing officers or agents of the Govern- 2^£hJ!;' '^
Digitized by Cj.OOQ IC
3140 1846 Chap. 9a
ment, ofaoy grade or- denominatioD whatsoever, or <)o«Beetad
* with any branch of the public service, other than on ezchaogB
for gokl and silver ; and every such disbursing officer, when t&
means for his disbursements are furnished to him in gold and sil-
ver, shall make his payments in the money so furnished ; or
How m«Dt« ^h®" those means are furnished to him in drafts, shall causs
•hau te mad«. thoso drsfts to be presented at their place of payment, and pro-
perly paid according to the law, and shall make his payments ia
the money so received for the drafts furnished, unless, in either
case, he can exchange the means in his hands for gold and lil*
oflioen Tioiat- vcr at par. And it shall be and is hereby made the doty of the
\St^tiS^ti^ head of the proper Department immediately to suspend from duty
Pr^^^t.^ ^any disbursing officer who shall violate the provisions of this sec*
tion, and forthwith to report the name of the officer or agent to
the President, with the^ct of the violation, and all the ciieam*
stances accompanying the same and within the knowledge of ths
said Secretary, to the end that such officer or agent m^j be
promptly removed from office, or restored to his trust and tlni
performance of his duties, as to the President may seem just and
proper ; Prai>idedy hpweveTy That those disbursing offioers, hav«
ing at present credits ki the banks, shall, until the first day of
January next, be^allowed to check on the same, allowing tbo
public creditors to receive their pay from the bsnks either io
specie or bank notes.
•fA? T^*S? ^21- -^^^ *« ** fwth^ enacted. That it shall be the dnty of
to^MoenDd^i^ub- the Secretary of tha Treasury to iasue and p«»blish regulations to
to enforee tbeenfoTce the spocdy presentation of all Government drafts for pay*
^SZ^JiSx^^mnk^nX at the place where payable, and to prescribe the time, ao*
i»r |»Jmen^ *e. ^Qf^ing |0 xh^ different distances of the depoaitaries from the seat
of Government, within which all drafts upon them, respeo^velj,
sbaU be presented for peyoent ; aa4, in default of such pressp*
tftiioo, to d'urect any other mode and plaee of payoaent which he
may deem ^oper ; but, io all these r-egulationa and direetions,
it shall be the duty of the Secretary of the Treasury to guard, ii
lar as may be, against those drafts beii^ used or thrown iftto eir«
ofthe^u°VShiai ^"l^^'^i^ ^^ ^ paper currency or medium of exchange. And 00
SjNM^ tof^a officer of the United Sifitea shall, eiilier directly or io^iireeily, sell
VHmmr 1MB, or dispose to any person or persoos, or eorporatioDa, wbatso^er,
dnS, &e, noti- - — ^ - -
•rtyt
ondittag I
kkuc^mtB. Of proceeds of such xvote, xiraft, wafra«t» or seourity in )>is h^4t
for diabttrseroent, wtthoiH staking leAisrQ of such preosium, aad
accounting therefor by charging the same in his accounts to the
credit of the United States; and any officer violating thissectioo
shall be forthwith dismissed from oSoe,
8d«i« of a«. ^22. And be UfuHher enacied. That the assistaot Ireasoren
nn. directed by this act to be appomted shall receive, respectively,
the following salaries per annum, to be paid quarter yearly at the
Treasury of the United Stales, to wit : the assistant treasurer »t
New York shall be paid a salary of four ibouaaad doHars per an-
niw ; the asaistaiil treaoiirer of Boston shall be jpaid e mWit ^
^ki£^*jN^^ for a prefnium, any Treasury noie, draftt warmnt, or other puhlis
&ttagu."&S security, moi bis private property, or seU or dispose of tho assils
Digitized by CjOOQIC
1846— Chap. ©0—9(fc. 3141
two tboasand five hundred dollars per annum ; the assistant
treasurer at Charleston shall be paid a salary of two thousand
five hundred dollars per anoum ; the assistant treasurer at
St. Louis shall be paid a salary of two thousand five huo- Additional com-
dred dollars per annum; ibe treasurer of the mint at Phila-gSS^lJlhJ
delphia shall, in addition to his present salary, receive five JJ}J|^"<* *»*»«»>
hvadred dollars annually, for the performance of the duties im-
posed by this act ; the^ treasurer of the branch mint at New Or-
leans shall also receive five hundred dollars annually, for the ad-
ditional duties created by this act ; and these salaries, respectively, no oaicer to
shall be in full for the services of the respective officerg ; nor shall ^J'SSJ^^SSi,?
either of them be permitted to charge or receive any commis- J^,^^J" ^^^^
aion, pay, or perquisite, for any official service, of any character
or description whatsoever ; and the making of any such charge,
or the receipt of any such compensation, is hereby declared to be
a msdemeanor, for wb^h the o$cer convicted thereof, before
any court of the United States of competent jurisdiction, shall
be subject to punishment by fi^a and imprisoi^aeot^ or both, at
the discretion of the court before which the offence shall be tried*
<^ 23» And be it further enactetf. That there shall be and #5^000 appropri-
bereby is approprialed>to be paid out of any money in the Treasury ^^ofvaJnSSi-
not otherwise appropriated, the siw of five thpA^sand dollars, to»<^«-
be expended, under the direcii^o of the Secretary of the Treasu-
ry, in such repair? or additions as may be neceasary to put in
good condition for use, with as little delay as may be consistent
with the public interests, tijie ofiSces, rooms, vauUa, and safea
herein mentioned, aod io the purchase of any necessary addition^
al furniture aiul fixtures, iothe purchase of oeoeasary books and
stationery, and in defraying any other incidental expenses jneces-
sary to carry this act into effect
4 24. And be U further enacted. Thai all acts or parts of
acts which come in conflict wiljl^ th^ pr<ovisiqikp of this act be, and A>:ta and parts
the same are hereby repealed. Approved, Auguet Bth, 1846. ^p'^tS:*^*^
CHAP. 92. An act to saweoder tp the State of Tennessee all title the
United States have to lands in Tennessee south and west of the line
commonly called the Congrepaional reservation line, and to releaae *q
said State the proceeds of such of said lands as jmay have been sold by
the State of Tennessee as the agent of the United Slates.
•^ 1. Beit enuded, fyc, That the United States hereby re- AiiunwpTPri-
lease and surrender to the State of Tennessee the right sod title JJ^^i^elSh
of the Unil^ Statea to all landa in the State of Tennessee lving~^ «>%^^ »^*
pouthand west of the Congressional reservatioii line in satd Stale jj^o^i^^^^«..
which may yet remain unappropriated, and further release and iwjmi ^^^^ «w
Araitsfer to aaid State of T^nn^wee^be proceeds of such pf said proweda of such
kods as way have \^n sold by /said State, not heretofore paid"^^^'*'"^
over to the United ^tf^tes, nor deposited subject to the order qjt
,iMeof the United Stfitep, ^p4^ |the authority of the act of Con-
ffrew of theeighteentU Febriwy , eighteen hundred and forty-one, Act of muc.
entiiM « Aj> aet 19 awen* w wt enUikd 'An act to authorize *»*"-f« p**^*-
xh» aiate of Tflan#8S(^e tP i»^ S^ffi^ M^ i^e^feot tales to cer-
Digitized by CjOOQ IC
3142 1846 Ohap. 92—96.
V
tain lands therein described, and to settle the claims to the Tacaot
and unappropriated lands within the same/ passed the eighteenth
app*"t«Suo Sday of April, one thousand eight hundred and six." Thia tor*
the procMda offender and transfer is upon the express condition that the State
tabtiabment^tfidof Tenncssec shall, out of the proceeds of said lands, set apart
jupporiof aeoi-^^j apply forty thousand dollars towards the establishment and
support of a college at Jackson, in the county of Madison, in the
State of Tennessee, if the proceeds of the sales of said lands
shall amount to so much; and if the aggregate amount of said
sales (not paid over nor deposited as aforesaid) shall not amount
to the said sum, then whatever sum smaller than forty thousand
dollars th«*.y may amount to, in accordance with the- provisions
contained in an act of the General Assembly of said State, pas-
sed in the year eighteen hundred and thirty-eight, being chapter
one hundred and seven, section eight, and in accordance with the
desire expressed by said General Assembly, in their certain 'me-
morial to Congress, passed December four, eighteen hundred and
rh>viflo. forty-five : Provided^ neverthelesB, That the release herein pro-
vided for to the said State of Tennessee of said lands shall be in
full satisfaction for any and.all services rendered and expenses in-
curred by said State, or the authorities thereof, in the manage-
ment, disposal, or administration of said public lands, and as
agent or agents of the United States, in virtue of the provisions
of the act entitled << An act to amend an act. entitled, ' An act
to authorize the State of Tennessee to issue grants and perfect
titles to certain lands therein described, and to settle the claims
to the vacant and unappropriated lands within the same/ passed
the eighteenth February, eighteen hundred and forty-one :" Ani,
provided, alsOj That all the said lands the releaae of which is
herein provided for, and the proceeds thereof, shall be and re-
main subject to all the same claims, incumbrances, and liabilitieB
in relation to '* North Carolina land warrants,^' or other chims
of North Carolina, as the same would or could be subject to as
regards the United States, if the same were not so as aforesaid
released. Approved^ 4ugusi 7tt, 1846.
CHAP. 96. An act making appropriations for the support of the Military
Academy fbr the year ending on the thirtieth June, ei^teen hundred
and Ibrty-seven.
naud or viB. ^2- ^^ be it further enacted, Tliat the President be au-
^^' thorized to appoint a board of visiters, to attend the annual ex-
amination of the Military Academy, whose dutyjt shall be to re-
port to the Secretary of War, for the information* of Congress, at
the commencement of the next succeeding session, tl^ actoal
state of the discipline, instruction, police administration, fiscal
aflairs, and other concerns of the institution : Provided^ That
the whole number of visiters each year shall not exceed the half
H'mBdec.tod. of the number of States in the Union ; and that they shall be se-
lected, alternately, from every second State, each member bring
a &ona/Si/e resident citizen of the State from which he shall be
appointed; that not less than six members shall bd taken fioitf
Digitized by LjOOQ IC
1846 Chap. 96^9t. 8143
Among officers actually serviog in the militia ; and that a second
ndember shall not be taken from any Congressional district, until
every other district in the State shall have supplied a memher :
Pravidedjfurther, That no compensation shall be made to said coMpennUcm.
members beyond the payment of their expenses for board and
lodging while at the Military Academy, and an allowance not to
exceed eight cents per mile, for travelling by the shortest mail
route from their respective homes to the academy, and bade to
their homes. And the sum of two thousand dollars is hereby
appropriated to defray the expenses of said board of visiters at the
next annual examination.
^ 3. And be it further enacted, That the teacher of drawing TeMhen.
and the first teacher of French at the Military Academy shall
hereafter be, respectively, professor of drawing and professor of
the French language. Approved, Auguet 8th, 1846.
CHAP. 97. An act supplementary to the act passed on the twentieth day imtec. S.
of February, eighteen hundred and forty-six, entitled '* An act to en-
large the powers of the several orphans' courts held In and for the
District of Columbfa.'*
^ I.Beit enacted, ^c^ That every orphan or other inftint to Orphan chiM.
whdm the orphans' courts of the District of Columbia are au-j^lrdSluircw^
thorized and empowered by the act to which this act is supple^ ^^ ^^'^
mentary, or by any other law in force in the said district or in
either county thereof, to appoint a guardian, shall be entitled, on
arriving at the age of fourteen years, or at any age between four^
teen and twenty^one years, notwithstanding any appointment of
guardian before made by such courts, or either of them, to elect
a guardian for himself or herself: Provided, The orphans' court pnftoo.
within whose jurisdiction may be the person tlhd residence of «
such orphan, or any property) real, personal, of mixed, to which
such orphan is entitled, or where a guardian had been duly ap-
pointed before, the court by which said former guardian had
been appointed approve the character and competency of the,
person so elected guardian : And provided, such orphans' Security to b«
court shall and and may require of the guardian, so elected, such fij*"* ^ •'"^
securityi and exercise towards him all such jurisdiction and pow-
ers for compelling the faithful administration of his trust, as are
provided in the said act or any other law in force as aforesaid, in
the cases of guardians appointed by the said court; and if the
said court, in the due exercise of such, its jurisdiction and pow- aupeitedow.
ers, shall see fit to supercede and remove such guardian, or if such
guardian die, or become incompetent during the minority of such
orphan, the said court shall forthwith cite such orphan to appear
and make a new election of guardian, which such orphan may do
under the same conditions and restrictions as are hereinbefore
prescribed in respect to the original election of guardian ; and for
the interval of time between the removal, death, or incompetency
of the first elected guardian and the new election of another by
such orphan, the said court may, if it deem it expedient, appoint
Digitized by CjOOQIC
3144 1846 Chap. &1~98.
a guardian ad inlerini until such new election be made; taking
such security of such guardian ad interim, and eiercising, over
him Euch jurisdiction and powers, as are or may be required and
noUm thereof, given in the cases of other guardians : And previded further^
That where a guardian is to be superceded by such election, be
shall have notice of the application by summons or in writing*
onSe?r«^ffi •& 2- ^^^ *« ^ further enacted, That if any surety of a
be treated. guardian, by petition to the court, before which he was bound,
setting forth that he apprehends himself or herself to be in dan-
ger of suffering thereby, shall pray that be may be relieved, (he
said court, after a summons to answer the petition shall have been
served upon the guardian, or a copy of such summons left at the
place of his usual abode, shall order him to give counter security
for the complete indemnity of the original surety, or to deliver
the ward's estate into the hands of the surety, or of some other
' person ; in either of which cases it shall take sufficient security of
the person into whose hands the ward's estate shall be delivered
as .aforesaid ; and such court shall and may make such further
and other order for the relief of the petitioner as to it shall seem
just. Approved, August Sth, 1846.
CHAP. 98. / An act to regulate ttie proceedings in the Gircifit and Dif-
trict Courts of (he United Slates, and for other purposes.
for^owfJ/iireri ^ I' Be it enacted, if c, Th^t the circuit court of the Uni-
■oSthera durc' ^^^ Slates for the southern district of New York shall hereafter
ofNew^Yofi."" bc held on the third Monday in October, instead of the last
Monday in November ; and that all writs, pleas, suits, recogni-
zances, indictn}ents, and all other proceedings^ civil and crimi-
nal, shall be returnable to and have day in court, and shall be
heard, tried, and proceeded with, -by the said court, in the same
manner as might and ought to have been done, if the court had
been held at the lime heretofore directed by law ; and it is fur-
ther provided, that the term of the circuit court appointed bj
law to be held on the last Monday in July in each year in said
district, shall not hereafter be holden.
itoJotT"** «- ^ 2. And be it further enacted, That whenever the district
attorney shall deem it necessary, it shall be lawful for any circuit
court, in session, by order entered on its minutes, to remit to the
next term or session of the district court of the same disttict any
indictment pending in the said circuit court, when the offence or
offences therein charged may be cognizable by the said district
court ; and in like manner it shall be lawful for any district court
to remit to the nezt term or session 6f the circuit court of the
same district any indictment pending in the^id district coort;
and such remission shall carry with it all recognizances, process-
es, and proceedings pending in the case in the coort from which
the remission is made, and the coiirt to which such remission is
made, shall, after the order of remission is filed therein, act and
proceed in the case as if the indictment, and all other proceed-
ings in the same had been originated in said court.
Digitized by CjOOQIC
1S16 CiiAp. 98. 3145
^ 3. And be it further enacted, Thai it shall be lawful for j.®™'^'*~*^
the grand juries empnnnelled and sworn in any district court to "«j"^k« i^i^
take cognizance of all crimes and oflences wiihin the jurisdic- within ib«jmk!
tion of the said circuit ahd district courts, and every indictment el^Ll? bHa SS-
for a capital offence, presented to the district court, shall, by or- *"''* *•"'**
der entered on the minutes of the court, be remitted to the next
term and session of the circuit court, together with all reciogni-
zances taken therein ; and on filing such order and indictmeot
with the clerk of said circuit court, that court shall thereafter
proceed thereupon the same as if the indictment had been origin
naliy found and presented in said court ; and the said district
court may moreover, in like manner, remit to the circuit court
any indictment pending in said district court, when, in the opin-
ion of the court, difficult and important questions of law are in-
volved in the case ; and the proceedings thereupon shall there-
after be the same in the circuit court as if such indictment had
been originally found and presented therein. That no grand ju-jn°^ ihalT*?!
ry shall hereafter be summoned to attend any circuit or district'
court of the United States, unless the judge of such district court,
or one of the judges of such circuit court, shall, in his own dis-
cretion, or upon a notification by the district attorney that such
jury will be needed, order a venire to be issued therefor : Pro*
vided, That nothing herein shall prevent either of said coorts in
term from directing a grand jury to be summoned and impannell-
ed whenever in its judgment, it may be proper to do so, and at
such time as it may direct : And provided, further, That notb«
ing herein shall operate to extend beyond what the law now per-
mits, the imprisonment before indictment found of an individual
accused of a crime or offence; or the time during which an indi-
vidual thus accused may be held under recognizance before ia-
dictment found.
^ 4. And be it further enacted, That any party charged with ■^•
a criminal offence, and admitted to. bail, may, in vacation, be ar-
rested by his bail, and delivered to the marshal or his depoty,
before any judge or other officer having power to commit for
such offence ; and at the request of such bail, the judge or other
officer shall recommit the party so arrested to the cust<>dy of the
marshal, and endorse on the recognizance, or' certified copy
thereof, the discharge and exoneratur of such bail ; and the |mr-
ty so committed shall therefrom be held in custody until dischar-
ged by due course of law.
<J 5. And be it Jurther enacted, That if any captain, or ^^^^ ^^S^TtS
officer, or mariner of a ship or vessel on the high seas, or ^^Y^^^^J^
other waters within the admiralty and .maritime jurisdiction of" "
the United States, shall piratically or feloniously run away with
such ship or vessel, or any goods or merchandise on board soch
ship or vessel to the value of fifty dollars, or yield up soch ship
or vessel voluntarily to any pirate, every soch person so offend-
ing shall be deemed guilty of felony, and, on conviction thereof,
shall be punished by fine not exceeding ten thooaand ddlars, or
Digitized by CjOOQIC
3146 1845 Chap. 98.
by imprisonment not exceeding ten years, or both, according to
the nature and aggravation of the offence.
Now bail u> b« ^6. Afid be U further enacted^ That upon the necessary
gifw la M'^*''p|.0Qf being made to any judge of the United States, or other
magistrate having authority to commit on criminal charges
against the lavi^s of the United States, that a person previously
admitted to bail on any such criminal charge is about to abscond,
and that his bail is insufficient, it shall and may be lawful for
any such judge* or magistrate to require such person to give bet*
ter security, or, for default thereof, to cause him to be commit-
ted to prison ; and, to that end. an order for his arrest may be
endorsed on the former commitment, or a new warrant therefor
may be issued by such judge or magistrate, setting forth the
cause thereof,
•ow ImTJocoJ? ^ ^- -^^^ *^ *' further enacted^ That, on the application of
niniuM. any attorney of the United States for any district, and upon sat-
isfactory proof of the materiality of the testimony of any person
^ wjio shall be a competent witness, and whose testimony shall, in
the opinion of any judge of the United States, be necessary up-
on the trial of any criminal cause or proceeding in which the
United States shall be a party or interested, any such judge may
compel such person, so required or deemed by him necessary as
a witness, to give recognisuince, with or without sureties in his
discretion, to appear on the trial of said cause or proceeding and
give his testimony therein ; and for that purpose the said judge
may issue a warrant against such person, under his hand, with or
without seal, directed to the marshal or other officer authorized
to execute criminal or civil process in behalf of the United
States, to arrest such person and carry him t>efore such judge.
wSSj!*' 1^0' And in case the person so arrested shall neglect or refuse to give
said recognizance in the manner required by said judge, the said
judge may issue a warrant of commitment against such person,
which shall be delivered to said officer, whose duty it shall be to
convey such person to the prison mentioned in said mittimus.
And the said person shall remain in confinement until he shall
be removed to the court for the purpose of giving his testimony,
or until he shall have given the recognizance required by said
judge.
Part orth« act ^8. And be ii further enacted, Theii so much of the act
S^ild/' ^^* entitled "An act to increase and regulate the terms of the cir-
cuit and district courts for the northern district of New York, "
Act of i8as.o. passed July seventh, eighteen hundred and thirty-eight, as re-
198. ante. p. 8731.^^^^ all issucs of fact in the said circuit court in which the
cause of action shall have arisen west of the line in the said act
for that purpose desginated to be tried at the term of said circuit
court to be held at Canandaigua. and all issues of fact in the
said court which shall have arisen east of the said line, to be
Stated wMioii tried at Albany, be, and the same is hereby repealed. And that
^inMNmforihein addition to the courts now provided by law to be held in the
^^N^T^toi^orthern district of New York, a stated session of the circuit
kahtWatAibwy. court of the United States for said northern district shall be held
Digitized by CjOOQIC
1846 Chap. 98—99. 3147
annually at the City Hall in the city of Albany, on the third
Tuesday of May.
^ 9. And be it further enacted, That no process issued or c^JJJ*^'*^,S^
proceedings pending in either of the said courts shall be avoided impftMbTm-
or impaired by the change hereby madq in the time and place of"*** •<**«»•••
holding such court ; but all process, bail bonds, and recogniz-
ances, returnable at either of the times and places hereby alter-
ed, shail be deemed and held to be returnable at the time and
place herein designated in lieu thereof, in the same manner as if
the same had in terms been made so returnable, and shall have
full effect accordingly. And all continuances may be made to
conform to the provisions of this act.
^ 10. And be it further enacted, That hereafter a term of ^^ >*•" '»
the district court for the northern district of New Yoik shall be
held in the village of Auburn, on the third Tuesday in August
in each year. And it i$ further provided. That the term ofTime of boidiiu
the district court now required by law to be held at the city of {Jjj^g^f"^
Buffalo, on the second Tuesday of October in each year, shall
hereafter be held on the second Tuesday of November in each
year.
^11. And be it further enacted^ That, whenever any in- JJ^,t||^j2S!S
dictment shall be pending in any court of the United States, and ^ «^»t ^<-
any defendant thereto shall make an affidavit setting forth that"
there are witnesses whose evidence is material to his defence,
and that he cannot safely go to trial without them, what he ex-
pects to prove by each of them, that they are within the district
in which the court is held, or within one hundred miles of the
place of trial, and that he is not possessed of sufficient means,
and is actually unable to pay the fees of such witnesses, the court
in term, or any judge thereof in vacation, may, if it appear pro-
per to do so, order that such witnesses be subpoenaed, if found
within the limits aforesaid, and in such case, the costs incurred
by such proi:ess and the fees of such witnesses shall be paid in
the same manner that similar costs and fees are paid in case of
witnesses subpoenaed in behalf of the United States.
^ 12. And be it further enacted. That all acts and parts of ^j, J^tlT"*
acts inconsistent with the provisions of this act, shall be, and the
same are hereby, repealed: Provided nevertheless, That they ^^owim.
shall be and remain in full force for the punishment of any crime
or offence committed before the passing of this act.
Approved f August 8th, 1846.
CHAP. 99. An act to attach to the Fort Wayne land district certain
tracts of land lyin^ within the limits of that district which are not now
attached to any district.
^ I. Be it enacted, fyc. That all the lands in the State of Fon wv»e
Indiana which lie north of the twonship line dividing townships iDdiaoJ e«itcto
twenty-three and twenty-four, and east of the range line dividing SJSdlSwto.*'"
ranges four and five east, which lie south of the Wat^ash river, .
be, and the same are hereby, attached to the Fort Wayne land'
district ; and all that tract of land which lies north of the town-
Digitized by CjOOQIc _
31« 1846 Chap. 99—100.
ship line dividing townships twenty4hree and twenty-four, and
west of the ninge line dividing ranges four and five easl, and
east of the east line of the Crawfordsville land district, be at-
tached to and shall form a part of the Winnemao land district ;
and all the kinds lying south of the said township line, dividing
the said townships twenty-three and twenty-four, which were
heretofore within the limits of the Fort Wayne land district,
including the portions of the late Miaaii cessions south of said
line, be, and the same are, attached to the Indianapolis land
district ; and all lands lying within any of the aforesaid land dis-
tricts which may not have been offered for sale, shall hereafter
constitute a part of the land district in which they respectively lie.
Appreved, August 8/A, 1846.
CHAP. 100. Ad act to provide for the distribution of the edition of the
Jaws and treaties of the United States published by Little and Browo,
under the provisions of the resolution of Congress approved March
third, eighteen hundred and forty-five, and for other purposes.
Bow Litti« t ^ \. Beit enacted, ^c. That, the one thousand copies of
Suh?'u^,**l^'l Little and Brown's edition of laws Knd Treaties of the United
totobe diMte- States, already purchased by Congress, be distributed, under the
direction of the Secretary of State, as follows :
ySHrSSimu^ One copy to the l^resident and one copy to the Vice President
of the United States ;
^J'^'i^ *J^ One copy to each of the justices of the Supreme Court of the
oomt United States, and to the elerk of said court ;
H«id« of Do- One copy to each of the Heads of Departments, and one copy
5!tSmey*G«lM!to the Attorney Cseneral of the United States;
8bit|M^uMi Tor- Qjjg Q^pj iQ gn^j^ Qf ti^^ several States and Territories of the
Union, to be placed in the library of such State or Territory.
Forrtgn Got- One copycach to the Gevernments of Great Britain, France,
^""^ Russia, Austria, Prussia, Spain, Portugal, Sweden, Denmark,
Bavaria, the Netherlands, Belgium, Sardinia, Greece, Turkey,
Tuscany, the Ecclesiastical States, the Two Sicilies, China, Bra-
zil, Mexico, New Grenada, yenezuela,Chili, Peru, the Ai^entine
Confederation, and the Sandwich Islands ;
^jdj^ Dc- Forty copies to the Heads of Deportments, for the use of their
various offices and bureaus ;
CoDfKM. Two hundred and eighty copies to the Librarian of Congress,
for the use of the members of the Senate. and House of lUpre-
sentatives during the Sessions of Congress ;
Law'Libniy.of Four copics to the law library of Congress ;
^^c£!illutMt. Twenty copies to the Secretary of the Senate, and fifty copies
to the Clerk of the House of Representatives, for the chambers
and committee rooms of the two branches ;
^jjjrfcj* J^ii« One copy to the judge and one copy to the district attorney,
and one copy to the clerk, of each of the ^district courts of the
United States ;
Jodfot dt ebribi One copy tp each of the judges and clerks of the Supreme
of Torriiofto, ^^^u^ts of the Territories and District of Columbia ;
Digitized by CjOOQIC
* 1846 Chap. 100— lOlv 3149
One copy to each collector of customs in the United States > otottSS?*" *'
One copy to each surveyor of the customs at places where ftirv«iort «f
there is no collector;
One copy to each of the surveyors general of the public lands> '^"^ *"^*'
and to each register and receiver of the land offices ;
One copy to each of the foreign ministers of the United |JJ*^**" ***■""
States ;
One copy to the library of each navy yard in the Union ; one,JJjJJ^ lyiSIbl,'
to the naval lyceum at Brooklyn, New i ork ; one to the naval ^"'JJ^ • " '
school at Annapolis, Maryland ; one to to the naval institute at ^'
Charlestown, Massachusetts ; and one copy to the Military Acad-
emy at West Point.
And the residue of said thousand copies shall remain at the ^^^^^
future disposal of Congress : Provided^ That the copies of the
laws thus distributed to public officers shall be held for the use
of their respective offices, and as the property of the Govern*
ment ; and that, in case of the death, resignation, or dismission
from office of either of said officers, or whenever their terms of
office shall expire, the said copies of the laws shall be delivered
up to their successors in said offices ; and a printed copy of this
proviso shall be inserted into each of the volumes thus distribu-
ted.
^ 2. And whereas said edition of the said laws and treaties'of
the United States has been carefully collated and compared with
the original rolls in the archives of the Government, under the
tpspection and supervision of the Attorney General of the Uni-
ted States, as duly certified by that officer; therefore. Be i'/wr-jJJ**,^^;'^
iher enacted, That said edition of the Laws and Treaties of the u- s- o<»rtt.
United States, published by Little and Brown, is hereby declar-
ed to be competent evidence of the several put)lic and private
acts of Congress, and of the several treaties therein contained,
in all the courts of law and equity and of maritime jurisdiction,
and in all the tribunals and public offices of the United States,
and of the several States, without any further proof or authenti-
cation thereof. Approved j August 8/A, 1846.
CHAP. 101. An act to provide for the more eiFectual publication of the
laws of the United States.
^1. Beit enactedy SfC, That the twenty-first section of l^e Art ©^^ Auijjjt
act entitled <^ An act legalizing and making appropriations for ka <i/*iSS, o.'
such necessary objects as have usually been included in the gen-*''"^'' *'''
eral appropriation bills, without authority of law, and to fix and
provide for certain incidental expenses of the Departments and
offices of the Government, and for other purposes/' approved
August twenty-six, eighteea hundred and forty-two, be, and the
same is hereby, repealed.
<^ 2. And be it further enacted, That so much of the act en- Uwito^wpob.
titled " An act to provide for the publicatio|i of the laws of the mIImmSL ^T!
United States, and for other purposes," approved April twentieth, ^l^^™* •^
eighteen hundred and eighteeo^^as is rep^ed by the said twenty-
66
Digitized by CjOOQIC
3150 1846 Chap. 101-»-103.
75V01.? ^fios! ^^^^ section, be, and the same is hereby, revived and continued
'*** '*** in force: Provided^ That the Secretary for the Department of
State shall cause the publication of such laws, resolutions, treat-
ies, and amendments*, in two of the newspapers in the District of
Columbia, and in each of the several States and Territories of
the United States, and no more. Approved, August Sth, 1846.
CHAP. 1Q2. An act for the allowance of drawback on foreign merchan-
dise impoKed into certain districts of the United States from the British
North American provinces, and exported to foreign coantries.
Dnwbiek on ^ l» Be it enacted^ ^c. That, any merchandise impor-^
diS'Slowed?"' ^^^ ^^^^ ^^^ British North American provinces adjoining the
United States which shall have been duly entered and the duties
thereon paid or secured according to law at either of the ports of
^ntry in the collection districts situated on the northern, north-
eastern, and northwestern frontiers of the United States, may
be transported by land or by water, or partly by land, and partly
by water, to any port or ports from which merchandise may,
under existing laws, be exported for benefit of drawback, and be
thence exported with such privilege to any foreign country :
rro^iao Promded^ That such exportations shall be made within one
year from the date of importation of said merchandise, and that
existing laws relating to the transportation of merchandise entitled
to drawback from one district to another, or to two other dis-
tricts, and the due exportation and proof of landing thereof, and .
all regulations which the Secretary of the Treasury may prjsscribe
for the security of the revenue shall be complied with.
Approved, August 8th, 1846.
CHAP. 103. An act granting certain lands to the Territory of Iowa, to
aid in the improvement of the navigation of the Des Moines river, in
said Territory.
^ I. Be U enacted, fyc. That there be, and hereby is,
JJSi"®J^; granted ,to the Territory of Iowa, for the purpose of aiding
™J^^j^^jjjfsaid Territory to improve the navigation of the Des Moines river
provement of from its mouth to the Racoon Fork, (so called) in said Territory,
riTer. One cqual moiety, m alternate sections, of the public lands,
(remaining unsold, and not otherwise disposed of, encumbered
or appropriated,) in a stnp five miles in width on each side of
said river ; to be selected within said Territory by an agent or
agents to be appointed by the governor thereof, subject to the
approval of the Secretary of the Treasury of the United States.
^ 2. And be it further enacted, That the lands hereby
▼e^iVrduTpSSi granted shall not be conveyed or disposed of by said Territory,
SSiT'SSlL!'' ^'nor by any State to be formed out of the same, except as said
improvements shall progress ; that is, the said Territory or State
may sell so much of said lands as shall prodooe the sum of thirty
thousand dollars, and then the sales shall cease, until the gover-
nor of said Territory or State shall certify the fact to the Presi-
dent of the United States, that one-half of said sum has been
Digitized by CjOOQIC
1846 Chap. 103—106. 3151
expended upon said improvement, when the said Territory or
State may sell and convey a quantity of the residue of said lands,
sufficient to replace the amount expended, and thus the sales
shall progress as the proceeds thereof shall be expended, and
the fact of such expenditure shall be certified as aforesaid.
^«3. And be it further enacted y That the said river Des De« moIdm
Moines shall be and forever remain a public highway for the use pJbUc^hiiSwV^
pf the Government of the United States, free from any toll or
other cliarge whatever for any property of the United States,
or persons in their service passing through or along the same :
Providedf always^ That it shall not be competent for the said prarito
Territory or future State of Iowa to dispose of said lands, or any
of them, at *a price lower than, for the time being, shall be
the minimum price of other public lands.
^ 4. And be it further enacted^ That whenever the Territory Landf to be«
of Iowa shall be admitted into the Union as a State, the lands ^^^^^i^^p""?;
hereby granted for the above purpose shall be and become the Jj^Yo thJ^icS?"
property of said State for the purpose contemplated in this act,
and no other : Provided, The legislature of the State of Iowa, F(otIk».
shall accept the said grant for the said purpose.
Approved, August 8th, 1846.
CHAP. 104. An act to regulate writs of error and appeals from the dis-
trict court of the United States for the middle district of Alabama.
^ 1. Be it enacted, fyc, That hereafter writs of error and^^j^^^J^
appeals, shall be taken from the district court of the United to be taken.
States for the middle district of Alabama directly to the Su-
preme Court of the United States, under the same regulations that
writs of error and appeals are allowed from the circuit courts of
the United. Stales, to the Supreme Court ; anJ^fto writs of error
or appeals shall lie from said district court to the circuit court of
the United States for the southern district of Alabama, as here-
tofore allowed.
^ 2- And be it further enacted. That all causes now pending j^ueet
in the circuit court of the United States for the fifth judicial cir-'
cttit and southern district of Alabama, and which were removed
to that court by writ of error or appeal from the district court of
the United StatelB for the middle district of Alabama, are hereby
transferred to the Supreme Court of the United States. "Said
Supreme Court shall hear and determine the errors assigned in
said circuit court, in the same manner that the circuit court,
should have done had said causses not been removed.
Approved, August &th, 1846.
CHAP. 105. An act more eflfectually to provide for the enforcement of
certain provisions in the treaties of the United States.
Whereas, in the treaty between the United States and his Ma-
jesty the King of Prussia, it is provided that " the consuls,
vice-consuls, and commercial agents shall have the right, as
such, to sit as judges and arbitrators in such differences as
Freamblek
Digitized by CjOOQIC
3152 1846 Chap. 105—106.
may arbe between the captains and crews of the vessels be-
longing to the nation whose interests are committed to their -
charge, without the interference of the local authorities, un-
less the conduct of the crews or the captain should disturb the
order or tranquility of the country, or the said consuls, vice-
consuls, or commercial agents should require their assillance
to cause their decisions to be carried into effect or supported ;''
and whereas a similar provision, in substance, exists in other
treaties of the United* Slates with some other foreign Powers ;,
and whereas no jurisdiction is given by taw to any courts or
magistrates in the United States to carry into effect, the said
provisions ; for the remedy thereof —
diti""*S*^i?- ^ ^' ** *' enacted, ^c, That tiie district and circuit courts
eviteooru ofu.of the United States, and the commissioners who now are, or
mTHioiMn, ^ shall be hereafter appointed by the circuit courts of the United
i£^ ^*'' '*" States to take acknowledgments of bail and affidavits, and also
to take depositions of witnesses in civil causes, and to exercise
the powers of any justice of the peace in respect to offenders for
any crime or offence against the United States, by arresting, im-
prisoning, or bailing the same, under and in virtue of the laws
of the United Slates, shall have full power, authority, and juris-
diction, upop the application or petition of the said consuls, vice-
consuls, or commercial agents, requiring their assistance to carry
into effect the award, or arbitration, or decree of any such con-
suls, vice-consuls, or commercial agents, in the premises, accord-
ing to the true intent and meaning of such award, and arbitra-
tion, or decree ; and for this purpose shall have full authority to
issue all proper remedial process, mesne and final, to carry into
full effect such award, arbitration, or decree, and to enforce ot>e-
dience thereto;' by imprisonment in the common jail or other
place of imprisonment in the district in which the United States
may luwfully imprison any person arrested under the authority of
the United States, until such award, arbitration, or decree shall be
complied with, or the parties shall be otherwise discharged there-
from, by the consent, in writing, of such consuls, vice-consuls, or
commercial agents, or their successors in office, or by the authority
of the foreign Government by which such consuls, vice-consuls,
PrjTiM. or commercial agents are appointed : Providid^ however, That
the expenses of the said imprisonment, if any, and the mainten-
ance of the prisoners, and the costs of the proceedings, shall be
borne by such foreign Governments, or by its consuls, vice-con-
suls, or commercial agents requiring such imprisonment. And
the mashals of the United States and thci* deputies shall have
full authority, and shall be bound to serve all such process, and
do all other acts necessary and proper to carry into full effect all
and singular the premises under the autjiority of the said courts, or
of the said commissioners. Approved, August &th, 1846.
CHAP. 106. An act to equalize the compensation of the Surveyors Qeae-
ral of the public lands of the United States, and for other purposes.
«fa^j^f!!i? ^^' Beit enacted, ^c, That, from and after the thirtieth
Digitized by CjOOQIC
1846 Chap. 106—108. 3163
day of June, eighteen hundred and forty-six, the surveyor gene- J^^^JJIL^''^*"
ral of Wisconsin and Iowa and the surveyor general of Arkansas
shall each receive the same annual salary as the other surveyors
general of the public lands of the United States ; and each of fcierk hir« «i-
said surveyors general shall be allowed the same amount for clerk '^^^'
hire iif their respective offices as is now allowed by law for the
office of the surveyor general northwest of the Ohio.
^ 2. And be it furtlier enacted ^ That the surveyors general of ^^»»«« ^■•k«
the public lands of the United States, in addition to the oath ~
now authorized by law to be administered to deputies on their
appointment to office, shall require each of their deputies on the
return of his surveys, to take and subscribe an oath or affirmation
that those surveys have been faithfully and correctly executed,
acording to law and the instructions of the surveyor general ;
and, on satisfactory evidence being presented to any court of,wwS!JJl!?fc[2
competent jurisdiction, that such surveys, or any part * thereof, "n^f"-
had not been thus ei^ecuted, the deputy making such false oath
or affirmation shall be deemed guilty of perjury, and shall suffer
all the pains and penalties attached to that offence ; and the dis-
trict attorney of the United States for the time being, in whose
district any such false, erroneous, or fraudulent surveys shall have
t)een executed, shall, upon the application.of the pro|^r surveyor
general, immediately institute suit upon the bond of such deputy;
and the institution of such suit shall act as a a lien upon any
property owned or held by such deputy, or his sureties, at the
time such suii was instituted. Approved^ August 8M, 1846.
CHAP. 107. An act making copies of papers certified by the Secretary of
the Senate and Clerk of the House of Representatives legal evidence.
^ \. Be itenactedy fyc^ That extracts from the Journal of^^^'iTSgJJ^
the Senate or of the House of Representatives, and of the Ex-aodRoMoritr
ecutive Journal of the Senate, when the injunction of secrecy is maS^^i^M* in
removed, duly certified by the Secretary of the Senate or by the"'*'****'*^
Clerk of the House of Representatives, shall be admitted as evi-
dence in the several courts of the United States, and shall have
the same force and effect as the originals thereof wouU have if
produced in court yd proved.
^ 2. And be U further enacted, That for all such copies, ^*~'
certified as aforesaid, the Secretary of the Senate and Clerk of
the House of Representatives shall be entitled to the same fees
as are now allowed by law, for similar services, to the Secretary
of Slate. Approved, August dth, 1846.
CHAP. 108. An act to cany into effect the convention between the
United States and the Republic of Peru, concluded at Lima, the seven-
teenth day of March, eighteen hundred and forty-one.
^l. BeU enacted, fyc, That, the Attorney General of the „,^L'"a^"J;
United States shall be, and is hereby, authorized and empowered •«»j«"c«teei«iini.
to adjudicate the claims arising under the convention concluded
between the United States and the Republic of Peru, at Lima,
the seventeenth Marchi eighteen hundred and forty-one ; and
Digitized by CjOOQIC
3154 1846 Chap. 108.
shall, within the space of twelve montlis from and after the pass-
ing «<f this act, receive, examine, and decide upon the amount and
validity of aif such claims as may be presented to him, and as are
provided for by the said convention, according to the merits of
the several cases, and the principles of justice, equity, and the
law of nations, and the stipulations of the said convention. And
ciMktoUtiii-^^® Attorney General shall be, and is hereby, authorized andem-
rioj«d. powered to appoint the clerk of the Attorney General's office, or
any other person, to act as clerk under him. in the performance of
^^^^ the duties prescribed by this act ; and the Attorney General and
the said clerk shall, before entering on such duties, severally take
an oath for their faithful performance.
^2. And be it further enacted, That the Attorney Gene-
o adopt ni . ^j ^|^^|| ^^^ ^^^ ^^^ |^ hereby, authorized and empowered to make
all needful rules and regulations, not contravening the laws of
the land, the provisions of this act, or the provisions of the said
convention, for carrying the said convention and this act into
effect.
iMordi 64NDIOC ^ 3- ^^^ f>^ *' further enacted. That all records, documents,
dT riiJacto'ta**'' ^^^^ papcrs which now are in, or hereafter may come into,
4«nr«rad to At- the possession of the Department of State, in relation to the said
toraojooomL ^ji^img^ g|,j^|| b^ delivered to the Attorney General, who shall
fsMieatioa. forthwith, after the passing of this act, proceed to execute the
duties hereby confided to him, and shall give notice in one or
more of the newspapers published in the city of Washington,
and in such other newspapers published elsewhere as he may
deem necessary, of his appointment to adjudicate the said claims,
iMkiS. ^ ^and requiring the claimants to present their claims and evidence ;
and shall thereafter proceed, with all convenient despatch, to ar-
range and dotket the several claims, and to consider the evi-
dence which shall have been or may be offered by the respective
claimants, allowing such further time for the production of ad-
ditional evidence as he shall coasider reasonable and just ; and
shall thereafter adjudicate and determine the said claims, and
award the ratable proportions of the several claimants in the
sums which may have been received, and which may be hereafter
receivecTby the United States from the Republic of Peru, under
the stipulations of the convention aforesaid. •
Oompwtauon. ^ 4. jind be it further enacted, That the compensation of
the Attorney General and his clerk, for their services in the ad-
judication of the said claims, and carrying the said convention
and this act into effect, shall be as follows, and no more, to wit :
two thousand dollars for the Attorney General, and one thousand
dollars for his clerk, payable out of the first funds received under
the said convention.
AttornoyGooa- ^ 5, And be U further enacted, That the Attorney General
BMmiy^au? shall report to the Secretary of State a list of the several awards
made by him, a certified copy of which shall be transmitted by
the said Secretary of State to the Secretary of the Treasury,
who shall, from time to.time, as they may be received, distribute
Digitized by CjOOQIC
lB4tt Chap 108. 3165
in ratable proportions among the persons in whose favor the '''•rf^*****
awards shall have been made, such sums of money or securities
as may have been received into the Treasury in virtue of the
said convention and this act, according to the proportion which
their respective awards shall bear to the whole amount received,
first deducting such sums of money as may be due to the United
States from said persons in whos^ favor said awards shall be
made. And the said Secretary of the Treasury shall cause cer- s#cwury of
tificates to- be issued, in such form as he shall prescribe, showing oJniSelMla!!!'*^
the proportion to which each claimant may be entitled of the
amount to be received ; and on the presentation of the said cer- p,S***" ** **
tificates at the Treasury, as the oett proceeds of the several in-
stallments may be received, such proportions thereof shall be paid
to the legal holders of said certificates.
^ 6. And be it further enactedy That the S^retary of the iMuiUMot*
Treasury shall cause the several installments, with the interest miJ^ ^ ^
thereon, payable to the United States in virtue of the said con-
vention, or the securities therefor, to be received froqa the Re-
public of Peru, and transferred to the United States, in such
manner as he may deem best ; and the nett proceeds thereof to
be paid into the Treasury, and the same are hereby appropriated
to pay the awards herein provided for. •
4 7. And be it further enacted, That as soon as the duties ^JJjjJ j|j» Jg
hereby prescribed prescribed are completed by the Attorney Gen- BtaudtpaniMot.
eral, the records, documents, and all other papers relating to the
said claims in his possession shall be deposited in the office of
the Secretary of State. Approved, August Sth, 1846.
CHAP. 109. An act to establish an additional land district in Iowa.
I. Beit enacted, SfC, That, for the sale of public lands '" ^J}^^''^'^^
the Territory of Iowa, an additional land district is hereby crea- Mubiitiiid.^''^
ted, comprising all the lands lying between the line dividing
townships seventy-five and seventy-six north, and the line divid-
ing townships eighty-three and eighty-four north, which shall be
called the Iowa district.
^ 2. And be it further enacted, That the President bof and he emma •■«
is hereby, authorized to appoint, by and with the advice and !||l|^^. '^ ^
consent of the Senate, a register and a receiver of the public
moneys for the said district, who shall respectively be required
to reside at the site of said oflice, and who shall have the same
powers, perform the said duties, and be entitled to the same com-
pensation as are or may be prescribed by law in relation to other
land offices of the United States.
^ 3. And be it further enacted, That the President is author- to i
ized to cause the public lands in the said district, with the exemp- ^ '^^
tion of sections numbering sixteen in each township, reserved for
the use of schools, or such other lands as may be selected by law
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 man-
ner and upon the same terms and conditions as the other public
lands of the United States.
Digitized by CjOOQIC
3166 1846 Chap. 109—170.
^•' ^ 4. And be U further enadid, That the Presideot is here-
by authorized to designate the site at which the said office shall
be established, and to remove the same to any other place with-
in said district, whenever, in his opinion, it may be deemed ex-
pedient. Approved, August Bth, 1846.
CHAP. 110. An act to amend the act approved second April, eighteen
hundred and forty-four, entitled *' An act directing the disposition of
certain unclaimed goods, war^p or merchandise seized for being ille-
gally imported into the United States.''
nffiKMition of ^ \. Beit enacted, Sfc, That the provisions of the act enti-
MTUiB uoeWmBd ^1^ J ''An act directing the disposition of certain unclaimed
riii|Kict«d. goods, wares, or merchandise seized for being illegally imported
Aeton844, e. into the United States," approved April second, eighteen hundred
s, ant« p, 3009. ^^ j fofty-four, shall apply to all properly of the appraised vahie
of one hundred dollars or less, anything contained in any other
act to the contrary notwithstanding.
Approved, August 8th, 1846<
CHAP. 170. An act to grant a certain quantity of land to aid in the im-
provement of the Fox and Wisconsin rivers, and to connect the same
Oimnt of Und ^^ ^ can^J in the Territory of Wisconsin.
|n/tiM°F?rMd ^ 1. Be 1^ enacted, 4*c.,^That there be, and hereby is, granted
•eoofio riven, ^^ ^j^^ g^^^^ ^j Wisconsin, on the admission of such Stale into
the Union, for the purpose of improving the navigation of the
Fox and Wisconsin rivers, in the Territory of Wisconsin, and of
constructing the canal to unite the said rivers at or near the por-
lAgc> ^ quantity of land, equal to one-half of three sections in
width, on each side of the said Fox river, and the lakes through
which it passes, from its mouth to the point where the portage
canal shall enter the same, and on each side of the said canal
from one stream to the other, reserving the alternate sections to
the United States, to be selected under the direction of the gov-
t;. 8. to UM iernor of said State, and sVich selection to be approved by the
^I'frZT ttim President of the United States. The said rivers, when improV->
*^' ed, an^ the said canal, when finished, shall be and forever remain
a public highway for the use of the Government of the United
States, free from any toll or other charge whatever for the trans^
portation of the mails, or for any property of the United States
or persons in their service passing upon or along the same : Pro^
vided, The s^id alternate sections, reserved to the United States,
shall not be sold at a less rate than two dollars and fifty cents the
acre : Provided, also. That no pre-emptive claim to the lands
so reserved shall give the occupant, or any other person claioi-
ing through or under him, a right to said lands at any price less
than the price fixed in this act, at the time of the settlement on
said jands.
$ 2. And he it further ena<^ed, That as soon as the Terri-
tory of Wisconsin shall be admitted as a State into the Union,
all the lands granted by this act shall be and become the proper-
Digitized by CjOOQIC
1846. Chap. 170—175. 3157
ly of said State for the purpose contemplated in this act, and no ncrpp^^Vir^ran"
other: Provided, Thai the legislature of said State shall agree "^"^^ ^^xibo price
A • • -. I ^ •/••••• ° , or llie land nt
to accept said grant upon the terms specified in this act; and n"t i>»tiian«ia5
shall have .power to fix the price at which said lands shall be''*^""^"'
sold, not less than one dollar and twenty-five cents the acre ;
and to adopt such kind and plan of improvement on said route
as the said legislature shall from time to time determine for the
best interest of said State. Provided, also. That the lands
hereby granted shall not be conveyed or disposed of by said
State, except as said improvements shall progress : that is, the
said State may sell so much of said lands as shall produce the
sum of twenty thousand dollars, and then the sales shall cease
until the governor of said State shall certify the fact to the Pres-
ident of the United States that one-half of said sum has been
expended upon said improvements, when the said State may sell
and dispose of a quantity of said lands suflicient to reimburse
the amount expended ; and thus the sales shall progress as the
proceeds thereof shall be expended^ and the fact of such expen-
diture certified in the manner herein mentioned. '
<5> 3. And be it further enacted, That the said improvement ci.MownnLnhi.
shall be commenced within three years after the said State shall "f' "•*"" ^ ""''■
be admitted into the Union, and completed within twenty years,
or the United States shall be entitleld to receive the amount for
wl^ich any of said lands may have been sold by said State : Pro-
vided, That the title of purchasers under the sales made by the
State, in pursuance of this act, shall be valid.
Approved, August 8lh, 1845,
CHAP. 175. An act making appropriations for the civil and diplomatic^
expenses of Government, for the year ending the thirtieth day of June,
eighteen hundred and forty-seven, and for other purposes.
<^ 2. And be it further enacted, That in addition to the as- r^ier''T'l^°''
si^tant appraisers, authorized by law at the port of New York^ ^ork aii(iiorizc.T
there may be appointed in the mode now prescribed by law, one
additional assistant appraiser at said port, at a salary, as heretofore
established, of fifteen hundred dollars per annum, to be paid out
of any money in the Treasury not otherwise appropriated : Provid- Provivo.
ed, said salary shall not commence^ or appointment take eflfect,
prior to the thirtieth of November next, and in appraising all goods
at any port of the United States, heretofore subjected to specific «
duties, but upon which ad valorem duties are imposed by the act
of the thirtieth of July last, entitled '^ An act reducing the duty amoc. 74.
on imports and for other purposes," reference shall be had to
values and invoices of similar goods imported during the last fiscal
year, under such general and uniform regulations for the preven-
tion of fraud or undervaluation as shall be prescribed by the Se-
cretary of the Treasury.
^ 3. And be U further enacted. That it shall be lawful for n^d^ or ne-
tbe respective heads of departments to continue in service during ^Sm office^
the current fiscal year the oflicers and persons, and at the salaries TAZg%!']e^\
67
>\v
Digitized by
Google
3168 1846 Chap. 115—176.
»«*''«**^»*®*** and compensations authorized in the act approved tweoty-sixth
of August, one thousand eight hundred and forty-two, entitled
a4uu/^^9a ^^ An act legalizing and making appropriations for such necessary
objects as have been usually included in the general appropriation
bills without authority of law, and to fix and provide for certain
incidental expenses oif the departments and officers of the Gov-
ernment, and for other purposes," and also the clerks aathorized
to be employed in the office of the First GomptroHer of the
Treasury bj the act of June seventeenth, one thousand eight hun-
dred and forty-four, entitled <* An act making appropriations for
the civil and diplomatic expenses of the Government for the
fiscal year ending the thirtieth of June, one thousand eight hun-
dred and forty-five, and for other purposes ;" and also the clerk
in the office of the Second Auditor, authorized by the same act :
prvriM. Provided, That nothing in this section shall be construed to an-*
thorize the empFoyment of ^ny clerks in the statistical branch of
the Treasury Department.
^tlPxiJ^ ^ 4. And be itfwthei^ enacted, That the surveyor general
UwirS mwh^rr'*^^*'^''^®^^ ^^ ^^^ Ohio, under the direction of the President, be,.
»•!• between Mi^ and hereby is, required to cause to be surveyed, marked, and de-
SmlTJiieeb^ signaled, so much of the hne between Michigan and Wisconsin
Ir**BTSe***"anda8 lics betwccn the source of Brule river and the source of Mon-
^ASiitUaJr'' ^^^^ Txver, as defined by the "act to enable the people of Wis-
consin Territory to form a constitution and State government, and
for the admission of such State into the Union ;" and
the expense of such survey sh&ll be paid upon the certifi-
cate* of the said surveyor general out of any money in the
Treasury not otherwise appropriated, not exceeding one thous-
and dollars >
•eSS"pf ^•'iieVa'l 'J' 5- -^nd he it further enacted. That the fourth section of
JFKi w'^lsS! ^'^^ ^^^» ©"titled " An act making appropriations for the civil and
AciQni4a c' diplomatic expenses of the Government for the year ending the
thirtieth of June, eighteen hundred and forty-six, and for other
purposes,'^ passsed third March, eighteen hundred and forty-
live, be, and the same is hereby, repealed.
Approved, August lii)th, 1846.
CHAP. 176. An act making appropriations for the Naval service for the
year ending on the thirtieth June, eighteen hundred and forty-seven.
feSToir'ii?^ * 2. And he it further enacted, That it shall be the duty of
^J^^f tj;the Secretary of the Navy, on the conclusion of the existing war
vai. with Mexico, to reduce the number of petty oflScers, seamen, or-
dinary seamen, landsmen, and boys, herein provided for, to seven
thousand five hundred.
th?1K::fp*{ * 3- ^^ 6« « fwther enacted, That it shall be the duty
Itonphu limited, of the Secretary of the Navy, in the expenditure of the appro-
priations made for the navy yard at Memphis, to confine the same
to the construction of a ropewalk.
nn^^T* wd ^ 4. And be it further enacted, That of the money appro-
MxuciioaaiFortpriated in this act for "pay of the navy/' and « contingent ex-
Digitized by LjOOQ IC
1846 Chap. 176. 3159
penscs enomerated," an amount not exceeding twenty-eight
thousand and two htindred dollars may be -expended, under the
direction of the Secretary of the Navy, for repairs, improvementSi
and instruction at Fort Severn, Annapolis, Maryland.
§ 5. And bent further enacted^ That, «pon application of Tcannfertofap-
the Secretary of the Navy, the President of the United States tfflSd> <i?.'
shall have authority, when in his opinion the exigencies of the***"'*^'
Service require it, to direct that a part of the money appropria-
ted for a particular branch of the naval service be applied to
another branch of the said service ; in which case, a special ac-
count of the moneys thus transferred, and of their application,
shad be laid before Congress before its adjournment, if in ses-
sion, or during the first week of the next ensuing session, if such
transfer be made in the recess of Congress : Provided, That P'o^«w-
nothing contained in this act shall be construed to authorize the
President of the United States to direct any sum appropriated
for improvements at navy yards to be applied to any other object
of public expenditure, or to authorize any sum to be transferred
from any unexpended balance which may be necessary for the
purposes for which the appropriation was originally made, or
from any head or object of appropriation which may require
another appropriation at any future time to supply the deficiency Thu action to
occasioned by such transfer: Provided, also, That this section JR5;^Jon\r*Te«
shall apply to the appropriations for the fiscal year ending June jg^|»« J»" *»»
thirty, eighteen hundred and forty-six, and to no other.
^ 6. And be it further enacted, That, from and after ^hc^^^^p*«P««ij^f«r
))assage of this act, every proposal for naval supplies invited by be acoompaoiod
the Secretary of the Navy, under the proviso to the general iitj."^****"**"
appropriation bill for the navy, approved March third, eighteen
hundred and forty-three, shall be accompanied by a written
guaranty, signed by one or more responsible persons, to the ef-
fect that he or they undertake that the bidder or bidders will, if
iiis or their bid be accepted, enter into an obligation in such time
as may be prescribed by the Secretary of the Navy, with good
and sufFicient sureties, to furnish the supplies proposed. — No
proposal shall be considered, unless accompanied by such guar-
anty. If, after the acceptance of a proposal, and a notification ^.^^onft^^ute^ of
thereof to the bidder or bidders, he or they shall fail to enter into bond and iecurity
an obligation within the time prescribed by the Secretary of the Jir\bSi/Th«'eJ-
Navy, with good and sufficient sureties for furnishing the supplies JJJ^^r^h^Jf eJS!
then the Secretary of the Navy shall proceed to contract with some Vi^^^j^.^""
other person or persons for furnishing the said supplies ; and
shall forthwith cause the difference between the amount contain-
ed in the proposal so guarantied and the amount for which he
may have contracted for furnishing the said supplies, for the
whole period of the proposal, to be charged up against said bid*
der or bidders, and his or their guarantor or guarantors ; and the
same may be immediately recovered by the United States, for the
use of the Navy Department, in an action of debt against either
pr all of said persons. Approved, August lOth, 1846.
Digitized by CjOOQIC
!•>» 1846— ^Chaf. 178.
CHAP. 178. Aq act to establish the " Smithsonian lostitttlion/' for tbe
inck*cas3 aad difiusion ofkaowledge among men.
ritii'^ic, James Smithson, esquire, of London, in tbe kingdom of Great
Britain, having, by his last will and testament. given the whole
of his property to the United States of America, to found at
Washington, under the name of the ''Smithsonian InstitutioD,''
an establishment for the increase and diffusion of knowledge
among men ; and the United States^ having by an act of Con-
gress received said property and accepted s^id trust ; therefore,
for the faithful execution of said trust according to the will of
the liberal and enlightened donor —
^^ I. Be it enacted, fyc. That the President and Vice
Hmuh,ou.u.i I... President of the United States, the Secretary of State, the Se-
iXd?" '''"'• crelary of the Treasury, the Secretary of War, the Secretary
of the Navy, the Postmaster General, the Attorney Generaf^
the Chief Justice, and the Commissioner of the Patent OflEice
of the United States, and the Mayor of the city of Washing-
ton, during the time for which they shall hold their respective of-
fices, and such other persons as they may elect honorary mem-
bers, be, and they are hereby constituted, an '' establishment,"
by tlie name of the '' Smithsonian Institution," for the increase
and diffusion of knowledge among men ; and by that name shall
be known and have perpetual succession, with the powers, limi-
tations, and restrictions hereinalier contained, and no other.
Amouut rectiv. '^ 2. Aud be %i fuHket euuctedy That so much of the ptop-
ed lont lu u.^ti. erty of the said James Smithson as had been received in money,
pJr*ce7t. *i»tcr* and paid into the Treasury of the United States, being the suiil
cjMrom Sopt. J, ^j. g^^ huudrcd and fifteen tliousand one hundred kud sixty-nine
dollars, be lent to the United States Treasury, at six per cent,
per annum interest from the first day of September, in the year
[uteroAt accra. one thousand eight hundred and thirty ^eight, when the samd
Hcxt'iC blVpw ^^s received into the said Treasury; and that so much of the
cr'et-iton on.uiil!- intcrcst as may have accrued on the said sum on the first day ot
udoutttioxlm/" '''"'y "^*^' which will amount to the sum of two hundred and
>otMoa f^p^y^^^Q thousand one hundred and twenty-nine dollars, or sd
much thereof as shall by the board of regents of the institution
established by this act be deemed necessary, be, and the same is
hereby, appropriated for the erection of suitable buildings, and
for other current incidental ex penses^of said institution ; and that
all} appropriate gjx per ccut. interest on the said trust fund, it beinc: the said
ad for the por- » _^ , ,, •/•<• t ■ ."#. •
petuai nuinic- amount of five hundred and fifteen thousand one hundred and
IS^rt^or'^lho'iu- sixty- nine dollars, received into the United States Treasury on
stitutioa. ^i^g ^^^^ ^f geptember one thousand eight hundred and thirty-
eight, payable, in half-yearly payments, on the first of January
and July in each year, be, and the same is hereby, appropriated
for the perpetual maintenance and support of said institution ;
and all expenditures and appropriations to be made, from time
B.ockV"'*?oJ^ivod ^^ ^*^®> ^^ the purposes of the institution aforesaid, shall be ex-
'iciVod [^"Jf ^'"^^*'®'y f*'o»n the accruing interest, and not from the principal of
VU^\oxhovX the said fund. And be it further enacted^ That all the moneys
fiilerortt accru
tag seini-nnnu-
Digitized by CjOOQIC
1846 Chap. 178.
3161
iind stocks which have been, or may hereafter be, received into'»»6a«,ouoiiiore*
the Treasury of the United States on account of the fund be- ^^ ■**'*'"P''*'«»
queathed by James Smithson, be, and the same hereby are, pledg-
ed to refund to the Treasury of the United States thd sums here-
by appropriated.
^ 3. And be it further enacted, That the business of the said ^^^
institution shall be conducted. at the city of Washington by a con»«t«^e^'**"'*
board of regents by the name of the Regents of the " Smith-
sonian Institution," to be composed of the Vice President of the
United States, the Chief Justice of the United States, and the
Mayor of the city Washington, during the time for which they
shall hold their respective offices ; three members of the Senate,
and three members of the House of Representatives, together with
six other persons, other than members of Congress, two of whom
shall be.members of the National Institute in the city of Wa-
shington, and resident in the said city ; and the other four thereof
shall be inhabitants of States, and no two of them of the same ge eno to d«
State. And the regents to be selected as aforesaid, shall be ap- •pj^^^SJ^ow
pointed immediately after the passage of this act — the meml>er8 ^ ^ *"'
of the Senate by the President thereof, the members of the House
by the Speaker thereof, and the six other persons by joint reso-
lution of the Senate and House of Representatives ; and the
members of the House so appointed shall serve until the fourth
Wednesday in December, the second next after the passage of
this act ; and then, biennially thereafter, on every alternate
fourth Wednesday of December, a like number shall be appointed
in the same manner, to serve until the fourth Wednesday in
December, the second succeeding their appointment. And the
Senators so appointed shall serve during the term for which they vacancies bow
shall hold, without re-election, their office as Senators. And «"«'!• '^'^
vacancies, occasioned by death, resignation, or otherwise, shall
be filled as vacancies in committees are filled-^^nd the other six
members aforesaid, shall serve, two for two years, two for four
years, and two for six years ; the terms of service, in the firsi
place, to be determined by lot ; but after the first term, then their
regular term of service shall be six years ; and new elections there-
of shall be made by joint resolutions of Congress ; and vacan*
cies occasioned by death, resignation or otherwise, may be filled
in like manner, by joint resolution of Congress. And the said
regents shall meet in the city of Washington on the first Monday when Ri^Mti
of September next after the passage of this act, and organize by oi^iS^^ *°^
the election of one of their number as chancellor, who shall be chanceiion
the presiding officer of said board of regents, by the nam$Lof the
Chancellor of the '< Smithsonian Institution," and a suitable per-
son as secretary of said institution, who shall also be the secretary secretary!
of said board of regents ; said board shall also elect three of their Exe«out« com.
own body as an executive committee, and said regents shall then "^*'^'
fix on the time for the regular meetings of said board ; and on r^,,^, ^
application of any three of the regents to the secretary of the said cw ueetuicB.'
institution, it shall be his duty to appoint a special meeting of the
Digitized by CjOOQIC
3162 1846 Chap. 178.
board of regents, of which he thsll give notice by letter to eadi
of the members ; and at any meeting of nid board, 6^e shall
Memb«niofthe constitute a quorum to do business. And each nember erf said
S3? ^iiJXS board shall' be paid his necessary travelling and other aotaial ex-
penses in attending meetings of the board, which shall he audit-
ed by the executive committee, and recorded by the secretary of
How payments ^^"^ board ; but his service as regent shall be gratuitous. Aad
are to be made, whenever money is required for the payment of the ^bts or
performance of the contracts of the institution, incurred or eaters
ed into in conformity with the provisions of this act, or for makiag
the purchases and executing the objects authorised by this act,
the board of regents, or the executive committee tbmof^ osay
certify to the chanceHor and secretary of the board, t^t such
sum of money is required ; whereupon they shall examine tfa^
same, and, if they shall approve thereof, shall certify Ahe seme
Board 8hau re- to the proper officer of the Treasury for payment. Aad the aaid
l^n^SST"^ '° board shall submit to Congress, at each session thereof, a report
of the operations, expenditures, and condition of the institution.
iJtX^orbQiw- "^ ^- ^^^ ** *' further enacted, That, after the bdard of
i^—when and rcgeuts shall have met and become organized, it shall be their
^ *^ duty forthwith to proceed to select a suitable site for auch build-
ing as may be necessary for the institution ; which groond may
be taken and appropriated out of that part of the public grooad
in the city of Washington lying between the Patent Office aad
Proviso Seventh street: Provided^ The President of jthe United Stales,
rovieo. ^1^^ Secretary of ^late, the Secretary of the Treasury, the Sec^
retary of War, the Secretary of the Navy, and the CoaMois*
sioner of the Patent Office, shall consent to the same*; bot, if
the persons last named, shall not consent, then such iocatiotf
may be made upon any other of the public grounds within the
city of Washington, belonging to the United Stales, which said
regents may select, by and with the consent of the persons beie^
in named : and the said ground so selected shall be set out by
proper metes and bounds, and a description- of the same shall be
made and recorded in a book to be provided for that purpose^
and signed by the said regents, or so many of them as naay be
convened at the time of their said organization ; and such record,
or a copy thereof, certified by the chancellor and secretary of th^
board of regents, shall be received in evidence in aU coarts of
the extent and boundaries of the lands appropriated to the said
institution ; and upon the making of such record, such site and
lands shall be deemed and taken to be appropriated by force of
this act to the said institution.
Deecri tion of ^ ^* ^^^ *^ it further eMLCted^ That, so soon as the boaid
building* to'^be^ of regents shall have selected the said site, they shall cause to be
erected. « erocted a suitable building, of plain and durable materials aod
structure, without unnecessary ornament, and of saffieieiit sise,
and with suitable rooms or halls for the reception and arimoge-
ment, upon a liberal scale, of objects of natural history, inde^
ding fr geological and mineralogieat cabins ; idso a cbcMsical
labratory, a library, a gallery of art; and the necessary lecture
Digitized by CjOOQIC
1846 Chap. 178. 3163
rooms ; and the said board shall have authority, by themselvesi gen^j^t^friud
or by a committee of three of their members^ to contract for the to comnct for
completion of such building, upon such plan as may be directed •aitabtebuudin/.
by the boafdof regents, and shall take sufficient security for the
building and finishing the same according to the said plan, and
in the time stipulated in such contract ; and may so locate said
buildings if they shall deem it proper, as* in appearance to form
a wing of the Patent Office building, and may so connect the
same with the present hall of said Patent office building, con-
taining the national cabinet of curiosities, as to constitute the
said hall in whole or in part the deposite for the cabinet oi
said institution, if they deem it expedient to do so : Pfovidedf ^tor\^
said building shall be located upon said Patent Office lot, in the
manner aforesaid : ProtmJed, however, That the whole expense
of the building and enclosures aforesaid shall not exceed the
amount of ■ ■ ^ dollars ; which sum is hereby appropriated,
payable out of any looney in the Treasury not otherwise appro-
priated, together with, such sum or sums out of the annual interest
accruing to the instilutiou as may, in any year, remain unexpend-
edf after paying the current expenses of the institution. And
duplicates of all such contracts as may be made by the said board conSSSSf* ^^ te
of regents shall be deposited with the Treasurer of the United ^^?!^}^l^
States ; and ail claims on any contract made as aforesaid shall
be allowed and. certified by the board of regents, or the executive
committee thereof, as the case may be, and, being signed by the
chancellcMT and secretary of the board, shall be a sufficient vouch-
er for settlement and payment at the Treasury of the United
States. And the board of regents shall be authorized to employ „JSS!S^u"F;^"r!
such persons as they may deem necessary to superintend the erec-^^^^^ *'*-
tion of the buildings and fitting up the rooms of the institution.
And all laws for the protection of public property in the city of
Washington shall apply to, and be in force for, the protection of
the lands, buildings, and other property of said institution. And
all moneys recovered by, or accruing to, the institution, shall be
paid into the Treasury of the United States, to the credit of the „^„,y, ^^.
Smithsonian bequest, and separately accounted for, as provided [gr^to the to.mu^.
in the act approved July first, eighteen hundred and thirty-six^mu, the treasury.
Iiccepting said bequest. ^ . ^„ ^. ^^ ^
^ 6. And be U further enaded^ That, in proportion as suit- art,natafaihi-to:
able arrangements can be made for their reception, all objects of g^^?i"ittJu.
art and of foreign and curious research, and all objects of natur- f^ «j^«hinjtoj
al history, plants and geological and mincralogical specimens, be- Jjf^-gaxi ""
longing, or hereafter to belong, to the United States, which may
be in the city of Washington, in whosesoever custody the same
may be, shall be delivered to such persons as may be authorized
by the board of regents to receive them, and shall be arranged
in such order, and so classed, as best facilitate the examination KewspecimMa
and study of them, in the building so as aforesaid to be erected ^^o«»^j,«^^^^^^
for the insUtution ; and the regents of said institution shall after- lycujad and .r-
wards, as new specimens in natural history, geology, or mmearlo-
gy, may be obtained for the museum of the institution, by ex-
Digitized by CjOOQIC
3164 1846 Chap. 178.
changes of duplicate specimens belonging to the institutiorr,
(which they are hereby authorized to make,) or by donation,
which they may receive, or otherwise, cause such new specimens
Mineral, uoVt. to bc also appropriately classed and arranged. And the miner-
Jf jlll!pmuCSK*'*> books, manuscripts, and other property of James Smithson,
mMi*Sf suto w which have been received by the Government of the United
ET removed^ to States,and are now placed in the Department of State, shall be re-
moved to said institution, and shall be preserved separate and
apart from the other property of the institution.
sacmarT of ^ 7. And 6c U fuftker enacted, That the Secretary of the
^[J/Jf^iji^JJl! board of regents shall take charge of the building and property
*Tka a^orcTrf^'^ ^^^ lustitution, and shall, under their direction, make a fair
nrMe«dings; to aud accurate record of all their proceedings, to be preserved by
tibmjr^erand said institution ; and the said secretary shall also discharge the
*"*^cJlf^nttUon duties of librarian and of keeper of the museum, and may, with
marabiJ* by^Ihi ***® conseut of the board of regents, employ assistants ; and^he
iM>ard. said oiEcers shall receive for their services such sum as may be
allowed by the board of regents, to be paid semi-annuilly on the
first day of January and July ; and the €aid officers shall be re-
movable by the board of regents whenever, in their judgment,
the interests of the institution require any of the said officers to^
be changed.
Mamhen and ^ 8. And be U furthef enacted, That the members and hon-
i?<ir*inaT "hfljdorary members of said institution may hold such stated and spe-
S2iihiIJ;''^*'*c>al meetings, for the supervision of the aflfairs of said institution
and the advice and instruction of said board of regents, to be
called in the manner provided for in the by-laws of said institu-
tion, at which the President, and in his absence the Vice Presi-
Annuai appro- dent, of the United States shall preside. And the said regents
JJii*i^ ^forii5l*8h*H make, from the interest of said fund, an appropriation, not
tioo of a library. QjQ^eding an average of twenty-five thousand dollars annually,
for the gradual formation of a library composed of valuable
works pertaining to all departments of human knowledge.
ManaMM an- ^ 9. And be it fufther enacted, That of any other moneys
poM of apappro. which bavc accrued, or shall hereafter accrue, as mterest upon
E3l** '"*•"" the said Smithsonian fund, not herein appropriated, or not requir-
ed for the purposes herein provided, the said managers are here-
by authorized to make such disposal as, they shall deem best suit-
ed for the promotion of the purpose of the testator, any thing
herein contained to the contrary notwithstanding.
FMMoi ukittf ^ 10. And be it further enacted, That the author or propri-
foMwd2*/&S!*to etor of any book, map, chart, musical composition, print, cut, or
wSrubrtruS'Sf ®'^8™^>'*gf for which a copyright shall be secured under the exist-
Si'^^lrtth ubra*. *"8 •^^^^ ^^ Congress, or those which shall hereafter be enacted
ite»«fCoQpefa. respecting copyrights, shall, within three months from the publi-
cation of said book, map, chart, musical composition, print, cut,
or engraving, deliver, or cause to be delivered, one copy of the
same to the librarian of the Smithsonian Institution and one copy
to the librarian of Congress Library, for the use of the said li-
braries.
^ 11. And be it further enacted. That there is reserved to
Digitized by CjOOQIC
1846 Chap. 178—180. 3168
tongreflfl the right of altering, amending, adding to, or repealing of?!feri„JT7J?
any of the provisions of this act: Provided, That no contract, p^j^njr^'-'wt.
or individual right, made or acquired under such provisions,
shall be thereby divested or impaired.
Approved^ August lO^ft, 1846.
CHAP. 180. An act to provide for the payment of the evidences of public
debt ill certain cases.
^ L Be if enacted, fyc. That whenever it shall appear, to the TreS^^r^
satisfaction of the Secretary of the Treasury, upon due proof deem jrtunrj
-,, I • r f 11 notes which hare
taken in the manner hereinafter directed, that any treasury note be«u stolen and
vrhich has been, before the passage of this act, received or re- fioL and aorcka-
deemed by any authorized oflScer of the government has been *^^^^
subsequently purloined or stolen, and put into circulation, with*
out having upon it any evidence or marks of having been cancel-
led, and has been received by any person or institution, for a full
consideration, in the usual course of business, without notice or
knowledge of the same having been redeemed or received ad
aforesaid, or having been concelled, or having been purloined or
stolen as afbresaid, and without any circumstances existing to
create suspicion of the good faith or due caution with which the
same may have been received i>y such person or institution, he
shall be, and hereby is, authorized to cause the amount of such
Bote to be paid to the innocent holder thereof, out of any money
in the treasury not otherwise appropriated : Provided, That the J^^®;;"**^
facts upon which any such payment shall be made shall be proved oairwi to prove
by the oath or affirmation of a credible witness or witnesses, ^^'^'^
taken before any judge of the United States, or of the highest
court df record, or of the presiding j«dge of any court exercising
unlimited jurisdiction in amount, of any State, Territory, or dis-
trict, and of the taking of which testimony due notice shall pre-
viously be given to the district attorney of the United States for
the district in which such testimony is taken, who shall be at lib-
erty to appear and propound questions to such witnesses ; all
which evidence shall be transmitted to the Secretary of the
Treasury, and preserved in his departinent ; and all wilful fals^
sweating upon such examination, shall be and hereby is declared
to be, perjury, and liable to the punishment for that offence
prescribed by the laws of the United States : And provided fur- ^^stot^snttobe
iher, That a statement of all treasury notes paid under the pr6-S>iSrM«.
visions of this act, within the preceding year, shall be submitted
to Congress with the annual report of the Secretary of the
Treasury in relation to the Onances.
^ 2. And be it further enacted, That when any officer <>' officer «d
^ent of the United States, duly authorized to receive, redeem, ^ojaye^orn^y
dr cancel any treasury notes issued by authority of law, has i^- SU be credited
ceived, or shall receive, or has paid, or sha II pay, any treasury wuh^ '»»•♦' ►
note which had been previously received or redeemed by any of-
ficer or agent having authority to receive or redeem such note, and
which bad subsequently thereto been purioined and put into circu-
68
Digitized by
Googk
$iM 1846 CHjkP. 190.— RBSOLUTidiTi i;
htion, the Secretary of the Treasarj, opon full and satisfiictor^
proof that the same bad been received or paid hi good faith, and
onAti lude in tbe exercise of ordinary prudence, may aHow a credit for the
'amount of such note to the officer or agent so receiving or paying
the same and all credits which have, before the passage of this act,
been allowed in such casea, aqd under such ctrcumartances are
.hereby sanctioned.
a«^^o( ^tal ^ ^' "^^^ ^^ ^ further enaded, That afl acU and parta of
Sf^f not 'acted acts heretofore enacted, which are sirppried by thiaactr so far aa
mlfled uid*a^ the samo may not hare been acted on are hereby repeaFed, and so
^"^^ far as they may have been acted on, they are ratified and con-
firmed. Approved^ August lOM, 1846.
RESOLUTIONS. ^
[No« 1.] Joint Resolutkn for the admission of the State ofTexas into the
Union.
fkMBUt. Whereas the Coogrest of the United States, by a joint resolu-
^^jiMgouoB •TiIqq approved Mareb the first,, eighteen hundved and forty-five
did consent that the territory properly included within, and right*
fully bekMiging to, the FepuUic of Texas, might be erected into
a new State, to be called the State of Texas, with a republican
form of government, to be adopted by the people of said repub*
Uc, by deputies in convention assembled, with the consent of the
existing government, in order that the same might be admitted
as one of the States of the Union ; which consent of Congress
was given upon certain conditions specified in the first and se-
cond sections of said ^oint resolution ; end whereas tbe people of
the said republic of Tejtas, by deputies in convention assembled,
#ith the consent of the existing government, did adopt a consti*
tittion, and erect a new State with e republican form of govern*
ment, and, in the name of tbe people of Tezas^ and by their au*
thority, did ordain and declare that they assented to and accepted
the proposals, conditions, and guarantees contained in said first
and second section of said resolution : and whereas the said con*
ititution, with the proper evidence of its adoption by the people
of the republic of Texas, has been transmitted to the President
of the United States and laid before Congress, in confornktty te
the proviaionsof said joint resolution : therefore,
Resi^ved by ihe Stnaie and House of Repreaeniatwes of th€
vuDM adiBittod United States of America in Congress assembled^ l%at the
ittoUMUoioii. g^^^ ^f Texas shall be one, and is hereby declared to be one,
of the United States of America, and admitted into the Union
on an ecpial footing with the original States itk all respects what*
ever.
^ Tobt mttobd ^ S. And be it further reselvedy That until the represent
'MtadTei. '^^tatives in Congress shall be apportioned according to an actual
enumeration of the inhabitants of the United States,' the State
of Texas shall be entitled to choose two representatives.
Approved, December Z9tk, I:84&
Digitized by CjOOQIC
1S46 Resolutions, 8t-4. 3187
{Ko. 2.} Joint Reeoiation relative to the printing and dJBtribntion of the
annual eatimates.
Resolved, ^c, l^at it shall be the duty of the Secretary of gghnaft <<
the Treasury to cause the estinnates of appropriations which he isSpriSSS?*"^
by law required to prepare and submit to Congress to be printed,
and copies of the same to be delivered to the clerK of the House
of Representatives, in time for distribution at the commencement
of each session ; and that the clerk distribute the said estimates
in the manner in which documents printed by Congress are di-
rected to be distributed. . Approved, January 1th, 1846.
{No. 3.] A Resohition to authorize the trajismifision end presentation of
books to the minister of justice o£ Fcance in exchange for books receiv-
ed from him. •
Resolved, fyc, That the librarian of Congress be, and he Ln»nriM or
hereby is, authorized and directed to procure a complete series iud^toVrorarra
of reports of all the decisions of the Supreme Court of tbeJJJSjj^^S'sijf
United States, and of the circuit and district courts thereof, Jjj^ "**^;5!jJJ
which have been heretofore published ; as also a complete ^^opy Couruj^ ^ ud
of the public statutes at large of the United States, now being niniiMrdrjoiOw
edited by Richard Peters, esq. by authority of Congress, the ^ '''*^-
whole to be uniformly bound and lettered ; and to cause the same,
under the direction of the chief justice of the said Supreme Court,
to be transuMtted and presented to the minister of justice of
France, in -rettirn and exchange for works of French law hereto-
fore presented by the minister to the Supreme Court aforesaid.
^ 2. And be Ufv/rther resolved, That for the purpose aforesaid
there be appropriated out of any money in the treasury not other-
wise appropriated a sum not exceeding five hundred dollars.
Approvid, March 4th, 1846.
[No. 4.] Joint Resolution concerning the Oregon Territory.
Whereas by the convention concluded the twentieth day of
October,eighteen hundred and eighteen,between the United States
of America and the King of the United Kingdom of Great Brit-
ain and Ireland, for the period of ten years, and afterwards in-
definitely extended and continued in forqe by another convention
of the same parties concluded the sixth day of August, in the
year of our Lord one thousand eight hundred and twenty-seven,
it was Agreed that any country that may be claimed by either party
on the northwest coast of America, westward of the Stony or Rocky
mountains, now commonly called the Oregon territory, should,
together with its harbors, bays and creeks, and the navigation of
all rivers within the same, be, '< free and open" to the vessels,
citizens, and subjects of the two powers ; but without prejudice
to any claim which either of the parties might have to any part
of said country ; and with this further provision in the second
article of the said convention of the sixth of August, eighteen
hundred and twenty-seven, that either party might abrogate and
annul sud convention on giving due notice of twelve mootbs to
the other contracting party :
Apprortiatlos.
Digitized by CjOOQIC
8168 1846 ^Resolxttions, 4—10.
And whereas it has now become destralue that the respectire
claims of the United States and Great Britain shonid be definite-
ly settled, and that said territory may no longer than need be,
remain subject to the evil consequences of the divided allegiance
of \\B American and British population, and of the confusion
and conflict of national jurisdictions, dangerous to the cherished
peace and good understanding of the two countries:
With a view, therefore, that steps be taken for the abrogation
of the said convention of the sixth of August, e'^hteen hundred
and twenty-seven, in the mode prescribed in its second article,
and that the attention of the governments of both countries may
be the more earnestly directed to the adoption of all proper
' measures for a speedy and amicable adjustment of the differ-
ences and disputes in regard to the«8aid territory :
ihrfr»d'Vo gwi Resolved, ^c. That the President of the United Sutes be,
the GoTernment and hc IS hereby, authorized, at his discretion, to give to the
^ono^oereoJir^ government of Great Britain the notice required by the second
^^iM^^^^^f article of the said convention of the sixth of August, eighteen
the*ibi'oi2teo*Sf hundred and twenty-seven, for the abrogation of the same.
*»»■•«• Approved, April 21th, 1846.
[No 9.] A Resolution in relation to the issuing of grants of certain laada
in Louisiana.
AttoriMy oen- Jtesolved^ &c.. That the Attorney General of the United
idincltonuf/rn States be, and he is hereby, directed to examine the evidences
Hou^'^htDd '^^ of ^i^'^ ^^ ^^^ <^^^ ^^ ^ certain Spanish land claim in the State
toPnoSmvShl^^ Louisiana, lying on the Mississippi, above New Orleans, corner
Jwdiii^"'1*o^'be '"'^"'y '^"^^^ ** the Houma claim, and to report his opinion
fnsiiiut?d to try thcrcon to the President of the United States ; and if, in the
patents aumxra^d Opinion of the Attorn*ey General, any patent or patents issued,
imy io*uw.*^**°' or which may be issued under such claim, shall have been, or
shall be, issued contrary to law, that the President of the United
States be, and he. is hereby, requested to cause proceedings to
be instituted in hehalf of the United States, and to have the va-
lidity of such patent or patents judicially detetmined,
Approved, June 26thy 1846.
nS^o^^^ °' C^®* ^^'l ^ Resolution supplementary to the resolution of February twen^
' tieth, eighteen hundred and ibrty-five, for distributing the works of tblb
Exploring Expedition. •
One copy of the Resolved, fyc., That of the thirty-seven copies of the narrative
ta«'^Exped?n?Jand scientific works of the Exploring Exhibition, deposited, and
tS Stole Sm^rida to be deposited, in the Library of Congress, one copy shall be
tSchTew'^^te presented to the State of Florida ; and whenever any new State
Lereafier. ghall bc admitted into the Union, one copy of said works shall
be presented to such State. Approved, July \5th, 1846.
[No, 11.] A Joint Resolution presenting the thanks, of Congress to Major
General Tayk)r, his officers and men.
Beeolved, fyc, That the thanks of Congress are due, and are
^^ ' Digitized by CjOOQ IC
1846— ^RBSoLUTioKa, 11—14. 3169
hereby tendered, to Major General Zachary Taylor, command- p.J^»>^p«,^^»^
ing the army of occapation, his officers and men, for the fotti-^^^wg^ S^SSl
tude, skill, enterprise, and courage which have distinguished thecenudmen.
recent brilliant operations on the Rio Grande.
And be U further resolved. That Congress sincerely sympa- coiSS?*'^wuh
thize with the relatives and friends of the officers and soldiers of Sen'Sl^'o" hlli«
the army of the United States who so bravely fell in the service ''*»*»'*"»'» ^««i«-
of their country on the Rio Grande. ^^ foregoing
And be U further resolved. That the President of the United reioiutiona to be
States be requested to cause the foregoing resolutions to be com- c^'^!ivi^.'»nd
municated to General Taylor, and through him to the army under {hr^.*^"* ^
his command. president ao-
And be it further resolved, That the President of the United l^^^S^'medirS
States be authorized and requested to have a medal of gold pro- ^^^P^^JfJ^ }^
cured^ with approprrate devices and inscriptions thereon, and ^ name of the
presented to General Taylor, in the name of the Republic, as a ^"
tribute due to his good conduct, valor, and generosity to the van-
quished. Apprwtd, July 16/&, 1846.
[No 12.] ' A Joint ResolutioR to refund to States and individuals ex-
penses incurred -by them under calls for militia and volunteers made by
Generals Gaines and Taylor.
Be it Resolved, SfC. That the Secretary of War be, and be w^'.a7oriJd
is hereby, authorized and required to refund, out of the appro- II^'/'^^^^^moIj'
prialioa niade by the " act providing for the proeecution of the Jj;*^^jJ^^"5^
existing war between the United States and the Republic of Suiog'^in toIoh"
Mexico,'' approved the thirteenth of May, one thousand eight 1^" cefr 'caiM
hundred and forty-six, to the Governors of the several States "^ ^*''*''-
called uDon by General Taylor and General Gaines for vulun-
teers and militia, and also to individuals, (he aoiount of the ex-
penses incurred by said States and individuals, in fitting out and
preparing said volunteers or militia to join the army under the
command of General Taylor, to be settled upon just and equi-
table principles. Approved, July 16/A, 1846.
{No. 14.] A Resolution regulating the printing of Congress, and establish-
ing the compensation for the same.
Resolved, fyc, That from and after the passage of this resolu- thf^pSinSSI '5
tion, the printing of the two houses of Congress shall be sub- ^*^^ ^^'^
ject to the following regulations : When any message, report, or ^
document, communicated to both bouses of Congress, shall be
ordered to be printed by the Senate, the secretary shall ascertain
whether the same has been previously ordered 'to be printed by
the House of Representatives ; and if so, the copies ordered by
the Senate shall be supplied by the printer to the House of Re-
presentatives, for which there shall be no charge for composition ;
and if any such message, report, or document shall be ordered
to be printed by the House of Representatives, it shall be the
duty of'^he clerk to ascertain whether the same has been previ-
ously ordered to be printed by the Senate ; and if so, the copies
^ordered by *the House shall be furnished by the printer to-the
Digitized by CjOOQIC
3170 1846 Resolittions, 14 — 16.
Senate^ and no charge for composition shall be allowed therefor;
and should an additional number of copies of any such document
be ordered by either House, they shall be furnished by the prin*
ter to the House which first ordered the printing of the document,
ttSutSu^mlyand for which no compensation for composition shall be allowed:
Sd* JSTj iSSiiP^ouided, however, That if, for the purpose of despatch, or any
^e^intypein other cause, it shall be necessary to fulfil any order for printing
of either house, of any document which had been previously
ordered to be printed, the committee on contingent expenses of
the house making such order may direct that such document be
again composed, or put into type ; in which case composition
"JJJi^ ««■ shall be charged and allowed. And from the commencement of
the present session of Congress all printing ordered by either
house of Congress, where the number of copies do not exceed
fiye thousand, shall be paid for at a rate of compensation nor ex-
ceeding twenty per centum less than the rates fixed and establish'-
ed by the joint resolution of eighteen hundred and nineteen ;
and when the number of copies shall exceed five thousand, the
compensation shall not exceed thirty-three and one-third per cent-
um less than the rates allowed by the said joint resolution of
eighteen hundred nineteen. And when the committee on con-
tingent expenses of either house shall direct a second composi-
tion, to execute any order for printing, the printing shall be done
BownajMaiMiby the printer to the house making such order; and when any
•bS^ed.*^^ ^order for printing requires maps or charts, the same shall be
obtained under the direction of the committee on contingent ex-
* penses of the house making such order and ail expenses for print-
ing shall be paid from the contingent fund of the two houses,
i&cp«Mw^^fcreach house* paying for the printing ordered by it, except the ex-
paUL^ ^ pense of composition, which shall be paid by the house which
first ordered the document or pap^r to be printed ; and if there
shall be a second composition, it shall be paid for by the house
whose committee on contingent expenses shall authorize and
direct the same ; and when extra copies of any document shall
be ordered by both houses, and the same are executed by the
same printer, ihe copies shall be delivered to the two houses
simultaneously^ in proportion to the whole number of copies
which the houses have respectively ordered.
Approved, July 23d, 1846.
[No 16.j Joint Resolution directing the manner of procuring the printing for
the two houses of Congress.
flMNury of Resolved, fyc, That the Secretary of the Senate' and Clerk of
d^HMt^u'iMi^the House of Representatives be and they are hereby, authorized
vS^J^pSt^^^ required, at the beginning of the final session of every Con-
'^' gross, to advertise for four weeks successively, in all the news-
papers published in the city of Washington, for sealed pro-
posals for supplying the Senate and House of Representatives
respectively, of the next ensuing Congress, with the necessary
What th» ad printing for each ; which advertisement shall describe the kind
SSmST^ "^^of printing and the quality of paper required, as near as may be^
Digitized by CjOOQIC
1846 ^RfisoLUTioir, 16- 3171
in th6 execution of the work ; and said advertiiement shall divide
and classify the printing of the respective houses, as follows :
One of bills and resolutions ; one of reports of committees ; one
of journals ; one of executive documents ; and one for every other
description of printing ; each class to be a separate job, and to
be provided fdr by separate contract. The said advertisement
shall also contain a designation of the place in the said city of
Washington where such sealed proposals shall be received, and
the day and time of day at which said secretary and clerk will
cease to receive any further proposals. And the secretary and
clerk aforesaid shall provide suitable samples of the printing requir- fJl^SS^U^^
ed, and of the paper on which the same is to be executed, to be iiit«hiCi3?**
kept at the place so designated as aforesaid at least twenty days
successively before the time of receiving proposals shall expire,
open to the inspection of all persons desiring to make proposals
for the printing aforesaid, intelligence whereof shall be contain-
ed in said advertisement. Immediately on the expiration of the pr^^ia^^'JilS
time for receiving said proposals, they shall be opened by the ^ •f*"*^
secretary and clerk aforesaid in the presence of the Vice Presi-
dent, or President of the Senate, and the Speaker of the House
of Representatives, and of such persons making proposals as
may wish to be present. And the Secretary of the Senate,
under the supervision of the Vice President or President of ^h«prSit?^i,t
Senate, and the Clerk of the House of Representatives, under •^SbTowwtud'
the supervision of the Speaker, shall thereupon, let each class ''
of said printing to the lowest bidder, who shall furnish satifao-
tory evidence of his practical skill and his ability to do the work,
and who shall offer good and sufficient security for the faithful
execution of the jobs and contracts undertaken by him. And ^ _,
thereupon the Vice President or President of the Senate and itssJ^
secretary, and the Speaker of the House and its clerk, shall pro-* ^
eeed to take bond's, with good and sufficient security, for the due
and faithful performance of the work ; and the officers aforesaid printiuto -
shall immediately thereafter report to their respective houses all [ST^ ^
such lettings of printing, and the contracts relating to the same : ^nf\»
Prouidedf That the said proposals shall remain sealed until the
time appointed for examining the same.
^. 2. And be it further resolved^ That a committee, consisting j^,|^
of three members of the Senate and three members of the House y^?- frtBdoi^
of Representatives, shall be chosen by their respective Houses,
which shall constitute a comnfittee on printing, which shall have ,^^
power to adopt such measures as may be deemed necessary t<y re- iiia i ^
medy any neglect or delay on the part of the contractor to ex«
cute the work ordered by Congress, and to make a pro rata
reduction in the compensation allowed, or to refuse the work alto-
gether^ shod^d it be inferior to the standard ; and in all cases,
the contractor and his securities shall be responsible for any ui'^
creased expenditure consequent upon the non-performance of the
contract. The committee shall audit and pass upon all accountf
for printing ; but no bill shall be acted upon for w<Mrk that is not
Digitized by CjOOQIC
3179 1846 — -R£80LirrioNd» 16—20.
* aetaallj executed and d0liveredj and which tbejr may require M
be properly authenticated.
pnn'uif''"exS![ ^ 3' ^^^ ^ ^ fwtheT resolvBd, That aH motiona to print
nSn^ uf^co^ extra nambers of any bill, paper, or document, in either house,
nitt^ of H^^Te shall be referred to the members of the committee of that hoase
wh«re made, ^j^^ ^j^^jj ^^p^^j ^p^^j ^j^^ propriety of printing, and the probable
prinuSt^w^^ expense thereof, as early as cooTenient. And all expenses for
^^^' printing shall be paid from the cobtingeot fond of the two
Houses, in proportion to the number of copies ordered by each)
Bztn eopiM. except the expense of composition, which shall be paid by the
house which shall have 6rst ordered the printing of the paper or
document ; and if there shall be a second composition, it shall be
paid for by th^ house which shall authorise and direct the same ;
and when extra copies of any document or paper shall be ordered
by both houses, they shall be delivered to the two houses simul^
taneously, in proportion to the number of copies by them respeo^
tively ordered,
lupeai ef lawi ^ 4. And be U further resolvedy That all laws and parts of-
thte^^inuor.!^ laws now in force, not in conformity with the provisions of this
joint resolution, be^ and the same are hereby, repealed.
Approved, August Bd, 1846.
fNo. 30.] Joint Resolution directiDg the. payment of certain voiuntesn
and militia, under the limitations therein prescribed*
caruin Toian- BescHved, ^c.y That the Secretary of War be, and be is here-
taera called out by, autborizcd and required to cause to be paid, out of the ap«
and received into -^ » . . • i_ ^i? -. -j- # ^i .• ^ ^
■ervtoe ander or propnation made by the act providing for the prosecution of the
to bls^^pl^d^tTrexisting war between tJie United States of America and the Re-<
ta\a^<?Su^^i3! public of Mexico, approved the thirteenth day of May, one thou-
^^' ' sand eight hundred and forty-six, to the volunteers and militia,
called and actually received by virtue of the orders of General
E. P. Gaines into the service of the United States during thef
present year, and discharged before joining the army, and such
companies as were actually organized and rendezvoused under
said call, including the two companies of Major Grally's com-
mand, and the company at Baton Rouge arsenal ; and also the
company of Mississippi volunteers, (Natchez FenciUes,) and al-
so the company of Mississippi volunteers, (Pontotoc Rovers,) or-
ganized and assembled at Vicksburg, and afterwards disbanded
or discharged, and the comi>anies of Ohio Tolunteers assembled
at camp Washington, near Cincinnati, and who claim to haver
been mustered into service, one day's pay and allowances for
every day detained in service, and the usual travelling allow*
Where iodivido- •Hccs, and uo moro. And further, that where States or indivtd^*'
ato or States have ualfl bavc paid tho expcnsos or provided the means of tra nsporta«r
P>Tid2''*^D? tion of volunteers to the place of rendezvous, and ftftnished sub-
K^to'torefotd' sistenoe or clothing, the proportional amount thus furnished to
^ each man, not exceeding the legal allowance to each, may be
charged on the pay rolls, and withheld and paid to the State or
individual who actually provided the same. And further, that
Digitized by CjOOQIC
^m^
1846 ttssoLUTiONSi 20—23. dl99
%tien surgeons and assistant surgeons have attended regitnents^r ^^^liT^llS
of volanteers to the time when medical ofBters, duly appointed *'*'^""!:'^7Jf*'^
by the United Staled, entered upon their duties Dvtih said rcgi- iiulrt«^iu» "
ments, they may receive the same rate of compensation, ^n^j •«'«*«*™»^*'**-
to a like number as provided for by law ; and persons doing the
duties of assistant quartermasters and assistant commissaries, un«
der like circumstances, may in tike mannlsr, receive the same
rate of compensation, and to a like number, as authorized by ex-
isting law. Approved y August 8ih, 1847.
' ■ ■ I ■ III -■■■■I ■ t
{No. 23b] A Resolution appoizUsog regents of the Smithaotuan institatlon,
Besohedy 4*€., That Rufos Choate, of Massachuaetts, Gideon gJJJ^^Jd^^ilS!!
Hawley, of New York, Richard Rush, of Pennsylvania, Wil-autauon.
liam C. Preston, of Sooth Carolina, and Alexander Dallas fiacbe
and Joseph G. Totton, residenu of the city of Washington, be«
and the same are hereby, appointed regents of the Smithsoniaa
institution, in accordance with the provisions of the act estab^
tishiqg said institation^ Apptoved, August lOth, 1846i
69
Digitized by LjOOQIC
I8i6. ACTS OF THE TWENTV-NINTH CONGRESS
or
THE UNITED STATES ;
Passed aathe Second Seeexon, which was begun and held at the
City of Washington^ in the District of Columbia^ on Mon-
daify the ssDstiih day qf December^, one thousand eight hun^
dred and forty-six.
Jamkb K. Pols, Prendent. George M. Dallas, Vice Presidenf.
John W. Dav^is, Speaker of the House of Representatives.
CHAP. 180. Aq act for the admiasion of the State of Iowa into tBe
Union.
AeToTiMe. Wbereas the people of the Territory of loWa did, on the eight-
«,uiMp. 8057. . ggij^jj jjjy ^f May, anno Domini eighteen hundred and forty-
j^^jgi^ six, by a cooYenlion of delegates called and assembled for
that purpose, form for themselves a constitution and State gor-^
ernment — which constitution is republican in its character
and features — and said convention has asked admission of the
said Territory into the Union as a State, on 6n equal footing
with the original States, in obedience to << An act for the ad*
mmion of rtie States of Iowa and Florida into the Union,''
approved March third, eighteen hundred and forty-(i¥e, and
^* An act to define the boundaries of the State of Iowa, and
to repeal so much of the act of the third of March, one thou-
sand eight hundred and forty-five, as relates to the boundaries
of Iowa,'! which said last act was approved August fourth^ an-^
no Domini eighteen hundred -and forty-six : Therefore,
loSr ^tt^ ^ ^^- Beit enacted by the SsnaU and Bouse of Represent
iDMthtUflioiu tativesofthe United States of America in Congress assembledy
That the State of Iowa shall be one, and is hereby deckied t»
be one, of the United States of America, and admitted into the
Union on an equal footing with the original States in all respects
whatsoever,
•f u!?*?rSSS! * 2- ^^^ *« ^ further enaeted. That all the provisions of
^'^^121^^0^ <' An act supplemental to the act for the admission of the States
tnii font. of Iowa and Florida into the Union," approved marcb third,
eighteen hundred and forty-five, be, and the same are hereby,
declared to continue and remain, in full force as applicable to the
State of Iowa, as hereby admitted and received into the Union.
Approved, DecenAsr 28th, 1846.
Digitized by CjOOQIC
1847 Chap. 190— 19S. 3175
CHAP. 190. Ad act to encourage enlistmenta in the regular afmj»
^1. BeU enaciedy ^c,Tbat, during the continuance of the .^wm or «i«
war with Mexico, the lerm of enlistment of the men to be re- mibS! '^
cruited for the regiments of dragoons, artillery, infantry, and ri-
flemen df the firesent military estaUishment^hall <' be during the
war," or five years, at the option of the recruit, unless sooner
discharged.
^ 8. And be it further enacted, That there shall be allow- J^7 ^ ^
ed and paid to every able-bodied roan who shall be duly enlisted
to serve in the artillery- or infantry for the term of five years, or
during the war, a bounty of twelve dollars ; but the payment of
six dollars of the said bounty shall be deferred until the reci'uit
shall have joined for duty the regiment in which he is to serve.
Approved^ January lOth, 1847.
CHAP.* 191. An act declaring the assent of Congress to certain States
to impose a tax upon all lands herea(\er sold by the United States there-
in, from and afler the day of such sale.
^ t . Beit enadedy ^c, That the assent of Congress is here- * csmuio statM
hy giv^n to the several States admitted into the Union prior to i^'^m m
t^e twenty-fourth day of April, in the year of our Lord one thou- SidTj^rtT^
sand eight hundred and twenty, to impose a tax or taxes upon SSSJamtaT****'
all lands hereafter sold by the United States, in said States, from
and after the day of such sale : Provided , That the assent here- Prortoo.
by given shall in nowise impair that provision of the compact
with the said States which declares tliat all lands belonging to
citizens of the United States residing without the said States
shall never be taxed higher than lands belonging to persons re-
siding therein. Approved, January 26th, 1847.
CHAP. 193. An act authorizing the issue of Treasury notes, a loan, and
for other purposes.
%\.B€%t enacted, fyc. That the President of the United aq^ tan* ar
States is hereby authorized to cause Treasury notes for such sum SiSStKii- *^**'
or sums as the exigencies of the Government may require, but
not exceeding in the whole amount of notes issued the sum of
Iwenty-three millions of dollars, and of denominations not less
than firty dollars for any one note, to be prepared, signed, and
issued in the manner hereinafter provided.
<} 2. And be it further enacted, That the said Treasury notes ^ ^ ndMm-
authorized to be issued by the first section of this act shall be*2j ^ultaS?
reimbursed aitd redeemed by the United States, at the Treasury mi* «^
thereof, after the expiration of one year or two years from the dates
of said notes respectively ; from ;which said dates they shall bear
such interest, until they shall be respectively redeemed, as shall
be expressed upon the face of said notes ; which rate of interest
upon each several issue of said notes shall be fixed by the Secre-*
tary of the Treasury, by and with the advice and approbation of
the President ; but shall in no case exceed the rate of interest
6f six per centum per annum : Provided, That, after the malu*
Digitized by
Google
317^ 1847 Chap. 19*
rity of Htif of the said notes, such interest shall cease at the ex^
piration of siity days' notice, to be giren ai any time by the Sjec-*
retary of the Treasury, in one or more of the principal papers
published at the sent of Groveroment, of a readiness to redeem
the same. The reimbursement herein 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 (he interest which may be due
thereon at the time of ^ payment* For this reimbursement, at
the time and tiroes herein specified, the faith of the United States
Is hereby solemnly pledged.
BowMdimtet ^ 3. And be U further enacted, That the said Treasury notes
SSi^'mSSuSa shall be prepared under the direction of the Secretary of the
^« Treasury, and shall be signed, on behalf of the United States,
by the treasurer thereof, and countersigned by the Register of
the Treasury } and that those officers respectively shall, af checks
upon each other and to seeure the public safety, keep separate,
full, and accurate accoimts of the number, date, denomination,
and amount of al) the notes signed and countersigned by them
respectively ; which said account shall be entered in a book or
books, to be provided for that purpose, and carefully preserved
in the Treasury Department j and also similar accounts, kept
und preserved in the same manner, of all the said notes redeemed ,
as the same shall be returned and cancelled ; and the Treasurer
shall further account, quarterly, for all such notes delivered to
^rnranr tad him for signature or issue by the Register. The Treasurer and
hSS^S ^pSi Register of the Treasury are hereby authorised, by and with the
^'d!^^;!'''^^ consent ^nd approbation of the Secretary of the Treasury, to
employ such additional temporary clerks as the duties enjoined
vi«vi«Ot upon them by this act may render necessary : Provided, Said
number shall not exceed five, and with a salary of not more thaa
l^t the rate of twelve hundred dollars to each per annum.
4 fKNTiiM df ^ 4. And be it further enacted, That the Secretary of the
bS^teiud to m> Treasury is hereby authorized, with the approbation of the Prest
d!i7^7''^e u?" i4ent of the United States, to cause to be issued such portion of
^y^y*^ the said Treasury notes as the President may think expedient in
^/4 on tiMir payment of ^ebts due by the United States, to such public credi-
tors, or other persons, as may choose to r.eceive such notes in
payment as aforesaid, at par. And the Secretary of the Treasury
js further authorized, with the approbation of the President of
the United States, to borrow from time to time such sums as the
pn^im. Presid<3nt may thjnk expedient on the credit of such notes : Pro-
pidedj however^ That no Treasury notes shall be pledged, hy^
pothecated, sold, or disposed of in anywise, for any purpose
i^hatever, directly or indirectly, for any sum less than the amount
of such notes, including the principal and interest thereon, when
disposed of.
*• 4 6. And be it further enacted, That the said Treasury notes
shall be transferable, by delivery and ^ignment endorsed thereon,
by the person to whose order the same shall oq the f$ice tl^ereof
have been made payable^
Digitized by CjOOQIC
1847 Chap. 193. SI 77
^ 6. And he it further enacted^ That the said Treasury notes . ^^^ ^ neeirad
shall be received in payment of all duties and taxes laid by the i"»^«^"**" ^xi"
BOthority of the United States, of all public lands sold by the united s"tli^/^*
said authority, and of all debts to the United States of any cha-
racter whatsoever, which may be due and payable at the time
when said Treasury notes may be so offered in payment ; and •
on every such payment credit shall be given for the amount of
the principal and interest which, on the day of such payment,
may be due on the note ot notes thus given in payment.
^l.^AndbeUJurther enacted. That every collector, receiv- HowCoik»to«
er of public moneys, or other officer or agent of the United Slates JShH?"**^!.;^
shall, on the receipt of any Treasury notes in payment for the ;itili!?^ji,"„u
Crovernment, take from the holder thereof a receipt onllhe back ^eoi mj ™"
of each of said notes, stating distinctly the date and the amount <ot uw"m^«?"°^
received, and shall keep, according to such forms as shall be pre-
scribed by the Secretary of the Treasury, entries of whom receiv-
ed, the number, date, and respective amounts of principal and
interest of each and evefy Treasury note thus received ; and, on
delivering the same to the Treasury, shall receive credit for the
aniount paid^ as prescribed by the last section, provided no error
shall appear.
^ 8. And be it further enacted, That the Secretary of the How «nd wImh
Treasury be and he is hereby authorized and directed to cause toKi''*' "w*""^"^
be reimbursed and paid the principal andjnterest of the Treasury "**'*"^*
notes which may be issued by virtue of this act, at the several
time and times when the same, according to the provisions of this
act, should be thus reimbursed and paid. And the said Secre-
tary is further authorized to make purchases of the said notesxat BMretarj3fiii«
par for the amount of the principal and interest due at the time ^,74" ",'J JJJJ
of purchase on such notes. And so much of unappropriated °<»^'*
money in the Treasury as may be necessary for that purpose is
hereby appropriated for paying the principal and interest of said
notes. #
^9. And be it further enacted, That if any person shall f„^;j"i\j^
falsely make, forge, or counterfeit, or cause or procure to be iMioiunf.
falsely made, forged, or counterfeited, or willingly aid or assist
in falsely making, forging, or counterfeiting, any note in imitation
ofy or purporting to be, a Treasury note aforesaid ; or shall fal-
sely alter, or eause or procure to be falsely altered, or willingly
aid or assist in falsely altering, any Treasury note issued as afore-
said ; or shall pass, utter, or publish, or attempt to pass, utter,
or publish as true, any false, forged, or conterfeited, note, pur-
porting to be a Treasury note as aforesaid, knowing the same to
be falsely forged or counterfeited ; or shall pass, utter, or publish
as true, any falsely altered Treasury note issued as aforesaid,.
knowing the same to be falsely altered, every such person shhll
be deemed and adjudged guilty of felony ; and, being thereof
convicted, by due course of law, shall be sentenced to be impris-
oned and kept at hard labor for a period not less than three
years nor more than ten years, and to be fined in a sum not ex-
ceeding five thousand dollars. m
Digitized by CjOOQIC
31*8 1847 Chap. 193.
JSSH^fx Jjl ^ 10. And be it further enaded. That, if any person shall
fraving ray ■!•- make Of cngrave, or cause or procure to* be made or engraved, or
with inteot to shall havc m his custody or possession any meialiic plate engrav-
iS!ivin^or*«Hiii" ed after the similitude of any plate from which any notes issued
torieuinf, as aforesaid shall have been printed, with intent to use such plate
or cause or suffer the same to be used, in forging or counter-
feiting any of the notes issued as aforesaid, or shall have in hts
custody or possession any blank note or notes, engraved and
printed after the similitude of any notes issued as aforesaid, with
intent to use such blanks, or cause or suffer the same to be used
in foiging or counterfeiting any of the notes issued as aforesaid,
or shall have in his custody or possession any 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 suffer the same to be used, in forging or counter-
feiting any of the notes issued as aforesaid, every such person,
being thereof convicted by due course of law, shall he sentenced
to be imprisoned, and kept to hard labor, for a tQrm not less
than three nor more than ten years, and fined in a sum not ex-
ceeding five thousand dollars.
TiM 8m* of iiM ^ ^ !• ^^ ^^ ^ further enacted^ That the Secretary of the
Trauury' aotho Treasury t>e, and he is hereby, authorized to make and issue,
iMue iMnSoUMt, from time to time, such instructions, rules, and regulations to
MiiMtor^MW*^ the several collectors, receivers of public money, depositaries,
ilStt5j!***i""ta **^d all others who may be authorized to receive the said Treasury
nf? i^ J^ notes on behalf of, and as agents in any capacity for the United
Miu^'Mtiin, States, as to the safekeeping, disposition, return, and cancelling
maim!^^^^ ^'of the Said notes so paid to and received by them, respectively,
and as to their accounts and retorns to the Department of such
receipts, as may seem to him best calculated to promote the
public interests and convenience, and secure the United States
and the holders of the notes against fraud and losses.
^ ^ 12. And be it further enadedy That, in lieu of the notes
Mj iMjhMtd io authorized by this act, which may be redeemed, other notes
itdaaiMd. "^^may be issued : Provided^ however , The amount of such notes
ProTiM. outstanding, together with the stock issued by virtue of the
thirteenth and sixteenth sections of this act, shall not exceed the
sum of twenty-three millions of dollars.
^^ ^ '^ 13. And be it further enadedy That it shall be lawful for the
DotM iMf in«- holders of the aforesaid Treasury notes to present them at any
ul!ll|*7 mi^ time to the Treasury of the United States, or to any assistant
cLm*^^ a!^^ treasurer,' or to such collectors of the customs and receivers of
•toe^ public moneys as may be designated By the Secretary of the
Treasury ; and the holders of the said Treasury notes shall be
entitled to receive therefor the amount of the principal of the
said notes in a certificate or certificates of funded stock, bearing
interest at six per centum per annum, from the date of such
presentment of said Treasury notes, and for the interest shall be
paid in money ; and the stock thus to be issued shall be transfer-
piotiM. ^^1® ^» ^^^ books of the Treasui:y : Proindedy hawewr^ and be
U further enaded, That it shall be lawful for the United States
Digitized by CjOOQIC
1847 Chap. 193. 3179
to reimborse the stock thas created at any time after the last day
of December, 'one thousand eight hundred and sixty-seven.
^ 14. And be it further enacted^ That it shall and may be^^j^'' ^
lawful for the holder of any Treasury noles issued, or authorized tn^'oWtbi!!
to be issued, under this act or any laws heretofore passed, to con- S«rJoowr ffi
Tert the same into certificates of funded slock, upon the same ~S! *S** "i^
terms and in the same manner hereinbefore provided in relation'**'*^
to the Treasury notes authorized by the first section of this act.
^15. And be it further enacted, That the authority to wsae^^lJj^y/i'^J'
Treasury notes authorized by the " Act authorizing an issue ofi^toT'othe^Toir
Treasury notes and a loan," approved July twenty-second, oneix»aSd*J^
thousand- eight hundred and forty-six, be, and the same is here- SruriSJi^jS
by, extended to the same period fixed for the Treasury noles i^?^^"** ^ ^^
authorized by this act, and upon the same terms and conditions
herein specified : Provided^ That the Treasury notes authorized PntIm.
by this section shall not exceed five millions of dollars.
^ 16. And be it further enacted, That the President, if in Th. Pmid^ni
his opinion it shall be the interest of the United States so to do, STJini'thTtiMSf
instead of issuing the whole amount of Treasury notes author- JSJSLiS'b!*'!?!
ized by t^e first section of this ^t, may borrow, on the credit of ^'^ ^' «r uii«
.the United Slates, such an amount of money as he may deem aaonnt oTniMlfy
Iproper, and issue therefor stock of the United States bearing in-p'ofli?.'^^'^'**
terest at a rate not exceeding six per centum per annum for the
sunn thus borrowed, redeemable after thirty-first December, eight-
een hundred and 'sixty-seven : Provided, however. That the sum pmvImv
so borrowed, together with the Treasury notes issued under the
first and twelfth sections of this act outstanding, and the stock
created by this and the thirteenth section of this act, shall not
in the whole exceed the sum of twenty-three millions of dollars :
And provided further, That no stock shall be issued at a less
rate than par.
§ 17. And be it further enacted. That the interest on the ^SS^^iJSii^ *.
stock created by this act shall be payable semi-annually on the
first days of January and July in each year.
^ 18. And be it further enacted. That the certificates of
stock to be issued under this act shall be signed by the Register ^S^dudT^*^
of the Treasury, and the Secretary of the Treasury lihall cause
each of said certificates to be sealed with the seal of his Depart-
■lent.
^19. And be it further enacted, That for the payment of i>k7nwtort]N<
the stock which may be created und^r the provisions of this act, tmM or^Zf m^
the sailes of the public kgids ^jre hereby pledsed ; and it is here- ' '
by made the duty of the Secretary of the IVeasury to use and
apply all moneys which may be received into the Treasury for
the sales of the public lands after the first day of January, eight-
een bandred and forty-eight, firsts to pay the interest on atf
stocks issued by virtue of this act ; and, secondly, to use the
• balance of said receipts, after paying the interest aforesaid, in
the purchase of said stocks at their market value, provided no
nsore than par shall be paid for said stocks.
^30. And be UJurther enacted^ That a sum not ezeeediog
Digitized by CjOOQIC
3180 184r Chap. 193^194.
for ^^'^pUS^ri^, twenty thousand dollars, to be paid out of any unaiipropriated
D?iotiiiff. eograr* money in the Treasury, be, and the same is hereby appropriated,
"•* **■ for defraying the expense of preparing, printing, engraving, aod
otherwise incident to the issuing of the Treasury notes aod
prorbo. stock authorized by this act : Provided, That no compensalioo
shall be made to any officer whose salary is fixed by law, for pre-
paring, signing, or issuing Treasury notes, or certificates of
stock.'
Th«86o*yo(tha <^ 21. And bt it further enacted. That it shall be, and hereby
ISSShiZ'^riris, made the duly of the Secretary of the Treasury to causes
BMot^to be pai»- statement to be published monthly of the amount of bH Treaso*
ry notes issued or redeemed in pursuance of the provisions of
whMth* paws this act; and that the power to issue Treasury notes, conferred
0ot^ mSuo^. on the President of the United States by this act, shall cease snd
determine six months after the exchange and ratification of a
treaty of peace with the Republic of Mexico.
<^ 22. And be it further enacted, That it shall be the doty
Tbe8M*yortheof the Secretary of the Treasury to report to Congress at the
^Tong^!^^ comnrsencement of each session the amount of Treasury notes
II^'L^'^Pdou! which have been issued under the provisions of this act ; the
«?,"^*porobI^i amount redeemed, and the manner in which redeemed ; the
*^ 'amount purchased, and of whom, and at what time purchasedgf
and the amount reissued, stating in lieu of which redemptiotf^
they are leissued, with the date of such reissue, during the pre^
ceding year. Approved, January 28th, 1847.
CHAP. 194. An act to provide for the establishment of additional post
routes in the State of Texas.
Addkionai Dott ^1. Be U cnoctcd, fyc, That the following additional port
toaiM eitaulyh. ^utes bc established in the Slate of Texas :
From Sabine city, via Beaumont, Jasper L. NonrilPa, and J.
• Kendrick's, to San Augustine.
From Lyons Post Office, in Louisiana, via Salem and PatiUo^
to Beaumont
From Alexandria, Louisiana, via Burr's Ferry, on the' Sabine
river, and the county site of Newton, to Jasper.
From Nacogdoches, via county site of Angelina, to coooty
site of Tyler.
From Sabine town, via Pendleton and Hamilton, to Sbdbjw
ville.
From Crockett to Palestine^
From Shelbyville, via Henderson, to the county site of Smith. *
From Shelbyville, via Colonel £(. C. Ashton's, Logai»port,and
McMillen's, to Pulaski.
From Greenwood, Louisiana, m Sheenick's Ferry and River's
Landing, to Moore^s Post Office, and from Shreeveaport, Tia Port
Caddo, to Jefierson, in Cass County.
From Nacogdoches, via county site of Cherokee, Ang^'f/ *
Palestine, and the county site of Henderson, to l>aUai«
From Jefferson, in Cass county, via the county site of Caa^
Digitized by LjOOQIC
i84Y-—^CHAF. 104-196. ftl81
Wa Dtngerfield, the county site of Titus, (Mount Pleasant,) ttie
county site of Hopkins, (Taftant,) and the county site of Hunt
Co .Dallas. * •
From Bonham, via tV^arren, to couniysite of .Grayson, (Sheir-
jnan,) and from Sherman, via Pinckneysvilie, to Stewnrtville ;
iknd the existing route from Bonham to Dallas shalFbe so chang-
ecf as to pass (.hrpugh Budhier, Stewartville, and Cedar Spring.
From Marshall, via county site of Upshur and the cttunty site
of Henderson, to Buffalo, on the Trinity.
. F^a|^ county site of Upibhur, via county site of Titus, to
Clarksvme, ancf from Paris to Tarrant.
From county sita of Cherokee, via the " Saline (NechAs)" ani^
me county site of Smith, to county site 6f Upshur.
From Galveston to Sabine BM^I.
From Houston, via Linchburg and 'Cedar Bayou to Liberty.
From Austin, via San Marco And New firaudlfeis, to San An*
tonio.
From La Grange, via Lyons, Chaudoin's, Hallett's^ Peters-
Victoria.
Victoria, to Port La Bacica.
^^ rroin iruri ua i9aci;H, via Indian Point and £or( Caballo, to
^Mtatagorda.
^^ From Galveston, Via Sprinflteld and Shelton's, to Cbamber'l
Creek.
From Victoria, via Goliad, Refugio, and San Patricio^ to Cor-
1^ ptis Christi. m • ; ^^
From Brasps Santiago, via Point Isabel, to Fort Brown:
From Corpus Christi to Brasos Santiago.
From Austin to Fredericksbtfrg.
•From San Antonia to Castrbviiie.
^\2. Whereas the following routev have been put in opera- i^^JSai '*'***
4100 by the agent, under a misconstructioi^of the kuir, viz t from
Crockett to Fort Houston ; from Columbia, via Hinds, Liverpool,
(Etnd Parker's Point to Galveston ; from Port La Bacca, via Vic-
toria and Cuero, to Gonzales ; frdni Matagorda to Port Cabaljo ;
fiu>ns Port Cabalio, td Port La Bacca, Be U fwrth^ en(Ui€d^
ftat they are hereby legalized by this act up to the tfflle the new
lroute%pstablisbed by this act go into operation, irhea they shaM
4»^ib. Approved^ February 2d, 1847. ^
Cit AI^. 195. A^ act to provide for the payment of any interest falling
^ due on the public d^hti
^ I. Be ii enacted, ^c.. That ttie Secretary of the Treasury £>>/»•»« pro-
be, and he is hereby, authorized and directed to cause to be paid, i!!rMt SuSc <&
iMi of any money in tbe Treasury not otherwise approDriated,2^^ '"^'^
any intereit falling doe or accruing on, any portion of the ptib-
lie debt authorized by law. Apprffved, Febrifrry 9|&, 1847.
70 J
Digitized by LjOOQ IC
3182 1847— =-Chap. I9tf.
CHAP. 196. An act to raiae, for a IMted tine, no additional mU^UiTf
force, and ior oth«r purpoeea.
Om tHteot ^1- ^* *^ enacted, fyc, That in addition to the present
«r drftfooM a^^military establrahment of the United Stales, there shall be raised
Si£itJy*"S'"b»aiid organized, nqder the drrection of the President, forirnd dur-
'*^'*^ ing the war v^ith Mexico, one regmiept of dragoons and nine
regiments of infantry, each to be composed of the same number
and rank of commissioo^d and non-commissioned officers/ bu-
glers, musicians and priYates, &c., as are provided for a regiment
of dragoons and infiantr? reflectively, under existing lipivs, and
#ho ahall receive the same pay, rations, and allivwances, accord-
^ing to tbeir respective grades, an(f be jnibject to the same regHr
lations, and to the rules and articles of war : Provided, That it
shall be lawful for the PresideMof the United States alone to
appoint such of the^ commissioned officers authorized by this act
below the grade of field officers, as may not be appointed during
F»viMH the present session : Provided^ That one or jpore of the regr-
ments of infantry'authorired to* be raised by tMs s^tion rti^, at
the discretion qf the President, be orguniapd and' equippe4 a#
voltigiiers, and as foot riflemen, Md be provided withJn rockei
tnd mountafa towitzer battery. ^k
farm cT «•• ^ ^* ^^^ ^ ^^ fwihtf enocted. That during the continaancoiV
AgtakDi. of the war with Memca, the term of enlistment of the men to b« J
recrtiited for the regiments authorized by this act, shall be during^
the war, unless sooner dischHrged.
mSS i^S^ ^ ®* ^'^^ ** ^ furttuf enactedy That the President of the
tcSCImi^ aqUm- United States, be, and be is hereby authoriaed, by*and with the
****^ advice and consent of the Senate, to appoint one additional,
major to each of the regiments of dragoons, artillery, infantry,^
and riflemen, in the army of the United States, who shall W
taken from the captains oY the army.
M iHtaiMui ^ 4. And be UfuHfiker enneted, That to etfch of the regiment!^
g!Jj;y^'^*i of dragoons, artillery, infantry, and riflenmn, there, shall be al-
ngimMt. lowed a regimental quartermaster, to be taken from the subat^
terns of the line, who shall bd allowed ten dollars additional pay
per moothj and forage for two horses.
Tk« ofliom A ^5. And be it further enacted, That the said officers', mu-
^iHdZ ihT!^ sicians, and privates, authorised by this act, shafl" immeifi(|f(Fy
j; JS, *35lU*tf '^ discharged from the service of the United States at the closp'
uw war. of the iVar with Mexico. "* •
OM fwieAa ac ^ 6. And be it further enacted, That it shall and may be
SSJ^itow^^^ President of the United States, by and whh the
iMhrHUMiit. advice and consent of the Senate, to appoint one surgtea
and two-assistant surgeons to each regiment raised ander this act.
chftp]«iM,boir ^'7. And be it furtlier enacted^ That during the war witb
-K— :«,.. Mexico it shall be lawful for the Officers composing the councils
of adBiinistratioo of the several regiments constituting « brigade^
dither regular or volunteer, in the service of the United States, -
to employ some proper person t» officiate as chaplain to such bri-
gade, and the person so employed shall upon the certificate of
Digitized by CjOOQIC
lS4r Chap. — ITfe 31»
die comiqjaoder ofth^ brigade, receive for his services «6Mfr
hundred aad fifty dollars, one ration, and fonige for one horse, Th«ir pay ana
pef annum, provided that the chaplains now attached to the**''*'"*'^'
regular army, and sti^toned at different ipilitary posts may, at chApiatiisattiM
the discretion of the Secretary of War, be rei|uired to repair to JJi^'^Ei tf^^S^
the army in Mexico, whenever a majority of the men at thejjjjfjj',^^
posts where they are res|MK:tively Rationed shall have left thein
/or service in the field ; and should any of said chaplains refuse
or decline to d» this, when ordered so to do by the adjutant gen-
eral, the office of such chaplain shall be deemed vacant, and the
pay ana emoluments thereof be stopped.
^ 8. And be''tt further enacted, That the President be, and two tddiuoati
he is hereby authorized, by and with the advice and consent of the?g!gy%^^^
Senate, to appoint twoaddiii^My surgeons and tyelve additional [("^ir^ ^ ^
assistant surgeons in die regular army of the United States, sub- ^?iv vmy.
ject tft the provisions of an act entitled "An act to increase and la^^VtL^'p*
regulate the pay of the surgeons and assistant surgeons*of the^ass-
arai^j'' approved June 30, 1834; and that the offioers whose,
ifipointment is authorized by tj^is section, shall receive the pay
and allowances of officers of tSe same grades respectively ; and
^^ that the rank of the officers'%f the medical department of the
L »army shall be arrak^ed upon the same basis which at present de-
' ieraiines the amount of their |Miy. and emoluments: Provided,
That the medical officers shall not in virtue of such rank be enti-
tled to command in the line or other staff departments of the
ariKfy,
• ^9. And be it fwrlker enadSa, That each non-commission- ,ioJdr""^5lr
ed officer, musicain, or private enlisted or to be enlisted in the"jf;jj^""» ^^
negular army, or regularly muiAered in any volunteer company, Mnain triroom.
' far a period of not less than twelve mortfhs, who has served oroei??*a mrut
nnay serve during the present War with Mexico, and who shall SUf^ ^^ "^
receive an honorable discharge, .or who shall have been killed
or died of wounds received or sickness incurred in the course of
such service, or who shall have been discharged before the
expiration of his term of service in consequence of wounds re*
.ceived or sickness incurred in the course of such service, shall
be entitled to receive a certificate or warrant U^ the War
I>&pirtment for the quantit|; of one hundred and sixty acres,
and which may be located by the warrantee, or his heirs at law, »
^ ^t any land office of the United States, in one body, and in
conformity to the iegal dubdivisions of the public lands, upon
any of the public lands in such district then subject to private
entry ; and upon the return o( such certificate^ warranty with
evidence of the location thereof having been legally made» to the
General Lanfl Office, a patent almll be issued therefor. That
in the event of the death of any such non-commissioned oficer, mu*-
sician, or private during service, or after his discharge, and
* before the issuing of a certificate or warrant as aforesaid, the said
certificate or warsant shall be ifpoed in favor, and enure to the
benefit, of his family or relatives,, according to the following
rules : first, to the widow and to his children ; second, his father ;
Digitized by CjOOQIC
FkWiM, tiMt
8184 I«7 CuAr. IM— 197.
tbird, his mother. And in the eveoiof bts children being ounonf^
then the legally constilated gaardkn of siieh minor children shall,
In conjunction with sueh of the children, if any, as may be^ of
Mi age, opon being duly authorised by the orphans' or other
court having prob^ jurisdiction, hare power to aeUy and disppsc
of such certificate or warrant for the benefit of those interested.
And all sales, mortgages, powers, or olflbr instruments of wntii%,
gotqg to aSect the title or claim to any such bounty right, nwde
€? eseootad prior to the issue of such warrant or certificate, shall
be null and void to aH intents and purposes, whatsoever, noriAalV
such claim to bounty right be in anywise aflect^by, or charged ^
withy or subject to, the payment of any debt or Waim incurred bv
the soldier prior to the issuing of such certificate or warrant
Provided^ Th^ no land warraijgipiued under, the provisions of
this act shall be laid upon any lands of the United States to
^ which there shall he a pre-emption right, or upon which *1faefr9
•i^H^ J*^*hall bean actual settlement and cultivation : Provided farther,
Miv* a hM That ecery such non-commissioned officer, musician, and ^i-
l!!Sr\Sp Si Yate who may be entitled, undar the provisions of this act, Un
^r'«i.^1!^t! '®^iv® A ^'^*'><^^® Of warrant fo^one hundred and sixty acres
of land, shall he allowed the option to receive stocb cercnicate or ^^
warrant, or a treasury scrip for one hundred dollars, and such pp
scrip, whenever it is preferred, 4iail be issued by the Secretary
of the Treasury to such person or persons as would be authorized
to receive such certificates or warrants for lands ) said scrip t(r
Vm DiiMi^'j^^'^ ®" interest of sis per cent,j)er annum, payablesemi-annOlly, ^
igMn, *«. M. redeemable at the pleasure of the government. And that each *
MMitMeM, ^1*0 private, non-commissioned officer, and musician, who ahall have
^4o\]!!S!i'*Sfbeen received into the service ol^t he United States, since the
1*^ commeneen>ent of th# war with Mexko, for less than twelve
months, and shall have served for such term or until honorably
discharged, shall be entitled to receive a warrant for forty .acres
of land, which may be subject to private entry, or twenty-five
dollars in scrip if preferred ; and in the event of the death of
such volunteer during his term of service, or after an honorable
dispharge, but before the passage of this act, then the warrant for ^
such land, oF scrip, shall issue to the wife, child, or children, H
there' be any, find if none, then to the father, and if there he ito
lather, to the mother of such deceased volunteer : Provided^
That nothing contained in this section shall be construed to give •
bounty land to such volunteers as were accepted into service, an<^
SiTitidaottotp- discharged without being marched to the seat of war.
^^!L^i. ""^ ^1. And be t^ further emcted. That it shall, and may be
lawful for the President, by and with the advice and consent of
the Senate, to appoint from the officers of the arnnfl^ four quater-
masters #ith the rank of maj<>r, and ten assistant quartermasters
with the rank of captain. Approved^ Febrwtry 1U&, }847.
pI|AP. 197. An act to change the time ofholding one of the terms of the
circuit court of the United Stateslfor the district of T^drth Carolina.
Vbm of th« ^ I. Be it enacted, ^c, That, the term of the circuit court
gifmdt Omit ^f ^^ Ui^ited States fpr the distfict of JJortl? Parolina, now
Digitized by CjOOQIC
1847— ^Chap. 197—204. 3185
by law appointed to be held on the first Monday of December, ^y ^^ c^oilifl'a
■hall hereafter be held on the last Monday of November (instead ^^^nd.
of the first Monday of December), in each and every year, and
ail actions, suits, appeals, recognizances, writs, processes, and
other proceedings whatever pending in said court, or returnable
thereto, shall have day, and be heard, tried, proceeded with,
and decided accordingly. Appnwed, Febuary 15</k, 1847.
CHAP. 13. An act making appropriations for the payment of revoiu-
tioBary and other peneions of the United States for the year ending the •
thirtielii June, one thousand eight hundred and forty-eight,
"^ 2. And be ii further enacted, That from and after the c<»ipenMtfonto
passage of this act, the Secretary of War is hereby authorized toE?.*'*" ■••""'
make such compensation to agents for paying pensions as may ^
be just and reasonable, to be paid out of the fund appropriated
fisr the payment of revolutionary pensions, but in no case to ex-
ceed two per centum on moneys disbursed by them ; the said
compensation to be in full for all their services, and any contin-
gent expenses that may arise in the discharge of their official
duties, books, printing, and stationery excepted : Provided, Proviso.
ij^irbat the amount of compensation allowed to any one pension
4gent shall not exceed one thousand dollars per annum : And
provided furtker, That the Secretary of War shall so regulate
the remittances made to pension agents as to prevent an undue
{accumulation of balances in their hands.
Approved, February 20/A, 1847.
C|IAP.*204. An act to regulate. the carriage of passengers in merchant
vessels.
^ \. BeU enacted, fyc, That if the master of any vjessel, Nambworim*.
#wned in whole or in part by a citizen of the United States ofH^aff^ ukw^l^
America, or by a citizen of any foreign country, shall take on Ij^*^^'
board such vessel, at any foreign port or place, a greater number
of passengers than in the following proportion to the space occu-
pied by them and appropriated for their use, and unoccupied by
slpres or other goods, not being the personal luggage of such
paisaigers, that is to say, on ^he lower deck or platform one pas-
senger for every fourteen clear superficial feet of deck, if such
• vessel is not to pass within the tropics during such voyage ; but
if such vessel is ta pass within the tropics during such voyage,
then one passenger for every twenty such clear superficial feet of
deck, and on the orlop deck (if any) one passenger for every
thirty such superficial feet in all cases, with intent to bring such
passengers to the United Stales of America, and shall leave such
port or place with the same, and bring the same, or any number
thereof, within the jurisdiction of the United States aforesaid, or
" if any such master of a vessel shall like on board of his vessel
at any port or place within the jurisdiction of the* United States
aforesaid any greater number of passengers than the proportions
aforesaid admit, with intent to carry the same to any foreign port ^*^^'
Digitized by CjOOQIC
3186 , 1847 Chap. 204—205.
or place, every such master shall he deemed guilty of a misde-
meanor, and, upon conviction thereof before any circuit or dis-
trict court of the United States aforesaid, shall, for each passen*
ger taken on board beyond the above proportions, be fined in the
sum of fifty -dollars, and may also be imprisoned for any term not
pioTiio. exceeding one year : Propided, That this act shall not be con-
. strued to permit any ship or vessel to carry more than two pas-
sengers to five tons of such ship or vessel.
Vaaeb haTiag ^ ^« And be U further enactedy That if the passengers so
JJ.^J/'^JX taken on board of such vessel, and brought into or tra^nsported
i^ilJdbyuiriMt'''^™ ^^^ United Slates aforesaid, shall exceed the number limit-
■eetioo, to be lor. cd by thc last section to the number of twenty in the whole, such
aTatM. ^ ^ ' vessel shall be forfeited to the United States aforesaid, and bo
' prosecuted and distributed as 'forfeitures are, under the act to
regulate duties on imports and tonnage.
•.Tir^efaitouod ^ ^\ -^^^ ** *' further enacted, That if any such vessel ip
foi puMDgen. aforesaid shall have more than two tiers of berths, or in case, in
such vessel, the interval between the floor and the deck or plat-
form beneath shall not be at least six inches, and the berths wM
constructed, or in case the dim#psions of such berths shall not
' be at least aix feet in length, and at least eighteen inches in
Panaiij. widthj for each passenger as aforesaid, then the master of saicR
vessel, and the owners thereof, severally, shall forfeit and pay the
sum of five dollars for each and every passenger oh board of said
vessel on such voyage, to be recovered by the. United States
as aforesaid, in any circuit or district court of the United States-
where such vessel may arrive, or from which she sails.
^ 4. And be it further enacted, That, for the purposes of
this act, it shall in all cases be computed that two children, each
being under the age of eight years, shall be equal to one passen-
ger, and that children under the age of one year shall not be in-
cluded in the computation of the number of passengers.
PentUiei i«- ^ 5. And be it further enacted, That the amount of the sev-
to*b?itJnt'onrhieral penalties imposed by this act shall be liens on the vessel or
rto7iw«IoM*dS! ^^*^^'® violating its provisions ; and such vessel may be libelled
and sold therefor in the district court oC the United Stales afore-
said in which such vessel jBhall arriv^
Approved y February 22«7, 1847.
(Aildrtn.
CHAP. 205. An act to regulate the exercise of the appellate jurisdiction
of the Supreme Court of the United States, in certain cnses, and for
other purposes.
Reeordt .and ^ \> Be it enacted,. fyCy That all and singular the records of
SI!u^^o'Cm to ^^^ proceedings in the sevesal cases which were pending in the
ba traftsferrod to gupcrior courts of iho [of the] late Territory of Florida, under
oMhi**u*'8~fOT and by virtue of the act of Congress of the twenty-third of May,
Ftorida."*'*** ^''^ eighteen hundred and twisnty-eight, entitled, " An act supple-
7o^^i!4. P^i'sl mentary to the several acts providing for the settlement and con-
loe^^wi 4 5''fi'''nfi^ti<>n of private land claims in Florida," and under and by
8is4 ' ' virtue of an act entitled, << An act to provide for the final settle*
Digitized by CjOOQIC
im Chap. 204. 3187
ment of land claims in Florida," approved twenty-sixth May,
eighteen hundred and thirty, and in the several cases which were
pending in the court of appeals of the same Territory, on the
third day of March, in the year of our Lord one thousand eigh|
hundred and forty-five, and ail and singular the records of the
proceedings in 'the several cases in which judgments or decree/i
had been rendered in the said courts on or before that day. and
from which writs of error could have been sued out, or appeals
could have t)een |aken, or from which writs of error had been
^soed out, or appeals had been taken and prosecuted to the Su->
preme Court of the United States, according to the laws of the
United States which were in force on the said third day of March,
in the year of our Lord one thousand eight hundred and forty-
five, shall, from and after the passing of tfiis act, be transferred
to and deposited in the district court of the United States for the
district of Florida. •
^ 2. And be U further enacted, That it shall be the duly o(^^,j^^
the judge of the district court of the United States for the dis- »7 «»*»'»•?«.«« *»••
- Til •■• ••! ^ I* • !••• el«rM of toe •ii-
trict of Florida, immediately after the passing of this act, toptrtoroowti,^^.
cause the. same to be notified to the several clerks of the superior
courts, or to other oflicers or persons having in their possession
or custody the records of the proceedings in the first section of
this act referred to and described, and to demand the delivery of
the same,- to be deposited, as in and by the said first sectipn of
this act is required ; and on the refusal of such clerk or other
officer or person to comply with such demand, the said jud^e of
the district court of the United States is hereby authorized and
required to compel the delivery of the said records by attach*
ment or otherwise, according to law.
^ 3. And be it further enacted, That in all cases in which anS^pJILtatouS
judgment or decrees have been rendered in the said superior JJuI^b^SS* *'
courts or court of appeals of the late Territory of Florida, and
from which writs of error have been sued out or appeals have
been taken to the Supreme Court of the United States, the said
Supreme Court shall be, and is hereby, authorized to hear and
determine the same, and the mandates of the said Supreme
Court for the execution of the judgments or decrees so to be
rendered by them^ and all other writs which may be necessary in
the exercise of the appellate jurisdiction of the said court in
such cases, shall be directed to the district court of the United
States for the district of Florida, and the said district court shal)
cause the same to be duly executed and obeyed.
^ 4. And be ii further enacted, That the district court of Dutriet cmiK
the United States for the district of Florida shall take cognizance ^bl'i^^!^
of all cases which were pending and undetermined in the said ^'''**'^
superior courts, under and by virtue of the act of Congress of ^^^^^Y^^'^J^;
the twenty-third May, eighteen .hundred and •twenty-eight, ^n^iM^J^'^*®-
titled, ^* An act supplementary to i\m several acts providing forsift. ' * ^
the settlement and confirmation of private land claims in Flori-
da," and under and by virtue of an act entitled '< An act to pro-
vide for the final settlement of land claims in Florida/' approved
Digitized by CjOOQIC
3188 1847 Chap. 20$.
twenty-sixth May, eighteen hundred and thirty ; and of all
which were pending and undetermined in the court of appeals of
the late Territory of Florida, and from the judgments or decrees
to be rendered in which writs of error could have^been sued out
or appeals could have been taken to the Supreme Court of the
United States under the laws which were in force on the third dajr
of March, in the year of our Lord one thousand eight hundred and
forty^five, and shall proceed to hear and determine the same ; and
from the judgments or decrees to be rendered by the said district
court, writs of error may be sued out or appeals may be taken to.
- the Supreme Court of the United States, in the same manner as
if such judgments or decrees had been rendered in the ct>urt of
appeals of the Territory of Florida ; and the mandates, and all
writs necessary to the exercise of the appellate jurisdiction of the
said Supreme Court, in such cases, shall t>e directed to the district
court of the Unj^d States for the district of Florida, and the
said district court shall cause the same to be duly executed and
obeyed.
OMfMraiiow. ^ 5. And be U further enacted^ That in all cases not legally
ta Mittiu'^iM transferred to the State courts in which judgmenls or decrees
wHu or!?ror and '^AV® ^^^^ rendered in the superior courts or court of appeals of
US*"' *ffiJiTO ^^^ '*^® Territory of Florida frqm which writs of error could have
coart u. 8. bccn sued out or appeals could have been taken to the court of
ttppeals of said Territory, or to the Supreme Court of the United
States, under th^. laws which were in force on the third day of
Mardi, in the year of our Lord One thousand eight hundred and
forty-five, and in which writs of error have not hitherto beeii
sued out or appeals have not hitherto been taken, there shall be
allowed to the parties in the said cases the term of one year,
from and after the passing of this act, for sueing out such writ^
of error or taking such appeals to the Supreme Court of the
United States, which shall have jurisdiction to review the same.
txnSpiihod bu. ^ 6. And be it further Mccted, That any unfinished busi-
bMdioia. ness or proceedings now remamirig or pendmg before the judge
of the superior court at St. Augustine, as a commissioner under
and by virtue of the '' Act for the relief of certain inhabitantil
of East Florida,'' approved twenty-sixth June, e^hteen hundred
and thirty-four, or under any other act granting special powers,*
br imposing special duties upon said judge, be, and the same are
hereby, transferred to the judge of the district court Of the dis*
trict of Florida, to be proceeded in and finished, or decided id
the same manner provided for by law ; and the said district
judge shall have, eftercise, and possess, the same duties, powers^
and rights, which ba?«eby virtue of the Hct of Iwenty-sixtii Juoej
eighteen hundred and thirty-four aforesaid, or otherwise been
possessed and exercised by the said judge of the superior court-
ai St. Augustine, aso far as may be necessary to enable the said
district judge to determine- and finish any jnatter, business, or
proceedings now petiding aud ^ndetermiiied liefore the jodge of
the superior court aforesaid, by virtue of my such speoM aet.
Digitized by CjOOQIC
184r — -Chap. 204—208. 3189
^ 7. And be U further enacted, That all and singular, the^72hi.'*i!r»3I
provisions of this act, so far as may be, shall be, and they are ^pp^*^*^** ^^
hereby, made applicable to all cases which were pending in theo^^or°SM'i«M
supreme or other superior courts of and for the late Territory of SSrliu'' ^ *"
Michigan, at the time the said Territory was admitted as a State
into the Union, and to all cases in which judgments or decrees
have been rendered in said supreme or superior court of said late
Territory of Michigan, and not hitherto removed as aforesaid by
writ of error or appeal.
^ 8. And be it further enacted, That in all cases pending in whld!"are S^
any of the superior courts of said Territory af Florida, or in thei'jir.'SSffortht
court of appeals of said Territory, on the third day of March, 3j;[^'^' ^ ^^^'
eighteen hundred and forty-five, and not legally transferred to
the State courts of the State of Florida, and which said Territo-
rial courts continued to hold cognizance of, and proceeded to
determine after said day, or which are claimed to have been
since pending therein as courts of the United States ; and in all
cases of federal character and jurisdiction commenced in said
Territorial courts after said day, and in which judgments or de-
cides were rendered, or which are claimed to have been since
pending therein, the records and proceedings thereof, and the
Judgments or decrees therein, are hereby transferred to the dis- wriu ofcmr
trict court of the United States for the district of Florida; and *"* 'p^**^'
writs of error and appeals may be taken by either party to re-
move the judgments or decrees that have been, or may be, ren-
dered in such cases unto the Supreme Court of the United States,
and the Supreme Court may hear and decide such tases on such
writ of error or appeal, and issue its mandate to said district
court : Provided, however, Such writ of error or appeal shall be ^•^■<»'
taken within one year from the passage of this act, or one year
from the rendition of such judgment or decree hereafter render-
ed : And provided, also, That nothing in this act shall be con-
strued as affirming or disaffirming the jurisdiction, power, or au-
thority of the Territorial judges to proceed in or try, or deter-
mine, such cases after the third of 'March, eighteen hundred and
forty-five, but the same may be referred to said Supreme Court
for its decision in all said cases on such writ of error or appeal.
Approved, February 22ii, 1847.
CHAP. 208. An act to establish a court at Key West, in the State of
Florida, and for other purposes.
^\. Beit enacted, ^c, That all that part of the State oftrfc?"S"%ri£
Florida, lying south of a line drawn due aast and west from the*^*^'**^*
northern point of Charlotte harbor, including the isj^nds, keys,
reefs, shoals, harbors, bays, and inlets, fifouth of said mif, -shall be
firected into a new judicial district, to be called the southern dis-
trict of Florida ; a district court shall be held in said southern ^^^'^'^ <
district, to consist of one judge, who shall reside at Key West, j^giff^^on.
in said district, and be called a district judge ; and shall Id ali
ict
re*
Google *
things have and exercise the jurisdictiofi and powers of a district
and circuit court of the United States within the district afore*
Digitized by ^
3190 1847 Chap. 208*
said ; and appeals may be allowed and writs of error sued eot
and made retarnable in the Supreme Court in the same mander
and under the same rules and regulations as appeals and writs of
error are allowed and sued out from and to a circuit court. The
Ctork. judge shall appoint a clerk, who shall reside and keep the records
of the court at the place of holding the same ; and shall receive
for the services he may perform the same fees to which the clerk
of the Louisiana district is entitled for similar services.
smiQM. ^ 2. And be U further enacted, That the judge of said dis-
trict shall hold two regular terms of court in each year at Key
West — the one commencing on the first Monday in Hay^ the
• other on the first Monday of November in each year. He shall
also hold extra sessions of said court from time to time, at such
places in said district as occasion may reqaire, to despatch the
business of said court ; and, for the purpose of hesrkig and de-
ciding all cases of admiralty and marhime jurisdiction, the said
court shall be at all times oipen.
Hc^^'****** ^ 3- ^^^ &« * further enacted, That no vessel nor master
thereof, shall be regularly employed in the business of wrecking
on the coast of Florida without the license of the judge of said
court ; and, before Ffcensing any vessel or master, the judge shall
be satisfied that the vessel is sea-worthy, and properly and suffi-
cieittly fitted and equipped for the business of saving property
shipwrecked and in distress ; and that the master thereof is trust-
worthy, and innocent of any fraud or misconduct in relation to
any property shipwrecked or saved on said coast.
cbm^wMtiDiror ^ 4. And be U further enacted. That there shall be allowed
l«ii«* _ to the judge aforesaid an annual salary of two thousand dollars
to be paid to him quarterly from the time of his appointment
UDitfld Butes ^ 5. And be it further enacted, That there shall be appoint-
^h!t!S!^^*'^ed in said district a person learned in the law to act as attorney
for the United States, who shall, in addition to his stated fees, be
paid by the United States two hundred dollars as a full compen-
sation for all extra services.
m^?fa^to 2t*i~ ^ ^' "^^^ *^ ** further enacted, That there shall be appoint-
poinMd. ed in said district a marshal, who shall peform the same duties,
be subject to the same regulations and penalties, and be entitled
to the same fees, as are allowed to marshals in the district of
Louisiana, and shall, moreover be entitled to the sum of two
hundred dollars annualljr, as a compensation for all extra ser-
vices.
M^iTonhUMS- * '^' ^^^ ^^^ further enacted. That the provisions of the
«ioB apply t»jt^' act passed at this session, entitled <^ An act to regulate the ezer-
ii^' A^.^Tthe cise of the appellate jurisdiction of the Supreme Court of the
^SJitu^^^^ United States in certain cases and for other purposes," shall be
held to apply to all records, proceedings, judgments or decrees
transferred to the court hereby established ; and all and
singular the records and proceedings, judgments or decrees^
qpedfied in said act, that arose or pending, or claimed to be pend-
ing as stated in said act, in or before the superior court of the
southern district of the late Territory of Florida^ and provided
Digitized by CjOOQIC
1847 Chap. 208-220. 3191
by said act to be transferred to the district court of the United
States for the district of Florida, shall be, and are hereby trans-
ferred to the court hereby created, and all the provisions of said
act relating to said district court of the United States for the dis-
trict of Florida, or respecting the removal of judgments or de-
crees in such cases to the Supreme Court of the United States,
or otherwise relating to such cases, shall be deemed and held to
apply to the court hereby created, the same as to said district
court of the United States for said district of Florida, and to the
cases so as aforesaid transferred to the court hereby created. n h« dt.
^ 8. And be ii further enacted^ That the title and name of trietorptoridA.
said district court of the United States for the district of Florida
shall hereafter be the " district court of th^ United States for
the northern district of Florida ;" and that the judge of said
northern district shall, in addition to the terms of his court here- T«rmor«onru
tofore prescribed to be held within said northern district, hold**"*" *»"*'*«^
one term of the court for said district at Apalachicola on the first
Monday in February of each year, and one term of said court at
Pensacola on the first Monday in March of each year, for the
trial of causes arising in the western section of the State of Flor-
ida. Approved^ February 23d, 1847.
CHAP. 209. Aq act in addition to an act to establish a court at Key
West in the Stale of Florida.
^ 1. Be it enacted^ ^c.^ That the jurisdiction at presQpt ex- j„,|^i^jj^ ^^
ercised under the existing laws by the district court of the Uni- the^yroMnt d£.
ted States for the district of Florida, shall continue to be exer- unQ*/*mtii *^th!^
cised by the said court until a judge shall have been appointed ^£SSfi!^uiSl ^
and qualified under the provisions of an act of this session, enti- JlJg^^' *^ ■•^
.lied " An act to establish a court at Key West in the State of ^^^^^ ^^^
Florida," anything in the said ac^to the contrary notwithstanding.
Approved^ February 23ii, 1847.
•
CHAP. 220. An act to establish a land office in the northern part of Mi-
chigan, and to provide for the sale of mineral lands in the State of
Michigan.
^l. BeU eiMctedy J^c, That all that portion of the public
lands, in the State of Michigan lying north of the boundaries of
the Saginaw and Grand river land districts in said State, com-
monly called the northern peninsula of the State of Michigan, with
the islands in lakes Superior, Huron, and Michigan, and in Green Lake saperior
Bay, the straits of Michilimackinac, and the river St. Mary's, '*"*' **'•*'****
within the jurisdiction of said State, be, and the same are hereby,
included in a land district, to be called the Lake Superior land
district, and for the sale of the lands in said district, there shall
be ^ land office established at such point therein as the President
of the United States may select.
^ 2. And be U further enacted^ That the Secretary of the secv of thmi-
Treasury shall cause a geological examination and survey of the l^'^o'kiL?*??.
Digitized by CjOOQ IC
3192 1847 Chap* 220,
JSlV'.***" ^^ '•°^* embraced in aaid district to be made and reported to ihe
Commissioner pf the Geqeral Land Office. And the President U
hereby authorized to cause such of said lands as may contain
copper, lead, or other valuable ores, to be exposed to sale^
Six moDtiM' no- giving six months' notice of the times and places of sales in such
Mto ^*ii2"pii? newspapers of general circulation in the several States as he may
■idtot. deem expedient, with a brief description of the lands to be offer-
ed ; showing the number and localities of the mines known, the
probability of discovering others, the quality of the ores, the
facilities of working the mines, and the means and expense of
transporting their products to the principal markets, in the United
States. And all the lands embraced in said district, not report-
ed as aforesaid, shall de sold in the same manner as other lands
under the laws now in force for the sale of the public lands, ex-
cepting and reserving from such sales section sixteen in each
township for the use of schools^ and such resertations as the Pre-
sident shall deem necessary for public uses.
All iwrMM fa ^ ^- -^^^ ^* U further enacted^ That all those persons who
Mtaai ooeanui-are iu posscssion, by actual occupancy, of any portion of thedis*
&*r7 of w^trict described in the first section of this act, under authority of
£^ SJiJlr* Sf a lease from the Secretary of War, for the purpose of mining
thereon, and who have fully complied with alUhe conditions and
stipulations of said lease, may enter and purchase the same at
any time during the continuance of such lease, to the extent of
such lease, and no less, by paying to the United States therefor
at the r^te of two dollars ami fifty cents per acre : Provided,
That said entry and purchase shall be made- to include the origi-
nal survey of such lease, as near as may be conforming to the
lines of the public surveys of sections and subdivisions thereof.
^1^^ And all those persons who are in possession, by actual occu-
tnai oocu^ncypancy, of any of Said lands, for mining 'purposes, under autho-
SSJ"ma/ KJ; rity of a written permit from the Secretary of War, and who
b^ag*' ,[^ have visible landmarks and muniments as boundaries thereon,
'^•* and who have, in all other respects, complied with the conditions
and stipulations contained in §uch permit, may enter and pur-
chase the same, to the extent of the tract selected by them and
reported to the Secretary of War, as required by said permit,
and no less, in the same manner, as those who hold under leases,
, «,a *"<* *^ *he same price : Provided, such entry and purchase be
eiMMtobo i££made before the day said lands shall be ofTered for sale by order
b«fewda/of«4ie.^j. the President. And all those persons who shall be in possession,
by actual occupancy, of a mine or mines actually discovered be-
fore the passage of this act, and who shall pay the same per cen-
tum of rents as those who hold under leases, as aforesaid, shall
be permitted to enter and purchase one section of land, and not
less, to include such mine or mines discovered and occupied as
aforesaid, by them, by paying to the United States the same
price, and at the same time, as required of those who hold under
permits aforesaid, and all rents accruing from such lessees or
occupants shall be paid and delivered to such officers of the Gov-
ernment as the Secretary of the Treasury shall direct : Provided^
Digitized by CjOOQIC
1847 Chap. 220. ^ 3193
That prior to any such purchase being made under the provisions
of this section, proof of possession and occupancy, as aforesaid, |'QM>forpo«e«-
of the mine or mines claimed, shall be made to the register and It^acjV^ ^'^^'
receiver of the land district, together with the evidence of the
payment of all rents due the United States, agreeably to such -
rules as may be prescribed by the Secretary of the Treasury for
that purpose, which register and receiver shall each be entitled to
receive one dollar for his services therein : -Provided, That an
appeal from the decision of the register and receiver to the
Secretary of the Treasury may be had under such regulations as
the said Secretary may prescribe. And if two or more peTsons
are in possession of the same section, the first^ occupant shall be
entitled to a preference, unless the same can be so divided by
legal subdivisions as to give to each the discovery claimed
by him.
^ 4. And be a further enacted. That the said mineral lands -^•""'^' ^•n'?*
■ ■■■ 4T» li*!* • « ■•iitii oflerea for Mie in
shall be offered for sale m quarter sections, and no bid shall be qoarter wcUom.
received at a less rate than five dollars per acre ; and if such lands
shall not be sold at public sale at such price, they shall thereafter
be entered at private sale at that price : Pravidedy That no legal ,iJJ° JJ^ILmih.
division or subdivision of any of said lands upon which there may JiJJJ,*^, J^"^*g[
be an outstanding lease or leases from the Secretary of War
unexpired or undetermined, and which is actually occupied for
mining purposes, and the occupants of which have complied with
all the requisites of such lease or leases, and continue to perform
the same, shall be sold until after the determination of such lease
or leases by efflux of time, voluntary surrender or other legal
extinguishment thereof, except in such cases as are provided for
in the third section of this act, and the lessees respectively shall
be entitled to the privileges secured by said section upon the vol-
untary surrender of ihe lease or leases held by them.
^ 5, And be it further enacted, Tjiat the management and T^SJ^Toliilj;
control of the mineral lands shall be transferred from the Warc^jj^t *^|»ant-
Department, and placed under the jurisdiction and control of mzanandt/*"**
the Treasury Department; and all books, maps, papers, instru-
ments, and other property, procured to be used and employed in ^
the management, survey, exploring, or conducting of said mine-
ral lands by the War department, shall be delivered over and
made subject to the disposition of the Secretary of the Treasury.
V 6. And be it further enacted, That the President, by and Pretidwittoia-
with the advice and consent of the Senate^ so soon as a suffi- eame^ ""ST^
cient number of townships are surveyed, and returns thereof made JjJ^tJr'aSd'^jSi
to the General Land Office, to authorize the commencement of «®*^'-
the sales in said district, shall appoint one register and one receiv-
er for the land office in said district, who shall reside at the place
designated by the President for the land office, receive such
compensation, give security, and discharge all duties pertaining
to such office as are prescribed by law.
Approved, March \8t, I8d7. «
Digitized by CjOOQIC
31M 1847 Chap. 221.
Act of 1845 CHAP. 221. An act to amend the act entitled "An act to reduce the
'« rate of postage, to limit the use and correct the abuse of the franking
privilege, and for the prevention of frauds on the revenues of the Post
Office Department/' passed third of March, eighteen hundred and forty-
five.
Rat0«of com- ^ I , Bc U enacled, ifc^ That That in lieu of commissions
BiMion. allowed deputy poatraasters by the fourteenth section of. the act
of the third of March, eighteen hendred and twenty-five, the
Postmaster General may allow, on the proceeds of their respect-
tive offices, a commission not exceeding the following rates on the
amount received in any one year, or a due proportion thereof
for less than a year : On a sum not exceeding one hundred dollars,
forty per cent. ; on a sum over the first hundred and not ex-
ceeding four hundred dollars, thirty^three and one-third per
cent ; on a sum over and above the first four hundred dollars
and not exceeding twenty- four hundred dollars, thirty per cent. ;
on a sum over twenty-four hundred dollars, twelve and one-half
per cent. ; on all sums arising from the postage on newspapers,
magazines, and pamphlets, fifty per cent. ; on the amount of
postages on letters or packets received for distribution, seven
Aiowane^t, per ccnt. : Provided^ That all allowances^ commissions, or other
^"I'^sTTbrwi' to emoluments, shall be subject to the provisions of the forty-first
t'lrtyfiMMction^ section of the act which this is in tended to amend ; and that the
or act of Jd4a annual compensation therein limited shall be computed for the
fiscal year commencing on the first ol July and ending the thir-
tieth of June each year, and that for any period less than a year
the restrictions contained in said section shall be held to apply in
a due proportion for such fractional period : ^ncf /)rot;{d6d!/ur-
d^^iy'^^vH^Zthefy That the compensation to any deputy postmaster under
^^' the foregoing provisions to be computed upon the receipt at his
office of a larger sum shall in no case fall short of the amount to
which he would be entitled under a smaller sum. received at his
office. •
by^robbeJy^Jhau 'S^ 2. Afid bc U further enacted, That all moneys taken from
J;X'^„fVit*^f*^ "*a"s <>f the United Sutes by robbery, theft, or otherwise,
masier General, whicli havc comc or may hereafter come into the possession or
custody of any of the agents of the Post Office Department, or
any other officers of the United States, or any other person or
persons whatever, shall be paid to the order of the Postmaster
General, to be kept by him as other moneys of the Post Office
Department, to and for the use and benefit of the rightful owner^
to be paid whenever satisfactory proof thereof shall be made ;
and upon the failure of ILny person in the employment of the
United States to pay over such moneys when demanded, the
person so refusing shall be subject to the penalties prescribed by
law against defaulting officers.
leg^""*"^"* P«*^* ^ 3. And be it further enacted, That all members of Con-
!|[res8, delegates from Territories, the Vice President of the Uni-
ed States, the Secretary of the Senate, and the Clerk of the
House of Representatives, shall have the power to send and re-
Digitized by CjOOQIC
184? — -Chap. 221— 227. 3195
ceive public documents free of postage during their term of
office, and that the said members and delegates shall have the
power to send and receive public documents free of postage up
to the first Monday of December following the expiration of their
term of office.
^ 4. And be it further enacted, That the Secretary of the
Senate and Clerk of the House of Representatives shall have
the power to receive, as well as to send, all letters and packages,
not weighing over two ounces, free oT postage during their term
of office.
<$k 5. And be it further enacted^ That members of Congress
shall have the power to receive, as well as to send, all letters and
packages, not weighing over two ounces, free of postage up to
the first Monday in December following the expiration of their
term of office. Approved^ March \st, 1847.
CHAP. 222. An act to amend an act eniitied " An act to regulate the
carriage of passengers in merchant vessels," and to determine the time
when said act shall take effect.
"^ 1. ^e t< enacted^ ^c. That the act to regulate the car- to take erect
riage of passengers in merchant vessels, approved the twenty- {J^"J^^^,,*'^oj;
second day of February, eighteen hundred and forty-seven, shall, '»»« •f^* i!s*L"'
in regard to all vessels arrivmg from ports on this side of theandiion.^
capes of Good Hope and Horn, take effect and be in force from
and after the thirty-first day of May next ensuing ; and in re-
gard to all vessels arriving from places beyond said capes, on and
after thirtieth day of October next ensuing.
^ 2. And be it further eno/dted^ That so much of said act as
authorizes shippers to estimate two children of eight years of
age and under as one passenger, in the assignment of room, is
hereby repealed. Approved^ March 2dy 1847.
CHAP. 227. An act to amend an act entitled ** An act to provide for the otiasf
payment of horses or other property lost and destroyed in the military 372, yoU 4/ pu
service of the United States," approved the eighteenth day of January, ^*®^'
eighteen hundred and thirty^seven.
<§> I. Be it enactedy ^c, That the above recited act be so ^^ claim, d
amended as to embrace the claims of all owners of wagons or ownan or wag-
tcfams, who sustahied, or shall sustain damage or injury from the who "have loJt
loss of any horse, mule, or wagon, cart, boat, sleigh, or harness, yiSSttJIl^ ^"^
while such property was in the military service of the United
States either by impressment or contract, and the same has been
destroyed or abandoned by the order of the commanding general,
the commanding officer, or wagon-master, or otherwise lost or de-
stroyed by unavoidable apcident^ without any fault or negligence
of the owner, and when^ he was in the line of his duty ; such
owner shall be atlowed and paid the value thereof at the time he
entered the service.
^ 2. And be it further enacted, That the accounting officers Deduction, m
of the treasury, in auditing and settling the claims under this !{JJ2|']||J^^t^''''
act, and the one to which this is amendatory, shall make no other' •Mounia.
deductions from the claim, on account of former payments^ than
Digitized by CjOOQIC
3196 1847 Chap. 227— 228,
for the use and mk. and forage admnced for tbe horae actoally
lost by the claimant, and before he was again remotmted, or tot
clothing to which he was not entitled by law.
tJt^^''^}^ti^ ^ 3. And be a further enacted, That an act entitled "Art
1837} ana all otn- * .«i.i r » ■■ ■
er acta relating to act to providc for the payment of horses and other property lost
^inuedfoAwo in the miRtary service of the United States," approved the eigh-
lS!Sh/ieS, &^ teenth of January, eighteen hundred and thirty-seven, and alf
other acts or parts of acta relating to the same subject, be, andf
the same are hereby, continued in force for the period of two
years from and after the third day of March, eighteen hundred'
and forty-seven, and -nothing contained in any fonfiei* act shall be
so construed by the accounting officers of the treasury as to pre-
vent the presentation and adjustment of all the claims the pay-
ment of which is provided for by^any of these severaf acts, v^ith-
in the time above specified. Approved, JUarch 2d, 1847.
CHAP. 228. An act for the increafie of the Marine Corps of tl^e United
States.
Additional ofli- ^ i. Bt U enoctedf fye., That fren Md aifcier the* passage of
^ioneT^'offlstbis act, the United Staties numrine' corpse as now orgmized sfaaJI
^dpri^atolT'au' consist of four additional captains, four fifBtlieU^stiants, four seo^
thoriMd. Q„j lieutenaniS) twenty-fi've seigeanta, twenty-five' d0i^>oiialflr,
twenty-five dcummers, twenty-five fifels, a«d one- tbevsand addi--
tional privates.
offiearahow to ^ 2« And be it further anaolcd^ ThaC the offieera' tliusr pmvi-
Reappointed, j^j j.^^ ^j^^U ^^ appointed first by promotion^ according tottiAk
in the naarine corpa, and* then by aalectiM; dind tHat tbeirnom-
inationa ahall be subrntUed to the: Senate for theii^ advice add^
consent.
FrovMona of ^ 3. And be U JitrtheT enooted. That the provisions of an act
isM.^'^i^a*' ^ passed the thirtieth of June; eighteen hundred and thirty-four,
plL^SSnaofthiJ entitled " An act for the better organization of the United Stales
**Lctofi834. e ™'^"'^® corps," bc, and the same are hereby, made appli-
m^ yd. 4,* p! cable in all respects to the provisions of this act : Provided, how^
FMviao. et;6r. That, notwithstanding anything in said act to the contrary,
the staff of the marine corps be, and the same is hereby, separa^
ted from the line of said corpv ; the officers of the former to re«
ceive the same pay and emoluments they now receive by law,
and to hold the same assimilated rank, to wit : quartermasters,
paymasters and adjutants and inspectors, the rank of major, and
assistant quartermasters the rank of captain.
whennideorpi ^ 4. And bt it further enacted, That the President, at the
ohauba reduced, termination of the Mexican war, shall reduce the marine corps
to a number, both in men and officers, not exceeding the number
now in service. Approved, Mardi 2d, 1847.
CHAP. 236. An act making appropriations for the nayal service for the
year ending the thirtieth Jane, one thousasid eight hundred and forty-
eight.
That the first section of the act of fourth of August^. eigMctoH
Digitized by CjOOQIC
1847 — CHAP.sete. jji9r
liondred and fotty-lwo, entitled ** An act riiaking appropriaf ions J^^ r'^^'^a-
for the naval service for the year one thousand eight handled ^^^ mn^fm
and forty-two/' shall not be t^onstraed as applying to the appoint- ^ jippi^ ^
ment of boatswains, gunners, carpenters, and sarl-matersr. E^ta^nSu, gm-
^ 2. And be it fnrtker enacted, That so much of the proviso ""■• *^
of the act of third of March, eighteen hundred and forty-three,
entitled ^* An act making appropriations for the naval service for Aetofisci, e.
' the half calendar year beginning the first of January and ending ^^^*
the thirtieth day of June, eighteen hundred and fourty-four,'' as Act of isis, c
tequires that provision^ and ail other materials of every name ^^*
and nature, for the use of the navy, be furnished bf contract
with the lowest bidder, after advertisement, shall be, and the
same is hereby so far modified, that it shall not apply to butter at c^H^ ^^
cheese destined for the use of our navy, or things contraband of**** '*''•
war. And it shall be lawful that contracts for those articles for
the use of the navy be made, as heretofore, for periods longer
than one year, if, in the opinion of the Secretary of thie Navy,
economy and the quality of the ration will be promoted thereby.
^ 3. And be it further enacted. That the act of June seven- Act of ism, c
teen, eighteen hundred arid forty<>four, entitled '< An act making !<>''•
appropriations for the naval service for the fiscal year ending the
thirtieth day of June, eighteen hundred and forty-five," which
directs << that the Secretary of the Navy shall order a conipetent
commissioned or warrant oflicer of the navy to take charge of
the naval stores for foreign squadrons in f^ace of naval store- N«Tfti store
keepers at each of the foreign ports where said stores may be SSTiJJJdroM.'
deposited, and where a storekeeper is necessary," be,and the same
it hereby, so far modified as to authorize the selection and ap-
pointment of citizens other than naval officers to be storekeep-
ets OB foreign stations, when suitable naval officers cannot be or«>
dered on such service, or when, in the opinion of the Secretary
. of the Navy, the public interest will be promoted thereby. Per-
sons so selected and appointed to receive the same compensation
as now allowed, and to enter in to bond witif security, as is requir-
ed by law of officers of the navy performing said service.
•^ 4. And be it further enacted. That tlie pay of firemen and J5*£i^.S2^^
coalheavers employed in the naval service shall hereafter be fixed "«°'*'^
by the President of the United States, ia the same manner as^is^^Actof i849,o.
now provided by law for the pay of other petty officers, and of
seamen, ordinary seamen, and marines : and so much of the act
of Congress, approved August thirty-first, eighteen hundred and'
forty*two, entitled "An act to regulate the appointment and pay
of engineers in the navy of the United States," as fixes the
pay of firemen and coalheavers, be, and the same is hereby re-
pealed.
^ 5. And be it further enacted, That of the money appropri-p^^^Jo'tr*^
ated iri this act for " pay of the navy," and contingent expenses ^<>»*9«^*^^**-
enumerated, an atnount not exceeding twenty-eight thousand'atJd
two hundred dollars may beexpended,under the direction of th^'
Secretary of the Navy, for repairs, impi^ovements, and instruc-
tions at Fort'Severh, Anrjapolisi Maryland ; and for the purdhasff
72
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3198 1847 Chap. 836^-238.
of land for the use of the navy school at that pkce^ not exceed*
ing twelve acres.
In 6M«orthe ^ 6. .4nd beil further enacted. That in every case of the
pnbii? "^^iSUib 'oM or capture of a vessel belonging to the navy of the United
jjjy'«to »»•«»•• States, the accounting officers of the treasury, under the direction
of the Secretary of the Navy, shall be, and they are hereby au-
thorized, in the settlement of the accounts of the purser of such ves-
sel, to credit him with such portion of the amount of the provisions^
clothing, small stores, and money, with which he stands chafed
on the books of the Fourth Auditor of the Treasury, as they shall
be satisfied was inevitably lost by such capture, or loss of a public
vessel ; and such purser shall be fully exonerated, by such credit
from all liability on account of the provisions, clothing, somUI
* stores, and money, so proved to have been captured or lost.
EsMffioMnu to i "7. And be U further enacted, That the Secretary of the Navy
IIfu!«ii*BOTni'^>*'^* '*® ^* hereby, authorized and directed to cause such ex-
^bi^ir*' '***"' P®"in®i^^^ ^^ ^ made under the immediate "direction and super
*' ^' intendence of Uriah Brown as shall thoroughly test the efficient
properties of a liquid fire, and the practical utility of a shot-proof
steamship (the invention of said Brown) for coast and harbor
defence ; said experiments to be made in the presence of compe*
tent judges, to be selected by the Secretary of the Navy for that
^ purpose ; and it shall be the duty of the said Secretary to report
to Congress, at the earliest practicable period thereafter, the
result of such experiments ; and bis opinion whether the interest
of the United States would be promoted by adopting this in-
vention as a means of national defence. That said Brown shall
receive the sum of six dollars per day w*hile engaged in making
said experiments, together with all his travelling and other ne-
PfOTiM. cessary expenses : Provided, He shall not be so employed for a
time exceeding six months. And that a sum not exceeding ten
Appropr!ftUon. thousaud dollars be, and the same is hereby apropriated, out of
any money in the treasury not otherwise appropriated, for defray-
ing the expenses of saki experiments.
Approved, March Sd, 1847.
CHAP. 238. An act making further appropriation to .bring the existing
war with Mexico to a speedy and honorable conclusion.
^ '[.Beit enacted, fyc. That whereas a state of war now ex-
ists between the United States and the republic of Mexico,
which it is desirable should be speedily terminated upon terms
just and honorable to both nations ; and whereas assurances have
heretofore been given to the government of Mexico that it was
the desire of the President to settle all questions between the
two countries on the most liberal and satisfactory terms, accord-
ing to the rights of each and the mutual interests and security or
the two countries ; and whereas the President ' may be able' to
conclude a treaty of peace with the republic of Mexico prior to
the next session of Congress, if means for that object are at his
disposal ; and whereas, in the adjustment of so many complicated
questions as now exist between the two couptries, it may possibly
Digitized by CjOOQIC
1847 Chap. 23^—240. 3199
happen that an expenditure of money will be called for by the
stipulations of any treaty which may be entered into ; therefore,
the sum of three millions of dollars be, and the same is hereby Tbiee niiiioM
appropriated, out of any money in the treasury not otherwise ap- jJi*1i**t! iSbto
propriated, to enable the President to conclude a treaty of peace, ^ScSdTJ^SJ
limits, and boundaries with the republic of Mexico, «to be used &c.r^ih"K!£
by him in the event that said treaty, when signed by the autho- »~^' ^*
rized agents of the two governments, and duly ratified by Mexi-
co, shall call for the expenditure of the same, or any part there-
of; full and accurate accounts for which expenditure shall be ^J^^J^^^-
by him transmitted to Congress at as early a day as practicable. p0o<ntiira u> hi
^_ ._ Approved, March 3d, 1847. " STiJc^ilSS?^'
CHAP. 239. An act to provide for the puoishinent of piracy in certain
cases.
^ I. Beit enacted, ^c«, That any subject or citizen of any
foreign State who shall be found and taken on the sea m^ing
war upon the United States, or cruising against the vessels and rabjJ^tT^ for.
property thereof, or of the citizens of the same, contrary to the S!f°t2i*Sii*^
provisions of any treaty existing between the United States and f,;^^'i ^jjj!
the State of which such person is a citizen or subject, when by !*/'> <^* ^.^
such treaty such acts of such persons are declared to be piracy, •d M|MratM.
may be arraigned, tried, convicted, and punished before any cir-
cuit court of the United States, for the district into which such
person may be brought, or shall be found, in the same manner as
other persons charged with piracy may be arraigned, tried, con- -
vioted, and punished in said CQOrts.
Approved^ March 3(/, 1847.
CHAP. 240. An act authorizing the erection of ceftain iight-houses, and
for other purposes^ ^
^ I. Beit enacted, fyc, That as soon as a cession shall be
made by the States, respectively, within the limits of which any
of the light-houses and other public works hereinafter F^vided ^^ Aopw^attoji
for may be situated, to the United Slates, of the jurisdiction over*e. ' **^"'
a tract of land, respectively, proper for the said light-houses and
other public works, the Secretary of the Treasury shall cause the
said light-houses and other public works to be erected; and
that he shall cause the light-houses and other public works here-
in provided for, which may be situated on such locations as are
now within and under the jurisdiction of the United States, to
be erected as soon as practicable ; and that the following sums
be, and hereby are appropriated, out of any money in the Treas-
ury not otherwise appropriated, for the purpose herein specified,
to wit :
IN MAINE. MaiBt,
For building a light-house at Little river, in the town of Cut-
ler, five thousand dollars ;
For rebuilding a light-house at' Mount Desert rock, fifteen
thousand dollars ;
For building a light-bouse at Prospect harbor, in the town of
Gouldsborougb, fire thousand dollars ;
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32D0 IB4f CUAP. m.
For a spindle on the Sooth breaker, near While Head fighf^
three hundred dollars ;
For pfacing buoys on Tnindy's reef and Broad Cove rock, id
Muscle Ridge channel, to wit : one at each of the following pla-
ces : Hay Island ledge, Hurricane ledge, Shreve's ledge, Speoce'a
Head Island ledge, Long ledge, and Muscle ledge, two thousand
dollars.
NtwHuvhi... IN NEW HAMPSHIRE,
For rebuilding the light-house on a rock called the Whale's
Back, twenty-five thousand dollars, inclusive of a former appro-
priation for a breakwater to prptect that light-house.
M.m<ba.t«. IN MASSACHUSETTS.
For such a beacon as may be deemed necessary by the Secre^
tary of the Treasury on a rock called (he '* Londoner,*^' near
Thatcher's Island, six thousand dollars ;
For a light-house on Minot's rock, tn Boston harbor, twenty
thousand dollars ;
For three spar buoys in Welfleet harbor, four spar buoys art
the mouth of Westport harbor, and for nine buoys and a beacon
in Buzzard's bay, two thousand dollars ;
For a light-boat to be stationed near a reef of rocks at the en-
trance of the Vineyard sound, called the Sow and Pigs, ten
thousand dollars ; or for a permanent light-house on said reef, as
the Secretary of the Treasury may deem best ;
For buoys on Hatset's rock, Mill rock, and three buoys on the
spif, in and near the harbor of Edgartown ; for a buoy at Rock-
port ; for a buoy off Brant point, Nantucket ; for beacons or
buoys on Harbor rock, Clam rock, Elisha'^ ledge, Fort point, and
Black rock, in the harbor of Gloucester, two thousand dollars ;
for Vk buoy on Ben's shoal off Monamoy point, eighty dollars ;
(or a buoy-boat on the east end of Tuckermuck shoal, and one
on the end of Great or Sandy point rip, eight hundred dollars ;
For repairs to the ^use^ay betiye^n the light-house and shore
at Edgartown, five thousand dollars.
c«necuc«i, II^ CONNECTICUT.
For a light-house on the North Dumpling, in Fisher's Island
sound, five thousand dollars ;
For a beacon on the South west ledge, in New Haven harbor,
one thousand dollars ;
For rebuilding the light-house at the entrance of New Haven
harbor^ at a place to be designated by the Secretary of the Treas-
ury, ten thousand dollars ;
For buoys at the following places, viz : One on Moulton'a
ledge, in New London harbor, one on the outward end of the
northeast bar of <* Two Tree Island," one on the north end of
Bartlett's reef, one on the south end of the Great Goshen reef, one.
on White rock -reef, in Black Point bay, and one at the Housa-
tonic river, the sum of seven hundred and twenty dollars;
To complete the sea-wall for the protecition of the light-bouse
on Fair Weather island, near Black Rock, ten thousand dollars.
Digitized by CjOOQIC
l84r-'-^flAP. 240,
3201
IN RHODE ISLAND, Rhode I.land.
For a buoy on Brinton's reef, near the entrance of the harbor
ef Newport, and for placing buoyi on Buckley rock, Race rock,
and on the east end of Watch Hill reef, four hundred dollars.
IN NEW YORK. New York.
For a light-house at the entrance of Cattaraugus creek, four
thousand dollars ;
For a red light on Governor'^ island, pne hundred and fifty
dollars ;
For a light-house on Execution rocks, in Long Island sound,
twentyrfive thousand dollars ;
For a beacon on Sandy Hook, three hundred dollars ;
For a b^aogm op th^ poutb aide of Statin Island, three hon- ^
eked dollars;
For three beacon lights on the riv^r St. llawrence, at the pas-
sage of the '< Thousand Isle^,'' one at the head of the Narrows,
one at Low Rock islet below Alexandria, and one at the shoal
below Crossover island, six thousand dpllars ;
For a light-house op Teller's point, on the Hudson river, four
thousand oollars ;
For"* furnishing the light-houses on the Atlantic coast with
means of rendering assistance to shipwrecked mariners, five thou-
sand dollars, the same to be under the control and direction of
the Secretary of the Treasury.
IN PENNSYLVANIA.
To continue the construction of the light-house on the Bran-
dywine shoals, in the Delaware river, thirty thousand dollars.
IN NEW JESREY.
For a Beacon light at the corner stake (so called) between
Elizabeth point and Shorter's island, and also for a small light or
lantern at Shorter's island, five thousand dollars.
For a light-house on the south end of Tuckers Beach, six thou-
9ai)d dollars i
For a buoy in the south channel of New iplet> near Tuckerton,
eighty dollars ;
For placing buoys in Little Egg Harbor, four hundred dol*
m PKI.AWARE.
For buoys to mark the channels discovered by the ooaat sur-
veyors in Delaware bay, three thousand tbree hundred dollars.
IN MARYLAND.
F^ 9, beiK^9l9rlight Ht Gceembuiy point, at the harboc of Aoh
mpoU^, tbr^t^ai|8a^4Q|ve bMndred dollars.
IN VIRGINIA.
For a buoy oi^ Stmd Shoal inlet^ in Aocomao, ofie hundVed
dollars-.
IN NORTH CAROI^INA.
For alight^hoose on Boddy's island, twelve thousand dolWs^
Penofjlvaola.
New Jenej.
Delaware.
Marxland.
Vlxfinia.
North CaroUoa.
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3202 1847 Chap. 240.
a former appropriation of five thoasand dollars baviogf been car-
ried to the surplus fund ;
For a floating light, to take the place of one now off Brandt
island, which is too much decayed for repair, fifteen thoosaad
dollars.
South Carolln.. IN SOUTH CAROLINA.
For a light-house on South island, on the southern edge of
Winneyah entrance, five thousand dollars ;
For a light-house at the entrance of Santee river, five thoa-
sand dollars ;
For buoys in Bull's bay and Santee river, one thoasand diil*
lars;
For beacons to guide vessels over Charleston bar, three thou-
sand dollars ;
G^^ IN GEORGIA.
For placing a lantern, lamps, and reflectors upon the beacoD
already erected upon the ** Oyster bedb,'' in Savannah river, and
for a small house for the keeper, two thousand dollars ;
For erecting a small tower and a keeper's house upon the east
end of Long Island, in said river, also for a similar tower and
house on the east end of Fig island, in said river, six thoosaDd
dollars ;
For a buoy at Sapelo inlet, one hundred dollars.
Florid.. IN FLORIDA.
For a light-house at Cary's Fort reef, the sum of thirty thou-
sand dollars, heretofore appropriated and carried to the surplu
fund, is hereby reappropriated.
For a Jight-house on Egmont key, at the entrance of Tampa
Bay, ten thousand dollars ;
For a light-house at Cape Canaveral, twelve thousand dollars;
For a light-house at Cape St. George, eight thousand dollars ;
For a light-house* at Cape St. Bias, eight thousand dollars ;
For a light-house at Key West, the old one having been de-
stroyed by a tornado, twelve thousand dollars ;
For a buoy on *^ Rebecca shoal," about twenty miles east of
Tortugas light, three hundred dollars ;
For a screw-pile light-house on or near Sand key, the light-
house at that place having been destroyed by a tornado, twenty
thousand dollars* '
IN MISSISSIPPI.
For a light-house oh Merrill's shell bank, twelve thousand dol-
lars ; and the the appropriation of a like sum for a light on St.
Joseph's island, on the third day of March, eighteen hundred
and thirty-seven, is hereby repealed ;
For a light- house at Biloxi, twelve thousand j^ollars.
^^^^ IN LOUISIANA.
For a light-house on the " Bon Fouca," three thousand dol-
lars ;
Digitized by CjOOQIC
1847 Chap. 240.
S203
IlUDOif.
For a light-bouse oo South Chandeleur island, twelve thou-
sand dollars.
IN TEXAS. T«a..
For the erection of a light-house on Galveston. island, fifteen
thousand dollars ;
For the erection of a light-house on Matagorda island, fifteen
thousand dollars ; '
For twenty wrought-iron buoys, to be placed in the waters of
Texas, five thousand dollars.
IN OHIO. Ohio.
For a beacon-light and preparing the head of the pier for the
same at Vermillion river, three thousand dollars ;
For a light-house on Western Sister island, in Lake Erie, four
thousand dollars.
IN ILLINOIS.
For a light-house at Chicago, three thousand five hundred
dollars ;
For a light-house at Littlefort, four thousand dollars.
IN MICHIGAN.
For a light-house at Monroe, three thousand dollars;
For a light-house at Clinton river, three thousand dollars ;
For a light-house near Waugoshance, the sum appropriated by
the act of the seventh July, eighteen hundred and thirty eight,
to wit : twenty-five thousand dollars, is hereby appropriated ;
For a light-house at Point au Barques, on the westerly shore
of Lake Huron, and at the mouth of Saginaw bay, five thou-
sand dollars ;
For a light-house at De Tour, where the river Sault Ste. Marie
empties into Lake Huron, five thousand dollars ;
For a light* house at White Fish point, on Lake Superior,*five
thousand dollars ;
For a light-house at St. Joseph's, three jlhousand five hundred
dollars ;
For a light-house at Copper Harbor, Fort Wilkins, Lake Su-
perior, five thousand dollars.
IN WISCONSIN-
For a light-house at Southport, four thousand dollars ;
For a light-house at or near Tail point, at the mouth of Fox
river, four thousand dollars.
^ 2. Aiid be ii further ena^ed^ That the works at Cary's
Fort reef, Florida ; near Waugoshance, Michigan ; Minot's rock,
Massachusetts ; Whale's back, New Hampshire ; Farr Weather
island, near Black rock, Connecticut ; and Brandy wine shoals,
in the Delaware river, Pennsylvania, shall be executed under the
superintendence of the Topographical Bureau.
^ 3. And be U further enacted^ That the light at the Dela-
ware breakwater shall hereafter be included within the list of
those established by law.
^ 4. And be it further enacted^ That the following named
Wiaconsin.
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3204
1847 Chap. 240-^1.
Kgbt'lMimes be, and they are hereby, ditfcMitimied, to wk: one
at the west eod of St. Qeorge's island and one at tbe eatraiM
of St. Joseph's bay, in Florida ; one at Cuiipingham's harbor wad
one at Otier creek, on Lake Erie ; the light-house on Otter
creek not to be discontinued, howcYer, untit the ligbt-hoose il
Monroe be conif leled ; and that, wbeaiever the li^t-house oo
the Execution rocks, Long Island sound, is oompleted, theaUie
light at Sand's point, on Long Island, be discontinued.
ApfTimUj Marck 3< 1847.
Chance of
dary,
Anise. 89.
CHAP. 241. An act for the admission of the State of Wisconsin into the
Union.
pnwnbie. Wbofcas the people of the Territory 6f Wiscon^ did, oo
the sixteenth day of December, eighteen hundreif attrf hftf^,
by a convention of del^ates ealled and! assembled for that par-
pose, form Cor themselves a constitution and State goveroneat,
which said constitution is republican ; and said oooventioa hav-
ing asked the a4niission of said Territory into tbe Union ss a
State, on an equal footing with the original States :
State <d w\L^ ^ \. Beit enadedy tfc.^ That the State of Wisconsin be, sod
SSriSe Birr'* the same is hereby declared to be, one of the United S&fesof
America, and is' hereby admitted' into tlie Union on an eqilal
footing with the original States, in ail inspects whatever.
^ 2. And he U further enacted, Thaf the assent of Coogress
is hereby given to the change of boundary proposed in the first'
article of said constitution, to wit : leaving the boundary lioe
prescribed in the act of Congress entitled '^ An act to enaMe tbe
people of Wisconsin Territory to form a constitntiob and State
government, and for the admission of such State into the Uoioo,"
at the first rapids in the river St. Louis, thence in a direct line
southwardly to a point fifteen miles east of the most easterly
point in lake St. Croix, thence due south to the main channel of
the Mississippi river os lake Pepin, thence down the said msio
channel, as prescribed in said act«
AMent of Con. ^ 3- ^^^ ^^ ^ further enacted. That the assent of Congress
SSI of (JS^ii''^ hereby given to the resolutions adopted by said convention and
'^'^tr^'lLid^^'^P^"^^^ ^^ ^'^ constitution, and the acts of Congress referred
and tbe 6 pr. ct! to iu Said rosolutions are hereby amended so that the lands theie-
by granted and the proceeds thereof* a^ul the five per centum of
the net proceeds of the public lands, may be held and disposed
of by said State, in the manner and for the purposes recom-
mended by said convention : Prouided, howeoeTy That the lia*
bilities incurred by the territorial government of Wisconsin, on-
Act of 1838, o.der the act entitled '< An act to grant a quantity of land to the
Territory of Wisconsin, for tbe purpose of aiding in opening a
canal to connect the waters of Lake Michigan with those of
Rock river," shall be paid' and disehaiged* by said Slate: AMd
providedj further, That the even numtered-seotiona aleag the*
route of said proposed canal shall be brought into market, and'
sold at the same minimum price, and subject t* tlte same rigtits
Provbo.
134,
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184T- — Chap. 241— 242. 3205
of preemption to all the settlers thereon at the passage df this
act, as otfter public lands of the United States.
i 4. And be U Jurtker enacted^ That it is made and declared oondkio».
to be a fundamenlal condition of the admission of said State of
Wisconsin into the Union, that the constitution adopted at Mad-
ison, on the sixteenth day of December, in the year one thou-
sand eight hundred and forty-six, shall be assented to by the
qualified electors, in the mannei and at the times prescribed in
the ninth section of the twentieth article of said constitution.
And as soon as such assent shall be given, the President of the
United States shall announce the same by proclamation ; and
therefrom, and without any further proceedings on the part of
Congress, the admission of said State of Wisconsin into the
Union, on an equal footing in all respects whatever with the
original States, shall be considered as complete.
Approved, March Zd, 1847.
CHAP. 242. An act to create an additional land district in the Territory
of Wisconsin, and for other purposes.
^ \. Be U enacted, ^c„ That all that portion of the public .chippmra Umi
lands lying within the Territory of Wisconsin, north and west of '**5*"«* «'••*«'•
the following boundary, to wit : Commencing at the Mississippi
river on the line between townships twenty^two and twenty-three
north, running thence east along said line to the fourth principal
meridian, thence north along said meridian line to the line divi-
ding townships twenty-nine and thirty, thence east along said
township line to the Wisconsin river, thence up the main chan->
nel of said river to the boundary line between the State of Mi*-
chigan and the Territory of Wisconsin, shall form a land dis-
trict to be called the Chippewa land district ; and for the sale of uad osh* to
the lands in said district a land office shall be established at such ^ '^^''^^^^
place therein as the President of the United States may select.
' ^ 2. And be U further enacted, ^That the Secretary of 6«oiogiMi n.
the Treasury shall cause a geological examination and sur-S^d^^ nu
vey of the lands embraced in said district to be made and rc^ ^!^ '^ ^
ported to the Commissioner of the General Land Office. And
the President is hereby authorized to cruse such of said lands as
may contain copper, lead, or other valuable ores, to be exposed
to sale, giving six months' notice of the times and places of sales MiMraf ud
in such newspapers of general circulation in the several States as 2!^^^^^ {^
he may deem expedient, with a brief description of the lands to be '^*
offered ; showing the number and localities of the mines known»
the probability of discovering others, the quality of the ores, the
facilities of working the mines, and the means and expense of
transporting their products to the principal markets in the United
States. And all the lands embraced in said district, not reported
as aforesaid, shall be sold in the same manner as other lands
under the laws now in force for the sale of the public lands, ex- laui Metions
eeptiog and reserving from soch sales section sixteen in each i^^*-^ ^ ^
rs
Digitized by CjOOQ IC
3206 18i7 Gb^p.
township for the use of schools, and soch reservatioDS as the Pre>
sident shall deem necessary for public uses.
pi*.Mption § 3. And be it further enacted, That every person or per*
MooVaDU *^'°^ sons who shall be in pessession, by actual occupancy, of a mine
•""•^ or mines, actualljr discovered previous to the passage of this act,
and who shall pay the same rents as those who hold under leases
from the Secretary of War, and which rents, accrumg from such
occupants and lessees shall be paid and delivered to such oflicer
of the Government as the Secretary of the Treasury shall direct,
shall be entitled to purchase the lands on which the same is or
are situated at any time prior to the day of sale 6ied by the Pre-*
sident, in legal subdivisions, not exceeding in the aggregate one
hundred and sixty acres, to include such mine or mines, paying
to the United States therefor at the rate of five ddlara per acre ;
noviM. Provided, That, prior to any entry being made under the pro-
visions of this section, proof of possession and occupancy as afore-
said of the mine or mines claimed shall be niade to the register
and receiver of the land district, together with the evidence of
the payment of all rents due the United States, agreably to such
rules as may be prescribed by the Secretary of the Treasury for
that purpose, which register and receiver shall each be entitled
. iip(»ais may to rdbcivc One dollar for his. services therein : Provided, Thai an
ereu!^r%rwi^ appeal from the decision of the register and receiver to the Se-
'^' cretary of the Treasury may be had» under such regukiioDa as
the said Secretary may prescribe. And if two or more persons
are in possession of the same quarter section, the first occupant
shall be entitled to a perference, unless the same can be so dfvid^
ed by legal subdivisions as to give to each the discovery claimed
by him.
How nineni ^ ^' ^^^ ** it further enacted, That the said mineral laadf
Silli fcr*ILto^ *''^*" be ofiered for sale in subdivisions of quarter sectioos,
' "* ' and no bid shall be received at a less rate than fife doUar» per
acre ; and if such lands shall not be sold at public sales, they
ProTiM. shall be subject to entry ^i private sale at that price : Providied,
That no legal division or subdivision of any of said lands upon
which there may be an outstanding lease or leases frooi the Saore*
tary of War unexpired or undetermined,and which is actually ocea*
pied for mining purposes, and the occupants of which have compli-
ed with all the requisites of such tease or leases, and continued to
perform the same, shall be sold until after the determination of sadi
lease or leases by efflux of time, voluntary surrender, or other le-
gal extinguishment thereof, except in such cases as are provided fos
in the third section bf this act, and the lessees respectively, shall
be entitled to the privilege secured by said section upon the vo-
luntary surrender of the lease or leases held by them.
Han«ff«iiMQtt ^ ^' -^***'** ^ further enacted. That the management and
Jd'hiidlf to "K <»ntrol of the mineral lands shall be transferred from the War
tnineforiw to Department, and placed under the jurisdiction and control of
ISS^Sf^ apart. ^^ iVeasury Department, and all books, maps, papers, iastra-
ments, and other property procured to be used and employed in
Digitized by CjOOQIC
1847 Chap 242—343. 33Q7
the mftnagement, lunrey, exploriDgor Gondqcling of said mine-
rai laDds H^y the War Department, shall be delivered over and
made, subject to the disposition of the Secretary of the Trea-
sury.
4 6. And be U further enadedy That the President, by and lugigut Md
with the advice and consent of the SenAe, so soon as a sufficient fp^2^, ^ ^
number of townships are surveyed, and returns thereof made to
the Greneral Land Office, to authorize the commencement of
the sales in said district, shall appoint one register and one receiver
for the land office in said district, who shall reside at the place
designated by the President for the land office, receive such
compensation, give security, and discharge all duties pertaining
to such office, as are prescribed by law.
Jipprovedf March 3d f 1847.
CHAP. 243. An aet fpr the reduction of the costs and expenses of pro-
ceedioga in admiralty against ships and vessels.
^ I. Be it enacted f 4*^., That in any case brought in the Maniiaitotuj
courts of the United States, exercising jurisdiction in admiralty, mi^ty^c««/1^
where a warrant of arrest, or other process in rem^ shall be is- proj^nf am«i!
sued, it shall be the duty of the marshal to slay the execution of Snd**M?^i25f
such process, or to discharge the property arrested, if the same has "ty from eiaim-
been levied, on receiving from the claimant of the same a bond crM^r mrt. ^'
or stipulation in double the amount claimed by the libellant, with %
sufficient surety, to be approved by the judge of the said court,
or, in his absence, by the collector of the port, conditioned to
abide and answer the decree of the court in such cause ; and
■such bond or stipulation shall be returned to ihe said court, and
judgment on the same, both against the principal and sureties,
may he recovered at the time of rendering the decree in the ori-
ginal cause^: Provided, That the entire costs in any such case, ^l^'^]^"^^^**
in which the amount recovered by the libellant shall not exceed applied.*"
one hundred dollars, shall not be more than fifty per cent, of the
•amount' recovered in the same, which costs shall be applied, first
to the payment of the usual fees for witnesses, and the commis-
sioner, where a commissioner shall act on the case, and the resi-
due to be divided, pro rata, between the clerk and marshal,
under the direction of the judge of the court where the cause may
be tried : Provided furthery That no attorney's or proctor's fees No atumMi's
shall be allowed or paid out of the said costs. Z CTtSd' ^t
ApproDedj March 3d, 1847. ^^ "" *-^-
CHAP. 244, An act to give the consent of Confess to the sale of cer-
tain' salt spring lands heretofore granted to the States of Michigan,
Illinois, and Arkansas.
^1. Beit enacted, 4'C.,That the State of Michigan shall he,^^^ ^^
and hereby is, authorized and empowered to sell, in such man- '^"iJJi^i^^i.^*^'*
ner as the legislature of said State shall by law direct, the salt thorii!^.
spring lands granted to said State for its use, by an act entitled
^< An act supplementary to the act entitled an act to establish the
Digitized by CjOOQIC
320S 1847 Chap. 244-— 345.
jjAotjr^iwfc^ northern boundary line of the State of Ohio, and to provide for
the admission of the State of Michigan into the Union on cer*
tain conditions/' approved Jane tweniy*third, eighteen hundred
and thirty-six.
Sato of siiiii. ^ 2. And he it furiher enactBdj That the Slate of Illinois
But! S^muiou ^^^^^ ^* ^^^ hereby is, fOithorized and empowered to sell, io sack
•uthoriMd. manner as the legislature of said State shall by law direct, the
• whole or any part of the saline lands lying in Jackson county, in
«ifTOL^^MS74! said State, which were graYited to the State of Illinois, by virtae
of " An act to enable the people of the Illinois Territory to form
a constitution and State government, and for the admission of
such State into the Union on an equal footing with the origi-
nal States," approved April eighteenth, eighteen hundred and
eighteen. ....
Sato of stiiM ^ 3- ^^^ ^^ ^ furiher enacted^ That the Sute of Arkan-
'siluoTAJkMMl'*" **^'' ^» ^^^ hereby is, authorized to sell, in such manner u
auhorisMi. the legislature of said State shall by law direct, the whole or an;
part of the saline lands granted to said S4ate by virtue of an act
ifl^^.^' p. supplementary to the act entitled " An act for the adnaission of
*^ the State of Arkansas into the Union, and to provide for the doe
execution of the laws of the United States within the sanae, and
for other purposes," approved June twenty-third, eighteen hand-
red and thirty-six. Approved, March 3d, 1847.
CHAP. 245. An act to establish a port of entry at Saiuna, in the State
of Texas, and for other purposes.
^ 1. Beit enacted^ ^c, That all that part of the State of
Nftw conaoUiNi ^^^^^ south and west of the counties of Matagorda and Whar-
DiMrtetjii TMuton, and including said counties, shall be detached from the dis-
**8aiuria Seated trict of Toxas, aud shall constitute a collection district: That
aponofsnuy. gaiuria, ou the northeasterly part of the island of Matagorda,
shall be the port of entry for said district, and that Matagorda,
Porta or dtuve. Arausas, Copano, and Corpus Christi, as ports of delivery onlj.
''collector to bo ^ ®* ^"^ '* ^ fwther enacted, That a collector for the dis-
app^intodJ trict of Saluria aforesaid shall be appointed by the President,
with the advice and consent of the Senate of the United States,
who shall hold his office for the terms and for the time prescribed
by law for the like office in other districts. The said collector
fl^nr* shall reside at Saluria aforesaid, and he shall be entitled to a sal-
ary not exceeding twelve hundred and fifty dollars per annum,
including in that sum the fees allowed by law, and the amount
be shall collect in any one year for fees exceeding the said sum
of twelve hundred ^nd fifty dollars shall be accounted hx and
paid into the treasury of the United States.
Burvoyoffitobo ^ ^* ^**^ ^^ *' furthcr cnacted, That surveyors for the afore-
appoiatod. gaid ports of delivery, to wit : Matagorda Labaca, Corpus Christi,
and Copano, shall be appointed by the President, with the advice
and consent of the Senate, with authority to exercise all the pow-
ers conferred by law on such officers ; and that the salaries of said
■aiarioi. surveyors at Matagorda and Labaca shall be at the rate of six
Digitized by CjOOQ IC
18*7 Chap. 245— 248. 3209
handred dollars per anDam ; and of those at Copano and Corpus
Christ! shall be at^the rate of five hundred dollars per annum; -
and that there shall be a deputy collector appointed according to Dopoty coiiee-
law, to reside at Aransas, and to exercise such powers under the A^m'^*'^ ^^
revenue laws as the Secretary of the Treasury may prescribe ; the
compensation of said deputy coltector shall be the legal fees on Feat.
the business he may transact, and no more ; and that the survey-
or for the port of Cavallo shall be discontinued.
^ 4. And be U further enactedy That the surveyor for the pj'"'^gr"a^j2
port of Sabine shall be discontinued, and a deputy collector shall dul^nunned JH
be appointed for said port of Sabine, with the same powers as ^ K^app?iD*tI^
the deputy collector of Aransas, provided for in third section oif
this act, whose salary shall be at the rate of one thousand dollars
per annum.
^ 5. And be it further enacted^ That the salary of the col- salary of coi.
lector for the district of Texas, residing at Galveston, shall be, iS!*' " ^•^^•^
from and after the thirtieth day of June next, not exceeding sev-
enteen hundred and fifty dollars, including in that sum the fees
allowed by law, nnd that the amount he shall collect in any one
year for fees exceeding the said sum of seventeen hundred and
fifty dollars shall be accounted for and paid into the treasury of
the United States. ' Approved f March 3d, 1847.
CHAP. 247. An act to amend an act entitled an act' to raise for a limit-
ed time an additional military force, and for other purposes.
^ \. Beit enactedy fyc. That under the provisions of the ninth Anto e. 190.
section' of the act approved February eleventh, eighteen hundred
and forty-seven, entitled *^ An act to raise for a limited time an
additional military force, and for other purposes," it shall be the
duty of the Secretary of the Treasury to issue Treasury strip Howicripahtu
therein provided, on the certificate of the Secretary of War, »»• «««•* ^"gj
showing the claimant entitled thereto, and not otherwise; andofaetorpabraary
that the stock thus issued shall bear interest Irom the day of pre- ^'^'^^^'
tenting to the Treasury Department such certificate of the Sec-
retary of War in due form, and the interest thereon shall be pay- \^^^ ^^^
able on the first days of January and July in each year, and shall payabia.
be transferable on the books of the Treasury Department kept in
the Register's office. Such certificates of stock shall be signed Howeertifioataa
by the Register of the Treasury, under the direction of the qf •^" ^. '^fQ^
the Secretary, who shall cause the seal of the Department to be* "**' '
aflixed thereto, and 00 other signature shall be required to said
stock. Approved, March dd, 1847.
CHAP. 248. An act creating a collection district in Maine, and consti-
tuting Bangor, in said district, a port of entqr and delivery.
^ I. Beit enactedy SfC.^ That the counties of Penobscot and
Piscataquis, and the town of Frankfort, in the county of Waldo, ^^^^oUaetioo di».
be, ana they hereby are, created a collection district, which o«^ui ^"*^''
shall be known and called the district of Bangor ; and Bangor,
within said county of Penobscot, is hereby made a port of entry poSTSKLuf/.*^* *
and delivery for said district.
Digitized by CjOOQIC
3210 1847 Chap, 248—849.
•p^la^!' "» ^ ^2. And he U further, enacted, That ihefe shall bt a eoHeo
tor of customs appointed for said district, together with such oth-
er officers as are provided for by law ; and the compensation <tf
said collector shall be such fees and commissions as he by law
may be entitled to.
prMkfori to i 3. And be U further enacted, That Frankfort, in the coun-
Mi7d!Mri?t'^ ""^ty of Waldo, shall form a part of said district of Bangor, in the
same manner that it now forms a part of the district of Belfast ;
and there shall be a deputy collector at Frankfort, as is now pro-
vided by law, who shall perform all the duties, and exercise all
the powers, in the same manner as the same were performed and
exercised when Frankfort constituted a part of the district of Bel-
fast. Approved, March 3d, 1847.
CHAP. 249. An act making provision for an additional number of gen-
eral officers, and for other purposes.
Th«uDrec>u, ^ ^* ^^ it enacted, fyc, That the president of the United
t£f***S*?f ihJ States be, and he is hereby, authorized to organize the ten regi-
^' iuS' ^^^^^^^ ^^ ^^ raised by virtue of the act of the eleventh of Febru-
^^'^ ary, eighteen hundred and forty-^seven, into brigades and divi-
sions, either by allotting portions of the same to the brigades and
divisions of the regular army or volunteer forces in tbe service of
the United States, and if the efficiency of the service shall re-
quire it, to appoint, by and with the advice and consent of the
Major Genmii Senate, such number of additional brigadier generals, not ex-
GtoiHinii^'if^iS ceeding three, and major generals not exceeding two, as the
^^f^Si: organization of the said forces, may require : Provided, That
each brigade shall consist of not less than three regiments, and
each division of not less than two brigades : And provided Jur^
ther. That the said general officers shall be immediately dia-
charged from the service of the United States at the close of
the war with Mexico.
oa« Adjataot ^ 2. And be it further enacted. That tliere shall be added
^MbuIi'tMMrrb^^ ^he Adjutant General's department one assistant adjutant gen-
to iM ftppjniMii eral, with the rank, pay, and emoluments, of a lieutenant colon-
el of cavalry, ond two assistant adjutants general, with the bievet
rank, pay, and emoluments of a captain of cavalry, to be appointed
by the President, by and with the advice and consent of the Senate,
in the same manner, aad be charged with the same duties, as
those authorized by existing laws.
pmidMt fto- ^ 3, And be it further enacted, That the President be, and lie
eept tS2 i^i^; is hereby, authorized to accept the services of such of the volun-
?iMM££"n'?to*®®"^" '^^^'^ *° Mexico as, in his opinion, the state of the public
oryanu* ' tb* gervico may require, and who may, at the termination of the
present term, voluntarily engage to serve during the war with
Mexico; and to ^ganize the samejnto eompanies, battalions,
and regiments, agreeably to existing laws, and to commission the
officers for the same.
Aiiditionai p«7 ^ 4. And be it further enacted, That in addition to the pay
^ . tolm^ and allowances provided for the volunteers now in the service of
^^^■^^l|^'*^' the United States, under existing laws, each volunteer who shall
Digitized by CjOOQIC
1847 Chap. 249. 3211
fg-enter the service ander the provisions of this act, in Mexico,
immediately after the close of his present term of service, shall be
entitled to a boanty of twelve dollars, to be paid arsoon as the
company shall have been duly mustei'ed and received be [by] the
mustering and inspecting officer.
^ 5. And be U further enacted, That, the President be, and J^''»«*"*' ^o»-'
he is hereby, authorized to accept the services of individual vo- !^t«i '^U sh
lunteers to fill vacancies which may occur by death, discharge, ''''*^**' **•
or other cause, in the volunteer regiments or corps now in the
service of the United States, or which may be received during
the existing war with Mexico.
^ 6. And be U further enacted; That all the officers to be
appointed in the ten regiments to be raised and organized under
the " act to raise for a limited time an additional military force, ^hSTt^'^'^'*
and for other purposes," shall take rank, in case of equal grade, * '"^^'
in such manner as the President of the United States may direct. Ante e. ige.
without regard to priority of appointment.
^ 7. And be it further enacted, That to each company of said NnniMrarMib-
ten regiments there may be appointed the same number of subaN JlSj?"**' •**^
tern officers as are provided by ezistrog laws fpr the companies of
volunteers whose term shall expire as provided in the fifth 'sec-
tion of the act of eleventh of February, eighteen hundred and
forty-seven.
^ 8. And be it Jurther enacted, That the provisions of the act ^^^^ ^^^
approved May thirteenth eighteen hundred and forty-six, enti- omb-
tied " An act to authorize an increase of the rank and file of the abw e. i7.
army of the United States," be, and the same are hereby, made
applicable to the regiment of mounted refiemen authorized by the
act of the ninth of May, eighteen hundred and forty-six.
^ 9. And be it further enacted, That to each regiment of f eamtten for
dragoons, artillery, and mounted riflemen, in the regular army, d«fJS!ir*"»rtS^
there shall be added one principal teamster, with the rank and ilZa^i.'"*"****
compensation of quartermaster sergeant ; and to each company
of the same, two teamsters, with the compensation of artificers,
r ^10. And be it further enacted, That the proviso to the
second section of the act approved March second, eighteen hun-
dred and twenty-seven, entitled ** An act giving further com-
pensation to the captains and subalterns of the army of the Unit-
ed States, in certain cases," shall be so interpreted as not to in-
clude lieutenants who hold the appointments of adjutant and re-
gimental quartermaster.
^ 11. And be it further enacted. That so much of any army Lieotonvite iwirf-^
regulation as gives to any sutler a lien upon any part of the pay ^^J^^^
of the soldiers, or a right to appear at the pay table to receive Jj;*j^j««» 'jjj;
the soldier's pay from the paymaster, shall be, and the same is teriMitM. ""*
hereby, abrogated ; and all regulations extending the rights and m^^^i^m.
privileires of sutlers beyond the rules and articles of war shall be, i^ti«n to bavo'
and hereby are, abrogated. ofMUiin, *•;
^ 12. And be U further enacted, That the President of the
United States be, and he hereby is authorized, by and with the
Digitized by CjOOQIC
3212 1847 CHAP.24d.
sp,-^f„'^jP'i*i[ advice and consent of the Senate, to add to the pay department
nLtmitS%Slv^^^ the army two deputy paymaster generals, with the p^y and a(-
poinced. lowances eaeh of a deputy quartermaster general ; and ten pay**
masters with the pay and allowances each of a paymaster of the
army ; and the officers so appointed shall give such bonds as the
President shall, from time to time, direct: Providedy That the
l^roviflo. deputy paymaster generals shall, in addition to paying troops,
superintend the payment of armies in tlie field.
Rankof offlcan ^ ^^' ^'*^ *^ itfwthtr enccted, That the officers of the pay
oi Pky Depc. department shall have rank corresponding with the rank to which
their pay and allowances are assimilated : Provided, That pay-
prorito. masters shall not in virtue of such rank be entitled to command
in the line, or other staff departments of the army : Provided^ al^
so, That the right to command in the pay department between
officers having the same rank, shall be in favor of the oldest in
service in the department, without regard to the date of commis-
sion under which they may be acting at the time.
PETmtMen of ^ ^*' ^^^ *« ^ fwther enocttd, That all paymasters here-
voiuniMra to ht after to be appointed by the President for the volunteer service
sonatlT ^ * of the United States shall be nominated to the Senate for con-
firmation to such olBce.
' 4 15. And b^U further enacted, That the non-commissioned
Bounty to tne _,• ,, •••^ #»i • i»i.
ntimeot of dn(- officers, musicisns, and privates, of the regiment of dragoons au-
^"^ thorized to be raised by an act entitled ^ << An act to raise for a
Antoc. 190. limited time an additional military force, and for other purposes,"
shall receive the same bounty as is allowed to the non-commis-
sioned officers, musicians, and privates of the other regiments
authorized to be raided by said act.
inenaMofoni- ^ ^6. And be U further enacted, That the President of the
BUM Dept. United States be, and is hereby, authorized to add to the Ord-
nance Department, whenever he shall deem it expedient to in«
crease the same, two captains and six first lieutenants, who shalf
be entitled to receive the same pay and allowances as officers of
those grades, respectively, now belonging to that department,
to be disbanded at the close of the war.
Bnyetotonon- ^ ^^' And be it furthet enacted, That when any non-com-
eommUsiDDod missioned officer shall distinguish himself, or may have distin-^
guished himself in the service, the President of the United States
shall be, and is hereby authorized, on the recommendation of the
commanding offider of the regiment to which such non-commis-
sioned officer belongs, to attach him by brevet of the lowest grade
of rank, with the usual pay and emoluments of such grade, to any
corps of the army ; Provided, That there shall not be more than
ProTiw. one so attached to any one company at the same time ; and when
any private soldier shall so distinguish himself, the President may
in like manner igrant him a certificate of merit which shall entitle
him to additional pay at the rate of two dollars per month.
^ 18. And be it further enacted, That there shall be added
tT^ ^ed" to to each of the regiments of artillery two companies to be organ-
jjchofrjgiaentojj^gj in the samo manner, and who shall receive the like pay and
allowances in every respect as authorised by existing laws ; and
Digitized by CjOOQIC
184^ Chap. 24d— 260. 3213
in addition to the four companies authorized by the act of March ^^i^^^^lSS,
second, one thousand eight hundred and twenty-one, to be equip- Aruitsiy.
ped as h'ght artillery, the President is hereby empowered, when
he shall dieem it necessary^ to designate four other companies, one
in each regiment, to be organised and equipped as light artillery ;
and each regiment of artillery shall be allowed two principal mu-
sicians with the rates of pay provided by law for the principal
musicians, in the regiments of infantry.
^19. And be it further enacted, That the officers and men p.- ^r ught
of the light artillery, when serving as such and mounted, shall re- Anirtwy.
ceive the same pay and allowances as provided by law for the
dragoons.
^ 20. And 6fc it further enacted, That the provisions of the auowum ©r
sixth section of the act entitled " An act respecting the organiza- to^^JijJJ^^^^
tion of the army," &c., approved August iwenty^lhird, one ^hou- JJJjjJj<*^jj^2"
sand eight hundred and forty-two, which allow additional rations Aotof i843, e.
to certain officers of the army, be, and the same are hereby, 8o'^'» •"'••
extended as to embrace the Quartermaster General and Adjutant
General of the army from the date of the act.
.^21: And be it further enacted, That for the purpose of rkScUmt wgi-
avoiding unnecessary expenses in the military establishment, in* JJJSStlS ^*!S'
eluding volunteers, the President of the United States be, and he SndilciwSad*""
is hereby authorized, in case of failure in filling the rank and file
of any regiment or regiments, to consolidate such deficient regi-
ment or regiments and discharge all supernumerary officers : Pro- ivoriao.
Hded, That officers so discharged shall be allowed, in addition to
the mileage already authorized by law, three months' pay to each.
^ 22. And be it further enacted, That all the officers appoint- ^,,^„ ^ ^„.
od, and the .additional force authorized to be raised under ^'"s J^^^^^^^^JIJ
act, shall be discharged at the close of the war with Mexico, ex- »j-j^»^» ^ <*""
cept the officers of the ordnance authorized by the sixteenth sec-* "
tion, and the two companies to each regiment of artillery, author-
feed by the eighteenth section of this act.
Approved, March 3d, 1847,
CHAP. 250. An act providing for the building and equipment of four
naval steamships.
^ I. Be it enacted, A-c, That the President of the United Four nr,i-cUiii
*. ,,••1 ■•! Il'l J •***'nil»l|»B TO DO
States be, and he ts hereby, authorized to cause to be built and buiit ud equip-
equipped four first-class sea-going steamships, to be attached to^*
the navy of the United States, and that one million of dollars be,
and is hereby appropriated for that purpose, to be paid out of
any money in the treasury not otherwise appropriated.
^ 2. And be it further enacted. That from and immediately sao'y ofN.yy
after the passage of this act, it shall be the duty of the Secretary ^•X*' of b!
of the Navy lo accept, on the part of the government of lheK.&omM&c^
United States, the proposals of E. K. Collins and his associates, cfmnUtati^^^a
of the city of New York, submitted to the Postmaster General, wpo^i
and dated Washington, March sixth, eighteen hundred and forty-
six, for the transportation of the United States mail between
74
Digitized by CjOOQIC
3314 1847 Chap. 2^.
New York and Liverpool, and to contntct with tl^e said E. K^
Collins and his associates for the faithful fulfilment of the stipu^
latioDS therein contained, and in accordance with the provisioas
of this act.
BiMunship*- ^ 3. And he it further enacted^ That the steamships to be
^^^^Z'*^ employed by the said E. K* Collins and his associates in the
transportation of the United States mail between New York and
Liverpool shaN be constructed under the inspection of a nanj
constructor in the employ of the Navy Department, and shall be
so constructed as to render them, convertible, at the least possible
Each itMiiMhip cost, into war-steamers of the first-class ; and that each of said
b^ni Aw^^° steamers shall receive on board 4bur passed midshipmen of the
> * United States navy, who shall serve as watch ofllcers, and be
suitably accommodated without charge to the government ; aod
the said steamers shall also receive on board and accommodate,
without charge to the government, one agent, to be appointed
by the Postmaster Greneral, who shall have charge of the mails
to be transported in said steamships.
■m>7 of Nmry ^ ^' -^^ *^ ^ further eMcted, That from and immediately
A G^^^"**^ ^^^^ ^^^ passage of this act it shall be the duty of the Secretary
tiuii^ruuoo of of the Navy to coquet, on the part of the government of the
New y^'^IHa United States, with A. 6. Sloo, of Cincinnati, for the transporta-
N. oriMu, slc ^;<jn of the United States mail from New York to New Orleans,
twice a month and back, touching at Charleston, (if practicable,)
Savannah, and Havana ; and from Havana to Chagres and hack,
twice a month. The said mail to be transported, in at least five
wb«t diMefip. steamships of not less than fifteen bundred tons burden^ and
^ Ihaji*^ propelled by engines of not less than one thoopa^d horse power
S!l?'mraui£?.^^''> to be constructed under the superintendence and direction
of a naval constructor in the employ of the Navy Oepartroeotr
and to be so constructed as to render them convertible, at the
least possible expense, into war steamers of the first class ; and
that the said steanaships shall be commanded by officers of the
United States navy not below the grade of lieutenant, who shall
be selected by the contractor, with the approval and consent of
the Secretary of the Navy, and who shaH be suitably accommo-
^j&jch ^of^ Mid dated without charge to the government Each of said steamers
eeivt on bo^ shall receivo on board four, passed niidshipmen of the United
IwpaSrid"***; Stales navy, who shall serve as watch officers, and be suitably
MiitfMu accommodated without charge to the government; and each of
the said steamers shall also receive on board and accommodate
without charge to the government, one agent, to be appointed by
the Postmaster General, who shall have charge of the mails to be
~^«' transported in said steamers : Provided, The Secretary of the Na-
vy may, at his discretion, permit a steamer of not less than six hun-
dred tons burden, and engines in proportion, to be employed in
compenmion. ^^^ mail scrvicc herein provided for between Havana and Chagres;
Provided, further^ That the compensation for said service shall
not exceed the sum of two hundred and ninety thousand dollars,
and that good and sufficient security be required for the faithful
fulfilment of the stipulations of the contract.
Digitized by CjOOQIC
1S47 Chap. 250—251. 3215
^ 5. And he it further enacted, That it shall be the duty of^^^f^^;^
the Secretary of the Navy to contract, on behalf of the 6<>vern- J^'iwuuot of
cnent of the United Stales, for the transportation of the mail ma u> oncoo. *'
from Panama to such port as he tnay select in the Territory of
Oregon, onee a month each way, so as to connect with the mail
from Havana to Chagres across the isthmus ; said mail to be
transported in either steam or sailing vessels, as shall be deemed
most practicable and expedient.
^ 6. And be it further enacted, That it shall be the duty p,„^2»**?J ^
of the Secretary of the Navy to provide, in the contracts author- « "y'^ij*i2ji
ized by this act, that the Navy Department shall at all times ez-i>««oeootroipver
ercise control over said steamships, and at any time have the **" """^''**'
right to take them for the execlusive use and service of the Uni-
ted States, and to direct such changes in their machinery and in-
ternal arrangements as the Secretary of the Navy may require ;
due provision being made in the said contracts for tho mode of
ascertaining the proper compensation to the contractors therefor.
Approved, March 3d, 1847.
CHAP. 251. An act to establish certain post routes and for other pur-
poses. ^
^ 1. Beit enacted, fyc, That the following be established as Po.t i
post-roads: tabiiihwi,
MAINE.
From Dixfield, through Peru, to Canton Mills, in the county
of Oxford.
From Newport, through Corinna and Dexter, to Dover, in the
county of Penobscot. ^
From Standish, through Limington, Sebago, Denmark, and
Bridgeton, to Sweden.
From Brownsville, in the county of Piscataquis, to Katadhin
Iron Works.
From Mohsonj by Abb6t, ParkiAan, Dexter*, and Newport, to
Detroit, in Maine.
NEW HAMPSHIRE. N.w.H.»pri.ir..
Prom Exeter to the city of Manchester.
From the city of Manchester to Amherst.
Prom the city of Manchester, through Candia, South Deer-
field, Deerfield, Nottingham, Wadley's Falls, Lamprey River,
Stratham, Greenland, to Portsmouth.
VERMONT. ▼•"»«"
From Bakersfield, via West Enosburgh post office, and Enos-
burgh Falls post office, to West Berkshire.
From Bridgewater to Ludlow.
From Northumberland, New Hampshire, to Sutton, Ver-
mont.
RHODE ISLAND. Rhode f.Ia»d
From Providence, Rhode Island, by Valley Falls, in Smith-
field, Diamond Hill, in Cumberland, West Wentham, Franklin,
Medway, and HoHiston, to Framingham Depot, in Massachu-
setts.
Digitized by CjOOQIC
CoQDeeUeot.
N«w York*
3216 1847 Chap. 26L
From Providence, by Smithville or Clayville, to KiHiogly, Con*
necticut.
From Washington Village, in the State of Rhode Island, m
Maple Root Meeting House, Weaver's Hill, East Coheag Hill, io
West Greenwich, to Volentown, in the State of Connecticut.
CONNECTICUT.
From Thompson, via the post villages of Fislierville, New
Boston, Southbridge, Stubridge, and Brtmfield, to the Falma
Depot.
NEW YORK.^
From Beaverkill, in the county of Sullivan, through Cdcbes-
ter, to Walton, in the county of Delaware.
From Leroy, in the county of Genesee, via Roanoke, East
Bethany, Bethany, and Brookville, to Alexandria.
From Wright's corners, in the county of Niagara, by the He«8
road, to Somerset, io the same county.
From State bridge, in the town of Lenox, Madison county,
via North Bay, on the north point of Oneida Lake, to Camdeo,
in the county of Oneida.
From Antwerp, in Jefferson county, by way of Shingle Creek,
Fowler, Fullersville, Edwards's, and Russell, to Canton, in St.
Lawrence county.
From Norwich, in the county of Chenango, by Plynioutb,
South Otselic, and West Linkaen, to De Ruyter, in Madison
county.
From Canisteo, in Steuben county, by way of Purdy Creek,
through Greenwood and West Union, to Andover, in Alleghany
county.
From Sempronius, Cayuga county, to Scott, Cortlandt county.
From Fulton, by way of Gilbert's Mills, to Central Square, io
Oswego couaty.
From the village of Hampton, town of Westmoreland, in the
county of Oneida, via Manchester, Walesville, and New York
Mills, to the city of Utica, in said county.
From Pratt's Hollow, in the county of Madison, via Pine
Woods, to the village of Hamilton.
From South Bern, in the county of Albany, via Chesterville,
Ormanville, Longman's Hollow, to Coeyman's Landing, in the
county of Albany.
From Cannonsville, Delaware county^ by Trout Creek, to Una-
dilla, Otsego county.
From Port Jervis, Orange county, along the line of the Dela-
ware and Hudson canal, to the mouth of the Lackawaxen
stream.
N«wJ.r.ey. NEW JERSEY.
From Burlington city, Burlington county, via Columbus, to
Georgetown.
From Burlington city to Wrightstown.
Prom Stanhope to Strausburg, Pennsylvania.
From Square Village, to the city of New York.
Digitized by CjOOQIC
ranmylvmia.
1847 Chap. 251. 3217
From Trenton, ?ia Lawrenceville, to Pennington.
From Bordentown, in Burlington county, via Reckiesstown,
Jobstown, and New Egypt, to Freehold, Monmouth county.
From Flemington, in Hunterdon county, via Lebanonville and
Cokesbury, to German valley.
From Freehold, via Turkey, Burgen Iron Works, to Tom's
river, in Monmouth county.
From Flemington, via Greenville, to Ringoe's.
PENNSYLVANIA.
From White Haven, via the State road, to Mount Pocono.
From Ebensburg, Cambria county, through the Woodland set-
tlement, to intersect the 'Indiana and Curwinsville mail-route at
Newman's Mills post office.
' From Montrose, via New Milford, to Lausboro'.
From Pottstown, via Hillegass post office. Upper Hanover,
Montgomery county, Spinnerstown, Bucks county, to Coopers- *
burg, Lehigh county.
From Athens, in Bradford county, to Smithfield, in said
county.
* From Meadville, Crawford county, via Sugar Lake, to Coop-
erstown, Venango county. *
From York, York county, via Dover, Dillsburg, and Allen, to
Carlisle, Cumberland county.
From York, York county, by East Berlin, to York Sulphur
Springs, (Petersburg,) Adams county.
From Brady's Bend, Armstrong county, to Anandale, Butler
county.
From Montourseville, in Lycoming county, via Warrensville,
Isaac Bailey's mill, J. K. Thompson's, James Williamson's, Bic-
tel's mill, to Jersey shore, in said county.
From Mercer, in Mercer county, to West Middlesex, in said
county.
From Collomsville, in Lycoming ' county, via Susquehanna'
Township, to Williamport, in said county.
From Mifflintown, via McCoystown, Juniata county, and Peru
Mills, Bolingerstown, to Shade Gap, in Huntington county.
From Warren, in the* county of Warren, via Wattsburg, Bea-
ver Dam, Columbus, Wrightsville, Pittsfield, Youngsville, and Ir-
vine, to the city of Erie. .
From Brookville, in Jefierson county, via the State road, to
Smickburg, in the same county.
From Grahamsville, m the county of Pike, to the mouth of
the Lackawazen.
From Ligonier, in the county of Westmoreland, to Donegal,
in the same county.
From Reedsville, in Mifflin county, via the Kishacoquilla's
Valley, to Locke's mill.
From McConnellsburgh, Bedford county, via Webster's Mills,
to Hancock, Washington county, Maryland.
From Berrysburg, Dauphin county, via Uniontown, to George-
town, in Westmoreland county.
Digitized by CjOOQ IC ~
3218 1847 Chap. 2B1.
From Mercer> (6 Harratille, Sutler cooitty, via Utiidd Milts.
vir,i«u. VIRGINIA.
From Osbornsford, Scott county, Virginia, to Letcher Coort
House, Kentucky.
From SaltTillOi Wasbington county, to Hendrick'a Mills, Rag-
sell county.
From Mechanicsburg, by the house of James Davidson at the
Rocky Gap ; thence along the valley of the south or muddy fork
of Wolf Creek, by the house of Pleasant Murphy, to Tazewell
Court House. To retm^n by the valley of dear fork of Wolf
Creek, by the house of Henry W. Dills and Rocky Gap, to Me-
chanicsburg.
From Blacksville, Monongalia county, to Warren, in said
county.
From De Kalb, Gilmiftr county, to Harrisvifle, Ritchie county.
From Pedler Mills, in Amherst county, to Fairfield, in Roek-
bridge county.
Prom Fairmount, via Jeremiah Hess's, to Salem, in Harrison
county.
From Fairmount, Marion county, through Pruntytown, Taylor
county, and Philippi, the county seat of Barbour county, to Bu-
chanan, in Lewis county.
From Smithfield, on the national ro^, by BmndonsyiUe, King-
wood, Evansville, to Philippi.
From Staunton, via Beverly, Westntt, t6 Parkersburg, on the
Ohio river.
From Parkersburg,by Burning Spring and Glenville, to Bulhown.
From Fincastle, Botetourt county, to Blacksburg, Montgomery
county, via Catawaba.
From Clarksville to Halifax: Court Hous^.
From the village of Trenton, on Wijlis river, Cumberland
county, to Columbia, in the county of Fluvanna.
From Wytheville to Grayson Court House. •
From Yellow Branch, in Campbell county, via Mhstbn Clay^s
Mills, and Arnoldtown, to Leesvilte.
From Sperryville, Rappahannodk county, to Robsonville, Mad-
isf^n county.
From Salem, in Roanoke county, to Boon's Mill, in' Franklin
county.
From Holston post office, via. Holston river, to SaltvUIe, in
Washington county.
From the Red Sulphur Springs, in Monroe county, to Prince-
ton, in Mercer county.
From Glade Spring to Emory and Henry College, in Wash-
ington county.
From Lebanon to Sand Lick, in Russell county.
From Fredericksburg to the store of William Cdlton.
From Louisburg. via the Sulphur Springs, Fleshmans, on de-
well Mountain, on the old Kanawha road, and Hugharfs, to Fay-
ette Court House.
Digitized by CjOOQIC
18it Chap. 261. 3219
NORTH CAROLINA. Nonk croun.,
From Powell's Point or Elizabeth City, to Nag's Head, North
Carolina, touching at Roanoke iiland.
From Jefferson, North Ci^ri>liQa, via Helton, to Shadrick
Greer's, in Grayson county, Virginia.
From Johnsonville or Murchison's Mills, to Harrington.
From Marion, up crooked Creek, to Henderaon?illo.
From Albemarle, via Morgan's Mills, to Clear Creek, North
Carolina, to return by Thomas Rowlands.
From Salisbury, via Brengle's Ferry, to Troy.
From Fayetteviile, via Averasboro, to Smithfield, sixty miles.
From N. S. Jarrett's, in Miicon county. North Carolina, via
Fort Emmery, on Hiwassee river, to Blairsville, Georgia.
From Lenoir to Deal's Mill, io Caldwell county, North Caroli-
na, fifteen miles.
From Washington, Beaufort county, Io Durham's creek, same
county.
From Creed's Bridge, Virginii^ to Knott's island.
From Ridgway, via Bullock's Store, Palmer's Springs, St*
Tammany, Fitt's Store, to Ridgway.
From Strickland's Depot, to Taylor's Bridge, in Sampson
county.
From Jefferson, via Mouth of Wilson, to Grayson Court House,
Virginia. . *
From Elizabethtown, via House of Thomas Lewis, to Gravel-
ly Hill.
SOUTH CAROLINA.
From Earlesville- to Limestone Spr4ngs, South Carolina.
From Aiken, by Merritt's bridge, to Leesville, South Carolina.
From Aiken to Burcalow, Orangeburg district. South Carolina.
From Leesville to Orangeburg Court House.
From Lewisville to Vance'a Ferry^
From Aiken to Erwinton.
From Athens, Georgia, to Pendleton, South Carolina.
GEORGIA.
From 'Villa Rica (Georgia) tpTallppoosaand Shady Grpve, to
Jacksonville, Alabama.
From Covington, viaLoftoa'astor^, Indian Springs and Gtil^
letsvtlle, to Forsyth.
From Lagrange, via Vernon, Wefaadk^ and; Roanohe, to
Wedowee, Alabama. The Fredpnia rpute to commefi,ce at Ver-
non, and the Mount Hickory. route to end at Roanoke.
From Lagrange, via Houston, to Fraoklin.
From Fayetteviile to GreenvUle.
From White Sulphur- Springs, via Waroir Spnogs, to. Tal-
botton.
From' Dahlonega, by Tuccoah, to BentOD) Tenoevaee.
From Villa Rica, via Powder Springs^
From Marietta, Roswell Factory, Social Hill, in Cherokee
noaXhCKHOnm.
G«oisi««
Digitized by
Google
5230 1847 Chap. 2§1.
county, Arenville, Cuinmiiig, and Coal Mountain, Forsyth coao'*
ty, Crossville, and Auroria, to Dahlonega.
From Hawkinsville to Troiipville.
From Lawrenceville, via Oainsville, to Clarksville.
From Talbotton, by Nemsom's miHs, in Macon county, to
Lanier and Traveller's Rest, in Dooly county.
From Columbus, via Fort Mitchell and Oswichee, in Alabama,
to Florence, in Georgia, discontinuing the present route from
Florence to Fort Gaines, via Eufaula.
From Columbus, via Villula, (in Alabama,) Glennville, and Eu-
faula, to Fort Gaines.
From Washington to Crawfordville.
From Columbus, (Georgia,) via Borum's, (in Russell county,
Alabama,) Union Springs, Aberfoil, Union Hill, Montezuma, aud
Nathansville, to Blakely.
From Penfield to Union Point.
From Jasper, Marion county, Tennessee, by Rankin's ferry on
the Tennessee river, Boiling Springs, to Trenton, Dade county,
Georgia.
ALABAMA.
From Geneva, Alabama, to Uchee Anna, Florida.
From Decatur to Moulton.
From Double Springs to State Line, Georgia.
From Abbeville, via Freeman's Store and Skipperville, to New*
ton Court House.
From Black's Bluflf to Poole's store*
From Americus, Georgia, via Lumpkin, Florence, Georgetown,
Eufaula, Clayton, Louisville, Monticelio and Troy, to Greenville,
Alabama.
From Lebanon to Langston.
From Barnes's Cross-roads, via Indigo Head, to Louisville.
From Montgomery to Youngsville — changed so as to include
Mount Jefferson.
From Village Spring to Aurora post office.
From Eufaula, via Abbeville, Columbia, Woodville, to Marria*
na, Florida.
From Double Springs to Jacksonville.
From Double Springs, by Ashville and Springvitle, to Elyton.
From Double Springs to Rome, Georgia.
From Tuscaloosa, via Wilson Sheppard's post office, Isaac
Cain's post office, to Jasper.
From Jasper, via Eldredge, to Pikeville.
From Point Smith to Buzzard Roost.
From Decatur, via Houston's store, to Jasper.^
From Jacksonville, Benton county, Alabama, via Terrapin
Greek, Augustin Young's to Van Wert, Paulding county, Georgia.
From Blountsville, by Murphey's valley, to Aurora.
From Ashville to Montevalo.
From Carrollton, Georgia, to Rockdale, Randolph county.
Digitized by CjOOQIC
1847 Chap. 251.
3321
FLORIDA. Florida.
Prom Pensacola, by Apalachicola, St. Mark's^ Cedar Keys and
Tampa Bay, to Key West.
From Key West, by Miami river, Indian river and Mosqoito
inlet, to Charleston.
From St. Mary's, Georgia, by Nassau Court House, to Jack-
sonville, Florida.
From Jacksonville to Alligator, by Brandy Branch*
From Milton to Sparta.
From Okahumpka to Fort Butler.
MISSISSIPPI, Mii-ippi.
From Houston to Starkville.
From Delta, Coahoma county, to Panola.
From Pontotoc to Ragsdale's standi
From Fulton to Houston.
From Houston to Columbus.
From Columbus to Hopewdl.
From Louisville to Starkville.
From- Jackson, via Paulding and Leashville, to Mobile, Ala-
bama.
From Hillsboro', via Ludlow and Densentown, to Canton.
From Hernando to Chulahoma.
From Jacinto, Tishemingo county, via Danville, New Hope, to
Matamoras, Tennessee.
From Starkville, Octibbehaw county, via Springfield, Drane's
Mills, to Shongalow, Carroll county.
LQUISIANA. LaaidB»^
From Vidalia to Lake Providence, via Sicily Island, Deer
Creek, and Bayou Macon.
From Shreveport to Logansport.
From Trinity, in the parish of Catahola, down Black river, 16
Howe's, in the parish of Concordia, Louisiana.
From St. Joseph, via Winnsboro', to Monroe.
From Yazoo city, in tlie State of Mississippi, via the court!*
house of Josequina county, Providence, Louisiana, Bastrop, to
Monroe, Washita county, Louisiana.
From Mansfield to Logansport, De Soto parish.
From Mansfield to Pulaski, Panola county, Texas.
From Pulaski, via Steele's, Caddo parish, to Greenwood.
From Washington, parish of St. Landry, to Bayou Rouge, via
Hedsturn's, McBride's, and Morgan's.
From Covington, via John Parkins, and Wadsworth's, to Pear
river, in the parish of St«- Tammany.
ARKANSAS. "««..
From Pine Bluffs, via Princeton and Dallasport,' to Wash-
ington.
From Batesville, up Poke bayou, via John Martin's, to Pilot
Hill.
From Helena to the mouth of White river.
From Eldorado to Warren's, in Bradley county.
75
Digitized by
Google
3222 1847 Chap.
From Clarendon, Monroe county, to Surrounded Hill.
From Oakland Grove to Des Arques Bluff's, on White rWer.
From Pilot Hill to Uockbridge, Ozark county, Missouri.
From Benton, Saline county, via Preston Bland's to Perry ville^
Perry county.
From Benton, via Joel Brown's, Perriman' McDanniel's, and
Keezee's Mill, through Colbreath's settlement, to Warren's, Brad*
ley county.
From Gainesvihe, in Greene county, crossing Black river at
Sberky's ferry, via Dockworth's ferry, on Current river, Fourche
Dumas, and the Medical Springs, to Charles Hatcher's, on Elev-
en Point river.
Prom Yellville, Marion county, via Joseph Coker's, to For-
sythe, Taney county, Missouri.
From Smithville, Lawrence county, via Thomas Esta's, to Pi'
lot Hill
From Huntsville to Lebanon. *
From Bentonville to Maysville.
From Elizabeth, in Jackson coufity, to Walcott
From Marion, Crittenden county, via James Deeron's, tof
Smith's, Poinsett county.
From Dwight, Pope county, to Clinton, in Van Buren coun(j<
From Clarksville, Johnson county, to St. Paul.
From Rock Roe to Bearkiy.
From Searcy, White county, via the Chickasaw crossing and
Oakland, to Helena, in Philip county.
From Little Rock, via Alexander Murphy's and Kinderliod:,
to Richwood, Izard county.
From Fort Smith to Tun>linsonvitte, Scott county.
From Arkansas Post, via Lagrew's Springs, to Crocket BloiTft
From Helena, in Philips county^ via Spring creek settlement,
Oakland post office in St. Francis county, to Batesville, Inde-
pendence county.
From Van Buren, Crawford county, to Fayetteville, via James
Gin's, William Howard's Hathaway's Store, and Enos Harris's.
From Smithville, Lawrence county, to Ricbwood's, Isard
county, via Thompson's Mills, Mount Vista, and Criswell's Fer«
ry, across White river.
From Whittington's, Hot Spring county, to Dallas, Polk county
via Mount Ida, and Caddo cove.
From New Madrid, Missouri, to Memphis, Tennessee, via
Hickman's Bend, Mill Bayou« Osceola, Pecan Point, FrencbsMn's
Bayou, Oldham, and Marion, in Arkansas.
From Jasper, in Newton county, to Lebanon, Searcy county,
via Thomas Jones's, at the mouth of Big creek.
, From Eldorado, Union county, to Monroe, Ouachita psrisb,
Louisiana, via William Chapman's Store, William F. Bond's
Store, in Union parish, Louisiana, and Ouachita city, Louisiana.
«»-^«4- MISSOURL
From Versailles, via mouth of Big Buffalo, to Bolivar.
Digitized by CjOOQIC
r
I
1847 Chap- 261. 3223
From Independence, via Bent's. Fort, to Santa Pe.
From Independence to Astoria, in the Territory of Oregon.
From Dade Court House, via Buck Prairie, to McDonald.
From Cassville, via John B. William's, to Forsythe.
From Georgetown to Lexington.
From Warsaw, viaOcedaand Batesville, to Port Scott, in the
Indian Territory.
From Washburn's Prairie, via John B. King's, to May«ville,
Arkansas.
From Bolivar, via Homansville, to Oceola.
From Thomasviile, via the county seat of Tazas county, Ells-
worth, and Wickliflfe, to Little Piney.
From ThomasviHe to Rockbridge.
From Canton, via Monticdlo, Sand Hill, and. Memphis, to
Lancaster, Schuyler county.
From Bolivar, via Buffalo, to Woodbury.
From Harrisonviile to Little Osage.
From Georgetown to Cole Camp.
From Sarcoxie, via Union Grove, to BIytheville.
From Warsaw, via Erie, to Waynesvelle.
From Warsaw to Buffalo.
From Arcadia, via Big Creek and Camp Grove, to Cane Creek,
in Wayne county.
Prom Weston, via Bloomington, to St. Joseph^s.
From Harrisburgh, Lafayette county, to Rose Hill, in John-
son county.
From Bolivar to Cedar court-house.
From Hannibal to Belmont, in the State of Illinois.
From Springfield to Rockbridge.
From St. Joseph's, via the county seats of Clinton, Caldwell,
Livingston, Linn, Macon, Shelby, to Palmyra.
From Alexandria, Clarke county, via the county seats of Clark,
Scotland, Schuyler, Putnam, Mercer, Harrison, and Gentry, to
I^ndon, in Atchison county.
From the county seat of Scotland county, via Monticello, to
Quincy, Illinois. '
From Bates Court House to Carthage in Jasper county.
From Carthage to Neosho.
Prom Palmyra to Indian Creek.
From Florida, in Monroe county, to Mexico, in Andrain
county.
From Weston, via Estill's mill, to Pittsburgh.
From Waterloo, via Chambersburgh, Wood's mill, to Bloom-
field, in Iowa.
From St. Louis to Femme Osage, via the old Bonhomme
road.
From Tnlly, Lewis county, to St. Joseph's, in Buchanan
county, via the county seat of Scotland, Macon, Putnam, Mercer,
Harrison, and Gentry.
From St. Joseph's, via the county seat of Gentry, Harrison^
Digitized by CjOOQIC
3224 1847 Chap. 361.
Mercer, Patnam, Schuyler, Scotland, and Claric, to Alexander.
ILLINOIS.
From Otsego, via Antioch, to Solon mills.
From Cass, via Barber's Corners and Da Page, and Vermont,
to Oswego.
From La Salle, via the sooth side of Vermillion river, through
Lowell, Galloway, and Moon's Point, to-Pontiac, in Livingtoo
county.
From Rock Island, via Camden, Independence, and James
Gingle's, to Millersburgh.
From Fulton city, via Genessee Grove, Milledgeville, ElkhorD
-Grove, and Buffalo Grove, to Oregon, in Ogle county.
From Rock Island, via Camden, and Hollister's mill, in Rock
Island county, Thomas R. Morey's Berlin, and OjLford, in Heary
county, and North Prairie, to Hendersonville.
From Cedar Creek Mills, via Oneco, to Monroe, in the Terri-
tory of Wisconsin.
From Oiney, Richland county, via St. Mary, to Newtown.
From Decatur, via Clinton, to Bloomiogton.
From Gi'eenup, via Slisbury, to Charleston.
From New Harmony, in the State of Indiana, via Gray villa,
to Albion.
From Middleport to Urbana.
From Bristol, in Kendall county, via Sugar Grove, Grease,
Blackberry, Avon, and Line, to Sycamore.
From Josephine to Ottawa;
From Springfield, the seat of government, via Hillsboro', Greeo-
ville, Washville, Pinckneyville, Murphysboro, Saratoga, Jooes-
boro, and Unity, to Cairo city.
FrOm St. Louis, Missouri, by Belleville, Sparta, Murphys-
boro, Saratoga, and Vienna, to Metropolis city, on the Ohio
river.
From Penn, on the Illinois river, passing tri-weekly through
the county seats of Bureau and Henry counties, to Rock Island,
on the Mississipi river.
From Warsaw, in Hancock county, to Oyuacoka, via Keiths-
burgh, to New Boston, so as to intersect the route from Boston
to Rock Island.
From Dutchman's Point, via Sherman and Emmett, to Little
Fort.
From Milwaukie, via Otsego, Dulanty, Elmsley, and Gra»
Point, to Chicago.
From La Salle, via Princeton and Combridge, to Millersboigb.
From Dundee, via Barrington, Lake Zurich, Gilmer, and Li-
berty ville, to Little Fort.
From Pittsfield, in Pike county, Carrolton, in Greene county.
From Williamsburgh, in Shelby county, to Van Buren, in
Montgomery county.
From Ottawa, via Norway and Holdman's Grove, and Cass to
Summit.
From Caledonia, in Pulaski county, to Jonesboro', in Union
county.
Digitized by CjOOQIC
184r Chap. «61. 3225
Prom Chicago, ria Noy^vrille, SWridge, Bonaparte, Warren-
Tille, and Snyder'9 Milb, (o Aurora.
From Pulaski, in Hancock county, via 'Big Elm Grove, Clay-
top, Walk^r'p Jlepk, finil Cacanay'g Mills, to Perry, in Pike
county.
Frpoi Evanayjlje, in Indiana, via Albion and Fairfield, to
Salem.
Frpip Paduc^, in Keofupky, via Metropolis, Vienna, Marion,
Itnd Benton, to Mt. Vernon, to intersect with route Troro Shaw-
neetown to Salem.
From Ff iendsyille to Albany.
INDIANA. Indiana,
' From Rockport to Newbqrg,
From Jasper, in Dubois county, to Paoli, Grange county, via
Haysville.
From Leavenworth, Crawford county, via Magnolia, to Jasper,
by the present State road.
From Evansvillc, Vfinderburg county, via New Harmony, In-
diana, and via Graysville and Albion, Illinois, to Fairfield, Il-
linois.
From Plymouth, Marshall county, to Goshen^ Elkhart county,
via (he State road between tho«e points.
From Monticelio, in White county, via Winimac, Pulaski
county, Barber's, Marshall coupty, and Dover, St. Joseph county,
to South Bend, in said county.
From Door Village, Laporte county, via Bigelow's mills and
John Mcintosh's^' to Tassinong, Porter county.
From Marion, Grant county, via Etna, to Huntington, Hun-
tington county.
From Middletown, Henry county, via Yorktown, to Wheel-
ing, Delaware county.
From Marion, Grant county, lo Hartford, in Blackford county.
From Lafayette, Tippecanoe county, via Rossville, middle ford
of Wild Cat on the Michigan road, Richardville, Cocomo, to
Marion, Grant county.
From Frankfort, Clinton county, to Canton, Tipton county.
From New Trenton, Franklin county, via South Gate, Kilrail,
and Summan's, to Napoleon, Ripley county.
From Bowling Green, Clay county, to Point Commerce, Green
county.
From Q^erstown, Wayne county, to Winchester, Randolph
county.
From Aurora, Dearborn county, via Wilmington and Moor's
Hill, to Versailles, Ripley county.
From Lawrencehurgh, via Wilmington, Dillsboro', Hart's mills,
Cross Plains, and Canaan, to Madison, Jeflferson county.
From Vernon, Jennings county, up the valley of Big Otter to
Otter Village.
From Cluurlettown to New Albany.
Digitized by CjOOQIC
3226 1847 Chap. 2B1.
TENNESSEE.
From Double Springs, Jackson county, via Poplar Shade, to
Smithville, De Kalb county.
From Whitleysville, via Witcher's Cross Roads, to Lafay-
ette.
From Bean's Station, Tennessee, via Morristown, to the mouth
of Chucky.
•From Columbia, Maury county, to Williamsport, said county.
From Spencer, via Wallsbridge, Isaac Miller's, crossing Col-
lin's river at the Flat Shoals, to Smithville.
From Benton, Polk county, Tennessee, to Cohutta Springs^
Georgia.
From Raleigh, via Portersville, to Coviagton, discontinuing the
present route from Raodolph to Bellmont.
From Raleigh, through Portersville, Covington, and Ripley, to
Dyersburg.
From Smithville, via Mechanicsville, to Woodbury.
From Sparta, up the Calf Killer river to its source, thence
crossing the old Walton road, west of Robert Officer's, via
James M. Goodbar's, Magnus Looper's. to West Fork Post
Office.
From Fayetteville, Lincoln county, via Cold Water and Kel-
ly's creek, on the south side of Elk river, to Elkton, in Giles
county.
iu««ky. KENTUCKY.
From Columbus, via Blandville, to Paducah«
From Paducah, via Benton. Waidsboro', and^Murray, to Paris,
in Tennessee.
From Paducah, via Lovelaceville, Blandville, and Milburn, to
Clinton.
From Prestonsburg to Hazzard, Perry county. •
From Princeton to the Empire Iron Works.
From West Liberty, via Little Sandy, head of Paint, to Paints-
ville.
From Smithland, via Benton, toMayfield.
From Pikeville, Kentucky, via Wbitesburg and Pound, to
Bickley's Mills, in Virginia.
From Blandville, via Hazle Creek^ (Kentucky,) to Caledonia,
Illinois.
From Eddyville, via Benton, to Mayfield.
From Prestonsburg, Kentucky, to Logan Court ^ouse, Vir-
ginia.
From Rome post office, in Knox county, via Daniel Baker's,
to the steam mill, in Clay county.
From Boonsville to Levi Pennington's.
From Piketon, via mouth of Pond creek, to Logan Cdurt
House, Virginia.
From Princeton, via Wallonia, to Cadiz.
From Russellville, in Logan county, via Franklin, Simpson
Digitized by
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1847 ^Chai". 261. 3227
Cotlnty, ScottsTilIe, Allen coanty, TompkinsTille, Monroe county^
to Lifingaton, Tennessee.
From Hickman, via Feliciana and Mayfieid, to Paducah.
From Caseyrille, via Cypress and O. P. Gristvold's, to Provi-
dence.
From Madisonville, via Ashbysburgh, to Owensboro^
OHIO.
From Kinsman, via Johnstonville, to Warren.
From Steubenville^ via Browning's Mills, on Island Creek,
Knozville, New Sommerset, Mitchell's Salt Works, Moore's Salt
Works, Croxton, Salineville, and Gaver's, to New Lisbon.
From Columbas, via New Albany, Johnstown, Utica, Martins-
burg, Bladensburg, East Union, and West Bedford, to Roscoe^
Coshocton county.
From Columbus Grove, Putnam county, to Waterville, Lucas
county.
From New Philadelphia, Tuscarawas county, via Joseph Mur^
phey's and Rogersville, to Chili^ Coshocton county.
^ From Locust Grove, Adams county, via Marble Furnace^
Tranquility, Youngsville, to Eckmansvilie.
From Cleveland, via Royalton, Hinkley, Granger, and Sharon^
to-Wadsworth.
From Sidney^ via Palestine, to Urbana.
From Cleveland, via Gate's Mill, Munson, Claridon^ Hunts*
burg, Windsor, to Meadville, in Pennsylvania.
From Ithaca, Darke county, through New Baltimore and Phil-
ipsburg, to Union, in Montgomery county.
From Lowell, Washington couaty, via Reginer's mills, Jack-
son and Olive townships, in Morgan county, to Sharon.
From Ashland, Ashland county, via Jeromeville, Mohecan-
ville, to Loudenville, in Richland county.
From Canal. Fulton, in Stark county, to Ashland, in Ashland
county.
From St. John's, in Allen county, via Frysburg, to Dinsmoore,
in Shelby county.
From Marion, in the county of Marion, via Kenton, in Hardin
county, Huntersville, and Lima, in Allen county, to section ten,
on the Miami canal.
From Xenia, in Green county, through Paintersville, in the
same county, to Port William, in Clinton county.
From Jackson, in Jackson county, by the way of Vinton, to
Cheshire, in Gallia county.
From Nashport, in Licking county, via Elizabethtown, t(i
Hanover.
From Woodville, in Sandusky county, via Hartford and Port
Clinton, in Ottowa county, to Sandusky city.
From Bethel, Clermont county, via Brownsville, to Feesburg,
in Brown county.
From Fayetteville, Brown county, via Westborough, to Cuba,
in Clinton county.
Digitized by CjOOQIC
lOWfc
3228 184r Grap* 26L
Michigan. MICHIGAN.
From Grand Haven to Milwaukie, State of Wiseon^m.
From Owosso, hiihe county of ShieWattte, to Lyoto, in tha
county of Ionia.
IOWA.
From Washington to the county seat of Jasper county.
From Tipton, via Pioneer GroVe to the county seat of Beolon
county.
From! Oskaloosa, tia EddyviHe, t6 Clarkivillcf, iri Hobroe
county.
From Ottum'ii'at to the 6o\inty seat Appanoose eMiiCy.
From BurliAgtort fo Ke<>sauqtw.-
Ffocii Jacksonville, ti» Mononah and McGrdg^A' tftnd^gf, to
Prairie du Chien, Wisconsin Territory.
From Keokuk, #ia Fairfield, OttnAivM, anitf OrftAloc*a> t6 the
Barracks, at the Racoon Fork of the Des Moines river.^
Frotf W&pello, via CobtiibdiB' city, t6 Iowa ^.
From Oskaioosa to Kewton eSty, in^ Jsisper 6o!Uilfy'.
Froib CanfO*, Jackson dMrtity vitl ^iohe«f Grov^V ^ I^^Mkoe,
in Linn county. . ' , *
From Torlesboro, vi^ WaAtngf s LiCndKng, t6 BfebAiiilgldii.
From Iowa city, via the county seats of lowi^, Powbh^ecki
and Jasper counties, to ForlDes Mojitos'/ th^d<ounl|f'4eaf of Polk
county.
From Fairfield to BlOotilfi^ldl
From loWA diff, via Tiptoii aind D^wift, t6 AibMy, IlKnois.
From Dubuque to Fort ArkiMOII'.
From Burlington, via Golambmr city,- HiAsbAro, aiMFWt AReo,
to Iowa city.
From Keokuk, via Charletftoil, Winchester, BmniAgbsnii
Agency city, Delonega, Oscaloqsa, Co FoK £>es' Moines, coonty
seat of Polk eou^fy.
TEXAS.
From Liberty to Beaumont.
Fom Buffalo (on Trinity river) to Springfield.
From Greenwood, Louisiana, . via Mount Moume, Graml
Bluffs, and Pine Hills, in Panola county, and Rhodes, to Gaye's
' Post Of&oe, Rusk county.
From Lagrange, via Scallon's Hamlet, and (!^dar creek, to
San Marco.
From Galveston, via Virginia Point, Liverpool, Hinds, Brazoria
and Caney, to Matagorda.
From Mansfield, Louisiana, via Ezekiel Jones', A. G, 'tw-
neys, Edward Smiths', and John Grave's, to Marshall.
WISCONSIN.
From Fadlrof St. Crotr, to Laqpioinl«> in^. Ci^ifcOMty.
From Rochester, in Racine county, to Sugai'GMMfk, in Wal*
worth county.
Taxu.
Digitized by CjOOQIC
iUf Chap. 251. 3229
From Galena, State of UHnoiB, via New Digginga, to Mineral
t^oint, in. Iowa county.
From Potosi, Grant county, via Platteville, Head of Platte,
Blue River, and Muscoday, in Iowa county, to the county jseat
of Richland county.
From Racine, in Racine county, to Beloit, in. Rock county.
From South port, in Racine county, via Beloit, Rock county,
to White Oak Springs, in Iowa. county.
From Janesville, via Catfish, in Rock county, to Christiana, in
Dane county.
From Racine in Racine county, to Whitewater, in Walworth
county^
From Prairieville, in Waukesha county, via Pemankie and
Warren, to Rubicon, in Washington county^.
From Janesville. Rock county, via Exeter and Yellow Stone
in Green county, to Mineral Point, in Iowa county.
From Madison, Dane county, via Cross Plains, Groetsville,
Reeveville, and Helena, to Dodgeville, in Iowa county.
From Monroe, Green county, via Greenville, to Blue Mounds,
in towa county.
From Milton, Rock county, via Goodrich's Ferry, to Cottage
Grove, in Dane county.
From Madison, Dane county, to Prairie du Chien, in Craw-
ford county.
From Madison, Dane county, via WatWtown, to Milwaukie,
in Milwaukie county.
. From Prairie du Chien to Cassville, in Grant coQnty<>
From Watertown, Jefferson county, to Waupan, Fond du
Lac county.
From Watertown to Fond-du-Lac, in Fond-du-Lac county.
From Janesville, Rock county, via Lima, to Whitewater, id
Walworth couhty.
From Janesville, via Indian ford, to Madison, Dane county*
' From Beloit, via Monroe, in Green county, and Winslow, to
Galena, Illinois.
From Beloit, Rock county, to Mineral Point, Iowa county.
From Plover Portage to Big Bull falls, in Portage county.
From Manitowoc rapids, via Manitowoc, to twin rivers, in
Manitowic county.
From Milwaukie, via West Bend, in Washington county, to
Fond-du-Lac in Pond-du-Lac county.
'From Green Bay to Menomonie city, in Brown county*
From Green Lake, m Marquette county, via county seat of
Winnebago county, to Green Bay, in Brown county.
From Sac Prairie, by Barahoo, to Fort Winnebago.
From Grafton, by Rubicon, in Washington county, and Hostis
Rapids, to Oak Grove, Dodge county. -
From Oak Grove, in Dodge county, via Burnett and Cbesteri
to Wampum, in Fond-du-Lac county.
From Potosi to Lancaster, in Grant county.
From Dubuque, Iowa, via Wild's Ferry and Potosi, to Platte-
ville. 76
Digitized by CjOOQIC
3230 1847 Chap. 26L
'^ From Green Bay, ?ia Thooipsoo's Mills, to Plover Portage*
From Fort Winnebago, via the county seat of Winnebag<»
county, to Neenah.
From Summit, via Ocanemawac and Hustis Rapids, to the
county seat of Dodge county.
From Prairieville ,via Pewaukie, Lisbon, Warrren, Eric, Wright,
to Addision, Washington county.
From Janesville, via Fulton and Cooksville, to Rutland, is
Dade county.
From Big Foot, via Solon, Antioch, Angob, and Franklin, to
Little Fort, Illinois.
From Oak Grove, via Laurel and Elhah, in Dodge comity, to
CiRumbus, in Columbia county.
or«coi. OREGON.
From Oregon City, via fort Vancouver and fort Nesqually, to
the mouth of Admiralty inlet.
From Oregon City, up th^ Willamette valley, to the Kalamel
river, in the direction of San Frisco.
wbmMMroiitot ^ 2. And be it further enacted, That the above routes shall
•haii^fo Into op. go i„(o operation on the first day of July, eighteen hundred and
forty-seven, or sooner, should the funds of the department justify
proviw. the same : Provided, That as soon as a responsible contractor
shall ofler to transport the mails over any portion of the routes
included in this bill, for the revenues arising therefrom respective-
ly, the Postmaster General shall have the power forthwith to put
them under contract.
iftiitfhiaNew ^ 3« -^^^ ^^ ^ further enacted, That the Postmaster Gen-
Sio*"* *** '^•"'eral be, and he hereby is, authorized and directed to cause a mail
to be transported once a week, and oftener, if he shall think the
public interest requires it, frooKNew Orleans, via Galveston, Pas-
so Callo, Brasos de St. lago, to Tampico, with return mails, the
service to be performed by contract, or by the use of the public
steamers now in the service of the War Department in the Gulf
of Mexico, with the consent of the head of that Department ; and
for this service the sum of thirty thousand dollars is hereby ap-
propriated,
utten, ♦»., to ^4- ^^^ ^^ ^ further enacted, That all letters, newspapers,
JTum ' Mm"'*in *"^ other packets, not exceeding in weight one ounce, directed
Mexicoto be free, to any officer, musician, or private of the army of the United
States in Mexico, or at any post or place on the frontier of the
United States, bordering on Mexico, shall be conveyed in the
ftoTMo. mail free of postage : Provided, That all letters or other packets
directed to any person in the army shall contain, as a part of their,
direction, the words, " belonging to the army."
eoSl««5oo??o" ^ ^' ^^^ *^ it further enacted. That the two preceding sec-
Sw?''"*thS '^^'^ ^^°^® continue in force during the present war, and for three
sent war. '"^' mouths after the same may be terminated, and no longer.
chUriMtoo^^'^to ^ ^' ^^ *^ ^ further enacted, That the Postmaster Gen-
chafraB, and from eral be, and he is hereby^ authorized to contract for transporting
ijuaaa to Arto-j^ ^j^j^jj f^^^ Charleston, South Carolina, to Chagres, touching at
Digitized by LjOOQ IC
1847 Chap, 251. 3231
6t. Augustine and Key Wftst, and also at Havana, in the Island
of Cuba, if deemed expedient, and across the isthmus to Panama,
and from thence to Astoria, or the mouth of the Columbia river,
touching at Monterey, St. Francisco, and such other places on
the coast as the Postmaster General may direct ; the mail to be
conveyed from Charleston to Chagres, and from Panama to Asto-
ria, in steamships, and to be transported each way once every two
months, or oftener, as the public interest may require : Providedy Vtwho.
That the expenditure for said service shall not exceed one hund-
red thousand dollars per annum.
^ 7« And be it further enacted, That the Postmaster Gener-
al be, and he is hereby, authorized to establish a post office and Po.t oisc* to
appoint a deputy postmaster at Astoria, and such other places on J^tJSu****^** "
the coast of the Pacific, within the territory of the United States,
as the public interest may require : that all letters conveyed to or
from Chagres shall be charged with twenty cents postage ; and all luuof poita<».
letters conveyed to or from Havana ^all be subject to twelve and
a half cents postage ; and letters carried to or from Panama shall
pay a postage of thirty cents, and letters to or from Astoria, or
any other place on the Pacific coast, within the. territory of the
United States, shall pay forty cents postage.
^8. And be U further enacted, Tb^i 9in J conirsLCi made in contnr.tt to pro-
pursuance of this act shall provide for the purchase, by the Unit-JhtU^*'?/ ^oTi
ed States, of the. steamships to be 'employed in conveying the ■J®*™***?^^^^;;";
mail, at its option, agreeably to the provisions of an act, entitled Sg^nMiito.'^*^''*^'
^* An act to provide for the transportation of the mail between Act ofiMS, c.
the United States and foreign countries, and for other purposes," '^^
approved the third day of March, one thousand eight hundred
and forty-five : Provided, That the departure and return of said rroviM.
mail may, at the discretion of the Postmaster General, be either
from Charleston, New York, Savannah, Pensacola, or New Or-
leans, as may be deemed most consistent with the public interest.
^ 9. And be it further enacted, That the sum of thirty thou- «3o.ooo appro,
aand dollars be, and the same is hereby, appropriated for the ser- '*'**'**•
vice herein provided for, to be paid from the general appropria-
tion for mail transportation.
^ 10. And be ii further enacted, That the Postmaster Gen-
eral be authorized and directed, when in his judgment the public
interest or convenience may require it, to establish one or more
branch post offices, to facilitate the operation of the post office in Braoebpoot or-
any city or place which, in the opinion of the Postmaster Gener-^^'
al, may require such additional accommodation for the conven-
ience of the inhabitants ; and it shall be the duty of the Postmas-
ter General to prescribe the rules and regulations for the branch
post offices which may be established by virtue of this act ; and
no additional postage shall be charged for the receipt or delivery
of any letter or packet at such branch post office.
^ l\. And be it further enacted, That to facilitate the trans-
portation of letters in the mail, the Postmaster General be author-
ized to prepare postage stamps, which, when attached to any Pogtafoitw-^
letter or packet^ shall be evidence of the payment of the postage
Digitized by
Google
323* 1847 Chap. 251-
chai^aUe on such letter, which said stamps the Postmaster 6e0^
eral may deliver to aoy deputy postmaster who may apply for the
same, the deputy postmaster paying, or becoming accoualable for.
the amount of the stamps so received by him ; and if any of said
stamps shall not be used, but be returned to the General Poat
Office, the amount so returned shall be credited to such deputy
postmaster ; and such deputy postmaster may sell or dfspose of
any stamps so received by him, to any person who may wish to
, use the same ; but it shall not be lawful for any deputy postmas-
ter to prepare, use, or dispose of any postage stamps not anthor-
iied by and receiveci from the Postmaster General ; and any
person who shall falsely and fraudulently make, utter, or forge
Pte^ fcribit-any postage stamp, with the intent to defraud the Post Office De-
lof '^^'^'partment, shall be deemed guilty of felony, and on conviction
shall be subject to the same punishment as is provided in the
twenty-first section of the act approved the third day of March,
eighteen hundred and twenty-five, entitled '< An act to reduce
into one the several acts establishing and regulating the Post Of-
fice Department."
R«pMi or M ^12. And be it further enacted. That so much of the sixth
MT^of^ Mt 3d! section of the act to which this is supplementary* as requires the
•JSJ;,*®^^' Postmaster General to cause accounts of the postage that would
Mrtu^^ [^be chargeable by the rates prescribed in said act upon all matter
gS^^BU, ifce. passing free through the mail, and that the same shall be paid to
0M. ' > <*' the Post Office Department from the contingent funds of the two
Houses of Congress, and of the other departments of the govern-
ment for which such mail service may have been performed, be,
and the same is hereby, repealed ; and that in lieu of such pay-
i9oo,ooi> Appro. men t, and in compensation for such mail services as may be per-
ijrtoMi^^ in ii«a fof in^j for ||)e several departments of the government, there shall
be paid to the Post Office Department, from the Treasury, for
each year's service, the sum of two hundred thousand dollars,
which is hereby appropriated for that purpose, out of any unap-
propriated money in the treasury.
PhMity fbr d«. ^ ^^' '^^ ** it further enacted^ That it shall not be lawful
j*{jJji«»nj^F'todeposile in any post office, to be conveyed in the mail, two or
i«tt«n to dSr/r more letters directed to difierent persons enclosed in the same en*
Sr t^Tam m! vclopc or packct ; and every person so ofiending shall forfeit the
▼elope. ^^^ ^f ^^^ dollars, to be recovered by action qui tarn, one half
for the use of the informer, and the other half for the use of the
pMviio. Post Office Department : Provided^ That this prohibition shall
not apply to any letter or packet directed to any foreign country ;
AiiMwipapm^and all newspapers conveyed in the mail shall be subject to post-
^ntioM, haulage, except those sent by way of exchange between the publish-
•abjici^ to ^ poM- ^"^^ ^^ newspapers, and except those franked by persons enjoying
*^' the (ranking privilege, and newspapers not sent from the office
of publication ; and all handbills or circulars, printed or litho-
graphed, not exceeding one sheet, shall be subject to three cents
cootncton or postage cach, to be paid when deposited in any post office to be
msilearrfort may "^ ^ i . ■ •• t • i n » i r t r '
tntDBport papen conveyed m the mail ; and it snail be lawful for any contractor or
mu of the maiii, ^^^^ carrier to transport newspapers out of the mail for sale or
Digitized by CjOOQIC
1847 Chap. 252 —524. 3233
distribution to subflcfiben, find the Postmaster General shall have
authority io pay or cause to be paid a sum not exceeding two
ceuts each, for all letters or packets conveyed in any vessel or
steamboat uot employed in carryiag the mail from one post or
place to any other post or place in the United States, subject to
such regulations as the Postmaster General may prescribe ; and
such publications or books as have been or may be published, wi>at oabiiea-
procured, or purchased by order of either House of Congress, or lider'ed" as^ubue
a joint resolution of the two Houses, shall be considered as pub- ^\^n|;^ "JJ
lie documeots, and entitled to be franked as such ; and it shall "u<^h.
not be lawful to make any allowance or compensation to deputy
postmasters iu addition to their commissions as authorized by law,
excepting the receipts from boxes, of which all beyond two thou-
sand dollars shall be applied in defraying the expenses of their
offices, and to be accounted for in the same manner a^ they are
required to account for their commissions, and excepting the
special allowance made by law to the postmasters at Washington
city and New Orleans.
^ 14. And be U further enacted, That so much of the act Repeal of w
approved the third day of March, A. D. eighteen hundred and ^r Ma/'s, imX»
forty-five, eatitted " An "act to reduce the rates of postage, to lim- jll.ro^uh?"'"**'**
it the use and correct the abuse of the franking privilege, and for
the prevention of frauds on the Post Office Department,"* and^^^ee vol io,p.
of all other acts relating to the Post Office Department, or the
'Service of that department, as is inconsistent with this act,. be,
and the same are hereby, repejl^ed. Approved, March 3d, 1847.
CHAP. 252. An act to amend an an act entitled " An act to amend ^ An
act to carry into effect in the States of Alabama- and Miseissippi the ex- ^
isting compacts with those States with regard to the five per cent fund
and the school reservations.' "
^ 1. Be it enacted, fyc, That the* provisions of <' An act to
amend an act entitled < An act to carry into eflfect in the States
of Alabama and ■ Mississippi the existing compacts with those proriiioiu of the
States with regard to the five per cent, fund and the school re- Sls^lxtCTdea^d
servations,' " approved February twenty-six, eighteen hundred §j^^«j?2j5^j^jjj
end forty-five, lie, and the same are hereby, extended so as- to en- ^. »«»'• ■ c«r.
able the State of Alabama to locate a quantity of land in any of ulTa.^"*"^^^
the States or Territories equal to the quantity now due to the in-
habitants of the township within the Chickasaw cession within
said State : Provided, That they shall be made subject to the re- Act of i849, c.
strictions and limitations of the act the title of which has been '^^ *"**'
cited, as far as the same may be applicable. ProTiao.
Approved, March 3d, 1847.
CHAP. 254. An act to amend an act entitled *^ An act to provide for the Act of 1834^ c.
better organization of the department of Indian affairs," and an act en- {,.2394, 9iou* ^'
titled " An act to regulate trade and intercourse with the Indian tribes,
and to preserve peace on the frontiers," approved June thirtieth, eigh-
teen hundred and thirty-four, and for other purposes.
^ I.. Be it enacted, 8fC., That the limits of each superinten- Limit* or «-
dency, agency, and subhagency shall be established by the Sec- p*""*^"^^"
Digitized by CjOOQIC
3234 1847 ^Chap. 264.
te?Ma>'iȣd. ^ rctary of War, either by tribes or geographical boundaries ; and
the superintendents, agents, and sub-agents shall be furnished
•eif?r?u * mw' ^^^^ offices for the transaction of the public business, and the
deiiti,afemg,dk?! agents and sub-agents with houses for their residences, at the ex-
pense of the United States ; and, with the assent of the Indians,
be permitted to cultivate such portions of land as the President or
Secretary of War may may deem proper.
<^ 2. And be ii further eruLcted, That the twentieth section
of the " act to regulate trade and intercourse with the Indian
tribes, and to preserve peace on the frontiers/' approved June
thirtieth, eighteen hundred and thirty-four, be, and the same is
hereby so amended, that, in addition to the fines thereby im-
posed, any person who shall sell, exchange or barter, give, or dis-
pose of, any Hrituoua liquor or wine to an Indian, in the Indian
Penait for In- ^^""^^'X' or who shsll iutroduoe, or attempt to introduce, any atr-
trodlidng into Uuoua liquor or wine into the Indian country, except such sup-
try and^idiiog plies as may be necessary for the officers of the United States
■pjrimoM II- ^^^ ^jj^ troops of the service, under the direction of the War
Department, such person, on conviction thereof, before the prop-
er district court of the United States, shall in the former case be
subject to imprisonment for a period n6i exceeding two years,
and in the latter case not exceeding one year, as shall be pre-
scribed by the court, according to the extent and criminality of
the offence. And in all prosecutions arising under this sectioo,
and under the twentieth section of the act to regulate trade and
intercourse with the Indian tribes^ and to preserve peace on .the
frontiers, approved June thirtieth, eighteen hundred and thirty*
coJ^wni "w?" ^^^^9 ^^ which this is an amendment, Indians shall be competent
aeaes. witnCSSeS.
^ 3. And be it further enacted^ That the eleventh section of
the <' act to provide for \k\e better organization of the depart-
ment of Indian affairs," approved June thirtieth, eighteen hun*
dred and thirty-four, be, and the same is hereby, so amended as
goodg.^Ac."*'***' to provide that all annuities or other moneys, and all goods, stip-
CTp^id oref^o ulatcd by treaty to be paid or furnished to any Indian tribe,
hemtooffamiite^gl^^ll^ at thc discrctiou of the President or Secretary of War,
instead of being paid over to the chiefs, or to such persons as
they shall designate, be divided and paid over to the heads of
families and other individuals entitled to participate therein, or
with the consent of the tribe be applied to such purposes as will
best promote the happiness and prosperity of the members there-
of, under such regulations as shall be prescribed by the Secreta-
ry of War, not inconsistent with existing treaty stipulations.
No aoDuities, ^nd no such annuities, or moneys, or goods, shall be paid or dis-
moneyiB or goods tributed to the Indians while they are under the influetnce of any
lo be distributed ... . . . . ,. ' i 'i t • i
to indiau* while descfiption of intoxicatmg liquor, nor while there are good and
toxicauon. ^ ' sufficicut rcasous for the officers or agents, whose duty it may be
to make such payments or distribution, for believing that there is
any species of intoxicating liquor within convenient reach of the
Indians^ nor until the chiefs and headmen of the tribe shall have
/
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1847— Chap. 254. 3235
pledged themselves to use all their influence and to make ail
proper exertions to prevent the introduction and sale of such
iiquor in their country ; and all executory contracts made and
entered into by any Indian for the payment of money or goods
shall be deemed and held to be null and void, and of no bind-
ing effect whatsoever.
^ .4. And be ii jfurther enacted, That from and after the on« clerkship
thirtieth day of June next, one of the clerkships of a thousand uLSid?^ ^"^^
dollars in the office of Indian affairs shall be discontinued, and
that to the salary of chief clerk of said office there shall be ad* c]«ri[!SS^ ^^ to-
ded the sum of one hundred dollars, and to one of the salaries »rea«d.
of a thousand dollars the sum of two hundred dollars.
^ 5. And be ii further enacted. That in aid of the means
now possessed by the department of Indian affairs through its r
existing organization, there be, and hereby is, appropriated the
sum of five thousand dollars, to enable the said department, un- tsjooo appro-
der the direction of the Secretary of War, to collect and digest Sui^udhu!!^
such statistics and materials as may illustrate the history, the '^ ''^J^^
present condition, and future prospects of the Indian tribes of
the United States.
^ 6. And be it further enaded. That for the purchase of
presents for the Camanche and other Indians of Texas and the
southwestern prairies, promised them in eighteen hundred and #20^ appm-
forty-six, and for the samd object the present year, the sum of ^QtVfocl^^J
twenty thousand dollars be, and the same is hereby, appropriated JSbc..^**' ''"**
out of any money in the treatfury not otherwise appropriated :
Provided, That so much of this amount, not exceeding one-half, Proviao.
as may be found necessary on a proper settlement of the ac-
count of Messrs. Terry and brothers, be paid to them for pres-
ents which they advanced in the year eighteen hundred and for-
ty-six, the War Department not having the authority to furnish
them. I
^ 7. And be it further enacted. That for compensation of a comDenatioa
special agent and two interpreters for one year, to enable theJ5JJ|"PJ!^' ggj
War Department to keep up such a communication with the p^teia.
said Indians as may be necessary towards the preservation of a
good understanding with them, and securing peace on the fron-
tier, the sum of three thousand six hundred and fifty dollars be, ^^ ^^rT^e"
andHhe same is hereby, appropriated out of any money in theg^^jj^J ^^
treasury not otherwise appropriated, and that the sum of ten
thousand dollars be, and the same is hereby, appropriated to car-
ry into effect the treaty with the Camanche and other tribes of
Indians.
^ 8. And be it further enacted, That the sum of six thou- ^^^S^S? ^5
sand dollars be, and the same is hereby, appropriated out of any der the chnokea
money in the treasury not otherwise appropriated, and placed at ^'*^'
the discretion of the President to defray the expenses of the
commission now sitting under the treaty between the United
States and the Cbtrokec Indians of eighteen hundred and thir-
ty-five and six. Approvedj March 3d, 1847.
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3235 1847 -Chap. 1^6.— REsonfrioM, 4, S.
CHAP. 255. An aet giving the consent of Congreas to aa act of iiie
General Assembly of Virginia autfiorixing the levy of tolk on the
James river.
Aweniof Con- ^ ^' Bt it Cfuu^ed, fyc, That the ooBseot of Gongrenbe,
grMt Kiven to an and the saRio 18 hereby, given to an act paMed by the Geocnil
act of legislature - • ^ ^ «. -.t. • • » 4»^ j ■ ^ %» i
of Virginia au. Assembly of the State of Virginia, on the fifth day of Marn,
iMtVon^rtofk on eighteen hundred and forty-aiz, entitled ** An act to incoiponle
tte JamcA Kivcr. ^ company to remove the bars in James river between the city of
Richmond and Bermuda Hundred," and that the aothorky ai
conferred by the said act on the company, thereby created, to de«
mand and receive the tolls therein specified on veaseia navigatiiig
the said river, <* on condition only that the same shall have beta
made navigable in any season at high water from Roohdrs laod-
. ing at the city of Richmond to Bermuda Hundred, in the coon*
. ty of Chesterfield, by vessels drawing eleven feet and an half
praviso. foot water," be, and the saoie is hereby, sanctioned and eoD«
firmed : Providedy however^ and this assent is given on that ef-
press condition, that Congress may, at any time hereafter, repeal
or modify the provisions of this act. Approffed, March 3d, 1847.
RESOLUTIONS.
{No. 4.] A Resoiation respecting the maps and charts of the surveys of
the boundary lines of the Uaited States of Amecioa witii forei^
states,
copie. of e«r. I^ftsolvedy d^c, That the Secretary of State be directed to
tain maps and .11 « •• 1 . ft
chMU to be pn- cause to be prepared, and traiilOQitted to the ezecutives of the
miued to ti>!rfr several States having boundaries with foreign States, a oompetent
u^^sSiltaS^ """' number of authentic copies of the settlement of aiidf boundsriei,
and the maps and charts relating thereto, and the evidence there-
of in the State Department. Approved^ March Isl, 1847. '
[No. 5.] Resolutions giving the thanks of Congress to Major Geoenl
Taylor, and the officers and men under his comniand, m the late military
- operations at Monterey.
Thank! of coa« Resolvedf UTianimouslyj i^c. That the thaoka of Congrea
fi!j^r^^G(!!^m! are due, and are hereby tendered to Major Qeneral Zachary
Mrt*^mon.''^1*aylor, his officcrs and «en, for the fortitude, skill, enterpfise,
and courage which distioguished the laAe brilliant military opeit*
tions at Monterey.
lo^belSicktid ^'^^^^^ 'i'*>at the President be requested to cause to be
pi6MnuS°^ ^to struck a gold medal with devices emblematical of this splendid
GoMiai Tajior,^^hjg^^gjjj^^^^ ^^^ presented to General Taylor as a testimony of
the high sense entertained by Congress of his judicious and
distinguished conduct on that memorable occasion.
Sword, to be ^***^'^^» That the President of the United States be far-
proMnted to^Gen- thor roqucsted to cause swords, with suitable devioeA, to be pifr-
de'^'oD^^^'^TJ'^; sented to Major General BuUer, MafOr Genend Hendersoo, and to
Worth, .ndQoit. Brigadier Geoeral Twiggs, Brigadier Geaeml Worth, and Briga-
dier Geneiral duitman, in tesiiiBony of the Ug^ sense efttertaiaiM
by Congress of their gallantry and good conduct in stonDiBg
Monterey.
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, 1847 ^Resolutiomb/S— IL 3337
Buolived, Tbatthe Prwdeotoftbe'Vbited States be fur- ^J^^^tou
ther raqueeted to present a sword, with suitable devices, to the"**^ *°nai«
tipamst male relatiTO of Brigadier General Hamer, and to com- cx%\hIo^?^'
iBiiQicate to hkn tjbe deep regret wbich CSongress feels for the loss
of a gallant man, whose name ought to live in the recollection
and affection of a grateful country.
,• Jlosofoad, That the president be requested to cause the
foTQgoing resolutions to be communicated to General Taylor, and
through him, to the army under his coraimand.
Apprwedy March 9d, 1847.
■' I f '^'''' — ■ ■
[No. 7.] A Resolution to refund money to the States which have sup-
plied volunteers jJld furnished them transportation during the present
war before being mustered and received into the service of the United
States.
Resolved, frc, That the Secretarv of War be/aAd he is here- csp«nMt in.
by, autborixed and required to cause to be refunded to the seve- or indivkTMh «!!
iml States^ or to individuals for services rendered acting under ^^^f "** '^
the authority of any States, the amount of expenses incurred by iSSJSTlJTlt^i*
them in organizing, subsisting, and transporting volunteers pre- '•fuwiM.
w>us to thtir being mustered and received into the service of the
united States for the present war, and. for subsisting troops in
the mrricept dte United States without watting for deductions
to be made from the pay of the said volunteers. '
Approved, March 3d, 1847.
(No. 10.] A Resolution authorizing the empiriyment of the United States
•hips Macedonian and Jamestown in transporting provisions for the fam-
iflhiDg pd6f of Ireland and Scotland. ' *
lUsolved, fyc, That the Secretary of the l^avy be, and he is JSi^M^^liSti
i.^ hflfeby, authorized to place at t||p disposal of Captain Geoige C. clptflSSSm a
\% Do iKay, of New Jersey, the United States ship Macedonian, for 2?Kij,»n^«o;ifc
' - the purpose of transporting to the famishing poor of Ireland and town Dialed tt
Scotland such cpntrtbulions as may be made for their relief; and R.'SlForbJr'^*
that the said Secretary be also authorized to place at the dispos-
al of Captain Robert B. Forbes, of Bpston, the United States
sloop-of-war the Jamestdwnj for the life purpose ; or if the Sec-
retary shall be* of opinion that the public interest will be better
■observed thereby, he is authorized to despatch said vessels up-
on the service aforesaid as public ships.
i Approvedy March 3d, 1847.
[No. 11.] A Joint Resolu^n relative to the preparation and presentation
, of medals to certain French, British, and Spanish officers.
JZesofa^ed, ^c, That the President of the United States is suiuburouft
hereby authorized and requested to cause suitable gold and silver fallTn>F^''an4
medals to be prepared and presented to the officers and men b«-Kjr****BrUhh'
longing or attached to the French, British, and Spanish ships-of- fmm^ * Mpao^
^jfrar in the harbor of Vera Cruz, who so gallantly, and at the **^'
imminent peril of their lives, aided in rescuing from a watery grave
many of theofficers and cfefli^ of the United States brig Somers.
■^ ■ Approved, Match 8dt, 1847.
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GENERAL INDEX
TO THIS AND THE PRECEDING VOLUMES.
Th» Roman naraerals reftr to tkt volume ; the figures to the page.
Abatement of $uU$ andproeeit,
jodgments in, not matter of error, i. 61.
in cases of death of parties, i. 64.
proceedings on death of parties, i. 64.
matters in, amendable, i. 66.
Ajbduetion,
of free negroesv in D. of Colombia, W. SS35.
Acee$soru9 to ofencet. — See Fast Ojfiee,
before the fact, i. 85, iii. 1993.
after the &ct, i. 84, 87, iii. 1998.
in post office offences, iii. 1985, 1993,
1998.
Aecaunitt jmiltc, regulation and otttlemeni tft
between the slates and U. Stales, i. 31,
158,341,975. 561, iv. 2518.
between U. States and private persons
generally, i. 408. 464, li. 1122, 1309,
Si. 1630, 1659, 1690, 1722, 177G, 1791,
1853, 1856, 1876, 1917, iv. 2103, 2436.
of officers of customs, iii. 1856.
of officers of mint, i. 228, iv. 2415, 2522.
of receivers of public money, ii. 1123,
1309.
of post masters, iii. 1985, 1995, 1996, iv.
2464.
<]^ marshals, district attorneys, and clerks
in prize causes, iii. 1560, 1565.
in what moneys kept, i. 232, iv. 2445,
2502.
payment of claims allowed by Congress,
v. 3111.
of public debtors and agents, i. 464, ii.
1122, 1308, iii. 1630, 1791, 1876, 1916,
1917, V. 3064.
to be settled at treasury, fit. 1630.
revolutionary, time limited for present-
ment of, i. 226, 525.
of navy pension fund, i. 677, 770, ii. 943,
iii. 1564, 1565, iv. 2385, 2542.
of army and navy agents, ii. 1122, 1108,
iv. 2170, 2419, ^503, 2308, 2309.
AecouHtQui in Drparlmentit
office abolished, iii. 1630.
Acti of State Legitlatures,
how authenticated, i. 93, ii. 947.
Actg of State Legitlaturee.
of territories, how authenticated, i. 93, ii.
947,948.
of courts and judicial proceedings, how
authenticated, i. 93, ii. 947.
AdanUf John^
privilege of franking to, i. 825.
Adjournment of Court$f
of supreme court, for want of a quorum, i.
55, iv. 2160.
of circuit courts for want of a quorum, i.
55, 339.
distriet courts for inability of judge, i.
55, ii. 941.
in case of contagions sickness, i. 56j(.
Adjutant GenemZ.— See Army.
of militia. — See Militia.
clerks in his office, iv. 2435.
Administration t
by consuls of effects of citizens dying
abroad, i. 236.
Administraton and Exeeutari,
how made parties to suits, i. 65.
entry of eoods by, iii. 1886.
Admiraltjf Camet,
jurisdiction of district courts, i. 56.
costs in, ▼. 3207.
trials in, how, i. 57.
seizures, what within, i. 56.
appeals in, to circuit court, i. 60, ii. 905.
to supreme court, i. 57, 60, ii. 905.
in case of capture, i. .'>6, 353, iii. 1696.
in cases of prize and prize accounts, iii.
1564, 1565.
judges may take bail and do other acta in
vacation, iv. 2262.
Advance of public money ^
prohibited except in special cases, iii.
1876.
Ad valorem Duties. — See Duties,
Affidavits. — See Depositions.
taken by clerk of court, i. 260.
taken by commissioners, ii. 1214, iii. 1622.
Af^pnationSf
in what cases allowed instead of oaths, L
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t340
INDEX.
269, 285, 499, 506, 656, iii. 1618, 1736,
1778, 1917.
at custoni house, i. 658.
perjury in, i. 87, 281, 298, 499, 506, 653,
hi. 1618, 1736. 1779, 1917.
Agenti, Public, — See AeeoutUt,
•coounte, how settled, i. 468, ii. 1122,
1309, iu. 1630. 1659, 1722, 1776, 1853,
1856, 1876, 1917, ir. 2103, 2436.
m army and nary to give bonde. ii. 833,
1123.
of treasury, appointmeDt and dntiest iii.
1791.
to superintend suits, iiL 1791.
Indian. — See Indiang,
military, appointment and duties, iL 830,
833, IT. 2503.
Alabawia, Territory of ,
establishment and goveniment of, iii 1634,
1669, 1712.
Alabama, State of,
establishment of, iii. 1724.
district court in, iii. 1773.
admission into the Union, iii. 1804.
representation in Congress, iii. 173, it.
2135.
claims to land in.— See Lande^ Puhlic.
settlement of claims with, v. 2884, two
per cent paid. ▼. 2843. 2974.
acts of, assented, iii. 1940.
sale of school lands in, iii. 2065.
grant of lands to, i?. 2130, 2226, 2332,
2360, 2140.
marshal for northern district, iv. 2193.
no account of three per cent, of lands re-
quired, iv. 2193.
term of D.C. for northern district extended,
iv.2219.
line between Alabama and Florida, iv.
2246.
part of southern added to northern district,
iv. 2261.
land districts established in, iv. 2297,
2309.
Compact between Alabama and Missii-
sippi, iv. 2502.
Ale,
importation of, regulated, i. 660.
Alexandria,
town of, i. 2969.
Algerinee,
act to protect commerce against, ii. 1513.
Aliens. — See Naturalization.
suit by and against, i. 56, 57.
owners of ships, ii. 946.
Alien Enemiee,
removal ana restraint of, i. 521, ii. 1875.
Allotment af Circuiie by Jud^ee
of supreme court, ii. 856, iv. 2540.
Altering Public Documents, ^^e Forgery^
Ambasmors. — See Ministers, Public,
suits by and against, i. 59.
writs against, illegal, i. 88.
assault, &c. on, punished, i. 89.
Apothecary- General and Assistants,
appointment and duties, iii. 1779, 1790.
See Army,
Amendment by Courts,
of process and pleadings, i. 66.
Annual Reports. — ^See Departments,
Apparel and Baggage,
exempt from duties, L 612, iii.' 1927.
from district to circuit court, i. 57. 60, 5.
905, 1046, iv. 2540.
from district courts to supreme court, i.
57, 452, ii. 883. iii. 1795, 2039.
from circuit courts to supreme court, l
59, iii. 1719.
from northern district of New York to
supreme court, iii. 2088.
from western distp-ict of Pennsylvanis to
supreme court, iii. 1795.
from treasury distress warrant, iiL 1791,
1793.
from courts of District of Columbia. iiL
1541.
from territorial courts to snpreme ooiBt,
iiL 1954, vf, 2107.
when new evidence admitted on sppsdi,
ii. 905.
Appraisers of Lnported Goods,
general, appointment and dnties cS, vL
1679, 1887.
where ad valorem duty, appraisemeBt to
be made by whom and now, iv. 8116,
2201, 2323.
secretary of treasury to esublish rules of
appraisement, iv. 2118, 2325.
reappraisement when, iv. 2201.
rule as to aversce value, iv. 2201, 2325.
appeal to the collector, iv. 2201.
power of appraisers, iv. 2324.
ad valorem duties, .how estimated, ir.
2336. .
duties to be assessed on value of goods
at port of entry, iv. 2339.
in cases of dsmaged goods, i. BIB, iL
1683, 1889.
of goods, &c., seized, i. 365, 654.
of goods taken in execution, L 312.
Appropriations,
general clanse in case of sireais, iiL
2001.
estimstes for, v. 3025, 3167.
for contingent expenses of Congress, v.
3024.
incidental expenses of departneots, y.
3025.
Arbitrators,
in patent cases, i. 303.
Arkansas,
territory of. — See Lands, PsAlie, iL 1S58,
in. 1603, V. 2646.
establishment and government of, iiL 17S8,
1774.
western boundary fixed, iii. 1951.
seminary of learning in, iii. 80S3i ^'
2358.
road in, iii. 2071.
additional judge of superior oonit to bs
appointed, iv. 2106. . ,. • i
counties to be organized into four jooidsl
districts, iv. 2106.
judges to hold two terms of the sopenv
court annually, iv. 2107.
judges td nominate, and governor to coo*
mission a clerk, iv. 2107.
removal of suits fit>m district to snpenir
- court, iv. 2107.
line between Arkansas and LouisiaDS, iv-
2119.
compensation of governor, members «
legislature, &c. iv. 2138.
election of officers, iv. 2161, 2195.
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INDEX.
8841
Arhanaai,
lerms of tenrice, duties, &.c. of officers,
to be prescribed by the leffislature, iv.
2161.
mode of making laws in, iv. 2161.
power of superior court extended, iv.
2193, 2241.
eelection of school lands in. iv. 2210.
grant of land for erection of public build-
ings, iv. 2240, 2304, 2453.
governor authorized to lease salt springs,
iv. 2264.
qualification of voters, iv. 2270.
surveyor of public lands in, created, iv.
2272.
grant of land for erection of court-house
and gaol, iv. 2272, 2365»
governor authorized to sell lands reserved
for seminary of learning, iv. 2358.
ArkamaSi State of,
received into the Union, iv. 2444, 2452, v.
3112.
provisions for the execution of the laws of
the U. S. therein, iv. 2444.
propositions offered to, in relation to lands,
salt springs, &c., iv. 2452.
jurisdiction of district court extended, iv.
2534.
confirmation of acts of Governor Pope,
v. 2646.
Arm$,
\o9t in service qf U. S. payment for, iv.
2336, 2391. •
Arwm and Ammunitumt
temporary nonexportation of, i. 339, 469,
supply to militia, i. 521, ii. 1093, iii. 1597.
ilrsied Merckant Shimi^
aegulations of, ii. 980. iii. 1697.
captures \sy, iii. 1738.
Army, OrganituUi&n and E9tabli$hmeiU,
acts obsolete, i. 69, 90, 204, 221, 227, 261,
336, 360, 361, 396, 442, 459,497,501,
513, 681, 706. 707, 718, 753, 794, ii.
887, 940. 1219, 1248, 1365. 1281, 1284,
1288, 1294, 1297, 1311, 1316, 1335, 1341,
1373, 139^ 1401, 1418, 1433.
provisional and temporary, i. 501, 513, ii.
1044, 1088, 1205, 1206, 1210, 1218.
1226, 1276, V. 3099, 3100, 3104, 3106,
3172, 3182, 3210.
acts for regulation of, i. 261. 707. ii. 830,
1223, 1248, 1275, 1308, 1401. 1497, iii.
1706, 1777, 1809, 1874, v. 3004. 3106.
peace establishment <inesent), ii. 830, 940,
1088, 1401, iii. 1574, 11571, 1672, 1706,
1809, 1862, V. 2685, 2743, 2888. 3093. ^
rules and articles for government of, ii.
992, iv. 2209.
Scoti*8, general, reg^ulations for, iii. 1811,
1852.
assignment of pay in, void. i. 262.
J exemptions from arrest fbr debts, i. 709,
ii. 835.
pay and rations of, 69, 91, 205, 222, 336,
11. 1248, 1275, 1311, i. 361, 831, 679, ii.
1089. 1207, 1241, 1248, 1275, 1311,
1402. 1418. iii. 1574, 1671, 1706, 1800,
2057, iv. 2346.
pay of brevet officers, iii. 1672.
foroge of officers, ii. 1335, iii. 1576, 1671.
pay on fatigue duty. iii. 1722.
staff in, i. 679, ii. 1311, iii. 1574, 1671.
Army, Organization and Ettabltshmeni,
engineers* and anillerists* department-
obsolete acts. i. 336, 497, ii. 887.
acts in force, ii. 830, 835, 1000, 1241, iii.
1809, 1616.
ordnance department in, ii. 1246, 1403,
1497, iii. 1576. 1810, iv. 2263.
quarter-maater'a department —
obaolete regulations, ii. 1209, iii. 1574.
regulations in force, iii. 1671, 1610, 2034.
commissary department, iii. 1575, 1672,
1790, 1810, iv. 2170, 2419.
medical department, i. 678, ii. 830, iii.
1779, 1810, iv. 2298, 2385.
pensions to invalids and widows. — See
Pen$ian$,
to suppress insurrections, and enforco
lawa, i. 354, ii. 1062, 1494, iii 1696, iv.
2342.
adjuagsent of arrears of pay, iii. 1706.
mode of supply, iv. 2170, 2419.
deserters in time of peace, how punished.
iv. 2211,2347.
number and pa;^ of surgeons and assis-
tant surgeons increaseo, iv. 2298, 2385.
term of enlistment and pay, iv. 2346.
defence of firontiera provided for,' iv. 2348.
pay of volunteer and militia corps in the
service, iv. 2424.
President may accept service of volunteers
and raise additional regiment of mounted
dragoons, iv. 2437.
additional paymaaters to be appointed, iv.
2503.
Arraignment
of offenders, i. 89, iii. 2002, iv. 2417.
ArrearM. — see Aeeounti, Public^ iii. 2001.
of pay to officers in late war, settled, iii.
1706.
Arrest,
exemption of soldiers from, i. 708, ii. 835.
by civil process, in what districts, i. 57.
removal of persons from one district to
another, i. 66.
in criminal cases, i. 66.
bail, when admitted on, i. 66.
exemption of seamen and marines from,
in public service, i. 543.
exemption of artificers in public service
from, i. 777.
Arsenals and Armories,
establishment and regulation of, i. 321,
500, 776, ii. 1498, 1499.
on western waters, ii. 902.
in Greorgia, iii. 2031.
at St. Louis (Missouri), iii. 2032.
at Augusta (Maine), iii. 2069.
on Mobile or Pensacola Bay, iv. 2140.
Arson,
in forts, navy yards, &c., iii.' 1999.
in the District of Columbia, iv. 2233.
Artificers,
corpa of, established (obsolete), ii. 1130.
in public service, offences of, i. 776, 777.
enticement of, i. 776, 777.
AssttuUs,
felonious, iii. 2006.
on ambaaaadors, i. 89.
on mail carriers, iii. 1992.
in District of Columbia, iv. 2233.
Assays,
annual, of foreign coins, iii. 1924, iv.
2373, 2377.-«-6ee Mint.
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Google
S242
INDEX.
of damages by oonrU, i. 62.
Aatigneet of ChoBf in Actiong,
in what cases may sue in ooarta of United
States, i. 57.
in cases of insolvency, priority to U.
States, L 465, 630.
Aitaehnent
of goods, i. 62. /
of garnishees, iii. 1690.
JitaekM,
piratical, iii. 1738, 2000.
Attorney- Generalf
appointment and duties, i. 67, it. 2206,
y. 2856.
compensation of, i. 52, 453, ii. 886, 850,
910, 1075, iii. 1720, iv. 2208, v. 2899.
Attometfi, tHttrict^
appomtment and duties, i. 67, ii. 858, iii.
1564, 1793,
in territories, ii. 1299.
compensation of, generally, i. 68, 198, 569,
ii. 1423, iii. 1936.
to render accounts of prizes, iii. 1564.
to render accounts of suits, iii. 1793.
term of office limited, iii. 1790.
fees, T. 2641.
in District of Columbia, iii, 2090.
in Tennessee, i. 452, ii. 860.
additional do., ii. 860.
in Ohio, ii. 833.
in Louisiana, ii. 1225.
in Indiana, iii. 1645.
in Mississippi, iii. 1665.
in Virginia, western district, iiL 1718.
in Illinois, iii. 1731.
in Alabama, iii. 1774, 1936.
in Missouri, iii. 1828, 2034.
in New York, northern district, iii 1519.
in Pennsylvania, western district, iii. 1709.
in Arkansas, iv. 2445.
in Michigan, iv. 2457.
in Florida, southern district, iv. 2131.
in Wisconsin Territory, iv. 2430.
Auditon. — See Department of Treatury.
reorganization and duties of, ii. 1630,
1722.
Auctionf
duties on goods at. — See Duties^ Internal.
Augmentation of Armamenti
by foreign ships, prohibited, iii. 1695. —
See TieutralUy Aete,
Authentication
of public acts and records, i. 93, il 947.
of records of revolutionary court of ap-
peals, i. 261.
Babbite'
anti-attrition metal, y. 2919.
Baggage,
exemption from duty, i. 612, ii. 1927.
BaU,
in criminal cases, i. 66, 311.
in civil cases, i. 260.
surrenders by, i. 683.
in suits for duties and penalties, i. 630.
by whom taken, i. 260, 311, ii. 1214, iii.
1622.
by clerks, i. 260.
by commissioners, i. 311, ii. 1214, iii.
1622.
byjudges, i. 66, 311.
ibr good behaviour, i. 556.
Baltimore,
port of, i. 813, ii. 962, 1415, iii. 1839, y.
2654, 3029.
Bank Natet.
No banknotes under ten dollars, and
after 3d March, 1837, noiie under twenty
dollars, to be paid by the U. 8. iv.
2426.
Bank of the United States,
charier powers, &c.of old bank, (obsolete)
i. 169, 175, 518, ii. 923, 1048, 1218.
charter and powers of, iii. 1547. 1736.
finuds on punished, iii. 1557, 1558, 1737.
loan office, duties by, iii. 1625, iv. 9425.
bribery of president and directors, in.
1737. ^
frauds in elections punished, iiL 1736,
1737.
forgery of notes of, iii. 1557.
false plates of bills of, iii. 1558.
no longer to perform the duties of oora>
missioner of loans, iv. 2425.
banks to pay all moneys held as com-
missioners of loans into the treasary, iv.
2426.
laws authorizing the U. S. Bank to pay
pensions repealed, iv. 2433.
notes of, not to be.receiyabla by U. S. ir.
2441.
secretary of the treasury to act as a^nl «f
the U. S. in regard to property u the
bank, iv. 2450. #
directors of the bank to furniah Btateraeflfi
to him, iv. 2450.
secretary of the treasury autbocisad to
settle for U. S. stock in, iv. 255&
ftOits by, V. 2650.
secretary of treasury to sell certain b<pA»
of, V. 2735.
to prevent the curculation of notes, v.
2736.
Banki,
charters of in District of Colunabia, iv.
2421,2461.
no act of any territory incorporatina; banks,
to go into effect until approved by Con-
gress, iv. 2455.
certain acts of the territorial legislature of
Florida incorporating banks annulled,
iv. 2456.
certain acts of the territorial legislaturs of
Wisconsin confirmed, iv. 2554.
Bankruptcy,
uniform system of (obsolete), i. 732, a
859, 909, V. 2829, 2978.
Barbary Powers,
consuls to, i. 237.
acts for protection against, ii. 941, 1017.
consuls to, ii. Il72.^^e Mediterranean
Passport,
Barges, Public,* .
to be built, ii. 1317.
Beacons, — See Buoys.
Benefit
of clergy not allowed, i. 90.
Beer, Porter^ and Ale,
importation of, regulated, i. 660.
Bills of Exchange,
when suable in courts of U. States, i. 57.
Blanckard's
patent, v. 2753.
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Google
INDEX.
824S
oopvrigfat of, L 94, it. 2331, 3893.— See
of suitors, when to be produced io coart,
i. 5».
Bands, Penal,
judsnieiits in equity on, i. 63.
lor duties, how suable, &c., i. 630.
of public officers, regulated, iii. 1790,
1849.
of secretary of senate, ii. 1502.
of clerk of house of representatives, ii.
1502.
of consuls, i. 237.
of clerks of courts, i. 56.
of marshals, i. 62, ii. 1006.
of officers of mint, i. 317.
of pursers in navy, ii. 1123, iii. 1623.
of surveyor- general, iii. 1857.
of postmasters, iii. 1986, iv. 3467.
of public officers, increased, iii. 1790.
not affected by dismissal or omission of
dismissal, iii. 1790.
Bounty. — See Military Bounty Lands,
on tiaheries—
obsolete acts. i. 3, 4, 340, 483, 649, 711,
ii. 1056.
acts in force, ii. 1350, iii. 1535, 1593,
1633, 1668, 1743, 1750.
See Duties, Collection of.
for destroying enemy sliips (obsolete), ii.
1308.
lor prisoners of ^ar (obsolete), ii. 1379,
1400.
to Canadian volunteers, iii. 1537, 1576,
1647. 1819.
on enlistment in army (obsolete), i. 833.
no bounty to be paid on enlistment, iv.
2347.
to militia, i. 374, 380.
in navy, i. 769.
Brandy,
in what casks imported, i. 660, iii. 8063.
drawback on brandy, iv. 3178.
Broahoater
to be constructed in Delaware Bay, iv.
3131.
Brevet Bank, ii. 1000.
by consent of senate, iii. 1672.
pay and emolumenta, iii 1673, v. 3776.
Briery
of judges, i. 87.
of officers of customs, i. 653.
ofpresident and directors of U. S. Bank,
ill. 1737.
British Colonies,
trade regulated and interdicted with, iiii
1677.
ports of U. S. closed against British ves-
sels coming Trom, iii. 1800.
no mercbandiBe to be imported therefrom,
unless wholly of the growth of, &c., iii.
1801.
ports of U. S. to be open to British ves-
sels, directly from, iii. 1893.
President on the adoption of certain mea-
sures by the British government to open
ports of the U. S. on reciprocal terms,
IV. 2211.
Brothertown Indians, v. 2774.
BnUion,
at mint, i. 230, iv. 2524.
expense of test to be deducted from bttl-
lion, iv. 3130.
BuUiom,
gold and silver to be separated at the
expense of party, iv. 2121.
bullion not intended for coinage may be
assayed, iv. 2121.
deduction of one-half per cent. iv. 2376.
bullion at mint, iv. 2524.
to be assayed, iv. 3525.
charges to which depositor is subjected,
iv. 2520.
payment for, when and bow to be made,
IV. 2525.
copper bullion to be bonsht, iv. 3528.
Buoys, Beacons, Columns, Monuments, Fier's,
and Spindles.
establishment and support of, i. 32, 333, v.
3734.
Adam's fall, iii. 1796.
Bass river, iii. 2058.
Bevei^ harbour, ii. 1175, 1195, iii. 1593.
Bluff Shoal, iii. 1858.
Boon island, i. 686.
Boston Harbour, i. 465, ii. 1175, iiL 1754.
Brandford Harbour, iii. 2029.
Brant island shoal, iii. 1858.
Brothers (The) iii. 1822.
Bridgeport Harbour, ii. 1034, iii. 2058.
Bristol Ferry, iii. 1969.
Buffalo, iii. 2059.
Bttssard's bay, i. 773.
Cape Fear inlet, i. 555, iL 1195.
Cape Elisabeth, ii. 1195.
Castle Island, iii. 1969.
Cayahoga river, iii. 2013.
Cbarieston Harbour, iii. 1796.
Chesapeake Bay, iii. 1754.
Chester, iii. 3058.
Cockney's island, iii. 1754.
CoUins's ledge, iii. 2058.
Constitution point, iv. 2123.
Comer's Hook Island, iv. 2123.
Cornfield point, iii. 1970.
Craney Island bar, iii. 2029.
Cross rock, iiL 2013.
Darien Harbour, ii. 1083.
Delaware river, i. 849.
Dog river bar, iii. 2029, 2058.
Dorchester flkts, iii. 2029.
East Greenwich harbour, iii. 8029, 2058.
Ed^rtown, ii. 1195, iv. 2132.
Fair weather island, ii. 1175.
Federal Point, New Inlet, iii. 2029.
Fulcher'a Point, iii. 3013.
Georgetown harbour, &c. (S.C.) iii. 1593,
1858, 3039.
Gloucester harbour, iiL 3029.
Goat Island, i. 489.
Grand river, iii. 3013.
Grara island, iii. 2029.
Great Egg Harbour, ii. 1083.
Great Brewster, ii. 1175.
Hadrell's point, iii. 1935.
Halfway rock, iii. 1754.
Harbour bland, iii. 1858.
Haverstraw Bay, iv. 3123.
Inn reef, iii. 2039.
Ipswich, ii. 1083.
James's ledge, iiL 1833.
Kennebeok bay and river, iv. 2134.
Kennebunk river, iii. 1786, 1970.
Kettle bottoms, iii. 2029.
Key West, iv. 2124.
Kflpond bar, iv. 2124.
Little Egg harbour, iiL 2029.
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»ii4
INDEX.
Buoyt, Beacontt <f<.
Little Mark Island, iii.
Long Island sound, i. 849, iii. 9089.
Lonff Shoal, iii. 1858.
Lookout, iv. 2122.
Lover Cedar Point bar, iii. 2029.
Middle Shoal, iii. 2029.
Middle Ground shoal, iii. 1858.
Mill RiTST harbour, iii. 2013.
Mississippi river, iii. 1754, 2029.
Mobile Point, iii. 2029.
Mobile bay, iii. 2058.
Nanjemoj Reach, iii. 2029.
Naniucket, i. 489^ ii. 1062.
Narraeansett, i. 823.
New London, i. 323.
New Inlet, ii. 1195, iii. 2019.
Newburyport, iii. 1594.
Norwalk island, iii. 1754.
harbour, iii. 2058.
Ocracocke inlet, iii. 2dlS, 2060.
Old Gay Ro^k, iii. 1822.
Pampiioo point, iv. 2122.
Pamptico sound, ii. 1034, iii. 20S2.
Patapsco river, iii. 1754.
Pawtuxet, iv. 2022.
Pea Patch, iv. 2123.
Pensacola, iii. 2013.
Pine Point shoal, iii. 1858.
Plymouth, ii. 1082.
Point of Marsh shoals, iii. 1658.
Point Gamnion, iii. 2058.
Pool's island, iv. 2123:'
Port Tobacco ahoals, iii. 2029.
Providence, i. 323.
Punham rock, iv. 8122.
Roanoke marshes, iv. 2122.
Round shoals, iii. 2029.
Saco river, iii. 1969.
Salem harbour, ii. 1039, iii. 1797.
Sand island, iii. 2029, iv. 2122, 2124.
Sandy Hook, i. 489, it 9a, iii. 2029.
Savannah, L 555, iii. 1593.
Scuppernong river, iii. 1970.
Shears (The) iii. 1859.
Shippen reef, ii. 1058.
Smito's ledge.
Southwest &dge, iii. 1796.
Spindle rock, iv. 2122.
Stage island, iii. 2012.
St. Augustine's harbour, iii. 2058.
St. John's river, iv. 2124.
St. Mark's harbour, iii. 2058.
Sunken rocks, iii. 1822.
Swan Island shoal, iii. 1856.
Teche river, iv. 2124.
Thimble Island reef, iii. 2029.
Tuckanuck, ii. 1082.
Van Wee's Point, iv. 2123.
Vineyard sound, iii. 2058.
Wells' harbour, iii. 1969.
West Island ledge, iii. 1754.
Winyaw bay, ii. 1089.
Wolfs Island, iii. 1754.
r Burning.
of public ships punished, iiL 2002.
of private ships, ii. 940.
of arsenals, ship houses, ware houses,
lifht houses, &c. punished, iii. 1999.
malicious— gODonlly, iii. 1999.
Buyinjg
stolen ffoods, &c. i. 87, iii. 2001.
Cad^U.-'Sf Armr^Bngineenr iL 1S4L
Canadian Volunteen,
bounties to, iiL 1587, 1578, 1647, 1819.
CanaU,
surveys for, iii. 1940.
from Atlantic to Gulf of Mezieo, iii.
2016.
grant for in Illinois, iii. 9062, iv. 2360.
grant for in Indiana, iiL 2064, iv. 8909,
from Illinois to Michigan, iii. 1833.
in Florida, iv. 2241, 2302.
grant for in Ohio, iv. 2141, 2176, SIS,
2338,2360.
Canoes,
importations in, regulated, iii« 1811.
Capiat ad taiisf,
when issuable, i. 68, 258.
in what districu to run, i. 465.
Capitol,
regulations of Wa^ington, extended to
the capitol and capitoT square in oeitiia
cases, iv. 2110.
rotunda to be furnished with paintingi, ir.
2519.
Captures,
relinquishment of claims of U. S. in oer*
lain cases, ii. 1317.
Carriagtt,
importations in, from adjacent territoriei,
iii. 1811.
duties OB.— See DutitSt Tntermai.
Casting away skws fraudutmuly,
punished, ii. 940.
Cattle and Beasts,
importation of, reguiated, i. 658, and «•
p. 304.
Census of Popuiaiion.
fint, 1. 73— second, I 722, 751— 4hii4, a.
1 134, 1139, 1 169, 1 194— fourth, IiL I76&-
fifth, iv. 2179— silth, v. 2764. 2788, 2817,
2842, 2965, 2998.
apportionment of representation aeooidiig
to fifth oensos, iv. 2266— eizth, v. SS31
Certijieate
of reasonable cause of seisure, i 65S, 654,
ii. 1047, 1493, 1519, iii. 1650, 18I&
of military service, loss of, provided Son,
iii. 1595.
Certiorari
to district court in case of Mbility of
judge, ii. 1121.
Cessions of Jurisdiction,
of light houses, dec. i. 391.
Challenges,
in army. — See Army, ii. 995.
of members of conns martial, ii. 1001.—
' See Rules and Articles in Ar»y,
to jurors, i. 64, 89, 90.
Chaplains.
in army. — See Army, ii. 992, iiL 1671.
of Congress, compensation of, iii« 1609.
Charge des Af aires,
compensation of, i. 790.
Chesapeake and Ohio Canal,
assent to act of Virginia, t. 3034.
Children
€ii naturalised persons.— See NaturoUas-
tion, ii. 852, iv. 2145.
Choses
in action assigned, when suable in courts
of U. States, i. 57.
CiftuU C0»rto.--8e6 Courta,
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Google
INDEX.
8M6
CUaiian,
^ on writ* of error, i. 60, 51, S79.
Citixetukipf
foTjgeTj of certificates of, ii. 1304.
Cwilizalwn of ifufumf.— See Indiam, iiL
1741.
Claimg, Land.^^e Lands, Pvblie.
■ecretary of treasary to receive additional
evidence of claims of the States, iv.
2518.
Clerkt of Court,
appointment and duties, i. 55, 56, 260, iiL
1564, 1649.
not to return special juriesv ii. 863.
of supreme court, i. o6.
of circuit court, i. 55, ii. 857, 1046, iii.
1564, 1773, 1794, ▼. 2760.
of district court, i. 55, ii. 861, 683, 1123,
iii. 1564, 1773, 1794.
may talLe bail and afiidavite in oertaio
cases, i. 260.
duties in case of disability of district judge,
ii. 1121.
to ta^e depositions and make rules in ad-
. miralty cases, ii. 1122.
to settle their accounts in prise causes,
1565.
to deposit money in bank, iii. 1649.
to return lists of judgments to the treasury,
iii. 1794.
compensation and fees of—
obsolete acis i. 198, 258.
acts in force, i. 570, ii. 1423, iii. 1986.
in North Carolina, ii. 857.
in Tennessee, ii. 860.
in Norfolk, ii. 861.
in Ohio, ii. 883.
in Louisiana^ ii. 1225.
in Indiana, iii. 1645.
in Mississippi, iii. 1665.
in Illinois, iii. 1731.
in Alabama, iii. 1774.
in Missouri, iii. 1828.
in New York, northern district, iii. 1519.
in Pennsjrlvania, western district, iii. 1709.
in Virginia, western district, iii. 1718.
in Florida, southern district, ir. 2131.
in Michigan, iv. 2456.
ClerkM of Departmenti.^^ee Departmenit.
appointment and duties, i. 48, 197.
compensation of. — See Compemaiion.
Clerks of Henatt and House of Bepresenta'
tives,
to give bonds with security, ii. 1.502.
to deposit public money in bank, ii. 1502.
CUihing for anny.-^See Army, iL 1401, iii.
Coast,
divided into two sreat districts, iii. 1727.
into three great districts, iii. 1851.
survey of, generally, ii. 1038, iii. 1594,
1671.
*of Mississippi and Vermilion Bay, ii.
1022.
of Florida coast, iii. 1860.
of Gloucester Harbour, iii. 1925.
of Presque Isle Harbour, iii. 1925.
acts to protect and preserve peace on,
(obsolete,) ii. 976, 1090, 1169, 1511, iii.
1795.
snrveyof, v. 2992, 3008.
Coasting Trade, Regulations of,
obsolete acts, i. 33, 40.
Coasting Trade, B^lations of,
acts in force, L 285, 392, iii. 1622, 1727,
1851.
in steamboats, ii. 1217, iii. 1650.
enrolment and license of ships in, L 285.
vessels in mackerel fishery, iv. 2146.
2438.
by whom vessels in, may be enrolled and
licensed, iv. 2178.
on the N.. N. E.. and N. W. frontiers
regulated, iv. 2255.
vessels in whale fishery, iv. 2256.
Coins and Currency, Megulations ef.*-«See
Mint,
American gold and silver, i. 227, 228, iv.
2376.
American copper coin. i. 266, 282.
foreign, regulations or, i. 145, 197, 282,
488, 626. ii. 868, 1006, iii. 1599, 1746,
1683, 1922, 1923, v. 2974, 3101.
foreign, estimate at custom house, L 626,
635, 820.
foreign, in payment of public lands, iii.
foreign, at what rates a tender, ii. 1006.
assay, ^nnual, of foreign, iii. 1924.
debasement of, i. 231, iii. 2006.
counterfeiting of, d&e. ii. 1032, iii. 2005.
embezzlement of, at mint, i. 232.
sealing of, ii. 1032.
value of certain foreign silver coins, iv.
2373.
pound steriing^ v. 2872.
foreign money of account, v. 2987, 3056,
3101.
value of certain foreign gold coins, iv.
2377.
standard and weight of the several Ameri-
can ffold coins, iv. 2376.
rate ofAmerican gold coins minted ante-
rior to 31st Julv, 1834, iv. 2377.
standard for gold and silver coins, iv.
2523.
weight of gold, silver, and copper coins,
iv. 2524.
what coirs a legal tender, iv. 2524.
Colleetion of Duties. -"See Duties, Collection
of.
CoUeetors of Customs. 'See Duties, CoUeetion
of
appointment and duties of, i. 590, 592,
612, 620, 632. 659, iii. 1650. 1697.
1759, 1761, 1790, 1791, 1811, 1848,
1854.
compensation of.-^ee Compensation.
Colonial Trade (^British),
interdicted with British ships, to Ameri-
can ports, iii. 1677.— See British Colo-
nies.
Columns. — See Buoys, Beacons, ^.
Colambiut
vessels of, to pay same duties as Ameri-
can, iv. 2265.
Columlna, District of,
seat of government, i. 101.
loan for, i. 418.
adminiatrdtion of justice in, ii. 861. Ap-
pendix, iU. 2069, 2092, 2094, v. 2692,
3004.
appeals from courts in, regulated, iii,
1541,2090.
insolvent debtors in, iii. 2097.
jurisdiction of justices in, iii. 1847, 9091.
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aMo
INDEX.
C^umhia, Diatrid 0/,
terms of coune in, altered, iU. 1941.
A pp. in. 2090.
railroad authorized in, iv. 2111.
Orphans' Court, iv. 2119, v. 2656, 3095,
3143.
government and discipline of penitentiary
in, iv. 2171,2229.
punishmeut of crimes within, i v. 2233. ^
extension of Baltimore and Ohio Rail-
Road within, iv. 2243, 2367.
limits of Georgetown eztepded, iv. 2267.
improvement of Pennsylvania Avenue,
iv. 2268.
supply of public buildinga with water, iv.
enrolment of deeds, iv. 2268, v. 2655.
time of holding courts changed, vr.
2270, V. 3043.
rights of Washington Bridge Co. iv.
2316. 2393.
insane poor in, v. 3015.
Alexandria Canal Co., v. 3017.
places of public worshif), v. 3022.
County of Alexandria retroeeded to Vir-
ginia, v. 3107.
Criminal Court established, v. 2741, 2758.
to restrain the circulation of small notes,
v. 2744.
medical society of, r. 2745.
new jail in, v. 2784.
Potomac bridge, v. 2784.
incorporated societies in, v. 3869, 2874,
2875.
Georgetown CoUeffe, v. 3009.
imprisonment for oebt, v. 2990.
estates of infants, v. 2982.
lottery tickets, ▼. 2960.
insane hospital, v. 2909.
arrests within, v. 2878, 3022, 3033.
marriages within, t. 2877.
liens of mechanics in, iv. 2356.
corporations of Washinston, Georgetown,
and Alexandria, prohibited from issu-
ing notes less than ten dollars, iv. 2408.
charters of certain banks extended, iv.
2421, 2461, V. 2658, 2662, 2683, 2839,
3021.
relief of the several corporate, cities oU iv.
2437.
bridge over Potomac to be repaired, iv.
2519, ▼. 2850.
Chesapeake and Ohio. Canal Company,
iv. 2552.
Suieting possession in, v. 2655.
uelling in, v. 2756.
•xecution of. certain laws, t. 2785.
Georgetown, v. 2839, 2875, 3043.
Commerce. — See Foreign Jntereourtet iVaet-
golioft, Skipe, J'ortugalf Colombia.
foreign, accurate statements of, provided
for. iii. 1759. v. 2886.
obsolete, for protection of, againat France,
i. .'^05, 508, 516, 522, 557, 558.
obsolete acts, protection of, against Tri-
poli, ii. 827.
do. against Barbarv powers, ii. 941.
regulation of, witn Martinique, Guada-
loupe, and Cayenne, iv. 2111, 2311,
2867.
with Miquelon and St. Pierre, v. 3059.
with Dutch Colonies, v. 3120.
with Prussia, iv. 2134,
II
Commerce,
with Spain, ir. 23Ui 2407.
with British Colonies, iii. 1677, 1800,
1893, iv. 2211.
discriminating duties, iv. 2134.
Commiseariee in Army. — See Army.
appointment and duties, ii. 1310, iii. 1575,
1672, 1810.
term of office, iiu 1790.
ComwUseionere
to take bail and affidavits, iL 1214.
to take depositions, iii. 1622.
to swear appraisers, i. 365.
Commieeionere o/Loane, — See Debt, Public.
office abolished, iii. 1625.
duties of, transferred to bank of U. States,
iii. 1625.
bank of U. States no longer to act as
commissioner of loans, iv. 2425.
Commiaeionere under Treaties,
treatv of Ghent, iii. 1819, iv. 2112.
Florida treaty, iii. 1914.
with Denmark, iv. 2231.
with France, iv. 2311, 8418, 2556.
with the King of the two Sicilies, iv.
2363, 2371.
with Spain, iv. 2439.
Commienonere of Ntny,
appointment and duties of, ii. 1496, 1515.
Commtaeioner of Fatente,
appointment and duties of, iv. 2504.
Commiaeionere of Fenaiona,
office of, iv. 2418, 2545.
Commiaaioneraof Sinking Fund,
see Debt, Fublie.
CommiaaionfT of Fublie Buildinga,
compensation of, iii. 1853.
Cosifiiir«toii«r qf Revenue^
appointment and duties of/ (obsolete,) u,
1340, iii. 1655.
Commiaaiona of Revenue OMeera
to be sealed and recorded, iiu 1790.
ComptrMera in Departmental
reorganization and duties of, iii. 1631,
and see, i. 464. •
Compenaation and aalariea
. of president, i. 53, 300.
of vice-president, i. 53, 300.
of secretaries of the departmenta, i. 48,
498. 686, ii. 850, 910, 1075, 1235, iU.
1587, 1720.
of judges of supreme court, i. 52, uL
1720.
of territorial judges, i. 48, ii. 1055, ir.
2107, 2195, 2241, 2431, v. 2764.
of district judges, i. 52, 389, 452, 820, ii.
858, 883, 1225, iii. 1645, 1731, 1774,
1828, iv. 2457, 2131, 2139, 2214, 2405,
2445.
of judges of District of Columbia, iL 1196,
iii. 1704, 2090, -iv. 2119.
post master general and assistants, i.
214, 329, ii. 686, 910, 1075, 1177, 1235,
iii. 1720, 206^
foreign ministers, i. 99, 789, ii. 1171, t.
2901.
attorney-general, i. 52, 453, 686, ii. 850,
910, 1075, 1235, iii. 1587. 1720, iv.
2208.
^. governors of territoriee, i. 48, iv. 2401,
2431.
secretary of do, i. 48.
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INDBX.
SM7
CompeH$atiom and 9aUirie$,
members of Congren, i. 51, 483, iii.
1638, 1618, 1657.
of president of senate pro tempore, ii.
1273.
clerks and oflScers of Congress, i. 51,
233, 773, it. 866, 1007, 1427, 1511, iu.
1609, 1677, 1823, 1934, 2015, it. 2213,
▼.2899.
treasurer, comptrollers, auditors, regis-
ters, A&c. in departments, i. 48, 316,
686, ii. 650, 910, 1075, 1235, iii. 1587,
1632.
clerks and acconntants in departments,
i. 48, 97, 197, 198, 258, 263, 432, 498,
556, 569, 686, ii. 910, 1023, iii. 1691,
1758, 2060, iv. 2191, 2208, 2419, 2434,
2435, 2310, Y. 2900.
district attorneys, i. 67, 198, 258, 569, ii.
883, 1423, ill. 1796, 1936, 2090, iv.
2457, 2131, 2238, 2430, 2445, ▼. 2864.
clerks of couns, i. 198, 258, 570, ii. 883,
1075, 1225, 1423, 1519, iii. 1645, 1665,
1731, 1709,- 1796, 1828, 1936, 2034, iv.
2456, 2131, 2430, 2445, v. 2864.
of marshals, i. 198, 258, 569, it. 883, 1075,
1225, 1423, 1519, iii. 1645, 1665, 1709,
1731, 1796, 1628, 1936. 2034, iv. 2159,
2160, 2193, 2411, 2457, 2131, 2445,
2430, V. 2864.
of paTmaater-generaL — See Armvt i. 753,
u. 1418.
of consuls, i. 237, ▼. 2900.
of consuls to fiarbary powen, ii. 1171.
of custom house officers,
obsolete acts, i. 149, 419, 433, 454, 543,
iii. 1583, 1632, 1854, 1856.
acta in force, i. 664 te &^, 781, ii. 836,
868, 950, 1194, iii. 1952. iv. 2537, 2255,
2383, V. 2975.
in case of death, how divided, i. 668,
•669.
of officers of revenue cutters, i. 419, 501,
e6», iv. 3459.
of custom house appraisers, iii. 1688.
of commissioner of revenue, (obsolete,) i.
262, 316, 686, u. 850.
of officers of internal revenue, (obsolete,)
i.538.
See 2>Mlaet, InUmdl,
of superintendents of arsenals, iii. 1600.
pf commissioner of land office, ii. 1239.
of surveyors, receivers, and registers of
public landa, i. 424, 788, 789, iL 927,
932, iii. 1710.
of keepera of light houses, iv. 2124.
of solicitor of the treasury, iv. 2208.
of officers of the mint and its branches,
iv. 2415, 3523, 3131.
of translator in state department, iv.
3434.
of disbursing agent in sute department,
iv. 2434.
of surveyor generals, iv. 3435, 2534, 2258,
2272.
of clerks in the quarter master general's
ofiice, iv. 2435.
of commissioner of patents, iv. 2504.
of commissioner of pensions, iv. 3418,
2545.
of judge of Orphan's Court of Alexandria
county, iv. 2119.
no extra compensation, v. 2773, 2901.
CcmfeMoiion amd Balariet,
of brevet officers, v. 2776.
of comn^ioner of public buildings, v.
2976.
of members of legislaturea of territories
iv. 2138, 2431.
of superintendents of roads, iv. 2166,
2170, 2337.
of warden and officers of penitentiary in
the District of Columbia, iv. 2172,
2230.
of marshals for taking fifth census, iv,
2182.
of commissioners of insolvency, iv. 2238.
of commissioners of Indian affairs, iv.
2305.
of commissioners of land claims, iv. 2306.
of commissioners, secretories, &c., under
treaties, iv. 2312, 2440, 2543.
of superintendents of Indian affiurs, iv.
2401.
of Indian agents, iv. 2401.
of officers attached to Indian department,
iv. 2403.
of officers in the navy, iv. 2411.
of officers in the post office department,
iv. 2475, V. 2993.
of secretary to sien patents, iv. 2499.
of officers in land office, iv. 2498.
of clerks in patent office, iv. 2505.
CsficaaZsienl,
of smuggled goods, L 633, iii. 1926.
of treason, i. 83.
of felonies, i. 84.
of stolen goods, iiL 2001.
Ccitfederaeieg,
with pirates, i. 85,
Confederation,
articles of, lit. 2078.
Congre99. — See Compenttitwn*
oath of members, how taken, i. 1.
contested elections, evidence in, i. 485.
oaths administered by committees of, i.
499, iii. 1618.
removal of session in case of sickness, L
323.
delegates of territories authorized, i. 828|
iii. 1627, 1719, iv. 2432.
special sessions of, i. 69, 177, 248, 341,
459, 475, 794, ii. 903, 993, 1093, 1109,
1127, 1175, 1298, 1350, 1418, iii. 1678,
1790.
assent of, to state acta. See under the
names of the states,
members not to engage in public con-
tracts, ii. 1091.
printing for, how contracted for, iii. 1756.
manner of executing printing of, iv. 2156.
election of printer of, iv. 2176.
annual reports of departments, dLC. to be
laid before, iv. 2434.
apportionment of representation, iv. 2266.
Connecticut Reitrve,
cession of, provided for, i. 771.
ContpiraeicM
to cast away ahips, d&c, iii. 2006.
Contolidation
of suits, provided for, ii. 1320.
Comtablet,
compensation of, for duties in courts, i.
259, 569^
Contetted elect ion$ in Con^retn,
evidence how taken, i. 485.
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8948
INDEX.
ConlraeiM, puhliCt
by members of congress prohibited, ii.
1091.
Cofuulg and viee-eonfuU,
suits by and sgainst foreign, i. 57.
foreign, to receive ship's papers, iii. 1626.
not to give up papers before ciearance,
iii. 1627.
foreign, powers of, ii. 1303, ▼. 3151.
American, powers and duties of, i. 235,
647. ii. 883. 1187, 1303, v. 2808.
•hip's papers deposited with, ii. 884.
offences by, ii. 885, 886.
ftlse eertincates by, ii. 885.
ftt Algiers, ii. 1483.
with Uarbary powers, ii. 1172.
bonds given by. i. 237.
powers oyer effects of persons deoeaaed,
i. 236.
discharge of seamen, i. 238, ii. 884.
relief oT distressed seamen, i. 238, ii.
885.
to receive protests, dLc., i. 286, 237, iL
886.
in cases of wreck, i. 236.
fees of, i. 237, ii. 885, iii. 1889.
certificates of goods by, iii. 1885.
counterfeiting certificate of, iii. 1889.
certain charges allowed consul at London,
ir.2421.
giving false certificate punishable, iv.
2414.
Contemptt
to courts, punishable, J. 59, 60, iv. 2256.
in what cases punishable summarily, iv.
2256. ^
in what caaes punishable by indictment,
iv. 2256.
CatUagiauM tiekneS9t
removal of congress, i. 323.
adjournment of courts, i. 565.
removal of prisoners, i. 565.
of ports of entry, i. 565.
Cspiet
of public books, contracts, and papers,
when evidence, i. 464, iii. 1631.
Copyright of Books,
reg^ulations of, i. 94, ii. 866, iv. 2221.
jurisdiction of suits in equity, iii. 1719.
extended to 28 years, iv. 2221.
renewable in certain cases for 14 years,
iv. 2221.
infringement of, iv. 2222.
restricted to citizens, iv. 2223.
publication of manuscripts without con-
sent, iv. 2223.
limitation of actions, iv. 2224.
extension of existing copyrights, iv. 2224.
false entry of copynght, iv. 2223.
deeds of transfer to be recorded, iv. 2393.
fees of clerks of Courts, iv. 2393.
Rowlett's tables, v. 2997.
Corporal puniskment
in army, abolished, ii. 1249.
Corporatiofii
suable as garnishees by United States,
iii. 1690.
Corruption
of blood, taken away, i. 88.
Corretpondenee
with enemy. — (See Army,) li. 999.
with foreign governments, i. 558.
with pirates, i. 85.
Cotti,
regulations of, i. 60, 61, 67.
on libels and seizures, iL 1319.
on joint and several actions, ii. 1319.
on indictments and penal statutes, i. 259,
260,571.
when allowed informers, i. 571.
vexatious, remedy for, ii. 1319.
double costs on writs of error, i. 61.
on suits on marshal's bonds, ii. 1006.
double, when allowed officers of customSt
i.633.
Counsd
in civil causes, i. 67.
io criminal causes, i. 89.
in capital causes, i. 89.
Counterfeiting
pnbKc securities and documents, i. 86,
iii. 1917, 2003, 2004.
current coin, ii. 1032, iii. 9005.
checks, notes, &c., orders, dtc, of bank
of U. States, iii. 1557, 1558.
bank plates of bank of U. Sutes, iii.
1558.
consular certificates of goods imported*
iii. 1889.
Courit of United Statet,
obsolete acts respecting, t. 233, 310, iL
797, 829.
Supreme Court,
organisation of, i. 53, ii. 1047, iv. 2538,
V. 3019.
quorum of, i. 55, ii. 653, 854, iv. 2160.
adjournment of, 55, 565, iv. 2160.
precedence of judges, i. 53.
original jurisdiction of, i. 58.
appellate jurisdiction from circuit courts,
1. 59, ii. 905, 1047, iii. 1719, v. J807,
8008. 3186.
on division of judges, ii. 856.
from district courts, i. 57, 452, ii. 883,
iii. 1795. 2039.
from state courts, i. 61.
from courts of territories, iii. 1977, 2024.
from courts of District of Columbia, iii.
1541.
assignment and allotment of judges to
circuits, i. 234, 310, ii. 855, 856, 905, iv.
2538, V. 2761.
removal of court in ease of contagioua
sickness, i. 565.
may issue writs of mandamus, prohibi-
tion, &c. i. 59.
may make rules, &c. i. 60, 66, 312, v.
2^95.
judges of, may issue writs of ne exeat
and injunction, i. 311, iii. 1793.
oath of judges of, i. 56.
appointment of clerk of, i. 56.
proceedings on error in, i. 61.
not to issue executions, i. 61.
reporter of decisions appointed, iii. 1639,
1803, 1913, 2046, v. 2899,2916.
terms of, when and where holden, i. 53,
it. 853, 854, iii. 2022.
Circuit Courtt,
obsolete acts respecting, i. 54, 238, 310,
797, ii.829, 1492, 1518, iii. 1649.
organization of generally, ii. 853, 655,
905, 1077, iv. 2538, v. 2760, 2807, 2885,
3144.
in seventh circuit, ii. 1045, 1111.
in Maine, iii. 1771.
i
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INDEX.
Circuit Caurt$,
original juriBdiction, i. 57, 781, iii. 1531.
in cases of interest, or disability of judgei
i. 260, n. 1121, iii. 1821, v. 2761.
in cases of patents and oopjrrights, iii.
1719.
in cases of injanctions en treasury war-
rants of distress, iii. 1793.
in cases removed from state courts, i. 57,
58, and see pages ii. 1492, 1518.
in cases of choses in action assigned, i.
57.
in cases of assigned debentures, i. 646.
of crimes within Indian boundaries, ii.
843, iii. 1606, 1644.
in suits removed from state oourts, t. 57,
58, and see pages ii. 1492, 1548, iii.
1649.
by offieera of customs, (obsolete,) ii. 1492,
M18, iii. 1649.
appellate jurisdiction, i. 57, ii. 905.
mm district courU, i. 57, ii. 905.
from state courts, on suits brousht by
United States for duties, fines, «c. ii.
1530:
special jurisdiction, in Maine, i. 57.
in New Hampshire, i. 322.
in Vermont, li. 862.
in Tennessee, iii. 1835.
in southern district of New York, ii.
1410, iii. 1666, 1667.
in eastern district of PennsyWania, iii.
1708, 1709.
in Pennsylvania, under charter of Bank
of U. States, iiL 1559.
in cases of naturalization.-^ee iVaCtira-
in bankruptcy, (obsolete,) i. 801.
in cases ot appraisement, i. 364, 654.
in cases of pensioners, i. 804, 322. — See
Pensions,
adjournment of, i. 55, 389, ▼. 2752, 2807.
wnat writs they may issue, i. 59, iii. 1835.
special sessions for criminal cases, i. 55,
311.
terms and sessions of,
in Alabama, iv.2539. ▼.2648, 2771, 3005,
3044.
in Arkansas, iv. 2539, ▼. 3001.
in Connecticut, i. 59, 194, 234, 312, 466,
ii. 855, iii. 2082, v. 297^.
in Delaware, i. 54, 55, 466, ii. 855, iv.
2367, 2539.
in Georgia, i. 55, 164, 234, 466, ii. 856,
iii. 1576, 2022, iv. 2159, v. 3044.
in Illinois, v. 2654.
in Indiana, v. 2654.
in Kentucky, i. 822, ii. 829, 908, 1045,
1083, iii. 1939, v. 3044.
in Louisiana, iv. 2539, v. 3038, 3044.
in Maine, i. 821, ii. 829. iii. 1771, v. 2970.
in Maryland, i. 54, 55, 466, u. 855, iv.
2539, 2177, v. 2743.
in Massachusetts, i. 55, 199, 234, 312, 466,
821, ii. 829, 855, 1218.
in Michigan, v. 2654, 2771.
in Mississippi, iv. 2539.
in Missouri, iv. 2539, v« 2771.
in New Hampshire, i. 55, 199, 234, 312,
466. 821, ii. 829, 855, 1218.
in New Jersey, i. 54, 55, 466, ii. 855.
in New Vork, i. 55, 199, 834, 319, 466,
Circuit Courts.
ii. 855. iii. 1985, 2022, iv.2539, 2260, v.
2734" 3144
in North Carolina, i. 97, 233, 312, 413,
466. 475. ii. 855, 988, 1037, v. 3044, 3109,
3184.
in Ohio. ii. 1045, 1083, iii. 1761. 1939,
2035, iv. 2193, v. 2654, 2867. 3002, 3104,
3122.
in Pennsylvania, i. 55, 420, 466, 714, ii,
855, iv. 2539, v. 2990.
in Rhode Island, i. 99, 199, 312, 433, 466,
■ 821.ii. 829,855, 1218.
in South Carolina, i. 55, 164, 466, ii. 856,
iii. 1576, 1949, 2008, 2022, iv. 2163, v.
3044.
in Tennessee, li. 1045, 1083, 1217, iv.
2218, V. 2743, 2806, 2866. 2975.
in Vermont, i. 176, 312, 433, 466, ii. 855,
iii. 1538.
m Virginia, i. 55, 199. 234, 466, ii. 855, iv.
2539, V. 2650.
District Courts,
acts obsolete, i. 797, ii. 829.
organization of, generally, i. 53, 54, u.
829, iv. 2540, v. 3038.
in Kentucky, i. 57, 58, 366.
in Maine, i. 57, 58.
in Tennessee, i. 452, 562, u. 1046, 1835.
two districts in. ii. 860, v. 2678, 2869.
in Ohio, ii. 883, v. 2654.
in Louisiana, ii. 1225, iii. 1971, iv. 2540,
2228,2256.
two districts in, iii. 1920.
in New York, two districts, ii. 1240, 1409,
1519, iii. 1535, 1646, 1655, iv. 2540,
2213, 2228, v. 2772, 2884.
in Indiana, iu. 1645, iv. 2540, 2228, ▼.
2654.
in MissiMippi, iii. 1665, iv. 2540, 2228, ▼.
2675.
in Pennsylvania, two districts, iii. 1708,
1717, 1957, iv. 2540, 2228, v. 2859.
in Virginia, two districts, iii. 1718, 1956,
iv. 2540, V. 2654, 3005.
in Illinois, iii. 1731, iv. 2540, 2228, v.
2654.
in Alabama, iii. 1773.
two diauicis, iii. 1936, iv. 2540, 2219, ▼.
2882, 3151.
in South Carolina, two districts, iii. 1878.
in Missouri, iii. 1828, iv. 2540. 2228.
in Arkansas, iv. 2540, 2534, 2772.
in Michigan, iv. 2457, 2654, 2771.
jurisdicuon and powers, i. 56, 353,781, n.
1403, 1531, iii. 1564, 1696, 1793, 1931,
V. 2894.
adjournment of, i. 55. ii. 941.
in cases of pensions. — See Pensions,
in cases of debentures, i. 646.
in cases of naturalization — See Naturali*
zation,
in cases of bankruptcy, l 733, ii'.858.^
in cases of injunctions, ii. 1043, ill 1798.
concurrent with circuit couiu in criminal
cases, V. 2894.
of injunctions to treasury warranu, m.
1793.
in cases of piracy, iii. 1931.
in cases of captures, i. 353, iii. 1564,
1696.
in cases of prise proceeds, iii. 1564.
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INOBX.
Diitria CaurU,
removal in cases of oontagioas sickness,
i.565.
respecting summons of grand jories, ii.
862, iii. 2036.
special juries in, ii. 862, iii. 1971.
special sessions and terms by, i. 54» 311,
iu. r956.
remoyal of causes in case of interest or
disability of district judges, i. 260, ii.
1121, iii. 1821.
judges, district, to issue injunctions, ii.
1043, iii. 1793.
to reside in their districts, ii. 1282.
not to practise as attorneys, ii. 1282.
judge of western district of Virginia to
hold court for western district o? Penn-
sylvania, iii. 2033.
terms and sessions of —
in Alabama, iii. 1773, 1805, 1836, 1936,
2038, 2056. iv. 2219, ▼. 2753, 3044.
in Connecticut, i. 54, ii. 1211.
in Delaware, i. 54, iv. 2367.
in Georgia, i. 54, 365, ii. 859, ▼. 3044.
in Illinois, iii. 1731, 1939, iv. 2219, 2308.
in Indiana, iii. 1645, iv. 2265.
in Kentucky, i. 54. 366, 466. ii. 988, 1047,
nil, iii. 1897, 1938, V. 3044.
in Louisiana, i. 1225, iii. 1920, 2008, iv.
2266, 2408, v. 3044.
in Maine, i. 54, 234, 861, iL 1203, 1314,
iii. 1665, ▼. 2970.
in Maryland, i. 54.
in Massachusetts, 1. 54, 365, ii. 1307.
in Mississippi, iii. 1664, 1806, iv. 2193,
2414, T. 2756.
in Missouri, iii. 1825, 1940.
in New Hampshire, i. 54.
in New Jersey, i. 54, 822, ii. 829, iii. 1824,
T. 3008.
in New York, t. 54, ii. 13V7, iii. 1646,
1663, 1813, 1985, 2015.
in North Carolina, i. 97, 235, 365, 466,
732. 822, ii. 829, 857, 1037, 1210, iii.
2035, iv. 2104, v. 3044.
in Ohio, iL 883, 1047, 1138, iii. 1761. 1939,
2835, V. 2867, 3104, 3122.
in Pennsylvania, i. 54, 164, 365, 375, iii
1708, 1795, 2017. v. 2791, 28^3.
in Rhode Island, i. 99, ii. 922.
in South Carolina, i. 54, iii. 1878, 1949,
V. 3044.
in Tennessee, i. 452, ii. 859, 922, 1047, ▼.
2751, 2771, 2866, 2975.
in Vermont, i. 176, 572, ii. 861, iii. 1538,
1921.
in Virginia, i. 54, ii. 859, 922, 1400» iii.
1663, 1718, 1758, 1841, 1956, 2011,
2034, iv. 2264, 2414, 2456, v. 2904,
2919, 2968, 3001.
Courts of U. Statet,
general powers of, i. 56 — 59, v. 2760.
equity powers, i. 59.
removal in cabes of contagious diseases,
i. 565, V. 2752.
adjournment of, i. 55, 339, it. 941.
to administer oaths, i. 59, 60.
to issue all proper writs, i. 59.
to issue writs of habeas corpus, iv. 2343.
process, forms of, d&c. i. 94, 169, 257,
630, V. 2760.
to order books and papers to be produced,
i.59.
CourU of XT, Stoiet.
process, in what districts served, i. 57.
trials of fact, by jury, &c., L 57, 59.
new trials, how grantable, i. 59, 60.
in what districts subposnas of witnesses
to run, i. 312.
contempts punishable, L 60, ii. 1417, iiL
1649j iv. 2256.
executions, how issuable and to run, i.
60, 68, 258, 312, 465, 684, iii. 1836,
2034.
costs, when allowed, i. 60, 571, ii. 1319.
writs of error, proceedings on, i. 61, 260.
in suits on penal bonds, i. 62.
venires for juries, i. 63, ii. 862, iii. 1971.
qualifications of jurors, i. 63. 792.
special juries, how reiurned, ii. 862.
evidence by depositions in, i. 64, 260, ii.
1214, iii. 1622, 2040.
evidence in equity cases, ii. 861.
by depositions in perpetuuoi, when
admissible, ii. 861.
witnesses compellable to give depositions,
iu. 2040.
death of parties, proceedings on, and re-
vivors, i. 61.
amendments in process and proceedings,
allowable, i. 66.
state laws, rules of decisions in, i. 67.
counsel for parties, i. 67.
to make rules and orders, i. 312.
mouey deposited in court, how disposed
of,ii. 1417, iii. 1648.
limitation of lien of judgment, v. 2773,
2807.
commissioners to have powers of justice
ofthepeace, V. 2894.
coinpensation of judges. — See Compaua-
tian.
forms and modes of proceedinc in states
admitted since 29th September, 1829,
iv. 2121.
in states, where judgments are a lien,
defendant to have an imparlance, iv.
2121.
final procees in, what, iv. 2121, v. 2878.
in admiralty causes may take bail and do
other acts in vacation, iv. 2262.
Courti of Territories,
jurisdiction and regulations of, i. 842,
975, ii. 1034, 1608, 1644, iii. 2074.
in Indian territories, ii. 842, iiL 1606,
1644.
in Indiana, ii. 1502, iii. 1602.
in Illinois, ii. 1521, iii. 1602.
in Alabama, iiL 1712.
in Michigan, i. 957, iiL 1874, 1915, 1977,
2040.
in Arkansft.iL 1252, iiL 1603, 1728, 1774,
iv. 2106, 2193, 2241.
in Florida, iii. 1826, 1904, 1952. 2023,
2069, iv. 2110, 2131, 2422. 2461, v.
2733.
in Wisconsin, iv. 2429L
CourUt Slate,
appeals from, L 61, ii. 1530.
removal of causes from, L 57, 58. See it.
1492, 1518, iii. 1649, iv. 2341.
jurisdiction given to, L 57, 58, ii. 1530,
1531.
powers in respect to remission or forfei-
tures, iL 1531.
under post office acts, iiL 1997.
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INDEX.
8251
Cimnt Jtfaftttir— See Army, ii. 1000. I^ee
MUUia,
Cowardice
in army andnaYy.— See Army and Navy.
Creek IndianM,
lands ceded by, to be sunreyed and aoldi
n. 1511.
location of lands reserre^, iii. 1642.
purchase of reserved lands authorized, iii.
1720.
act to carry into effect, a treaty with, ir.
* 2390.
sales of reserves in certain cases, iv. 2544.
CrediU,
limitations of claims for, on treasury
books, i. 226. 525.
on accounts with U. States regulated, i.
408, 464, and see AceounlM,
on sales of public lands, abolished, iii.
1775.
for duties on importations, i. 627, ii. 962,
1078, 1108. iii. 1715.
Crimet and Offences,
see particular beads.
general actt punishing, i. 83, iii. 1999.
trials of, in what court, i. 84.
capital trials provided for, i. 89.
indictments for, i. 87.
standing mute, i. 89, iii. 2002, iv. 2417.
limitations of prosecutions for. i. 90.
punishment of death, how inflicted, i. 90.
punishment to hard labour in state pri-
son, iii. 2002, iv. 2405.
who may arrest and hold to bail for, L 66.
what bailable, i. 66.
in District of Colombia, iv. 2233.
special aetS'~-
perjury before committee of Congreaa, i.
499.
perjury on taking poor debtor's oath, i.
506, iv. 2238.
correspondence with foreign government,
i. 558.
casting away ships, &c. fraudulently, ii.
940.
counterfeiting current coin, ii. 1032, iii.
2005, 2006.
forgeries and fraud on Bank of U. States,
iii. 1557, 1558, 2003.
against neutrality acts, iii. 1694, v. 2651.
See also obsolete acts, i. 353, 453, 469,
ill. 1633.
piracy, i, 84. iii. 1739, 1798. 1874, 1931.
forgeriA and frauds on U. States, iii.
1917, 2003, 2004, 2005.
against post office establishment, iii.
1985—1999.
slave trade, i. 319, 780, ii. 886, 1050, iii.
1698, 1752, 1798.
within Indian boundaries, ii. 842, 843, iii.
1644, iv. 2118, 2394.
commanders of public ships punished for
employing foreign seamen, ii. 1333.
against U. States timber reserved for
naval purposes, iv. 2239.
consuls and commercial agents giving
false certificates, iv. 2414.
revolt and mutiny on board of vessel, iv.
2416.
attempt at revolt or mutiny, iv. 2417.
whippmg and pillory abolished, v. 2761.
contempts of courts, iv. 2256.
Croghan, George.
resolution presenting gold medal to, it.
2420.
Criers of Courts,
appointment and pay of, L 571.
Cumberland road,
laying out and repairs of. ii. 990, 1196,
1244. 1500, iii. 2058, iv. 2170, 2414.
continuation of. iii. 1801, iv. 2551.
• construction of in Ohio. iv. 2165.
in Indiana, iv. 2166.
superintendence of. assumed by Ohio,
with the assent of Congress, iv. 2250.
surrendered on certain conditions to the
states through which it passes, iv.
2372.
CiHTency.— See Coin— Mini.
Customs. — See Duties.
Custom House,
built at New Orleans, ii. 1044.
regulations of. — See Duties, Collection of.
Death,
punishment of, how inflicted, i. 90.
of parties in suits, provided for, i. 65.
Debasement
of coins, i. 231. iii. 2006.
Debentures. ^See Duties.
collection of, i. 636, 644, 645.— See
Drawback.
assignment of, i. 646.
on loaf sugar and distilled spirits payable
by collectors, iii. 1819. See p. iii. 1612.
DAt, Public,
general provisions and regulations re-
specting, i. 109, 165, 200, 263, 315,
341, 375, 376, 400, 401, 416, 446, 466,
ii. 886, 1033, 1173, iii. 1625, 1826, iv.
2191, V. 2827, 2861, 2964, 3181.
settlement of, due to the states, i. 31,
158, 341, 375, 483, iv. 2518.
settlement of, due by states to United
States, i. 561, iii. 1826.
limitation of claims for, i. 226, 315, 323,
341, 376, 466, 525.
destruction of certificates of, provided for,
i.323.
due to U. States by private persons,
settlements provided for, i. 408, 464,
ii. 1112, 1309. iii. 1630, 1659, 1722,
1776, 1791, 1853, 1856, 1876, 1917, iv.
2331.— See Accounts, Public.
Louisiana stock created, &c., ii. 908, iii.
1837.
exchange of certain stocks of, iii. 1837.
redemption of, ii. 862, 1040, 1129, iii.
1640.
commissioners of sinking fiind authorized
to redeem, iv. 2191.
Debtors, Poor,
relief of. when imprisoned, i. 246, 340,
• 441, 506, 715, iii. 1653, 1932, 1939.
for debts due to the U. States, i. 506, iiL
1652.
insolvent, priority of the U. States, i. 465,
630.
delinquent, public, treasury warrant of
distress, iii. 1791. ^^
proceeding against, iii. 1791.
garnishees oi, how proceeded against, iii.
1690.
application to secretary of treasury for
discharge and proceedings thereon, iv.
2236, 2327, 2536, v. 2969.
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S268
INDEX.
DAton, Poor,
oommiaaioDere of insoWency to be ap-
pointed in each diatrict, !▼. 2237. ▼.
2792.
proceedinga upon report of commiaaion-
ere, iv. 2237,
falae oath by, made perjury, iy. 2238.
aecretary of treasury may execute a re-
leaae m certain caaea, iv. 2327.
not to be discharged unleaa bis aureliea
couaent or are inaolFent, iv. 2327.
if surety or eo-aurety be dead, conaent of
his peraonal repreaentative to be auffi-
cient, iv. 2368.
•ecretary of treasury majr enter aatiafac-
tion on judgments against, in certain
caaea, iv. 2369.
Dteaiur, Su$an,
widow of Stephen Decatur, penaion
granted to, iv. 2556.
DedimuB Fattttatem, — See D^posittoiw, JSvt-
denee.
Dtiaware,
time of holding circuit and district courta
altered, iv. 2367.
D^egatet. — See Ccn0re$s,
election of, orovided for, iiL 1687.
pay and Iruiking, ii. 828.
from Michigan, lii. 1719.
from Wisconsin, iv. 2i32.
Ddinquent Debtort.—See Dtbtorg, Foor^
AeeountM, Fublk,
Vemurrert,
for form, &c. i. 66,
Denmark,
commissioners under treaty with, iv.
2231.
DepartsMfUf, etloMuAsiefa and regulatwnt
of.
of foreign affairs, i. 5.
of state, i. 5, 14, 70, 97, ii. 1432, iii.1597,
1599, 1615, V. 2898, 2970.
of war, i. 31, 261, 381, 431, 556, ii. 1092,
1122, iii. 1597, 1599, 1630» 1644, 1776,
1853, V. 2899,— See Army—Fauiont.
of treasury, i. 46, 196, 261, 381, 408. 790,
u. 1092, 1122, 1283, 1432, iii. 1597,
1599, 1630, 1644. 1659, 1722, 1759,
1776, 1790. 1791, 1853, iv. 21 18, v. 2898.
— See FensuMu.
of treasury, remission of forfeitures by, i.
93, 257, 391,458, 717^ ii. 1283, 1287, iv.
2329. — See Forfeitures,
settlement of accounts at.— See Accounts,
Fublic.
secretary of, to limit number and pay of
clerks and deputies in custom houses,
iii. 1856. ^
of navy, i. 498, 556, ii. 1092, 1122, iii.
1597, 1630. 1644. 1776, 1853, v. 2898,
2961.— See Navy.
treasury building to be rebuilt, iv. 2501.*
annual reports ofexpenditures to be made
to Congress, iv, 24^. .
DepotU,
of goods for duties, i. 627, ii. 1078, 1079,
ill. 1714, 1715.
of money in court, regulated, it 1417, iii.
1648.
of money by officers of Congress, ii.
1502.
of ffoods in public warehouses, iii. 1714.
embezzlement of, punished, iii. 1715.
DsfotU^
of ships* papers with American consul*,
U.884.
of foreign ships' papers with foreign con-
suls, iii. 1626.
Deposits of the Fublk Money,
general regulation of—
secretary o^ the treaaury to aelect banks
in the difierent atatea and territoriea, it.
2445.
where there is no bank, or all refuse, may
select one at some adjacent place, iv.
2446.
banks to furnish statements, iv. 2446.
terms to be agreed to by banks, iv. 2447.
banks issuing notes less than five dollars
not to be selected, iv. 2447.
secretary may require security, iv. 2447.
secretary authorized to enter into con*
tracts with said banks, iv. 2447.
settlement with deposit banks, v. 2643.
no bank selected to be discontinued bat
for certain causes, iv. 2448.
secretary to lay before Congress annual
statement, iv. 2448.
transfers in certain cases declared illegal,
iv. 2449, 2502.
surplus in treaaury to be deposited with
the aeveral atatea, iv. 2449, v. 2637.
proportions in which deposits with the
statea to be made, iv. 2450.
Depotitions,
how taken, i. 64, iii. 1662, 2040.
by oommiasioners, ii. 1214, iii. 1662.
in perpetuum, ii. 1214.
how witnesoea compelled to give, iii.
2040.
D^tUietj
of diatrict attorneys authorized, ii. 1530,
1531.
of collectors. — See DiUiea, Collection of,
of postmaster general. — See Fost Ofco.
Desertion. — See Army and Navy.
Deserters
from French ships, provided for, iii. 2021.
Destroying
ships corruptly, ii. 940.
conspiracy for, iii. 2006.
Detention of £ef ters.— See Fost Ofice,
Detroit Donation,
rights in, ii. 1233, 1645.
Diminishine Com.'-See Coin.
Director ofMint.See Mint.
Dirertors of Bank of U. States.^See Bank ef
U.S.
Disability of District Judge
provided for, i. 260, ii. 1121, iii. 1821.
Disbursement and Advance
of public money, regulated, ii. 1123, iiL
1876.
Discipline rf MUitia,^&ee Militia, 254.
Discount,
op prompt payment of duties, iii. 1690.
Discriminating Duties.^See Duties, Diecri"
mtnating.
Distress, Treasury,
against debtors, iii. 1791.
Distillers, duties on. — See Duties, Internal.
District Courts and Judges. — See Courts.
District of Columbia. — See Columbia.
District Attorneys.— See Attorneys, District,
i. 67, ii. 858. iii. 1564, 1793, v. 2641.
period of office limited, iiL 1790.
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UmBX.
ttftS
Direet Tinr.— See Toe, Dinei.
JHoision
of opinion of judges in circuit courts pro-
Tided for, i. 310.
for public ships, establishment of, i. 567.
—See Na»if.
Jhme$tie Goodi
reimported free of duty, i. 614.
Draft* and .Tare,
custom house allowsnoe for, i. 624.
Pramback»» — See Dutia Collection of.
acts respecting, t. 6, 32, 176, 342, 377,
450, 792, ii. 909, 1257, iii. 1684, iv. 2325,
▼.2851,2919.
general regulations of, i. 636—652, ii. 850,
957, iii. 1591, 1592, 1705, 1721, 1740,
1773, 1819, 1890, 1891, 1892, 1893,
1946.
forfeiture for relanding goods, i. 649.
false entries for, puniuied, i. 652, iii.
1721.
from what ports goods for exported, i.
639—641.
on goods transported by land from and to
certain ports and places, i. 642, 813, ii.
916, 1139, iii. 1658, 2035.
on goods transported coastwise, L 639,
640, 641, iii. 1890, 1891. 1892, iv. 2139.
on wines and spirits transported coast-
wise, iU. 1715, 1740,1891.
twenty days allowed after entry for giying
bonds, hi. 1592.
twenty days from clearance for complet-
ing entry and oath, iii. 1773, 1891.
time allowed by secretary of treasury after
twenty days, iii. 1978.
on distilled spirits, ii. 1612, iv. 221 1, 2116.
on refined sugar, iii. 1612, iv. 2160.
on dyed silks, iii. 1946.
on brsndy imported in casks of fifteen
gallons, iii. 2063.
merchandise entitled to debenture may
be exported with benefit of drawback,
at any time within three years, iv. 2115.
benefit of, extended to merchandise trans-
ported by land, or land and water from
one district to another, iv. 2226.
no drawback allowed on cables, iv. 2319.
Dutie§ on imported Goode,
. acts laying, i. 2, 159, 167, 177, 201, 238,
348, 361, 376, 456. 483, 775, 793. ii.
941, 948, 1017, 1058, 1074, 1077, 1108,
1131. 1177, 1211, 1271, 1297. 1374, iii.
1534, 1587, 1617, 1633, 1705, 1706, 1708,
1740, 1942, iv. 2113, 2140, 2201. 2317,
2343, 2345, 2383, 2418, 2534, 2339, v.
2662,2919,3112.
on Spajush importations into Florida, iii.
books, ft'C. for colleges, &c. free of duty,
iii. 1590, 1947.
on wines, iii. 1587, 1740, iv. 2144, 2514,
2517, 2321.
on ad valorem goods, how estimated, i.
616, iii. 1680, 1884, iv. 2116, 2201,2326.
goods free of, iii. 1590, 2318. 2322, 2339.
on iron, iv. 2113, 2203, 2319, 2320, 2345,
2383, 2418, 2534.
entire, iv. 2113, 2319.
on braziers' rods, iv. 2113, 2319.
on axes, adzes, &c., iv. 2113, 2319, 2345,
2383, 2418, 2534, T. 2662.
JhUiu on imported Good*.
onsteel, iv. 2113, 2319;
on lead. iv. 2113. 2320. 2389.
on wool unmanufactured, iv. 2114, 2318.
on wool imported on the skin, iv. 2114.
on manufactures of wool, iv. 2114. 2318.
on unmanufactured hemp, iv. 2115, 2320.
on unmanufactured flax, iv. 2115.
on sail duck, iv. 2115, 2330.
on molasses, iv. 2115, 2211.
on imported distilled spirits, iv. 2115.
on manufactures of silk, iv. 2115, 2320.
onindigo,iv. 2116, 2321.
on window glasses, iv. 2116, 2320.
on importoa roofing slates, iv. 2116, 2320.
on cotton cloths, iv. 2116, 2318, 2320.
on Greek and Latin books, iv. 2120.
on cofiise, iv. 2196.
on cocoa, iv. 21%.
on teas, iv. 2196, 2320.
on raihroad iron, iv. 2203. 2332, 2456.
onsalt,iv. 2211, 2320, 2326.
on floor cloths, oil cloths, floor matting,
&c., iv. 2318.
on iron spikes, nails, &c.; iv. 2319.
on anvils, anchors, cables, iv. 2319.
on fire-arms, iv. 2319.
on japaimed and plated ware, iv. 2319, v.
2662.
on scrap and old iron, iv. 2320, 2326.
on sugars, iv. 2320.
on slates, iv. 2320.
on vials, bottles, &c., iv. 2320.
on black glass bottles, iv. 2321.
on Leghorn hat^, iv. 2321.
on whalebone, iv. 2321.
on boards, planks, iv. 2321.
on walking canes, umbrella sticks, iv.
2321.
on copper, iv. 2321, 2345.
on paper hanginga, iv. 2321.
on manufacturea of hemp, iv. 2321.
on manu&ctnres of wood. iv. 2321.
on artificials, capa, millinery, iv. 2321.
on comfits, &c. iv. 2321.
on umbrellas. &c., iv. 2321.
on parchment, iv. 2321.
on wafers, iv. 2321.
on black lead pencils, iv. 2321.
on cabinet wares, iv. 2321.
on hats and caps, iv. 2321.
on manufactures of leather, iv. 2321.
on boots, shoes, iv. 2321.
on porcelain, China, stone, and earthen-
ware, iv. 2321.
on musical instruments, iv. 2321.
^n manufactures of marble, iv. 2321.
on baskets, iv. 2321.
on beada. iv. 2321.
on lamp black, iv. 2321.
on bleached or unbleached linens, iv.
2321.
on shell or paper boxes, iv. 2321.
on hair braceleta, iv. 2321.
on hair, iv. 2321.
on bricks, paving tiles, iv. 2321.
on brooms, iv. 2321.
on Cashmere of Thibet, iv. 2321.
on down, iv. 2321.
on feathers for beds, iv. 2321.
on non-enumerated articles, iv. 2321.
on tobacco, iv. 2345.
on sheet and rolled brass, iv. 2345.
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»S4
INDEX.
JhUia and Exei»e9, Inttrnal,
actf aboli«hing, i. 845, iii. 1654.
obsolete acts for aaseasment and collec-
tion of, generally, ii. 1320, 1379, 1459,
1524, iii. 1592, 1654, 1687.
on stamps, i. 476, 465, 490, ii. 1374, 1434,
iii. 1534.
on spirits distilled, i. 178, 248, 348, 457,
468, 492, ii. 1343, 1428, 1439, iii. 1568.
on licenses and retailers to sell spirits, i.
346, 813, u. 1370, 1428, 1447, 1495,
1500.
on carriages, i. 343, 436, ii. 1341, 1435.
on snuff*, i. 354, 392, 451, 460, 556, 771.
on refined sugsr, i. 354, 392, 451, 460,
556, 771, ii. 1336, iii. 1534.
on goods at auction, i. 366, ii. 1346, 1401,
household fumitare, watches, &^., ii.
1478, iii. 1545.
on plated ware and jewellery, ii. 1503,
1514, iii. 1535, 1545.
on domestic manufactares, ii. 1470, iiL
1535.
Duties on tonnage,
obsolete acts, i. 5, 6, ii. 1509, iii. 1710,
1738.
on domestic ships, i. 106, 629, ii. 875, iii
1592, 1617. 1623, 1624, iv. 2216.
on foreign ships, i. 106, 629, ii. 875, iii.
1592, 1617, 1623. 1633, iv. 2216.
on ships of countries with which trade
not permitted, iii. 1617, 1633.
how tonnage ascertained, i. 630.
how paid, i. 629.
on ships trading between different dis-
tricts, without a coasting license, iii.
^623. „ ^ ,.
suspension •■ to French ships, ui. 1895,
1896.
suspension of, as to ships of the Nether-
lands, Prussia, Hanse Towns, Olden-
burg, Norway, Sardinia, and Russia,
iii. 1933, 2058.
of republic of Colombia, and Sweden and
Norway, iii. 2047. iv. 2265.
suspension as to foreign ships of other
nations, on reciprocity provided for, iii.
1933.
on British ships, iii. 1535, 1893.
light money, ii. 949, 976.
abolished as to American • vessels, iv.
2216.
abolished as to foreign vessels, on condi-
tion of reciprocity, iv. 2216.
on vessels of Portugal, repeated, iv.2267.
on Spanish vessels, iv. 2314, 2407. .
Dutiest discriminating,
on goods imported in foreign vessels, ui.
1591, 1946, iv. 2325.
See Duties, ttett laying,
obsolete acts laying, li. 1309, iii. 1710,
1738.
acts suspending (obsolete), ii. 1509, m.
1710, 1737.
suspended, as to ships of certain states,
iii. 1933, 2017, 2058.
on French ships, iii. 1895, 1896.
on British ships, ii. 1525, iii. 1893.
general suspension authorized, iii. 1933.
on Belgian vessels and cargoes, iv. 2535.
general exemption where there is recipro-
city, iv. 2134.
DmOss, diserimmaiiMg. *
on vessels and caigoea of Pmasia, !▼.
2134.
on produce of Portnnl, it. 2514.
on vessels of Colombia, iv. 2265.
Duttet. eoUeetion of, regutated,
obsolete acta, i. 5, 83. 117, 167, 238, 313,
433, 454, ii. 960, 1272, 1287, 1488, 1515,
iii. 1649, 1679.
acts in force, i. 573, iL 912, iiL 1623,
1623, 1139, 1272, 1287, 1616, 1658,
1715, 1760, 1790, 1811, 1819, 1835,
1836, 1850, 1856, 1881, 1890, 1927,
1952, 1978, 2063. v. 2670.
districts, and custom house ports—
in New Hampshire, i. 573, 812, iii. 1854.
in Maine, i. 573, 777, 812, ii. 958, 984,
1070, 1094, 1194, iii. 1718, 1836, 1854,
2010, 2012, iv. 2329, 2387, 2243, 2334,
V. 2960, 2975, 2978, 3007, 3029, 3209.
in Massachusetts, i. 573, 812, ii. 958,
984, 1194, iii. 1576, 2065, iv. 2313, 2348,
2386, 2534, V. 3793, 3011.
in Rhod^ Island, i. 575, 812.
in Connecticut, i. 576, .777, iii. 1576,
2047, iv. 2243, v. 2868, 2879, 2884.
in Vennont, i. 577, ii. 1192.
in New York. i. 576, 577, 593, ii. 973,
1192, 1193, iu. 1679, 1854, 2010, 2065,
V. 3157.
in New Jersey, i. 578, ii. 989, iv. 2189,
2386, 2387, v. 3012.
m Pennsylvania, i. 578, 579, iv. 2386.
in Delaware, i. 579, iv. 2196, 2242.
in Maryland, i. 579, 580, ii. 892, 1094, iii.
1854, V. 2972, 3011.
in Virginia, i. 580, 581, 777, 820, ii. 873,
1194, iii. 1854. 1952, v. 3011.
in North Carolina, i. 582, ii. 836, 873,
892, 1094, 1409, iii. 1676, 1854, v. 8824,
3012.
in South Carolina, i. 583.
in Georgia, i. 583, 584, ii. 875, iii 1661,
V. 3011.
in Kentucky, i. 584.
in Tennessee, i. 584,814.
in western territories, i. 585.
in Mississippi, i. 586, ii. 874, 882, 918,
1043, 1194, iii. 1812, iv. 2386, v. 2722.
3012.
in Louisiana, ii. 912, 1225, iii. 1578, 1618,
iv. 2533, 2189, 2242, v. 3010, 3043.
in Ohio. i. 614, ii. 873, 974, 1193, iii. 1671,
1821,2010, V. 2885.
in Alabama, ii. 914, 1335, iii. 1636.
in Florida, iii. 1850, iv. 2160, 2242, 2377.
in Michigan, iv. 2387.
in Texas, v. 3093, 3208.
what ports are ports of entry,*!. 586, 587,
iv. 2160, 2189, 2313, 2329, 2348, 2386,
2533 2534.
of deUvery, i. 586, 587, iv. 2196, 2248,
2334, 2386.
regulations of entn^, at special ports, i.
588, 777, 820, iii. 1952.
oath to be taken by officers of custoois, i.
589.
appointment and duties of officers of
customs, i. 590, 595, 606, 609, 619, 632,
633, 649, 652, 657, ii. 1273, 1488, 1515,
iii. 1593, 1650, 1848, 1854, v. 2822, 3008,
3026,3091,3094.
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INDB^L
828$
Ditfter, eaUediom ^, r^pdatti,
of oollectora, i. 590, 592. 612, 620, 632,
iii. 1650, 1697, 1759. 1761, 1790, 1791,
1811, 1848, 1854. T. 2823.
term of appointment limited, iii. 1798.
of naval officers, i. 590, 632, iii. 1790.
of aarreyora. i. 590, 605, 609, 610, 632,
iii. 1790, 1854.
of deputies, i. 592, 658, iii. 1650, 1811, 1848.
in casea of death, i. 592.
of weighers and gangers, i. 590, 633.
of mspectors and measurers, i. 590, 605,
609, 610, 611, 612, 619. 621. 633, 650,
ii. 1490, 1516, ui. 1650, 1790, 1856.
secretary of treasury, to fix and limit the
number of derka in custom house, iii.
1856.
compensation of officers of customs, i.
664, 668, 836, iii. 1811, 1855. 1856, 1926,
T. 2670. And see Compenaatum,
emoluments, to be accounted for, at trea-
sury, iii. 1856.
manifest of cargo, Slc. i. 593.
ibrfeiture, for want of, i. 594. .
how and when certified, i. 596.
Ibrfeiture for not producing, i. 596.
unlading and transhipment before arriyal
in port, prohibited, \, 597, 598.
departure after arriyal before entry, pro-
hibited, 597, 598.
report of arrival when made, i. 598.
form of oath on report, i. 599, 600.
report of spirits and wines, &. i. 600.
•hips of war, exception of, i. 601.
when ships to proceed to foreign ports,
without securing duties, i. 601.
u> other districts, i. 602.
ships bound to various districts, how to
poceed, i. 602, 603.
ships with spirits, &c. i. 604, 605.
entry of goods, when and how made, i.
606, iii. 1760, 1881, 1887.
oath on entry, i. 606, iii. 1760, 1882, 1883.
inroice and manifest on, i. 606, iii. 1760,
1881.
Ibnn and proceedings on, i. 607, iii. 1760,
1881.
bond on entry, i. 608, iii. 1881, 1890.
of goods, free of duty, iii. 1760.
of wrecked goods, iu. 1889.
spirits, wines, and teas, entry of, i. 609.
how and when landed, i. 609.
permit for, i. 609.
certificate of landing, i. 610.
form of do. i. 610, 611.
sttpervisors to provide blanks for certifi-
cates, i. 611. li. 905.
« certificates delivered purchasers, i. 611.
efiect of non-delivery of, i.611.
marks on casks to be defaced before sale,
i. 611.
penalty for wrongfiUly de&eing marks on
casks, i. 612.
sea stores, report of, i. 612.
baggage, report of, i. 612, 613, iii. 1927.
impfementa of trade, report of, i. 612, 613,
form of oath, on report of, i. 613.
form of bond, on, i. 613.
no duty on domestic goods brought back,
i. 614.
report, oath, and entry of such domestic
goods, i 614, 615.
permit and bond on do. i. 614, 616.
IhUiei, eoUfetion ofy reguUUti,
oath and affirmation on reports and en«
tries, iii. 1614.
by whom administered, i. 616.
duties, mode of estimating on entry, i.
616, iii. 1884.
ad valorem, i. 626, iii. 1884.
permits, when and how granted for un-
lading, i. 617, 626, 627, iii. 1619.
goods, at what limea unladen, i. 617, 626,
iii. 1819.
forfeiture for unlading without a permit,
i. 617.
goods to be weighed and gnaged before
removal, i. 617.
incomplete entry, for want of invoice,
provided for. i. 617, 618.
do. damaged, i. 617, 618.
to be stored, i. 617, 618.
appraisement in cases of goods, without
m voice, i. 618.
do. of damaged goods, i. 618.
oath of appraisers, i. 618.
inspectors, duties of, i. 595, 619.
to be put on board of vessels arriving, i.
619.
do. of vessels bound to another district, i.
619.
to attend delivery of cargo, i. 619.
inspectors, how paid. i. 620.
penalty for neglect of duty, i. 620.
officers of customs to go on board of ves-
sels, within or without their districts,
witliin four lesgues of the coast, to
search, i. 620.
hatches secured after sunset, i. 621.
penalty for breaking fastenings, i. 621.
when deliveries complete, returns to b^
made to collectors, i. 621.
form of return, i. 621, 622.
time for unlading of goods, i. 632, iii.
1760, 1881,1887.
goods not unladen within proper tune,
taken possession of. i. 622.
proceedings on, and sale of such goods, i.
622, 623.
proceedings, when such goods are perish-
able, i. 623.
when collector may enlarge time for un-
lading, i. 623. ^
compensation of inspectors for additional
time, i. 623.
proceedings when cargo does not agree
with manifest, i. 624.
post entries, when made, i. 624.
penalty, for fraudulent disagreement with
entry, i. 624.
allowance for drafts and tare, i. 624.
for leakage and breakage, i. 625.
vessels in distress, reffulations for, t. 625.
when goods unladen from, i. 625.
proceedings as to wrecked goods, iii.
1889.
« duties ad valorem, how eatimated, i. 626,
iii. 1884.
foreign coins and currency, how estimated
i. 626, 635.
duties to be secured before permit, i. 627.
bonds for, i. 627, iii. 1881, 1890.
only by citizens and residents, iii. 1090.
duties, how and at what timea payable,
i. 627. iii. 1890.
in enrrent money, iii. 1616.
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ISM
Bfl^BX.
Dutiei, eeileetitn 0/t r^gid^Udi
term of credit generally, i. 627, iL 962,
iii. 1715. and »eeii. 1078. 1108.
credit on wines, spirits and teu, L 627t
ii. 962, iii. 17\5.
deposit of goods in warehouses for security
of duties, regulated, i. 628.
proocedings in such deposit, i. 628.
form of bonds for securing duties, i. 629,
iii. 1890.
consignee to be deemed owner as to
duties, &c. i. 629.
fraudulent transfers, provided against, i.
629.
tonnage duties, when and how paid, i.
629, iii. 1623. See Duties an Tonnage.
deposit of ohrp's register, provided for, i.
630.
tonnage of ships, how ascertained, i. 630.
bonds for duties, to be sued when pay-
able, i. 630.
priority to the United States in cose of
insolvency, i. 630.
•nreties to have like priority, i. 630.
what deemed caaes of insolvency, i. 631.
debtors for duties to give special bail, i.
631.
judgment on such suits, at first term of
the court, i. 631.
interest on judgment, until paid, i. 631.
goods fraudulently invoiced, forfeited, i.
• 631, iii. 1687.
collector on suspicion may order appraise-
ment, i. 63-2.
officers of customs, when they may open
Ckages, i. 632.
search suspected places, i. 632.
oearch regulated, i. 632.
goods seised to be in custody of collector,
until adjudicotion, i. 632, 633.
officers rosy seize without as well as
within their districts, i. 633.
buying or concealing smuggled goods,
penalty for, i. 633, iii. 1926.
omcers seising, may plead general issue,
i. 633.
double costs to, in certain cases, i. 633.
onus proband!, when on cUimant, i. 633.
resistance and obsuuction of officers,
punished, i. 633, iii. 1927.
weighers and gaugers, returns by, how
and when made, i. 633.
form of returns, i. 633.
fees of officers, hung up in custom-house,
i. 634.
extortion, penalty for, i. 635, iii. 1656.
fraudulent conduct of inspectors, weigh-
ers, and other officers, punished, i. 635,
653.
felse certificates by officers, punished, i.
635.
duties, in what coins paid, i. 635.
how foreign coin valued, i. 635, 820.
drawback on exportation, i. 636.
regulations respecting, i. 636, 637, ^38^
639, 640, 641, 642, 11. 850, 957, iii. 1591,
1612, 1705, 1715, 1721, 1740, 1773, 1819,
1890, 1891, 1978, 1946, 2063, and see
Drawback. "-
from what ports goods exported, for draw-
back, i. 6-29, 640, 641.
when not allowed, i. 644, 656.
• when allowed on goodSf transported hy
Dutiee, eeUeelion ef, regukaei,
land, i. 642, 813, ii. 916, 1139, iii. 1658,
2035.
drawback on goods transported coast wise,
. 639, 640, 1715, 1740, 1890, 1891, 1892.
form of entry of, i. 639, 640, 641. -
form of entry, of such goods arriving
coastwise, 1. 641.
oath and proceedings on entry, i. 642.
proceedings, when goods exported from a
district, not of the importation, i. 642.
for giving bonds, enlarged, &c. iii. 1598,
1773, 1891.
debentures om drawback, regulations oft
644, 645, 646, iii. 1612, 1890, 1891, 1893,
1946, 1978, 2063.
assignable, i.*645.
assignee may sue on them, i. 645.
judgment on, at return term, i. 645,' 646.
certificate on exportation, for drawback,
i. 645.
bond upon exportation, 1. 646.
how dischsrged, i. 646, 647.
penalty for relanding, after such exporta-
tion, i. 648.
drawback on djred silks, iiL 1946. ^
on brandy, in 15 gallon casks, iiL 2063.
bounty on fish, i. 649.
regulations of, i. 650,651,652, ii.4350,
iii.1535, 1592, 1623, 1668, 1742. 1750.
no bounty, except on vessels, the offi-
cers sod 3-4 ths of the crews of
which are citizens, iii. 1623.
forfeiture for false entry, for drawback or
bounty, i. 652, iii. 1721.
obstruction of ships by ice, provided for,
i. 652.
officers not to engage in trade, i. 652.
bribery of officera pui^ished, i. 653.
false entries, connivance at, punished, i.
653.
false oaths and affirmations, punished as
peijury, i. 653.
penalties, forfeitures, how sued for, i. 653,
ii. 1491. iii. 1892, 1927.
how distributed, i. 655, ii. 1491, iii. 1898,
1927.
proceedings for condemnation, i. 654, 655.
when delivery of goods, on appraisement
to claimant, i. 654.
judgment on bond, for appraised value, i, *
certificate of probable cause, i. 654, 655,
ii. 1047.
proceedings on restitution, i. 655.
ships and goods condemned, how sold, i.
655.
limitation of suits for penalties and for-
feitures, i. 655. ^
officers maj be witnesses, i. 656.
goods to be imported by sea only, except
on frontiara, d&c. i. 656.
in vessels of thirty tons, i. 656.
forfeiture for illegal importation, i. 656.
proceedings, on clearance of vessels for
foreign voyages, i. 656, iii. 1760.
manifest and clearance, how made and
rnted, i. 656. iii. 1760.
to be fixed in. manifest, iii. 1760.
oath and form of, i. 657, iii. 1760.
state inspection laws to be observed, i. 657.
importation of horses, cattle, sheep,' d&e.
far bleed, entry of, i. 658.
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INDEX.
S26T
Jhtittt eellection &f, reguhiti.
forfeiture for non-entry, i. 658.
ftttlbority to deputies to perform duties of
collectors ana naval onicers, i. 658. ,
persons scrupulous of taking an oath may
, affirm, i. 658.
revenue cutters, building and regulation
of, i. 658, 659. .
officers of, appointment and duty, i.
658, 659.
row boats, building and regulation
of, i. 659.
ensign and pennant woi|p by, i. 659.
vAseis to bring to, when required or
chased by revenue cutters, i. 659, 660.
penalty for illegally hoisting pennant, i.
660.
beer, porter and ale, regulations on impor-
tation of, i. 660.
in what casks and packages, i. 660.
distilled spirits and refined sugar, impor-
tation of, regulated, i. 660, iii. 1612,
2063.
in what vessels, casks, and pack-
ages, i. 660, iii. 1612, 2063.
forfeiture on non-compliance, i. 660.
treaty privileges secured to British sub-
jects and Indians, i. 660, 661.
frontier trade regulated, i. 661, 662, 663,
ii. 874, 875, 879, 881, 912, 913, iii. 1811,
1926.
in what boats and vessels, i. 661.
how entry and manifests, i. 661.
how entry, when goods to be carried
over portages, i. 662.
oaths and certificates in such cases,
i. 662.
penally for frauds in respect to goods to
be carried over portages, &.c. i. 663.
what oaths to be taken in such cases,
i.663.
forms in substance not to be deviated
from, nor penalty for mistakes, i. 663.
•ecretary of treasury may prescribe ad-
ditions to form^, i. 663.
commissions, how divided in case of death
of collector, i. 668.
trade on Mississippi regulated,, li. 874,
875.879,881,912,913.
in District of Columbia, ii. 880.
inspection in, ii. 880.
slave trade vessels prohibited from entry,
ii. 886.
state laws prohibiting slave trade to be
observed, ii. 887.
transportation of goods by land, allowed
between certain places with saving of
drawback, i. 813, ii. 916, 1658, 2035.
treat y with Spain as to vessels in distress,
enforced, ii. 962.
armed vessels, clearance of, provided for,
(obsolete) ii. 980.
entry of certain vessels from India au-
thorized, (obsolete) ii. 1272, 1287.
clearances from ba^ou St. John and canal
de Carondelet, iii. 1618.
further regulations for collection of duties,
(obsolete,) iii. 1679.
further regulations of importations —
DO goods to be imported exeept in Ame-
rican ships, or ships of the country of
production, iii. 1622.
IhUim, eotteetian of, rmlatei.
forfeiture for inegalimportation, iii. 1683.
foreign vessels not to trade with goods
not part of original cargo, between dif-
forent ports ol U. S. in. 1623.
tonnsge duties on ships trading between
different districts, iii. 1623.
on ships from foreign ports, iii. 1623.
fraudulent embezzlement of wines and
spirits deposited, iii. 1715.
the values of all imported articles to be
ascertained, as articles ad valorem, iii.
1760.
Talue of exported articles to be aeoer-
tained, ana how, iii. 1760.
manifest on foreign voyage to contaia
value of the goods, and lo be verified
by oath, iii. 1760.
collectors to keep account of national
character and tonnage of all vessels, iiL
. 1760.
collectors to make quarterly returns there-
of, iii. 1760.
secretary of treasury to prescribe rules
and forms thereof, iii. 1760.
annual statements required, iii. 1760.
importations in Spanish ships into Florida,
provided for, iii. 1835.
duties in Florida provided for, iii. 1850. ^
limits of port of rhiladelphia defined, iii.
1836.
emolumeota of cuatom house officer!
further limited, iii. 1855, 1856.
clerks, number and pay of them and of
deputies regulated, in. 1856.
now and when paid, iii. 1856.
penalty for receiving feea by revenue offi-
cers not provideafor by law, iii. 1856.
further regulations of, iii. 1881, Slc.
no entry of groods subject to ad valoieni
duties, without invoice, except, &c. iii.
1831.
not to extend to wrecked goods, iii. 1881.
provisions for cases where no invoice pro-
. duced, iii.. 1881.
virhen admitted on appraisement, iii. 1881.
gooda not entered deposited in public
warehouses, iii. 1882.
provisions for such cases, iii. 1882.
oaths on entry by owner, consignee, and
agent, iii. 1882, 1883.
by manufacturer, iii. 1833.
dutiea on goods subject to ad valorem
duties, how made, iii. 1884.
how when citizens absent, iii. 1884.
no ad valorem goods admitted to entry
without oath to invoice, iii. 1885.
how oath verified abroad, iii. 1884.
executors, administrators, and assignees
to take the oath, iii. 1886.
secretary of treasury may admit goods of
non-residents to entry m his discretion,
iii. 18t*6.
goods beloneing partly to persons in U.
Stales, admissible on their oath, in,
1886.
when invoices deemed suspicious, iii.
1886.
suspected goods how appraised, and te
Bay duties, iii. 1887.
lectors to open certain packages, iii.
1887.
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INDEX.
Dulttf , eotteeti»n of, reguUttd,
fraadiilent in^oicet, forfeiture for, iii.
1887.
secretary of trearary may remit for-
feitures on accouDt of mistake, iii. 1887.
general appraisers, appointment and du-
ties of. in. 1887, 1888.
remedy in case of dissatisfaction with ap-
praisement, iii. 1888.
penalty for appraiser refusing to ser^e, iii.
1888.
distribution of penalties on suspected in-
voices appraised, iii. 1888.
goods wrecked, how admitted to entry,
iii. 1889.
consular fee for certificate and verification
of invoices, iii. 1889.
counterfeiting certificate of consuls pun-
ished, iii. 1889.
goods admitted to entnr on invoice, the
value in invoice conclusive, iii. 1889.
bonds for duties in name of a firm to
bind all partners, iii. 1889.
no bond for duties to be accepted, unless
principal a resident and sureties citi-
tens, iii. 1890. ^
on duties paid in cash a discount of 4 per
cent, allowed, iii. 1890.
provisions as to goods transported coast-
wise for drawback, iii. 1890, 1891,
1892.
when such goods are to be deposited in
public warehouse, iii. 1892.
penalties, how sued for, mitigated and
distributed, iii. 1890.
frontier trade further regulated, iii. 1936.
penalty for concealing, receiving or buy-
ing smuggled goods, iii. 1926.
resistance or obstruction of officers of the
customs, punished, iii. 1927.
clearances m certain casea to be at Rich-
mond or at Petersburg, iii. 1952.
secretary of treasury to authorize the
completion of entries for drawback after
twenty days, iii. 1978.
brandy to be imported in casks not less
than 15 gallons, iii. 2063.
no drawback on any spirit distilled in the
U. S. from molasses, iv.2116.
where the duty is ad valorem, goods to
be appraised, iv. 2116.
where value ezceeda invoice 10 per cent,
duty of 50 per cent,iv. 2118.
secretary of the treasury authorized to
make rules for appraising, iv. 2118.
jw to goods tranaported coastwise, iv. 2140.
merchandise allowed drawback, without
deduction from duty within three years,
iv. 2159.
additional drawback on sugar refined in
the U. 8. iv. 2160.
drawback of brandv, iv. 2178.
regulation of vessels in James Rirer, ir.
2178.
additional appraiser for New York, it.
2201.
eight assistant appraisers, iv. 2201.
rule as to average value, iv. 2201.
appeal from appraisement, iv. 2201.
number of packages to be examined iv.
IhUia, eoUeetwti ^, rtgtdaiti.
goods for re-ezportation, iv. 2202.
compensation of assistant appraisers, it.
2203.
* forfeitures how sued, iv. 2203.
additional bond when to be required, it.
2203.
drawback on spirits distilled from fioreigo
materials, iv. 2211.
charges on passports and dearancea re-
pealed, iv. 2226.
benefit of drawback extended, iv. 2226y
V. 3061, 3150.
certain duties to be refunded, iv. 2836.
merchandise imported into Pittsburg, siid
other western cities, duties to bo there
secured and paid, iv. 2248.
act requiring addition of 10 or 20 per OMit.
to value to be repealed, iv. 2322.
when to be paid in cash, iv. 2323.
no deposit of teas in bond, iv. 2323.
law requiring teas to be weighed repealed,
iv. 2323.
duties on wool to be paid in cash or put id
bond, iv. 2323.
appraisement regulated, iv. 2323.
goodr not corresponding with entry for-
feited, iv. 2326.
pounds sterling to be valued at, iv. 2326.
articles enumerated may be bonded, iv.
2326.
certain articles may be deposited, iv.
2343.
in certain cases goods may remain in
owner's warehouse, iv. 2344.
after December 31, 1833, all dutiea ex-
ceeding; 20 per cent, to be reduced by
biennially striking off one-tenth, iv.
consequences of discrepancy, iv. 2202.
goods when to be delivered, iv. 2202.
duties to be paid in cash, iv. 2339.
goods to be valued at ports of entry, ir.
2339.
president authorised in certain cases to
change the aite of custom house, iv.
2340.
property in custody irrepleviable^ iv.
suits in state courts against offioeie of
UAited States removable to C..C. it.
2341.
in case of obstruction to the laws, iv.
2342.
postponement of duty bonds, v. 2642.
remission of duties on goods destroyed by
fire, V. 2719. . '
coal on board steam vessels exejoopted
from duty, v. 2724.
umbrella makers, v. 2763.
duties paid under protest, ▼. 2773, 3039.
whale nsheries, v. 2791.
wrecked goods to be free, v. 2975.
disposition of unclaimed goods, v. 9002,
3156.
revenue cutters, t. 3086.
Bawiportt
surveyor of, appointment, iii. 1854.
ElMioHt
of president and vice-president, regula-
tions for. i. 219, ii. 944. v. 3033.
contested, of members of Congress, regu-
lation for, i. 485.
of directors of bank of U. States, iii. 1736,
1737.— See Bank qf U. Statei. •
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INDEX.
S309
BUiwortk Ckirf Ju9iie$,
marble boat of, to bo proonred for 6. C.
room, W. 2388.
^JBmharge,
acts laying (obaolete) i. 342, 370, H. 1070,
1079, 1094, 1101, 1223, 1224, 1391,
1397, 1413.
Ai&Ms/«iicf»l.— Sea itmiy— iVavy.
of letters, iii. 1991.— See Po$t Ofiee,
of winea and epirita, depoaited in public
atorea, poniBned, Hi. 1715.
of public atorea, dbc. i. 86.
by ofBcera at mint, iii. ^006.— See Mini.
of foreign aeamen in pubiie ahipa not al-
lowed, ii. 1303.
JSfM0ue«. — See Alieiu — War,
trade with, prohibited, (obaolete,) ii. 1273,
1488,1511.
JSngineerB.-^QBt Army, i. 830, 835, 1241,
ill. 1616, 1809.
£mgra9ed PUUe§
of U. S. Bank for fraud, iii. 1558.
fnmver.— See Mini*
Etuistment. — See ^rsijf.
in foreign aerrice, prohibited, (obaolete) i.
^ 352, 453. 469, iu. 1633.
in foreign aerrice prohibited, (in force,) iii.
1694.— See Nentrality.
Enrobnemi
> of ahipa. — See Shipt.
Bniria
of land, errora in, prorided for, iii. 1747,
1948.
JEpidemie Diteatet,
proYislona in caae of, i. 923, 565.
Bqutpment and Augmsntaiion
of foreign ahipa for war, prohibited, iii.
1695.— See Bnlittmtnt— Neutrality.
auita when allowed in, i. 59.
oo penal bonda, i. 62.
Error, IVritsof,
regulationa of, i. 57. 6Q, 61, 260, 873.
forma of, preacribed, i. 260.
JStpotb
inentriea of land, how corrected, iii. 1747,
1948.
Evidence, i. 64, ii. 1214, iii. 1622, 2040.
in coarta of U. Statea.— See iicconirta—
Canrte^^Defoiitiane,
in coarta martial.-— See Army.
proteat, A&c, before conaula, i. 236.
certified jonrnala of Congreaa, v. 3153.
tranacript firom public omcea,*i. 464, iii.
1631. •
■ute acta and recorda, when, i. 93, ii.
947.
• judicial proceedioga, when, i. 93, ii. 947.
m conteated electiona of membera of Con-
gress, i. 485.
JSw^M.— -See Dutiett Internal.
Exeeutione,
when and how issuable, i. 60, 61.
to run into all diatricta of the aame atata,
iii. 2034.
when ca. aatie. i. 68,258.
in Tenneaaee, iii. 1836.
in faYour of U. Statea to run in all dia*
tricia, i. 465. \ ^
how served on aurrender by bail in other
diatricta, i. 684.
appraiaemeota on, i. 312.
£aemliaiia.
in caae of death of marahal, i. 776.
how levied on land, i. 775, 776.
againat gamiaheea, iii. 1690.
a|ma of militia exempt from, i. 253.
Exetuion and AdminittratarM,
revival of auita by and againat, L 65.
entry of goods by, iii. 1886.
Exemf^ifieaiian
of pubUe^ooka, i. 464, iii. 1631.
Esempti ^
from militia duty .-"See MUUia.
Expenditures,
annual statement of, from executive de*
partmenta to be laid before Congreaa,
IV. 2434.
Exports,
annual atatiatieai reporta provided for, iii.
1759.
of goods prohibited, (obaolete) ii. 1229.
Exploring Ea^^ition, v. 2905.
Extortion,
by officera of oourta, i. 260, iii. 2002.
by officers of customs, i. 635, iii. 1856.
by officers of U. Statea, iii. 2002.
False Musters and £«<iinw.— See Arwty, •
entry at cuatom houae, L 631, 653, iii.
1889.
entry for drawback, i. 652, iii. 1721.
entry for fiahing bounty, i. 652, ii. 1359.
regiater.—- iSee Skips.
enrolment. •— See Coasting trade and
Fisheries.
lights, holding out, iii. 2001.
False Oaths
and affirmationa, 1.87, 281, 298, 499, 506,
653, iii. 1618, 1736, 1737, 1779, 1917,
2002.— See Perjury,
documents. — See Forgery.
bank notes, checks.— See Forgery.
coin — See Cain.
certificates of conaula, ii. 885, iv. 2414.
Falsifying Records, i. 86.
JPasttng and Humiliation,
day of, ii. 1280.
Faiigue Duty,
pay of Army on, iii. 1722.
JPeet.— -See Compensation.
of clerka of courta, i. 196, 258, 570, ii.
1423, iii. 1936.— See aerks.
of marahala,!. 198, 258, 569.— Se« Mar-
• shal,
of jurora, i. 198, 259, 5*11, ^^ee Jurprs.
of witnesaea, i. 196, 259, 571.— See fTfC-
of partiea in suits, i. 67.
of officers, how recoverable; i. 260.
of console and vice conaula, i. 237, ii. 885,
iii. 1889.— See Consula.
of cuatom house officers, A&c. i. 664, iii.
1854, and see Compensation.
of district attorneya, i. 68, 198, 569, il.
1423, iii. 1936.
in admiralt]^ auita, i. 309, 385, 414, 570.
in penal suits, i. 571.
when informers to pay. i. 571.
of criera and officera of courts, i. 571.
Ferrymen.-^See Militia.
Fieri Facias,
execution by, i. 68, 256.
Digitized by
Google
saw
DVD^X.
Fine§ and Forfiriiurgt,
remission of, (obsolete acts) i. 93, 257, 391 ,
1i. 1283, 1287, 1298.
remission of, (in force) i. 458, 717, iii.
1812, 1892, iv. 2329.
distribution of, i. 655, iii. 1812, 1892.' Sae
also, ii. 1491, 1517.
how sued for, i. 653, iii. 1812, 1892, iv.
2203.
special bail in suits for, i. 690.
limitations ia soiCa for, i. 90, 655, ii. 941,
1305.
under revenue law, ii. 941.
informers failing in penal suits, when to
pay iees, i. 571.
in penal suits for, who to pay costs, i. 571.
Fitherietj Kegulalum, Lieeme, mndEnrolmeiU
cfnhipiin.
acts obsolete, i. 33, 40, 208.
acts in force, i. 285.
bounty on, acts obsolete, i. 2, 4, 240, 483,
649. 711, ii. 1056.
acts in foree, i. 649, ii. 1350, iii. 1535,
1592, 1623, 1668, 1742.
regulations respecting bounty on, i. 649
—652.
•government and regulation of seaipen in,
acts obsolete, i. §07, 751.
•CIS in force, ii. 1315.
iremedies for seamen in, ii. 1315.
•hips in mackerel fishery to be licensed,
iv. 2146. 3438.
secretary of treasury may authoriie sur-
veyor of any port to license ships in, iv.
2178.
ships in whale fishery, iv. 2256.
FiUi$tg out CruUerifrMH our Portg,
acts obsolete, i. 352, 453, 469, 771, vL
1633.
acts in force, iii. 1694.
Flag of United Staio$,
regulation of, iii. 1667.
Ftagt and Calourg Capiured,
preservation of, iii. 1423.
Florida, Territory of,
temporary government of, iii. 1745, 1817«
OTganisation and government of, iiL 1828,
1902. 1952, 2023. 2069, v. 2693.
law of U. States extended to, iii. 1831.
ordinances of, repealed, iii. 1852^
claims under treaty, provided for, iii. 1914.
•eat of government, land for, iii. 1947.
law respecting wreckers, repealed, iii.
9015.
lands given for seminary of learning, iii.
1909, 2042.
repair of roads in. iii, 2057.
lands claims in. See Lands, Public.
when legislative council to commence its
session, iv. 2109, 2195.
divided into thirteen election districts, iv.
2110. 2261.
judges of S. C. may order extra terms, iv.
2110.
southern judicial district established, iv.
2131.
provisions aa to electors, officers, and
mode of making laws, iv. 2162.
apportionment of representation in legis-
lative council, iv. 2162.
town authorized to be laid oflf, iv. 2167.
occupation of East Florida, v. 2880.
authorised to open canal, ir. 2241.
Florida, TerrHortf of,
line between Alabama and Florida to be
marked, iv. 2246.
sale of public grounds in St. AuguaUne
and Pensacola provided for, iv. 2299.
canal routes autnorixed to be surveyed,
a iv. 2302.
territorial government, iv. 2329, v. 2II93>
town to be laid off at St. Marks, iv. 236U
representation ec^ualized in, iv. 2369.
acts of legislative council annulled, ir.
2406, 2455. 2461. 2462.
special terms of court of appeals, iv. 2432.
Franklin coiflity added to the middle ju-
dicial district, iv. 2423.
terms of S. C. for middle district, ir.
2461.
Florida Peninsular Railroad and Steam-
boat Company, v. 2682.
State of,
admitted into the Union, ▼. 3057, 9061»
3082.
FlotUla Service,
provisions for, (obsolete) ii. 1415, ISQS.
Forage,
allowance for, ii. 1335, iii, 1536, 1671.
Forcibly
putting seamen ashore in foreign porle, iii.
2001.
Foreign Coin,
when and how a tender, and receivable
as currency. — See Coin,
Foraignert
going among Indiana, iii. 1608.
Foreign Miniotert. — See Awika»aador§,
Foreign Attaekment,Saa Gar«uAs6f« liL
1690.
Foreign Intereouree,
provision for ministers, L 99, 282, 489.
correspondence, illegal, with foreiga §^
vemments, i. 558.
consuls to hold foreign ships' papen, ifi.
1626.
of foreign ships in our waters, (obsolete)
i. 505, ii. 976, 1090, 1511, iii. 1795.
with British colonies regulated, iii. 1677a
1800. 1847, 1893.
with St. Domingo' suspended, (obsolete)
ii. 985, 1047.
acts to preserve neutrality. — See JVea-
trality,
with Great Britain and France interdicted,
(obsolete) ii. 1114, 1126, 1127, 1169,
1187.
with British and French armed tkipa,
(obsolete) ii. 1169.
with enemies prohibited, (obsoleta) u*
1273. 1488, 1511.
into what ports foreign armed ships to
enter, (obsolete) iii. 1795.
with China, v. 2985.
commerce, protection of--against depw-
dations of France, (obsolete) i. 505, 508^
516, 518, 522. 557. 752.
•uspended with France (obsolete) i. 506,
516, 518, 522, 557, 753.
against Barbary powers, ii. 941, 1017.
Sffainst piratical depredations, iii. 1798,
ships of war prohibited from new equip-
ment and augmentation of force. — See
Neutralty, iii. 1694.
Fotfoiture. — See Fines and Foifeituru*
on penal bonds, equity in, i. 62. «
Digitized by
Google
INDEX.
8261
Forg$rv and False Utttranee, — See Counter'
f citing.
of public documents and Aecuritiet, i. 86,
iii. 191'7, 2003, 2004, 2005, 2006.
of abips* papers, 280.
of ships* passports and sea-letters, {i.888.
of notes and checks of Bank of U. States,
(obsolete) i. 518, ii. 104a
of new Bank of U. States, iii. 1557.
of certificates of citizenship, i. 1304.
of consular certificates, iii. 1889.
in the District of Coiambia, iv. 2234.
Fortificationit Special.
appropriations for, i. 499, iL 1029, iiL
1644, ▼. 2748.
at Annapolis, i. 337.
France. — See Foreign Intereouree.
deserters from h rench ships apprehended,
iii. 2021.
obsolete acta against depredations of, i.
505, 508. 516, 518, 523, 538, 569. 718,
753.
treaty of 1779, annulled with, i. 522.
commercial intercourse with, interdicted,
' (obsolete) ii. 1114. 1126, 1227, 1170.
president authorized to make arrangement
with, in relation to certain French sea-
men killed or wounded at Toulon, iv.
2378.
commissioners under treaty with, ir.
2311, 2418, 2556.
JFranHftf , Privilegie of,
obsolete acts, i. 217, S33« 913, 551, 796,
ii. 828.
acts in force, iii. 1993, v. 3048.
by ofiicers of treasury, iii. 1632, 199S.
by superintendent of military supplies, ii.
1337.
by commissary general, in. 1672.
by adjutants general of the states, iiL
1997.
by heads of departments, iii. 1993.
by members of Congress, iii. 1993.
by and to president of the senate and
speaker of the house, iii. 1765.
by commissioners of land office, iii. 1993.
of postmaster general and postmasters,
ill. 1993.
by the president of the U. States, in and
out of office, iii. 1993.
of documents to judges of courts of U.
Slates, ii. 1423.
by speaker of the house of representa-
tives, iv. 2156.
by Charles Carroll of Carrollton, iv. 9156.
by Dolly P. Madison, iv. 2498.
by governors of slates certain documents,
iv. 2406.
by solicitor of treasury, iv. 2208.
by secretaries of commissions under trea-
ties, iv. 2312, 2440.
by commissioner of pensions, iv. 2418.
by commissioner of patents, iv. 2504.
by Mrs. Harrison, v. 2850.
Franklin, Benjamin^ staff of, v. 3028.
Fraude
on Bank of U. States, (obsolete) i. 518,
ii. 1048.
on new Bank of U. States, iii. 1557, 1558,
1737.— See Bank of U. States.^For-
gery.
oft government of ITnitefi States, i. 86, iii.
' 1917, 2003, 20O4, 2005.— See Forgery,
Frauduleni entriee
at custom house, i. 631, 652,653, ii. 1351,
iii. 1721, 1889.— See f a/«e— and Dutiott
Colleetion ef.
lights, iii. 2001.
concealment of smuggled goods, i. 633,
iii. 1715. 1926.
register of ships. — Set Shipe.
enrolments. — See Coasting Trade and
Fiekeriee.
Frontiers^
trade on, regulated, i. 660, 661, 662, ii.
874, 912, iii. 1811, 1926.
defence of, iv. 2273, 2348, 2460.
preservation of peace on, iv. 2394.
foreign and coasting trade on the north,
northeastern, and northwestern froii>
tiers regulated, iv. 2255.
Fugitives from Justice,
how arrested and returned, i. 284.
in District of Columbia, iii. 2093.
slaves, arrest and return of, i. 285, iiL
2093.
Funded Z>sk.— See Debt, FuHie.
Furloughs. "^See Army.
Furniture^
duties on, iL 1478, iiL 1545.— See Duties,
Internal.
Galleys
to be built, L 501, 513.
Gaols,
regulations respecting, L 70, iii. 1824.
how hired, iii. 1824.
Garnishees of Corporations,
suable by Untied Slates, iiL 1690.
proceedinfin in such suits, iii. 1690.
Gaugsrs and IVeighers,
appointment and duties of, L 590, 633.
See Duties, Collection of.
Geneva,
regulatioDs of distilleries of, (obsolete) i.
678.
Georgia,
assent of Congress to acts of, L 168, 224,
731, ii. 1194, 1313, 1415, iiL 1606, 1639,
1849.
aettlement with, respecting Mississippi
territory, i. 494.
times of holding circuit court altered, iv.
2159.
fourth article of treaty of U. States with
Creek Indians to be carried into effect,
iv. 2390.
settlement for militia, v. 2882.
Ghent,
commissioners nnder treaty of, appoint*
ment and duties, iii. 1818, iv. 2112.
Gold Coins.— See Coitts.
Good Behaviour,
security demandable for, bv judgea of
United States couru, i. .556.
Government of U. States,
seat of. provided for, L 101, 196.
Great Britain,
intercourse with. — See Foreign Inter '
course.
with colonies of, iii. 1677, 1800, 1847,
1893.
Gun Boats,
building of, iL 1029.
Habeas Corpus,
writ of. when issuable, L 59, iv. 2343, v.
2910. '
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Google
IIfDBX«
Bahmi Cerpms,
incaMof
*^.
Li04.
safe of U. Statas' ho«M at, iii. 2028.
Half Pay
to widows and orpbana.— 8aa Pmamw.
Hamburg Ship»t
duties CO, iii. 9056.-^ea 2)iitMf on T«m*
Harbaunng
absconding teamen, forfeitare for, i. 104.
of felons or thisTea, L 67.
of pirates, i. 85.
Harhaarg and PorU,
profsctton of, (obsolete) ii. 1319.— See
Fareign Inieretune,
Hard Labour,
panishment of, iii. 1993, 2002.
Harriton, Mrt., franliing priTilege, iv. 2850.
Hmlik Laws and Quarantmet
obsolete act, i. 432.
regulations in force, i. 564.
Highwajft,
navigable rivers deemed, i. 425, 450, iL
900.— See Lands, Fublie,
HoneM and Cattle,
importation of, regulated, L 658.**See
VutuM, ColUetwn tf.
killed in war, provided for, i. 490, tv.
2336, 2391, 2529. v. 2641, 2724, 2821,
2887, 2997, 3016, 3195.
Ho9fUal$, Marinef
establishment and regulations of, L 554.
685, ii. 8M, 878, 679.
money of seamen, i. 554, 685.
at New Orleans, ii. 878.
at New Orleans, exchange of, ii. 12S2.
in Massachusetts, ii. 878.
Ho$pitalM, Navjff
establishment of, i. 685, ii. 1186.
money of seamen in Navy, i. 685, v. 3110.
fiostilitieM,
piratical, i. 84, 85, iU. 1738, 1798, 1874,
1981, 2002.
Hulk»
sunk to protect ports, (obsolete) ii. 3319.
Humiliation and Prayor,
day of, ii. 1280.
Hffdrwneter
new, for liquors, authorized, iii. 1976.
Ice,
vessels prevented by, from coming into
port, provided for, 1. 652.
lUinoiM, Territory tf,
lando to settlers in, i. 203.
establishment and government of, ii. 1109,
1250, 1257.
oonrts in, regulated, ii. 1521, iii. 1602.
surveyor of public lands in, appointed,
1637.
Shawneetown in, laid out, ii. 1154,
road in, nuihorized, iii. 1595.
Uli^oie, State o/.
ostablishment of, iii. 1674.
laws of U. States extended to, iii. 1731.
district court, &.c. in, iii. 1731.
seat of government of, land for, iii. 1746,
1812.
admission into the union, iii. 1756.
sale and payment of 3 per cent, of lands,
dbc. iii. 1805.
canal in, grant of land for, iiL 2062.
illwelf , Stede of,
canal authorised throngli pnblie kiids, iiL
1833.
may sell certain lands granted for mk
works, iv. 2140.
t«wn laid off at Galena on Bean River, iv.
' 2163,2463.
no account of 3 per cent, of lands to be
required, iv. 2218.
time of holding district court altered, It.
2219, 2308.
jurisdiction of district court extended, it,
2228.
nonbem boundsry to be marked, iv. 2246.
grant of landa for canals, iv. 2360.
hnpairing Coin, — See Coin.
Importing Faloe Coin, — See Coin,
hooding
custom house officers, i. 633, and see L
298.
mail.— See Foot OJIet, iii. 1987.
Iwiporlt,
annual statistical accounte of, direeted,
iu. 1759.
Importationo.SM Duiiee, CoUoetion ef.
in what foreign and domestic ships allow-
ed, iii. 1622.
imprieonod De6<ors.— See I>s6ler«.
poor, i. 506, 715, iii. 1653, 1932. 1939.
uiprisonment fof debt abolished, v. 2760,
&17.
InahUiif
of jpdgee, I 960, iL 1121, iii. 1821.— See
Courte of U. Stateo.
Indiana, TorrUory ^.
eatabliskment and government of, L 774,
814. iL 938, 1075, 1112, 1134, 1196»
1277.
courts in, regulated, iL 1502, iii. 1603.
division of, u. 957, 1109.
Indiana, State of,
establishment of, iiL 1565.
Isws extended to, iiL 1645.
admitted into the union, iii. 1653.
northern boundary of, fixed, iii. 2064.
payment of 3 per centum of lands to, iiL
1670.
seat of government of, grant of landa for,
ii. 1185, iiL 1741.
school lands in, located, iii. 1852.
canal in, grant for, iii. 2064, v. 2820.
canal authorised through public lands in.
iii. 1955.
road in, provided for, iii. 2062.
authorised to sell school lands, iy.2136.
grant of certain land to, iv. 2209, 2388, v.
3045.
jurisdiction of district court extended, if.
2228.
time of holding district court altered, ir.
2265.
may select other lands for Miehigsn road,
iv. 2378.
Indiano,
trade and intercourse with regulated, L
661
obsolete acts, L 108. 305, 425,.717, 754.
acts in force, ii. 838, 940, iii. 1607, 1644,
1848, V. 2976.
agents and factors, compensation of, iiL
1707, 1739, 1849.
privileges of trade by treaty secured to, L
660,661. •
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Google
DIOBX*
Indians,
expenseB of viaiting seat of gOTemmeot,
provided for, i. 794.
punishment of ofTenGot within Indian
boundsriee, ii. 842, 843, iii. 1644, v. 3024.
exchange of lands with, east of Mieai*-
sippi, ii. 939, iv. 2204.
civilization of, provided for, iii. 1741.
eetablishment and regulation of trading-
houses with (obsolete), i. 414, ii. 868,
887, 1029, 1124," 1188, iii. 1524, 1627,
1673, 1739, 1761, 1819.
trading-houses abolished, iii. 1845.
aoperintendent of Indian afiairs, appoint-
ment of, iii. 1849.
fines imposed on selling spirita to natiTsa
of the northwest eoast, iv. 2118.
removal, west of the Mifl0is8ippi,nr.29O4
sub-agent to be appointed for the Winne-
bago tribe, iv. 2230.
provision for their vaccination, iv. 2264.
commissioner for Indian afiairs. iv. 2305.
. treaty with Creeks earried into effect, iv.
2390, V. 2685.
three commissioners to treat with, it*
2327.
trade and intercourse with —
certain U. S. territory to be daamed
Indian country, iv. 2394.
traders to be licensed, iv. 2394.
when license to be refused, iv. 2394.
when licenses may be revoked, ir,
2394, 2395;
forfeiture of goods and fine for tradiaf
, without a license, iv. 2395.
who may be licensed, iv. 2395.
foreigners must obtain paasporta, iv.
2395.
no person to bant or trap, iv. 2395.
no cattle to be driven on Indian lands,
iv.2395i.
intruders to be removed, iv. 2395.
purchases from Indians invalid, iv. 2396.
no treating with, iv. 23%.
destruction of Indian property, iv. 2397.
Indians accused how proceeded with,
iv. 239^.
selling spirituous liquofs, iv. 2398.
setting up distilleries, iv. 2398.
omis proband!, in trials with, iv. 2399.
certain Indian country annexed to
Missouri district for judicial pur-
jposes, iv. 2399.
olienders to be arrested in any state or
territory, iv. 2399.
department of Indian affairs —
superintendents, agents, and sub-
agents, their duties, d&c. iv. 2401, y.
3030.3233.
interpreters, blacksmiths, &c. it.
2403.
payment of annuities, iv. 2404.
merchandise, how to be purchased, iv.
2404.
officers in, not to trade, iv. 2404.
animals and implements for Indiana,
iv. 2405.
rations allowed Indians at military
posts, iv. 2405.
president may make rules, iv. 2405.
commis9ioners under treaty with Choc*
taws, iv. 2543.
sales of Creek reserres, iv. 2544.
IndittMt
Osage Indians, ▼. 2647.
Choctaws, V. 2649, 2890.
Wyandots, v. 2958.
Stockbridge tribe, ▼. 2995, 3128.
Chippewaa, V, 3024.
Indictment
for treaeon, i. 89.
for perjury, i. 87.
* arraignment and pleading to, i. 89, ill.
800ft, iv. 2417.
limitation of, i. 90.
Informer,
liability for eosis, i. 571.
when allowed costs, i. 571.
share of penalty, i. 655.— See Fo9i Qfieg.
majr be a witness, i. 656.
ii|^fictioa,
writ of, when grantable, by judge of ga^
preme court, i. 311, iii. 1791, 1793.
by district judge, ii. 1043, iii. 1791.
to tressury warrant of distress against
public debtors, iiL 1791.
huolvencff,
priority of U. States in cases of, i. 465,
630.
priority in like cases to sureties, i. 631.
acts for the relief of ceruin insolvent debt-
ors, iv. 2236, 2327, 2368, 2536, v. 2792.
See Debtorg,
Inepeetere of Custome,
appointnaent and duties, L 590, 605, 609,
610, 612, 619, 621, 633, 650, ii. 1490,
1516, iii. 1650, 1790.
See Dutiet,,colleetianof
Inepeetion
laws of the states confirmed and to be ob-
served, i. 76, 657.
Insurrectiontt
employment of militia to suppress, i. 234,
389.
of army and navy, i. 354, ii
1062, 1494, iii 1696.— Se^
Army.
Intereet
on bonda and judgments for duties, i. 631.
Inierfering
land claims, iii. 1747, 1948.
Intrueion
into public lands, prohibitiona of, ii. 1065,
iii. 1540, 1647, 1697.
Invalid Pentione.^-See Fensions,
hweniionat Patent for,
obsolete act, i. 80, 300. 363, 752.
acts in force, iv. 2504, v. 2778, 2915.
liat of expired patents to be published
annually, iv. 2300.
application to renew, iv. 2300.
invalid patent may be surrendered and
new one granted, iv. 2301, 2510.
to aliens, iv. 2313.
general regulation of—
commisetoner of pstents, iv. 2504.
olerka in office, iv. 2505, 2550.
officers to make oath, iv. 2505.
seal to be provided, iv. 2505.
patents to be signed by seoretary of
etate and commissioner, iv. 2505.
applications, specifications, &c., it.
2506.
examination and proceedings thereon,
iv. 2507, V. 2778.
interfering appUflatkma, iv. 2508.
Digitized by
Qoo^^
Sayment by appticsnts, jv. 9508. -
eath of applicanU, W. 3509.
aasignment and raoord iheraof, iv. 2509.
vaveat, it. 2509.
invalid patents inay be •■miidered, iv.
2510.
addiiiona to patenta, iv. 3510.
action for Tiolation pf, iv. 2510, 2513.
intetfering paieota, iv. 351 1 . ^
may be extended aeven yean, iv. 2513.
libranr of patent office, iv. 3513.
modela. iv. 2506, 2513.
patenta iaaued, and aaaif&nMnta record-
ed, may be.reeoided anew, iv. 2546.
eertiiied copy of record lo be evidonce,
iv. 2546.
new patenta for thoee loator deatroyad,
iv. 2547.
duplicatea of certain modela to be pro-
cured, iv. 3547.
no addition to be made until duplicate
model deposited, iv. 254a
patent may be iaaued to assignee, iv. 8548.
when specification too broad, patentee
may disclaim, iv. 2548.
patent good lor so much as is inventor's
own, iv. 3549.
agents to be appointed to receive models,
iv. 2549.
inventions to render sale steam boilers,
V. 2681, 2691.
in currency of foreign place. — See JhUiea^
CoUectian ^, i. 820.
IsiMI
territory established, v. 2663, 2783,3783.
boundaries, v. 2677, 2783, 3124.
donation of land, v. 2763, 3150.
Gompenaation of judges, v. 2764, 3883.
improvements in, v. 2777, 2879.
Dubuque claim, v. 2886.
' extra session of legislature, v. 3006.
admitted into the Union, v. 9057, 3081,
3082, 3175.
Jaektcn, Mr,
(the firitish minister) disapproval of his
conduct, ii. 1176.
Jaektan, Gen,
relunding line to, v. 3001.
Judgeft Dittriet and Territorial,
to reside in their districts, it 1383.
not to act aa attomeya, ii. 1383.«— 8e«
Courte.
Jndgee
of the supreme court, the use of the
library of oongreaa granted to, ii. 1279.
— See Courts,
imd^menU
m suits for U. States at the first term
when, i. 464, 631, iii. 1997.
/au£tnary.--See Cemriu
Juritdieli&n
and pesce on the coasts preserved.-— See
' Foreign Iniereonree
over lighthouses, i. 33, iii. 1999.
over forts, arsenals, Slc. i. 88, iii. 1999.
on high seaa, i. 84, iii. 1999.— See CourU.
Jwry,
trial by, i. 57, 58, 59.
exemption from serving on, i. 777.
qualification and choice of, i. 63, 792, v.
2808, 3e24» 3859.
speeialjurv, a. 868.
in criminal cases, L 63, 89.
how summoned, i. 63, ii 863.
ulesmen, i. 64.
Kaekaekiaet
compensation of, t 198, 258, 569,
claims to lands in, i. 203, ii. 827, lOfiTy
1153.
Kentuekw, State of,
establishment and admission into the
union, i. 169.
representatives from, L 169.
district court in, i. 57.
deaf and dumb asylum in, grant of lands
to, iii. 2042.
£^ay«Me, (General)
location of lands for, L 448, 737, it 853,
901, 955, V. 3042.
to Florida, ii. 955.
in Orleana territory, ii. 955, 1083.
* in territory northweat of Ohio. ii. 901.
resolutiona on decease of, iv. 3409.
Lamda, PiMie.
a4ju8tment of pre-emption land clatns»
V. 3123.
«4iustment of claims to, in Louisiana, ii«
939, 966, 1018, 1030, 1059, 1178, 1197,
1216, 1235, 1271. 1300, 1410, 1437,
1429, iii. im. 1604, 1605, 1741, 1748,
1860, 1867, 1879, 1880, 1909, 1968,
1971, 1978. 2016, 2027, iv. 2104, 2137,
2193, 3303, 8379, 3410. 2411, 2419,
2514, V. 3019, 3042, 3168.
in Indiana, i 303, ii. 926, 981, 1033, 106€.
V.3133.
in Vincennes, i. 203, ii. 1066.
in Mississippi, i. 494, 778, il 898, 999,
965. 1087, 1113, 1267. 1405, 1420, 1484,
1520. iii. 1572. 2017, i«. 2137, 2199, ▼.
3019,3056.
settlers on lands in, ii. 1064, 1087.
in Tennessee, ii. 1014, 1667, v. 2819.
in Ohio and Indiana, ii. 926, 981, 1028,
1066.1112.1153,1171,1213,1293,1450,
iii. 1561. 1662, iv. 2ll7, 2325, 2301,
3305, v. 3036.
pre-emption to Ohio, in certain, iiL 1803.
mlllinoia, i. 203, ii. 927, 1066. 1291, 1415,
1504, iii. 1583, 1605, 1782, 1797, 1802,
1812, 1929.
in Peoria village, iii. 1602.
in Michigan, iT 926, 981, 988, 1085, 1057,
1098, 1232, iii. 1645, 1780, 1877, iv.
2105, 2227, V, 2913.
in Missouri, ii. 1257, 1306, 1384, 1410, iu.
1604. 1741, 1841, 1959, 1972, iv. 2135,
3220, 2250, 2305, 2359, 2515, v. 3973,
3019.
in Arkansas, iii. 1771, 1950. 1959, iv.
2135, 2158, 3177, 2193, 2210, 2219,
2338. 3379, v. 2883, 3019.
in Alabama, iii. 2017, iv. 2168, v. 3019.
in Mobile, ii. 1086. iii. 1860.
in Bast Florida, iii. 1907, 1935, 2008, 2017,
2043, iv. 2124, 2198, 2260.
in West Florida, iii. 1860, 1869, 1935,
2008. 2017. 2019. 2043. iv. 2124. 2260.
donation lands in Florida, to aetilera. iii
1955.
of Nova Scotia refugees, i. 493, 811, ii.
903, 990, 1131, 1334, lit 1601.
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jmnm
Lands, PMie, ^jurvey amd SmU rfi
in territory northwest of Ohio, i. 421, 448,
680, 685, 727, 783, fi. 890, 926, 929,
1011, iii. 1595.
lend offieet in, i. 421, ir. 2349.
in Wieconsin, v. 2671, 3205.
in Indiant, i. 203, ii. 926, 1011, 1066,
1153, 1185, iii. 1594, 1661, 1743, 1862,
iv. 2360, T. 2914.
donation lands in, ii. 1153.
land offices in,ii. 927, 1067, iii. 1143,
1862, 1928. iT. 2108, 2349, t. 3147.
m Illinois, i. 203, ii. 1067, 1186. iv. 2360,
V. 2859, 2871, 2914, 2971.
land offices in, ii. 927, 1186, 1215.
iii. 1600, 1779, 1861, 1937, ▼. 2985.
in Ohio, ii, 1076, 1186. 1495, iii. 1585,
1595, 1601, 1743, 1785, 1965, 2065, iv.
2164, V. 2691, 3039.
land offices in, i. 421, 783, ii. 1495,
iii. 1743, 1928, iv. 2414.
in Mississippi, ii. 1087, 1.113, 1186, 1511,
1512, iii.1637, 1846, iv. 2349,v. 2869,3040.
land offices in, H 1059, 1186, 1512. iii.
1846, 2047. iv. 2267, 2452, v. 2806.
in Tennessee, ii. 1185. v. 2971, 3141.
in Florida, iii. 1869, 1907. v. 3014.
land offices in, iii. 1908. v. 2944.
in territory south of Tennessee, it 893,
952, 965, 1027, 1059, 1073, 1080, 1512,
iii. 1867, iv. 2359.
in Louisiana, ii, 967, ft)21, 1197, 1271, v.
2971, 2999.
land offices in, ii. 967, 1197, 1198,
1203, V. 2723.
in Arkansas, iii. 1771, v. 2859, 2971, 3037.
land offices in, iii. 1771, 1813, 2016,
iv. 2297, 2375, v. 2723.
in Missouri, iii, 1659, v. 2859, 2910.
land offices in, iii. 1659, 1928, 1958,
2020, iv. 2267.
in Alabama, iii. 1711, 1846, !N)65, v. 2858.
land offices in, iii. 1779, 1846, iv.
2308, 2349, v. 2812, 3040.
in Michigan, ii. 927, iii. 1785, iv. 2373,
V. 2913, 2985.
land offices in, ii. 927. iii 1785, 1923,
2027, iv. 2334, v. 3191.
in Iowa, v. 3155.
general regulations as to sales, i. 549, ii.
1086, 1131, 1186, 1210, 1618, iii. 1775,
iv. 2188,2262,2379, 2463.
public stock in pavment of, i. 459.
sales tabe for cash, &c. iii. 1775.
how diiposed on foKeitnre for non-pay-
ment, iii. 1775.
nserves in Ohio, sales of, ii. 1076.
leases of, when allowable, i. 789.
survey of, general regulations, i. 421, 783,
ii. 872, 926, 960, 986, 1011, iii. 1949.
of rivers and lakes, iii. 1949.
in Louisiana, ii. 986, 1020.
in Alabama, iii. 1934. *
in Mississippi, surveyor appointed, iiL
1637.
in Alabama, surveyor appointed, iii.
1711,1934.
in Illinois and Missouri, surreyor
appointed, iii. 1600, 1664.
•iTors in entries, correction of, iii. 1747,
1948, V. 2905.
MToneously sold, repayment for, iii. 1976.
pre-emptions for sonts of justice, iii. 1957.
Landtt PuUk^ 5ttr«sy«fMl Sets «f,
pre-emption rights to settlers, v. 2679,
2793, 2843, 3097,
pre-empt ions to set tiers, in Alabama. Mis-
sissippi and Florida, ii. 1087, iii. 2017.
intruders and settlers on. provision for,
it 1064, 1087, iii. 1540, 1647, 1697,
2017, iv. 2212, 2230,2260, 2231,2361,
2370. ,
further appropriaiion of, for schools, ie,
iii. 2032. V. 3013.
land office, general, establishment nnd
regulation of, ii. 1233. iii. 1938.-
compensaiion of commissioner of, ii. 1238.
compensation of surveyers, receivers and
regisiers of land offices, i. 425, 788,
789, ii. 927, 933, iii. 1710.
reservations of naval timber on, iii. 1619.
relief of purchasers, and extension of
times of psyment for, iL 1120. 1154,
1203, 1210, 1234. 1276, 1305, 1395,
1496, iii. 1577. 1678, 1737. 1772, 1807,
1839, 1926, 1941, 2021, iv. 2128, 2307.
relief of purchasers by surrender of, iii.
1807, 1839, 1926, 1941, 9021.
military warrants and claims, regulations
and location of revolutionary, i. 421,
448, 680, 718, 727, ii. 853, 900, 921,
923, 971. 1011, 1063, 1135, 1317, iiL
1560,1661, 1812. 1921,2012, 2046, iv.
2162. 2216, 2314, 2362, 2410, v. 3000.
Virginia military warrants, regulations
and locations of, i. 162, 364, 790, iL
853, 1049, 1056, 1152, 1266, 1431, 1501,
iii. 1669, 1806. 2036. iv. 2190, 2214,
2314, 2362, v. 2691, 2762, 2838, 3112.
loss of military land warrants provided
for, iii. 1595.
militarv bounty lands (in late war,)
regulation and location of, ii. 1205,
1208, 1243, iii. 1563, 1595, 1606, ]648»
1664, 1721, 1969, 2037, iv. 2410, v«
2792, 2873, 3000.
balances of pasrmenta due U. S. may b«
met by relinquishments of parts, ilL
1941,1969, 2021, iv. 3105.
lands for forts, &o. not wanted, may b%
sold, iv. 2109.
where lands have reverted for non-pny«
ment of purchase money, register to
five certineate of former possession, iv.
127, 2307.
micb certificate to he received in fntore
payments, iv. 2198, 2307, v. 3029.
errors in patents, eorreotion of, iv. 2138*
V.282L
lands reverted to U. S. may he i
in certain cases, iv. 2187.
agreements or acts to prevent
prohibited, iv. 2188.
premium on price made illegal, iv. 2188.
mterrupfion of surveyor of public lands
made a misdemeanor, iv. 2209.
president may order the marshal o^it
disrricf to accompany surveyoiffth
sufficient force, iv. 2^09, ^
pre-emption granted to certain settlers,
iv. 2212, 2230, 2260, 2331, 2361, 2370.
all public lands offiired at private sale
may be purchased in fraeuona of sec-
tions, iv. 2262.
secretary to l>e appointed by president to
sign all patents, iv, 2361, 2499.
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INDEX.
Lanit, PMie, Survmf mJ Sola if,
•ales to be advertised not lete than three
nor more than aiz montbt, iv. 2379.
eflH»et given to patents iaened in the name
of deceased persons, iv. 2496.
sales confirmed in certain esses, iv. 2463.
disposition of procf eds of, ceded by In-
dians, iv. 2^21.
, depoeits of money in land office, v. 2786.
rsorganixation of general land office-—
executive duties of, under supsrvision
of commissioner, iv. 2498.
clerks in, iv. 2498.
recorder, solicitor, ibc, iv. 2499, v. 3010.
certified copies of records, iv. 2499.
registers to make monthly rstarns, iv.
2499.
to be open daring oertsin hours, iv. 2500.
penalty on register for false information,
iv. 2900.
officers prohibited from purchasing pub-
lic lands, iv. 2501.
administration of oaths, v. 2796.
surveyor generals, v. 2796, 3152.
distribution of proceeds of, v. 2843, 3091.
pre-emption laws, frauds under, v. 2930.
ezemplificstions of records in, v. 2969.
salt sorlnff lands, v. 3207.
town lands, v. 3006.
mineral lands, v. 3109, 3191.
tszes on, v. 3175.
Landt
taken on execution, how appraised, i. 775.
sales bjr collectors confirmed, i. 776.
deeds given in ease of death or removal
of marshal, i. 776.
fdmtlmg Qood§
after drawbacks.— See 2>raw6adk.
from ships in distress, i. 625.
lamd 0fice.—S%9 iMndt, PtMk.
iii. 2001,2003,1V. 2234.
Ijamtoftke States^
rales of decision, i. 67.
inspections confirmed , i . 76, 657.
how authenticated, i. 93, ii. 947.
X«iDj ^ Unit«i StatM,
promulgation and publi<vition of, i. 409,
452, 6S0, ii. 1433, iii. 1685, 1785, v.
2904, 3089, 3149.
distribution of, i. 467, ii. 952, 956, 1419,
iii. 1685, iv.2111.v. 3148.
prolongation of temporary laws, i. 476, v.
2641.
sabscription to new edition, ii. 1419.
recording of, v. 2737.
Lnkag€f
custom house allowanee for, i. 625.
Lmutf,
of public lands when allowable, i. 789.
Letters of Marque imd lUprital,
regulations of, j^bsolete) ii. 1260, 1285.
Idiierg and LetUr Airrien .— See P9§t Office,
£A||b, and Sedlion,
^Ibnishment of, (obsolete) i. 543.
on seizures, regulations of, i. 653, ii. 1320.
consolidation of, ii. 1390.
Library of Congreee,
establishment and regulation of, ii. 826,
1175, iii. 1560, 1677, v. 2815, 2824, 2998.
nse granted to judges of supreme court,
ii. re79.
to attorney general, iiL 1560.
ZArsry of C&ngreee,
improvement of law department in, tv.
2315.
Liem
on lands of public debtors, iii. 1792.
of mechanics in District of Columbia, iv.
2356.
Lireneee
of enemy, use of, prohibited, (obsolete}
ii. 1382, 1511.
to trade with Indians.— See Indiane^
Light Money, ii. 949, 976.— See J>»tie9 &n,
Tonnage,
Light Houtee and Light Shipe,
cession of jurisotction over, requtred« u
32, 107. 232, 316, 364, 391, 392, iiL
1797, 1999, 3000, and see the acta e».
tablishing li^ht houses, passim,
crimes respecting, iii. 1999, 2000.
establishment and aupport of, i. 32, 107,
232, 316, 364, 391, 392, v. 2724. 3199.
keepers of, compensation, iii. 1758, 1925.
1970.
state process served in, i. 392.
no li^ht house to be built before cessioii
of jurisdiction, i. 32» iii. 1797.
Specification of—
aker'a Island, i. 414, ui. 1796, 1925.
Bald head, i. 227.
Bass Island, v. 2728.
Bayou St. Jol|p, iii. 1174.
Beach point, n. 1174.
Bear Island, v. 2725.
Billingsgste island, iii. 1858.
Bird island, iii. 1593, 1754.
Bois Blanc, iv. 2123.
Boan Island, ii. 1195.
Bodkin (The) iii. 1754.
Brandywine shoals, iii. 2028.
Buffalo creek, iii. 2058.
Burlington harbour, iii. 2012.
Cape Henlopen, iii. 1969.
Cape Hatteras, i. 328, iii. 1929.
Cape May, iii. 1858.
Cape Cod. i. 421.
Cape Lookout, ii. 944.
Cape Romaine, iii. 1925, 2029.
Cape Florida, iii. 1858.
Cape Gratiot, iii. 1925.
Cape Elizabeth, iii. 2060.
Cat Island (Gulf of Mexico) iii. 2060.
Carvsfort reef, iii. 1969.
Ceaar island, v. 2726.
Chesapeake bay, i.j^. #.
Chatham harbour, ii^034.
Chef Menteur. iii. 2030.
Choctaw Point, iv. 2122.
Clarke's point, i. 773, ii. 921.
Clay Island, iv. 2122.
Cove point, iii. 2028.
Concord point, iii. 2029.
Cranev Island, iii. 1754, 1797.
Crosslsland, iii. 1822, 1858.
Cumberland island, iii. 1755.
Cutter Hunk island, iii. 1858.
Dauphin island, v. 2728.
Defer point, iii. 2013.
Delaware bar, iii. 1925.
Detroit and (jrand rivers, iii. 1754.
Dice's head, iv. 2122.
Drowned Lands, iv. 2122.
Dry Tortugas. iii. 1858, 1970.
Dumpling Rock, tv. 2122.
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pVDBX.
JJ^t HvM and Light Sh^.
Duck Creek, It. 21^.
Dunkirk, iii. 20*28.
Dutch loland, iii. 2013.
£«toa*8 neck, L 488.'
Edgartown Harbour, iv. 2123.
Eeoptts MeadowB, t. 2726.
Fairweaiher island, ii. 1039, y. 3796.
Faulkner's Island, i. 823.
Fire island inlet, iii. 2013.
Fislier*s island, ▼. 2726.
Five Fathom Bank, ▼. 2727.
Five mile point, ii. 921.
Flats, iv. 2123.
Fleteber's neck, ii. 989.
Fort Tompkins, iii. 2028.
Fort St. Philip, iii. 2030.
Franklin Island, ii. 1034.
Galleo Island, iii. 1754.
Gay's head, i. 555.
Georgetown (S. C.) i. 384.
Gennessee river, iii. 1796, iv. 8123.
Goat Island, iii. 1925.
Grand and Detroit rivers, iii. 1754.
Grand river, iii. 1969.
Great Sodus b«y. iii. 1969.
Garnet point, ii. 848.
Holme's hole, iii. 1624.
\ Hooper's straits, iii. 2029.
Isle of shoals, iii. 1796.
Lake Erie, fi. 1175.
Little Watts' island, iv. 312S.
Long island sound, ii. 849, v. 2853,
liong island head, iii. 1754.
Lons point, iii. 2028.
Lynd point, ii. 848, v. 2726.
Mantinicus rock, iii. 2028.
Marsh point, iv. 2122.
Martlurs vineyard, i. 296.
Mayo Beach, v. 2725.
Mississippi, mouth of, ii. 944, iii. 1796.
Mobile bay, iii. 1796.
Montauk point, i. 232.
Monhegan island, iii. 1856.
Monamoy point, iii. 1925.
Moose peak islands, iii. 2013.
Nantucket, iii. 2013, v. 2725.
Natchez, in. 2029, 2058.
Nashann island, il. 1039.
Nayat point, iv. 2122.
Neversmk, iii. 2028.
Neuse river, iii. 2058.
New London, i. 773.
Newp«t, iii. 2058.
New point Comfort, i. 823.
New castle island, ii. 848.
"Nobsque point, iv. 2122.
North point, iii. 1754, 1796.
-Norwalk harbour, iii. 2028.
' Ocracocke, iii. 1858.
w,;* '^ Old Field point, iii. 1858.
^^ Old point Comfort, i. 493.
Oswego river, iii. 1822. ^
Otter Creek point, iv. 2138.
Owl's head, iii. 1969.
Pamplico point, iv. 2133.
Pamptico sound, iii. 1969.
Femaqnid point, iii. 2028.
Petit Coquelles, iii. 2030.
Petit Manon, iii. 1594,
Pensacola, iii. 1925.
Fenobscot bay, ii. 893.
Plum ishnd (sound) iiL 3038, T. 3726.
Light Eou9e$ and Lighi Sh^.
Point Judith, ii. 1075.
Point Gammon, iii. 1594.
Point Lookout, iii. 2013, iv. 2133.
Point Defer, iii. 2013.
Pond Islsnd, at 1833.
Poole's island, iii. 1969, iv. 2133. '
Portland, i. 498, iv. 3132.
Potomac narrow^ iii. 1858, v. 8737.
Presque island; iii. 1593.
Princess bay, iii. 3038.
Race point, iii. 1594.
Roanoke island, iii. 3013.
Roanoke marshes, iv. 3133.
Royal shoal, iii. 2029.
Saddleback ledge, v. 3725.
Sambo keys, iii. 1969.
Sands point, it 984.
Sandv neck, iii. 2028.
Sapelo island, ii. 1083.
Scituate harbour, ii. 1174.
Seguin isknd, i. 334.
Shell ci^tle island, >i. 338, iii. 1796.
Smith's island, iii. 8089.
Smith's point, i. 823, iii. 939, iv. 2123.
Smith's point shoals, iii. 1796.
Sparrow point, iii. 1754, 1796.
St. John's, iv. 2123.
St. Mark's, iv. 2124.
8t. Mary's, i. 339.
St. Simon's island, ii. 920.
Stonington point, iii. 1858.
Stony point, iii. 3013.
Stratford point, iiL 1832.
'Ten pound island, iii. 1796.
Thomas's point, iii. 1969.
Throg's neck, iii. 1822.
Tibirs point, iii. 3038.
Tuckanuck shoal, iii. 2028.
Turtle Island, v. 3728.
Verplank's point, iii. 1969, 2013.
Wade's point, v. 3737.
Watch hill point, ii. 964.
Warwick neck, iii. 2013.
Wade noint shoal, iii. 3013.
West Quoddy head, ii. 1034. iii. 1796.
Whale's back, iii. 2058, iv. 3134, v. 3735.
W iff warn point, i. 773.
Winoughby> spit, iii. 1754.
Windmill point, iii. 1754.
Wood island, ii. 989, v. 3735.
Wolfs island, iii. 1755.
Wolf trap shoals, iii 1754.
ZtflittottMi,
of prosecutions before oourts martial, iL
1003.
of suits on copyright laws, i. 96, ii. 867,
866.
of suits on marahals' bonds, ii. 1006.
of suits for fines, forfeitures, and penal-
tiea, i.90,655, ii.941,1305.
of indictments for crimes, i. 90, 496.
of suits under slave tratfe acts, iii. 1700.
•f terms of office of certain officeM» iiL
1790. WSf
List
of clerks of custom house, iii. 1656.— See
Dutiet, ColleetioH cf.
by Bank of U. Statea limited, iii. 1625.
Loan OficB Certiicateg,
time for settlement extended, iii. 1657."-*
See Debt, PMie.
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Dn>Bx:
Ihk^FtMie.
Louisiana, and stock ersatod and rseu-
lated, ii. 908, 1271.
lauisiana TVrnfory,
estabiishmsm and government of, ii. 907,
938,972.
laws extended to, ii 910.
importaiions into, ii. 910.
division into two territories, ii. 983.
loan, ii. 908, 1371.
Zeiit»f«flwi, Stai« vf.
establishment of, ii. 1190, 1183.
admission into the Union, ii. 1384.
district court in, ii. 1385, iii. 1980.
practice in district courts regulated, iii.
1971.
seminary of learning, land for, in, iii.
2072.
mode of selecting jurors in U. 8. Courts,
iv. 2197.
jurisdiciion/>f D. C. for E. and W. dis-
tricts extended, iv. 2228.
interpreter provided for D. C. of B. dis-
trict, iv. 2356.
time of holding D. C. of W. district al-
tered, iv. 2866. 2408.
inhabitants suthorised to enter back
lands, iv. 2273.
reservation of land for live oak, in, v.
2976.
duties on ships and goods of, iii. 1993,
3058.^See Dutiet, JHseriminMing.
MuekiniMt tm Patent OJbe.— See Patmtt, i.
300.
Mackerel FuAsry.— See Navigatitm.
Madieon,
priming of Msdiaon papers, v. 3747.
privilege of franking extended to Dolly
P., relict of James Madison, iv. 8498.
relief of, v. 3642.
Magazinee and ilnnertct.-— See Artemtde,
establishment and regulation of, t. 321,
500,776.
setting fire. to, punished, iii. 1999.
Mat2.— See Poit Ojfite, and iii. 1965.
robbery of, iii. 1992.
offences against, iii. 1985, 1991-*1999.
express msil, v. 2645.
on railroads, v. 2752.
Maime and Maiming^
punishment, i. 85.
iJUuM, State of,
sdmission into the Union, iii. 1761.
circuits courts established in, iii. 1771.
represenratives of, iii. 1771.
time of holding district court altered, iv.
2219.
repairs of Mars Hill military road in, iv.
2387.
settlement wh, v. 8868.
Jtfglkiottt Injuriet and Mhekirfe,
9 buildings, iii. 1999, 2000.
to persons, i. 85.
to personal property, iii. 9D00,
to cordage, buoys, dbc. of ships, iii.
2001.
Mandamue^ Writ of.
when and by what courts issuable^ i. 59.
Mandate for Egeentien,
when from appellate court, i. 61.
il«tti^«<.— See Dutiei, CoaeeHan e/.
Manelaugkter, Ofeneeof
in forts, &c. i. 84.
on high seas, &c. i. 89.
ATajw.— See Copy Aigtdf and i. 94, Si. 866.
Marine Corps,
establishment and regulation of, i. 548,
686, 734, ii. 1134, I414.--See Amy—
Navf,
peace establisfament of, iii. 1639.
Marimere. — See Seamen, and i. 108, ii. 971,
1303.
Marekal,
appointment of, generalljr, i. 63.
in District of Columbia, iii. 8090.
in new distriets, ii. 859, 860, 883, 1919,
iii. 1645, 1665, 1709, 1718, 1731, 1774,
1828.
term of oiBce, i. 62.
compensation and fees.*- See Caatpen$a*
tion, and i. 258,. 309, 569, 684.
powera and duties, i. 68. 859, 366, 571,
683, 684, ii. 858. 859, iii. 1563.
to attend courts, i. 62, 366.
to execute precepts, i. 62.
to command assistance, i. 62.
to appomt deputiea, i. 62.
to give bonds, i. 62.
to take oath, i. 68.
service of writs, when marshal interested,
i. 63.
service of writs in case of death of, i. 63.
deputies to continue after death, or re-
moval from office, i. 63.
his sureties liable for misfeasance of dtt-
puiies, in such cases, i. 63
remedy of representatives of marshal for
delault of deputies, i. 63.
precepts in his hand, at the expiration of
office may be served, i. 63.
to deliver over prisoners to his successor,
i. 63.
to have the same power as sheriffs, i. 391.
to have custody of vessels and goods
seised, i. 259. But see act of 1799, ch.
128,$ 69, i. 632.
to pay expenses of courts, i. 259.
and maintenance of prisoners, i. 259.
his accounts, how settled and paid,i. 259.
to summon appraisers on executions, ia
certain cases, i. 312.
deputies, when sworn by a state judge, L
570.
duties on surrenders of bail in other dis-
tricts, i. 663.
to sell lands set off* on execution to U.
States provided for, i. 775.
to eell gwids and vessels condemned, L
655.
sale of land" on execution to be perfeAed
by his successor, in case of death or
removal, i. 776.
to return special juries, in certain cases,
ii. 862.
to collect fines against delinquent militia,
i. 391.
to adjourn oourta in certain cases, i. 55, ii.
941.
to remove settlers on public lands, ii.
106*.
to serve treasury distress warrants against
delinquent debtors, iii. 1791.
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INDSS.
to settle aceoaots of prise poeeede for
navy pension fund, iii. 15^, 1565.
bonds of, suits on, regulated, ii. 1006.
copy of evidence, ii. 1006.
judgment on, security for future breaohM,
ii. 1006.
limitation of suits on, ii. 1006.
Maryland f
sets of, assented to, i. 168, 224, 964, 391,
419, 421, 491. 731, 813« ii. 962, 1091,
1415. iii. 1839, iv. 2103, 2330.
time of bolding C. C. altered, it. 2177.
MoMsadkuseitM,
acts of, assented to, i. 491.
vepresentativea of, in the 17th Congrosa,
iii. 1772.
Meaturtrn,
appointment and duties, i. 590, &o.^9ee
Duiin, CoUfetian of.
Medical Department
of the army and navy, i. 678, ii. 890, iii.
1779, 1810, iv. 2146, 2159.
See Army and Navy ,
Meditermmean Fund,
provisions for, ii. 941. — See Barhary
Potoerg — Mediterranean Fa»9portt i.
448. ii. 888.
Medicine Che$t» of Mertkant Skipe,
regulations of, i. 106, ii. 971.
MdvUle'e {David)
patent purchased, iii. 1860.
Merekandi»e
not to be carried in pnbtic ships, i. 764.
See Navy.
Merduint Armed Shipe^
regulated, ii. 980. iii. 1738.
Metier and Refiner. — See Mint.
Mettenfer of Electoral Votett
duties of, i. 220.
Mexieoy
relatione with, v. 2684, 2794, 2842, 3097,
3198.
Michigan^ Territory of.
establishment ana government of, ii. 957,
iii. 1T19, 1874, 1914, 1977. 2042.
act of legislature of, disapproved, ii. 1063.
additional jud^ in, iii. 1874.
roads opened in, iii. 2060.
leffislative council to take charge of school
lands, iv. 2147.
act relative to the plan of Detroit, iv.
2205.
alteration of election districts, iv. 2358.
territory west of the Mississippi and north
of Missouri annexed to Michigan, iv.
2378.
extra session of legislative council, iv.
2391.
State of—
received into the Union, iv. 2442, 2454,
2535.
provision for the due execution of laws of
I). S. within, iv. 2457.
^ boundaries, v. 2672.
Mileage
olmembers of congress, i. 483, iii. 1657.
—And see Compensatum,
Military Academy,
at West Point, ii. 835, v. 2694, 2812.^
See Army — Engineerg.
Military B&untv lands, regulation qf.-— See
Lande, Bublic,
Military Land Warrants, rai _^
See LmndM, FMit^VirgSua land f^ar-
rante.
loas of, provided for, iii. 1594.
Military Sites
to be sold, iii. 1742.
Military Expeditions and Enlisttnents, prohi-
bited, iii. 1694.— ^e NmUrality.
Militia,
establishaseat of a oBifonn systea for
government of, i. 252, ii. 888, 1005,
1424, iii. 1573, 1786, 1811.
•NM and equipmettte provided lor, L 531,
ii. 1093, iii. 1597.
to be called ibrth tm mpprBss inraneo*
tions, dbc^
obsolete act, i.244.
aota in tone, to regttlato, L 380, iL
1424. iii. 1690.
pav of, when in public serrioe, L 374,
pay, when on march to imndexToas, iii.
1690. *
obsolete acts for oocasional detachments
of, i. 337, 373, 471, ii. 902, 1016, 1065,
1277.— See Volunteers.
pay in Seminole war, (obsolete) iiL 1706.
Militia Fines in Pennsylvania ,•
qpvnied 10 state, iii.J,544.
Minuters, Foreign,
suits by, and against, i. 59.
writs against, illegal, i. 88.
assaults, &c. on, pnniahed, i. 89.— See
Ambassador.
MiniMtsrsn ^SMnesn,
salaries and compensation, i. 789* ii. 1171.
Minors,
naturalisation of, iL 852.— See Naturali"
%ation.
itftnC— See Coins.
estabiishment and regulation of, i. 207,
227, 282, 406, 432, 770, 816, iu. 1657,
1920,
silver refined at, iii. 1920.
continuance prolonged at Philadelphia, i.
795, 816, ii. 903, 1088, 1282, iii. 1657,
1920.
crimes respecting the mint, i. 232, iii.
2(i06.
act of 3d March, 1801, revived, iv. 3120.
standard Troy pound, iv. 2120.
director to procure a sories of weights
corresponding to the troy pound, iv.
2120.
expense of the test of silver bullion to h%
deducted, iv. 2120.
gold and silver to be separated at the
expense of the party, iv. 2121.
director may cause to be assayed bullion
not intended for coinage, iv. 2121.
site of old mint to be sold, iv. 2216.
value of certain foreign silver coins, iv.
2373.
regulation of the gold coinage, iv. 23||^
value of certain foreign gtld coinsRKr.
2377.
branches to^ie established, iv. 2415, 2534,
V. 2972. 3002.
^ duties of the several officers, iv. 2522.
Misdemeanours t
see particular heads.
in judges of electors of bank of U. S. di*
rectors, iii. 1736.
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of nemben of cwgnm m publie oon-
tracts, ii. 1091.
of meMODffor of eleotonl votes for prest*
dent ftud ▼ioe-president, i. S90.
3fttpnnMi
of treaeon, i. 83. '
of felony, i. 64.
Jlftf«if«tpBt, Tdrriim^.
ootablishniem «nd goreniiiiont of, i. 494,
773, ii. 950.954, 1073, 1138, 1348, 1431.
additional jndget in, ii. 950, 1133.
diriakm of, oooaent aakod of Oeorffia, iu
1280.
mrvevor in, appointed, iii 1637.
aehool landa in, provisiona for, ii. 1450.
State of,
•ttabluhnoiit of, iii. 16S0, t. S973.
laws extended to, iii. 1644.
admiaeioo into nnionr iii. 1716.
land for leat of {[OTemment in, iii. 1720.
land for college in, iii. 1721.
time of holding district ooort, !▼. 8193.
no aooottnt of 3 per i^nt. of lands granted
her, required, iv, 2219.
itf if tMtmjpt, tStaie «ft
jurisdiction of cTisCfict coart eztendod. It.
place of holding district court, iv, 3414.
compact between states of Alabama and
Mississippi, tv. 2502.
JditMUtippi Stock.
loss oT, provided for, iii. 1718.
2dii9i$$ipin Bwett
boatmen on, deemed seamen, entitled to
relief, ii. 879.
Misiourif Territory off
establishment and government of, ii. 1252.
iii. 1603, 1627.
additional judge in, ii. 1894.
surveyor of l«ids in, appointed, iii. 1637.
State of,
establishment of, iii. 1762.
admission into Union, iii. 1823.
laws extended to, iii. 1827.
school isnds in, iii. 1921, 2041.
no account of 3 per cent, of lands granted
her to be required, iv. 2219.
jurisdiction of D. C. extended, iv. 2228.
west boundary extended to the Miasoori
river, iv. 2439.
northern bonndarv, v. 3090.
Mistakee in emiriee rf lamd
provided for, iii. 1747, 1948. *
m sales of land as public, provided for,
iii. 1976.
MsMIe, Cily of,
pre-emption, ^ant of, to, iii. 2071.
Money Depoeited m Court,
regulations of, ii. 1417, iii. 1643.
Money, Public,
to be deposited in banks, ii. 1123.
diabursemsAit regulated, iii. 1876.
imcntf .-- 6ee Buoyt. >
vian Landi,
sale of, authorized, iii. 2065.
Morgan, Gen,, ,
gold medal in hononr of, to be renewed,
iv. 2460.
Murder, Crime of, n^
in forts, See. i. 83.
on hi^h seas, dte. i. 64, iiL 2000.
misprision of, i. 84.
by and to Indians, ii. 838, 840, 843.
MuU,
standmg, i. 89, Hi. 2002.
MutaaHon.See Maime, i. 86.
Mutiny. '^Soo Army and IVaejr— J7«il«s and
Artideeqf War.
Namm
of public ahipa, iii. 1757.
of ahipa painted on stem, L 269.
of coasters, i. 290.
Nantucket,
special permission to inhabitant! of, ii.
1393.
JSaiional Ds((.— See DAt, Publie.
Natchez,
grant to town of, U. 1087.
Nrnturalitation, Regulatione of,
obsolete acts, i. 76, 360, 510.
acts in force, ii. 850, 942, 1304, 1354, iii.
1539, 1973.
eertain acta iA relation to, repealed, iv.
2145.
•lien resident before 16 June, 1812, may
be admitted a dtisen without declara-
tion, iv. 2145.
Naval o/icer rf cuotoma,
appointment and dntiea, i. 590, 632, iiL
1790.— Sec Dutiet, Collection of.
Navigable river $ deemed highvoaye. Sea
. Lands, Public, and i. 425, 450, ii. 900,
&c.
Navigation,
seamen employed on boai-d of public or
private ships of U. States, to be natiTea
or citizens, ii. 1302.
lists of crew on board to be spproved by
collector, ii. 1303.
seamen, foreign, not to be taken as pm«
sengeiB in foreign ports without per*
mission, ii. 1303.
foreign consuls may object to employ*
ment of foreign seamen, ii. 1303.
forfeiture for illegal employment of sea-
men in public ships, ii. 1303.
in private ships, ii. 1304.
exceptions to prohibition, ii. 1304.
limitation of suits for forfeitures, ii. 1305.
crews of fishing vessels not entitled to
bountjr, unless 3-4ths citizens, iii. 1623.
im|)ortations prohibited, except in Ame-
rican shipa, or ships of country of pro-
duction, iii. 1622, 1623.
carrying and coasting trade prohibited to
foreign ships, iii. 1623.
fifijr cents tonnsge duty on ships not ns-
vigated by a crew 3-4ths citizens, in
coasting trade, iii. 1623.
2-3ds in foreign trade, iii. 162^.
with British coloniea, regulationa of, iii.
1677, 1800, 1847, 1893.— See foreign
Intercourse.
Navigation, Domestic and Foreign,
annual accounts of, iii. 1759.
eatablishing and duties, ii. 1496, 1515.
Navy Agents,
appointment and term of office, regulated,
ui. 1790, iv. 2308.
Navy, Denartmtnt of,
establishment and regulation of, i. 556, ▼.
2961.— See Department.
Navy Hospital Money,
regulations of, i. 685, iv. 2309.
Navy Hospitals,
eatablisbment of, ii. 1186.
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IMDBX.
JVovjf Pension Fund,
eBtabllBhment and regoUtion of, i. 677,
770. ii. 943, 1284, iii. 1563, iv. 23d5.
commissioners of, i. 677, 770, ii. 943.
clerks and officers of courts to account for
proceeds of prize, iii. 1563, 1565.
Navy, Purserg in,
to ffi^e bonds, dec. ii. 1123, iii. 1622.
Navy Timher on Public Lands,
preservation of, iii. 1619, 1604.
Navy Yards,
establishment of, i. 567, ii. 947, 1186,
1313, 1314. ,
' at Philadelphia, cession of jurisdiction of,
requested, iii. 2072.
Navy,
establishment and regulation of, L 320,
416, 472, 496, 501, 613, 520, 566,706,
ii. 1282, 1313, 1432, 1511, iii. 1598, 1622,
1820, 1873, 2028, 2070, v. 2812, 2880,
2978, 3012, 3084, 3158, 3197.
pay of officers in, i. 32D, 473, 496, 563, it.
1427, iii. 1618, v. 3027, 3042.
rules and articles for government of—
obsolete, i. 669.
in force, i. 761, iv. 2266.
courts martial in, i. 766.
distribution of prizes in cases of captare,
i. 676.
bounty on captures, i. 677.
•alva£[e, rates of, in, i..677, 729.
ships in, how named, iii. 1757.
merchandise prohibited in public ships, i.
764.
foreign seamen not to be employed in, ii«
1303.
register of officers, &c. to be printed, iii.
1615.
acta respecting employment of, ii. 1109,
iii. 1803. 1874.
enlistment of boys in, v. 3037.
employment of-*—
to suppress insurrections, 6cc. ii. 1062.
to suppress piracies, iii. 1738, 1798,
1873, 1874, 1931.
marine corps in. — See Marine Corps,
* establishment and regulation of, i.542,
686, 734, ii. 1124, 1414, iv. 2316,2333,
2346, 2217, 2383, 23b9, v. 3196.
peace establishment of marine corps,
iii. 1640.
peace establishment of, ii. 815, 1017, 1129.
pay of lieutenants increased, iv. 2140. ^
organization of medical department, iv.
2146, 2159.
pay of officers of marine corps, iv. 2217.
revision and extension of rules autho-
rized, iv. 2266.
president may transfer appropriations in
certain cases, iv. 2300, 2407.
navy agent to be appointed, iv. 2308.
regulation of the navy, privateer pension,
and navy hospital funds, iv. 2309.
allowance of pay to^ certain officers of the
marine corps, iv. 2316.
pay of marines, iv. 2333, 2346.
gradual improvement of navy, iv. 2346.
organization of the marine corps, iv.
2383, 2369.
act to regulate the pay of the navy, iv.
2411, v. 2906.
dry dock to be constructed at N. York,
IV. 2419.
•nliatment of boya, iv. 2535.
o
Navy,
term of enlistment extended, iv. 2535.
title of certain officers in the navy
changed, iv. 2537.
cruising in relief of ships in diatreflB,v. 2646.
Bteam vessels to be built, v. 2763, 2612,
2860,3213.
regulation of the navy ration, ▼. 2917.
professors of mathematics, v. 2956.
depot for charts and inatramenta, ▼. 2959.
engineers, v. 2959.
Ne Exeat,
writ of, how grantable, i. 311.
Nttkerlands,
discriminating duiiea repealed as to, iiL
1718, 1736.
Nevj Jersey
compact between N. York and N. Jersey,
iv. 2380.
New Trials,
when granted, i. 59.
Nem York,
exchange of land in, ii. 1404.
terms of courts of S. D. increaaed, !▼. S218b
jurisdiction of D. court for N. dietrict
enlareed, iv. 2228.
time of nolding G. C. for 8. dietriot alter-
ed, iv. 2260.
compact between N. Jersey and N. York,
iv. 2360.
relief of sufferers by fire in the city of N.
York, iv. 2423. 2425.
settlement with for service of her militia,
V. 2695.
iVeip Madrid,
relief of inhabitants of, ii. 1500, iiL 1641,
2048.
Neutrality,
obsolete acts to enforce and regnlate, L
352, 453, 469, iii. 1633.
act in force, iii. 1694.— See For^gn Inter'
course.
Non Importation Acts,
(obsolete.) — See Foreign Intercourse,
and ii. 1011, 1037, 1076, 1413.
Non Intercourse Acts^
(obsolete.) — See Foreign Intercourse,
and ii. 1486, 1493.
North Carolina,
alteration in time of aeaaion of D. C. iv«
2104.
assent of Congreaa to act of, iv. 2311.
North- Eastern Boundary,
agents to be appointed tp deaigoate, iv.
2107, V. 2815, 2820, 2984.
Northern Frontier, v. 2648.
Norway,
discriminating datiea repealed as to, iiL
1738.
Oaths.
by whom taken, president and vice-pieet*
dent, senatora and repreaentativea, i. 1.
secretary of senate, L 1,2.
clerk of bouse, L 1, 2.
members of state legislatures, i. 2.
judges of courts, i. 2, 56.
other officers of U. Statea, L 2.
clerks of courts, L 2, 56.
marshals, i. 2, 62, 63.
other persons serving process, L 64.
district attorneya, i. 2, 67.
attorney general, L 2, 67.
clerks of departmenta, L 197.
officers of cuatoma, L 569.
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Google ^^
•fTt
officen in araiy, L 93, 399, 445, ii. 834, 993.
mt mben of courts manial,iD army, ii. 1001 .
in naTT, i. 766.
appruMrs of goods, i. 618, til. 1887, 1888.
by whom adminiaterod, i. 1.
to me mben of coDgresa, i. 1.
by courts and judges, i. 59, 60.
by clerks of courts, i. 360.
by officers of customs, L 516.
by chairmen of committeea of congress,!.
499. iii. 1618.
by auditors in departments, iii. 1633.
persons scrupulous of taking oaths may
affirm, i. 658.
&lae, taking of, puniahedas peijury, i. 81,
281, 398, 499. 506, 653, iii. 1618, 1736,
1737, 1779, 1917, 2008.— See Ftrjury.
Obtiruetiomt
of marahal, &c. serving precepts, i. 86.
of custom house officers, i. 298, 633.
of persons escaping from wrecks, iii. 2001 .
of mail, in. 1987.— See Pm( Ojfice.
OAis, Territory N. W,of
eatabliahment and government of, i. 33,
866.
south of, establishment and flwremment
of. i. 94, 266.
establishment of, ii. 869, 890^
lawa extended to, ii. 882.
district court in, ii. 883.
surrey of boundsries of, iL 1346.
authority to sell certain lands, iii. 1561.
grant of land for a road, iii. 2069.
pre-emption of landa to, ii^ 1803.
grant of lands to for roads and canals, iv.
2108, 3141, 3176, 3189, 3338, 3360.
surveyor for Virginia military district to
be appointed, iv. 2164.
time of hoidiog C. C. iv. 3193.
assent of congress to act of, iv. 2350.
acts in relation to N. boundary line of, iv.
3388, 3443, 3451.
authorised to sell certain lands, iv. 3337.
grant of lands for the support ojf schools,
iv. 2371.
OAie iZtv«r.
navigation of, improved, iii. 2069.
O§iow ^ £/. StatM,
appointment and term of office regulated,
ui. 1790, 1857.
to give bonds, ii. 1123, iii. 1622, 1779,
1790, 1837, 1849.
Olitan^mrf,
discriminating duties repealed as to, iii.
1738.
OmiM Pfwftandt
on seizures, when on claimant, i. 633.
on auits with Indians, iii. 1849.
Qpsntftf
letters, iii. 1992.— See Post 0#ee.
QrdvMmet
of 1787 for government of territories, iii.
2073.
OrinoMct i)epar<ne«<.— See Army,
establishment and regulation of, ii. 1246,
1403, 1497, in. 1576, 1810, iv. 2263.
Ortgwi^ Territortf,
annalling jomt occupation, v. 3167.
Orleofu Territory. — See Louietana,
eatabliahment and regulationof; ii. 933, 963.
OfyfteiM.'— See Pensisns.
of public miniscers, L 789, ii. 1171.
PaHiee
may manage iheir own suits, i. 67.
in case of death, how new partiea made,
i.64.
Parlnere^
bonda for duties in name of firm to bind
all, iii. 1889.
P^MoengerSf
foreign seamen not admitted on board
ahips but by license, in foreign poru,
ii. 1303.
Patumger Skipe,
' regulation of, iii. 1722, v. 3739, 2988, 3185,
3195.
P«u$port»t
national, violations of, punished, i. 89.
for ships, regulations of; i. 448, ii. 868, 889.
forgery of, punished, ii. 889.
Pa<«il.— See InvefUionet Patent for.
for inventions, rights and regulationa of—
obsolete act, i. 80, 300, 363, 752.
in force, iv. 2300, 2313, 2504. 3546.
V. 2681.2691, 2778*2915.
jurisdiction of circuit courts in equity, iii.
1719.
at law, i. 300, 363, 752.
Pay m ^raiy and Navy, and Militia. — See
thoae heads.
Paymaster General, iii- 1574. — See ^raiy.
Paymasters
of army, ii. 1123, 1418, iii. 1574, 1810.—
See ^rsiy.
Peace Establuh$neni
of Jurray.— See Army, ii. 830, 940, 1088,
1401, ui. 1574, 1671, 1672, 1706, 1809,
1852.
of navy, L 815, ii. 1017, 1129.— See Navy.
of marine corps, iii. 1640. — See Marine
Corps.
Pea Patch,
purchaae of, v. 2786.
Ps2try.— See Indians,
importations of, regulated, i. 661.
Penalties and Forfeitures. — See Fines pmd
Fotfeiinres.
of bonds and agreements, i. 62.
limitations of suits for, i. 90, 655, iL 941,
1305.
remission of, provided for, i. 458, 717, iii.
1812, 1892.
special bail in suits for, f. 630.
in custom house cases, how sued for, i.
653, iii. 1812, 1892.
distribution of, i. 655, iii. 1812, 1893.
Pennsylvania,
militia fines, vested in state of, iii. 1844.
interest paid to, iii. 2068.
act of, assented to, ii. 987.
jurisdiction of D. C. for W. district ex-
tended, iv. 2228.
Pensinns,
establishment and re|rulation of, revolu-
tionary invalids, oflicera, d&c. i. 68, 101,
224, 304, 363, 371, 451, ii. 903, 915,
983, 1008, 1240, iu. 1662, 1747, 1778,
1794, 1825, 1927, iv. 2112, 2270, 2339,
2333, 2336, 2366, v. 2655, 2797, 3996,
3005.
widows and orphans of revolutionary offi-
cers, &c. i. 324, 304, iv. 2165, 2299, v.
3738, 3897, 3966, 2996, 3033, 3035, 3096.
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INDEX.
ftSTS
PflWtMf,
in nayy generally, i. 474, 677, 769, ii. 1284,
iii. 1565.
in army generally, i. 360, 412, 488, ii.
833, lii. 1573.
in militia generally, i. 255, 360, 412, 488,
ii. 1382, iii. 1873'.
officers of revenue cutters, ii. 1417.
special cases in late war with Great Bri-
tain—to army, ii. 1205, 1226, iii. 1562,
1647, 1732, 1746, 1934.
special cases-^in navy, ii. 1399, iii. 1637,
1673, 1731, 1934, 1974.
in privateera, ii. 1293, 1388, 1999, Sli.
1637, 1673, 1934, 1938.
to Indian warriors, v. 2861.
in Seminole war, iii. 1706.
payment of, at seat of government, ii.
1101.
payments regulated, and continuing dis-
ability proved, iii. 1739.
penaion agents, regulation of, iii. 1574,
1743, iv. 2376, 2438, 2455, v. 3185.
terms of certain pensions of widows and
children of persons in the naval serviee
last war, iv. 2129, 2370.
act of 10th April, 1806, revived for 6 years,
iv. 2143.
mode of authenticating testimony in re-
l^rd to wounds received in the revolu-
tion, iv. 2165.
relief of officers and soldiers of the Vir-
ginia line and navy, and of the conti-
nental army, iv. 2214, 2261, 2362.
annual reports of applications for pensions
to be made to Congress, iv. 2217.
certain duties transferred from the trea-
sury to war department, iv. 2333.
naval pensiona and navy pension fund, iv.
2385, 2542, v. 2828, 2896, 3045.
office of commissioner of pensions, iv.
2418, 2545, v. 2790, 2968, 3094.
half pay to widows and orphans of those
who have died of wounds in military
service, iv. 2516, 2545, v. 2749.
Pmria VUlaget
claims of land in, regulated, iii. 1802.
Perjury
in courts and suits, i. 87, iii. 2002.
in other cases generally, iii. 2002.
in cases under ship registry acts, i. 28.
in cases under coasting and fishery acts,
i. 298.
In eases of accounts of public expenditures
at treasury, iii. 1622, 1917.
in cases before committees of Congress,
i. 499, iii. 1618,
in cases of poor debtors imprisoned, L 506,
iv. 2238.
in pension cases.*-8ee Pe«Mr<m«, iii. 1779.
in cases in custom house, i. 653.
in cases of elections of directors of Bank of
U. Sutes, iii. 1736, 1737.
how indictment for, framed, i. 87.
in D. of Columbia, iv. 2234.
Fermit
for landing goods, i. 617.— See Dtaie$,
Colleetian of,
PerMonatifig
another person, offence of, in courts, i. 86.
in cases of public creditors, iii. 2004.
Philadelphia,
iimiu of port of, defined, iii. 1696.
PhUaddpkia,
navy yard, cession of, requested, iii. 2072.
Phytieian
general, ii. 1312. — See Army,
Pickled PitA.— See Fiiheriet,
Pier.— See Buoye, ii. 849, iii. 1594, 1754.
cession of, at Chester, iii. 2059.
Pilate,
sppointment of by states, confirmed, L 33.
exempt from mihtia duty, i. 253.
upon rivers which are the boundary of two
states, pilots licensed by either may be
employed, iv. 2536.
Ptroqr,
defined and punished, i. 84, iii. 1739, 1798,
1874, V. 3199.
murder and robbery is, i. 84. ^
robbery on land from a ship, iii. 1796.
engaging in slave trade, iii. 1798.
confederacies in, punished, i. 85.
aiding and abetting, i. 85.
jurisdiction in cases in dist. court, iii. 1931 «
Ptrates,
confederacy with, and assistance of, i. 85.
coneealment of, i. 85.
Piratical
aggressions, search and depredations pu*
niahed, iii. 173R.
resistance to, authorized, iii. 1738.
captures of ships making, authorized, iiL
1788, 1873, 1874.
attacks on ships, iii. 2000.
Plaetere/Parie,
trade in, regulated, iii. 1626.
Plattehurg,
land purchased at, ii. 1499.
Pleadingiy
amendment of, i. 66. ^
Pfefi»ofe»<tartef .--See Minittere.
Plunder,
offence of, of ships wrecked, iii. 2001.
attacks on ships for, iii. 2000.
Poritr,
importation of, regulated, i. 660.
Per<«.--See Dutiee, CoUeetion of,
at what ports vessels may enter and un-
lade, i. 586, 587.
at what, unlade only, i. 586, 587.
Portugal,
vessels of, to be exempt from totmagt
duties, iv. 2267.
discriminating duties on produce of, sus-
pended, iv. 2514.
Poetmatter (^eneroZ.— See Poft Office,
appoiotment and duties, iii. 2066.
salary of, iii. 2067.
Poet Office,
establishment and regulation of, obsoleta
acts, i. 50, 158, 199, 211, 324, 460, 492,
688, ii. 925, 1063, 1447, 1506, iii. 1533,
1545.
military, ii. 1284.
acts in force, ii. 1092, iii. 1985, 2066, T.
2877, 2909, 3047, 3055, 3091, 3194..
offences aj^inst, iii. 2066, dec.
suits for, in what courts brought, iiL 1530,
1531, 1997.
organization of, changed, iv. 2464.
provisions made for settlement of accounts,
iv. 2464.
fire-proof building for, v. 9777.
time of making contracts for transporta*
tion of maii changed, iv. 2518, 2555.
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PW4
INDlBX.
MUblitbinem of. ObtoleM acta, l 211,
324, 385, 460, 757, 624, ii. 875. 924,
974, 1035, 1422.— In foroe, iL 1140,
1244, 1299, 1420, 1507, iiL 1609, 1628,
1700, 1732, 1786, 1813, 186), 1910.
1978, 2016. 2050, it. 2147, 2157, 2274,
2476, 2517. t. 2696, 2861, 2944, 3064,
3094, 3102, 3180, 3215.
Tre»emntion of PMie Zoji^.— See Landt,
FMk.
for leau of joatice. iii. 1957.
to Mttleri m Alabamtf, Misiieeippi, mud
Florida, iii. 2017.
to city of Mobile, iii. 2071.
Prefertnc€ of £7. iSmIm.— See Prwriiy,
FreMetUt,
reeoltttion diepoeing of a present from the
Emperor of Morocco, iv. 2420, v. 2815.
PrtiidetU and Vice PretidetU of V. UtaUi,
■alary of, i. 53, 300.
election of, proviaiona relating to, i. 219,
U.944.
FtfUtmi ^ U, Statu,
powers of. — ^See CoiutUuiiou.
■pecial powera and authorities —
to direct removal of Congreea in caae of
aickness, i. 323.
do. public offices, i. 565.
to call fonn militia in certain caaea, L 244,
389, V. 2780.
to lay an embargo, (obsolete) i. 342.
to purchase and ouild galleys, i. 342, 501.
to employ army and navy to enforce neu-
trality, iii. 1696, and see i 354, 453, iii.
1633.
do. to aasiat in aeixures, ii. 1494. ^
do. to Buppresa insurrections, iL
1063.
to build revenue cutters, i. 653.
qpecial powers and authoritier—
to obtain cession of Connecticut leserre,
L771.
to exchange lands with Indiana, ii. 939.
to establisn military post routes, iL 1284.
to appoint agent under Briiiah treaty,
(1794,) L 472.
to procure cannon, &lc L 500.
to establiah foundries and armories, t. 500.
to remove intruders on public Isinds. ii.
1065.
to exchange certain landa for fortifica-
tions, iL 1093.
to repel invasion by Great Britain of
north-eaatern boundary, v. 2779.
to retaliate in war with Great Britain, ii.
1314.
to purchase hnlka ibr protection of forta,
ii. 1319.
to exchange landa in New York, iL 1404.
to purchase land at Plattsburg, ii. 1499.
to preserve timber in Florida, iiL 1827.
to increase amount of bonds of public
officers, iii. 1790, 1849.
to sell certain armed vessels, iL 1029.
to purchase vessels to suppress piracy,
ill. 1872.
FritUing
of Congress, regulations of. iii. 1757.
manner of executing printing ordered by
Congress, iv. 2156, v. 3028, 3030,
3169, 3170.
•lection of printer, iv. 2176.
FrinU,
copyright of.— See Oopf JUgkL
Priority of United Statet,
in cases of insolvency, i. 460, 630.
of sureties on bonds for duties, L 630.
Frisonere ef War,
provisions for. L 569, ii. 1273, iii. 1624.
FriMomere,
poor debtors.'— See D^tore* Foor»
relief of, on private executions, i. 715, iiL
1653, 1932, 1939.
on executions of U. States, L 506, iii.
1652.
mirrender by bail, i. 684.
Privateering ugainH Neutrale,
obsolete acts. i. 352, 453. 469, iii. 16S8.
acts in force to prohibit, iii. 1694.
PrtvoleertSMii,
pensions to. — See Peneione,
Frixe Money,
on captures, distribution of, L 769.
Probable Cauee rf Seizuree^
when a justification, i. 654, 655. ii. 1047.
See also ii. 1493. 1519, iu. 1650, 1848.
Process in Courts,
regulationa of, .(obsolete acts,) i. 94, 169.
—(In force) i. 67. 257.
mesne, in fsvour of U. States, i. 630.
of execution in favour of U. Sutes, i. 465.
in what districts to run in &vour of U.
States, i. 465.
atate process in places ceded to U. States,
L 391, 392.
when special bail in, L 630.
in circuit court of Tennessee, iii. 1836.
Property
lost or destroyed by enemy, provided for,
iii. 1542, 1651, 1711, 2007, iv. 2336,
2391, 2529.
Prohibition,
writ of, when issuable, L 59.
Protections
of seamen, L 434, 435, ii. 130).— Seo
Seamen.
Protests, Cenratar.-^ee Consuls,
when evidence, L 236.
Prussian SAqos,
discriminating duties repealed as to, iit
1932, iv. 2134.
Public Accounts. -^Ste Accounts, FtMic
of public agenta and debtors, settlement
of. i. 464. iL 1122, 1123, 1308, 1309, iiL
1630. 1791. 1876, 1916. 1917.
suits against garhi^iees of public debtors,
iiL 1690.
warrants of distress against public debtors,
iii. 1791.
dismissal of delinquent debtors, iii. 187S.
Public BuOdings,
commission^ to make annual report, iv.
2170.
payment of workmen on. v. 2784.
PMic J9eb<.— See Debt, Public
Public tnoncu
to be oeposited in banks, iL 1123, iv.
2445. 2502.
Publication of Lawsj^Sea Lams.
Public Contracts,
members of Congress not to engyice in,
iL 1091.
Purchases
of supplies to be by public contract, ii.
1124.
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Google
INDEX
tsn
Fwrvvfor
oTsapplM*! ii- 1123>
Puhlic MiniBlerg. — See Minitters.
Fur»tr§ in Navy
to give bonat. ii. 1123, iii. 1622.
QuaraiUiue and HeaUk £diw»,
observance of, i. 432, 564.
Quarter MoMter^t ZTieparfmenl.— See iimiy.
regulatione of, iL 1319, iii. 1816.
Soft;
impoTtatione in, regulated, i. 661.
See DutM$, CoUeetion of,
dangers,
companiee of, raised, (obsolete,) ii. 1209,
1272, 1397, 1341, 1S73, 1397.--See
Pensions.
Sape,
ofl[ence of, iii. 2000.
Mamsom of Cap<toe«,
settlement of acoounts for, iii. 1930.
Sates of Postage.'Se^ Post OJice.— iii. 1988,
3066.
Maiions. — See Army and Nawy,
BeoMonahle cause of Seizure^
effect of certinoate of, i. 653, 654, ii. 1047.
JUcmvers of Putlie Monoy.-^Ste Lands, Pub-
lie,
aoeoants, how settled, ii. 1122, 1309, iii.
1791.
warrant aniost delinquent, iii. 1791.
term of omce and appointment, iii. 1790.
to give bonds, iii. 1790.
compensation for, iii. 1710, 1745, 2039.
JR^ceiving
stolen goods, i. 87, iii. 3001.
a bribe, i. 87.
felons, i. 85, 87.
pirates, i. 85.
Bteords of Z7. States,
where ke|>t, i. 48.
of courts, L 54.
of state acts, how authenticated, i. 93, ii.
947.
of continental court of appeals, L 261.
Uefining SUver, iii. 1920.— See Mint.
from Nova Sootia and Canada, relief of,
i. 498, 811, ii. 903, 920, 1131, 1234.
Ssgisters of Land OMces.-See Lands, Public.
appointment and term of office, iii. 1790.
to give bonds, iii. 1790.
compensation of, iii. 1715, 1745.
Segister
of nany officers, in. 1615.
^flLpa, i. 868, 453, 471. iL 850, 888, 946,
1311, iu. 1834.— See iSAnw, and see L
S3, 68, 413.
Bemission
of fines and forfeitures. — See Pines and
. Forfeitures. (Obsolete acts,) i. 93, 257,
391, ii. 949, 1283, 1287, 1398. (In force)
i. 458, 717, iv. 2329.
Semowil
of suits from state courts, i. 57, 58, and
see ii. 1492, 1518, iii. 1649.
of offenders from other districts, i. 66.
Reporter, and Reports of Supreme Courts
regulation and appointment, iiL 1639,
1803, 1913, 8046,
B^resenUUivss,
apportionment of, i. 235, ii. 635, 1204, iii.
1837, iv. 3386, T. 3872.
of criminals impiisoned, i. 88.
of dead body of convict, i. 84.
lUsignation
of president, i. 221.
BeservatioHg
of naval timber, iii. 1619.
Resisting
officers of the customs, i. 898, 633.
officers serving process, i. 88.
Retaliation
on enemy, a\^thorixed, (obsolete) ii. 1314.
BevenuCf
no distinction to be made as to the kind
of money to be received, v. 2748.
Revenue O^rt.— See Duties, Collection of.
appointment and dutiea, i. 590, &c.
Revenue Cutters, '
establishment and regulation of, (obsolete .
acts) i. 169, 419, 474, 501— (in force)
658, 659, ii. 1101. . •
appointment and duty of officers of, i.
658, 659.
corof>ensafion of officers of, i. 668.
Revolutionary Pensions. — See Pensions.
Revolt
on board of ships, i. 84.
Rhode Island, State of,
acts extended to, i. 97.
courts of U. States in, i. 99.
census in, i. 100.
assent to acts of, i. 168, 284.
J?iver«
deemed highways, i. 435, 450, ii. 900.—
See Lands, Public.
Rijlemen,
companies of, authorized, ii. 1395.
Roads,
establishment and repairs of—
Cumberland, ii. 990, 1196, 1244, 1500, iii. J^
2058, iv. 2165, 2166, 2170, 2250, 3373,
8414, 2551.
from Athens to New Orleans, ii. 1035,
1062.
in Indian territory, iii. 1025.
ID Ohio, ii. 1204, iii. 3069.
in Illinois, iii. 1585.
from Miami rapids to Connecticut re-
serve, iii, 1879.
from Nashville to New Orleans, iii. 1924.
in Florida, iii. 2057, iv. 2390. 2531, 2551.
in Michigan, iii. 2060, iv. 2302.
in Indiana, iii. 2062, iv. 2240, 2379.
from Memphis to Little Rock, iii. 3071.
from fort Smith to fort Towson, iii. 2071.
in Maine, iv. 2139, 2176, 8387.
in Alabama, iv. 2337.
in Arkansas, iv. 2347, 2383, 2391.
in Maesachusetts, iv. 2433, 8457.
in Tennessee, iv. 2459.
in Louisiana, iv. 2552, 2554.
continuation of certain roads, iv. 2551.
Roads and Canals,
surveys for, iii. 1940.
Robbery, CMfeneeof,
on high seas, i. 84. — See Piracy.
in Indian boundary, ii. 840. — See Indians.
of mail, iii, 1992.— See Post Ofice.
Row Boats
for custom houses, i. 658, 659.
Rules and Articles of War
in army, ii. 992. — See Army.
m oavy, i. 161.— See Nmvy.
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S8M
INDBX.
Sunni$tg
ftwftf with ships, i. 84.
from justice, i. 284, til. 2093.— 43«e Fugi'
tlV€$.
slsYes, i. 285, iii. 2093.
Muik Itland, T. 2966.
J{|M«M,
set to enforce tresty with, iV. 2118.
Ru8»ian Skiptf
discriminating dnties repealed ss to, iii.
1933.
Safe Conducts,
Tiolstion oC i. 89.
Salariet. — See Cmt^eHMoHon,
SmUt of Landt.-'^e Lands , PMie,
by msrshal, regalsted, i. 775. — See Mar*
shals.
by ooUectors, cofifirmed, i. 776.
Salt, Duties on.^See Bonnty and Fisheries.
• Salvage,
on recaptares, rsgulations of, i. 677, 729.
Sandusky kiveVf
salesoflandat, ia. 1585.
Sardinian Ships,
discriroinatiDg duties repesled ss to, iii.
1933.
Savannah,
port duty St, iii. 1606.— See Oesrgia,
obstrucuons of hsrboar of, iii. 20&.
ScalinM Coin.— See Coins and Currency.
Scire Facias,
writs of, i. 59, 65.
of Bsok of U. States, iii. 1559.
Sea
fencibles, ii. 1350. — See Pensions.
Seal
of United States, i. 48, 49.
SeaUtter
'^ of ships, ii. 1138.
Seamen,
government and regulstion of, in mer-
chsnts' service, i. 102, ii. 971, v. 2808.
sbsconding, remedy sgsinst, i. 104.
in fisheries, i. 207, 751, ii. 1315.
citisens only employed in public snd pri-
Yste ships, ii. 1302.
dischsrge of, in foreign ports, i. 238, ii.
864.
relief sod protection of, i. 434, 688.
impressed, i. 434, 688.
relief of sick snd disabled, i. 238, 434,
554, ii. 874, 884, 885, 1432, v. 2972.
foreign seamen deserting to be delivered
up, iv. 2169.
^est of Govemtnont,
establishment of, i. 101, 196.
Sea Stares,
how ascertsined at custom house, i. 612.
in psssenger ships, iii. 1723.
Secretary
of depsrtments.— See Dewtrtments, and L
5, 14, 31, 46, 70, 97, 498, 565.
of senste.— See Congress.
sppointment snd duties, i. 2.
Secreting
sbsconding sesmen, i. 104.
Sedition,— ^Bee Army,
set to suppress (obsolete), i. 543.
Swfures,
proceeding on, how snd where tried, i.
56,57.
in revenue cases, 1 653, and see ii. 1491.
Seizures,
probable cause of, a ivstffieatkm, L 653,
654, ii. 1047.
what officers rosy seise, and where, L
633, 649.
for trade with enemy, (obsolete) ii. 1S73.
1488, 1489.
Seminole Indians,
removal of, v. 2755.
Seminole War,
volunteers in, provided for, iii. 1974.
, Serving
in foreign wars, iii. 1694. — See NeutP^ity.
Seeing
on foot miKrary expeditions, iii. 1694.^
See Neutrality.
Serving
process against aihbasssdors, t. 88.
process of ststes in places ceded to U.
Ststes authorised, i. 391, 392.
Settlers on Public Lands,
provisions respecting, ii. 1064, iii. 1540,
1647, 1697.
Settlement
ofpublioaceottBts.^-See Accounts,!. 408,
11. 1122. 1309, iu. 1630, 1659, 169IK
1722, 1776, 1791. 1853, 1856, 1876,
1917, iv. 2103, 2436.
Sheep,
tmportstion of, for breed, i. 658, andaee i.
304.
Ships and vessels.
registry of, obsolete sets, i. 33, 68, 412.
in force, i. 268, 453. 471, ii. 850, 888, 889,
946. 1311, iii. 1834.
psssports and sealetters for, i. 448, it. 883,
889, 1138.
at New Orleans, ii. 914.
in Florids, iii. 1834.
crews to be citizens, ii. 1302.
proportion of crew citizens in respect of
tonnsge duty, iii. 1623, 1624.
enrolment of, m coasting trade and fishe-
ries, obsolete acts. i. 33, 40, 208.
in force, i. 285,453, iii. 1834, v. 3110.
proportion of crew citizens for tonnage
duties, iii. 1623, 1624.
psssenger, regulations of, iii. 1722.
srmed merchant, regulations of, iii. 980.
foreign pspers to be deposited with con-
suls, iii. 1621.
firsudulent destruction of, ii. 940.
conspirscy to destroy, iii. 2006.
light ships.— See Lijghi Houses.
Shawncetown,
sets respecting, ii. 1154, 1401.
Sh^infi
srticles. — See Seamen, i. 102.
Sick and Disabled Seamen. — See Seawten.
SUver Cotn.^^ee Mint^-Coins and Cur*
reney.
Sinking Fund.-See Debt, Public.
Slaves,
fugitive, i. 285, iii. 2093.
Slave Trade,
prohibition snd punishment of, i. '319,
730, ii. 886, 1050, iu. 1698, 1752, 1798.
engaging in piracy, iii. 1798.
&ne».-— See Army,
Spirits, Wines, <{i. — See Duties t Collection of.
importation and entry regulated, i. 609,
610,611,660.
drawback on distilled spirits, iii. 1819.
Digitized by
Google
INDBX.
8877
Sfiriit, Wm€i, ^.
deposit for datiet, i. 637, iii. 1714, 1740.
fraudulent embezilemeDt of, depoaited,
iu. 1715.
SmitktoH, Legacy f
president authorized to prosecute claim
for, iv. 2458.
inyestment of, t. 2695, 2854. .
establishment of ** Smithsonian Institu-
tion," V. 3160, 3173.
Smmtty JVms Island,
repair of wall and pier of, iii. 1822, 1859.
Snuff,
duties on, (obsolete) i. 354, 392, 451, 460,
556, 771.— See Jhuiet, liUemal.
South Carolina,
assent to acts of, ii. 990, iii. 1606, 1849.
C. C. when to be faolden in, iv. 2163.
jurisdiction of Mt. Dearborn ceded to, ir.
2170.
Spmdleo. — See Buoys, Beacons, &«.
St, Domingo,
intercourse with, suspended, (obsolete) ii.
985, 1047.
Staff,
' organization of. — See Army, iii 1574,
1671, 1779, 1810. 1874.
Stage
drivers, not to carry letters, iii. 1990.— See
Fost Office,
exempt from militia duty, i. 253.
Sirn^ Office,
establishment of, (obsolete) L 754, 814.
duties, (obsolete) i. 476, 486, 490, 567,
754, 815, ii. 1374, 1434, iu. 1534.
further time for stampinff bonds, &.O. iii.
1924.
Standard of CoinsrSw Mint.
Sitmnding^ Mute,
provided for, i. 89, iii. 2002, iv. 2417.
Stmte Department. — See Departments.
Stationery
of Congrese, iii. 1531.
State Laws,
rules of decisions in courts of U. States,
i. 67.
how authenticated, i. 93, ii. 947.
health laws enforced, i. 432, 564.
Statistical
annual accounts of exports and tonnage,
iii. 1759.
Stealing.— See Tkrft.
records, i. 86.
goods, &rc. i. 86, iii. 2001.
of public property, i. 86.
of property of bank of U. States, iii. 2003.
Steam Boats,
enrolment and license of, ii. 1217, iii. 201 1 .
mails in, authorized, ii. 1299, 1507, iii.
1730.
entry and clearance of, regulated, iii.
1650.
registry of, when owned by corporations,
iii. 2011.
security of the lives of passengers on
board of, v. 2739, 2988.
Stock,
public — See Debt, Public, L 341, 375,
400, 416, 466, 483, iii. 1856.
Xiouisiana, ii. 908, 1271.
exchange of certain, iii. 1836.
payment and extinguishinent provided
tor, iii. 1640.
Striking^
foreign minister, i. 89.
Submarine Telescope,
V. 3013.
Suhornation
of perjury. — See Perjurjf, i. 87.
how indictment framed, i. 87.
Subpmna,
for witnesses, into what districts to run,
i. 319.
in case of deposition, i. 64, iii. 2040.
contempts of, punished, iii. 2040.
Sugar,
refined, duties and drawback on, obsolete
acts, i. 354, 392, 451, 460,556, ii. 1336.
in force, iii. 1612, 1819.
Suits,
how removed from state courts, i. 57, 56,
and see ii. 1492, 1518, in. 1649.
consolidation of, ii. 1320.
Supervisors
of reveniie, i. 611, iL 905. — See Duties,
Collection of.
Supersedeas
of execution, i. 60, 61.
Superintendent
general, of sujpplies, obsolete acts, ii. 1808,
iii. 1630.— See ^irsiy.
Superintendent
at Springfield and Harper's Ferry, iii.
1600.
of Indian affairs at St. Louis, iii. 1849.—
See Indians.
Supreme Court. — See Courts.
Surety
for good behaviour, i. 556.
Sureties
on custom house bonds, priority of, i. 630.
Survey of Public Lands. — See Lands, Public.
Surveyors of Public Lands. -^ See Lands,
Public,
Surveyor of Customs. — See Duties, Collection
of.
appointment and duties, i. 590.
term of office, iii. 1790.
Survey
of sea coast, generally, ii. 1038, iii. 1594,
1671.
iron) Mississippi to Vermilion Bay, ii.
1022.
of Florida coast, iii. 1860.
of Gloucester harbour, iii. 1925.
of Presque Isle harbor, iii. 1925.
Surveys
for roads and canals, iii. 1940.
of canal from gulf of Mexico to Atlantic,
iii. 2016.
Swine,
importation of, for breed, i. 658.
Sweden,
ships of, discriminating duties repealed as
to, iii. 1933.
Symmes, John Cleves,
acts respecting grant to, i. 233, 247, 816,
ii. 871,890, 901,929.
Tare
at custom house, i. 624.
Tar^
of duties, iii. 1587, 1617, 1633, 1705,
1706, 1708, 1740, 1942.— See Dutiee on
Imports.
Taxes,
direct, obsolete acts for valuation and
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aiva
DiDBX.
T«rct,
assesement of lands, L 525, 573, 715,
781. 791, 822, ii. 958.
obsolete acts for compensation of ofiioen,
i. 544.
obsolete acts for assessment and collec-
tion of, ii. 1320, 1452, 1524, iiL 1592,
1646, 1687.
obsolete acts, lajring land tax, i. 544, ii.
836. 917, 963, 1354, 1392, 1451, 1514,
iii. 1533, 1536, 1578.
time of redemption of lands sold for, ex-
tended, iii. 1688. 1784, 1825, 1922,
2027, iv. 2108.
evidence of sale of lands, perpetuated, iii.
2037.
Taxett internal, — See DtUieM, Internal.
TeoM, Spirits, and fTmes ,
ontrjr and importation of, i. 604, 605, 609,
610, 611, 637.
deposit provided for, i. 627, iii. 1714,
1740.
obsolete acts, i. 146. 348.
Telegraphs, electro- magnetic, v. 2979.
Tender, what Coin is good as a,
American coin, i. 228. 282.
foreign coin, i. 282, 283, 626. 635, 830, ii.
1006, iii. 1923.--See Coins and Cur-
rtney.
Tmmessee, State ef,
admission into union, i. 450.
district court in, i. 452.
two districts in, i. .%2, ii. 859, 1046.
two marshals in, ii. 859.
offences in what district court cognizable,
i. 562.
assent to acts of, ii. 1413.
time of holding the rule term of C. C. for
west Tennessee changed, iv. 2218.
Terrttortes,
establishment and government of, ordi-
nance of, iii. 1787. 2073, v. 3014.
northwest of Ohio river, i. 32, 266.
south of Ohio river, i. 94, 266.->See parti-
cular territories.
Teete
of writs, i. 67, 94, 257.
Testimony. — See hvidenict — Dtposition,
Texas,
annexation of. v. 3088.
extension of laws over, v. 3092.
admission into the Union, v. 3166.
boundary, ▼. 2750,' 3017.
Tkanksgimng
day of, ii. 1532.
of public records, i. 86«
of private property, i. 86, iii. 2001.
of public property, i. 86.
of bank property, iii. 2003.
concealment of, iii. 2001.
Tvudter, iVavjf,
preservation of, in Florida, iii. 1827.
cutting of, prohibited, iii. 1619, 1804, iv.
2239.
Tonnage of Shifts,
how ascertained, i. 630.
annual account of domestic and foreign,
iii, 1759.
Tonnage Duties.— ^ee Duties on Tonnage.
obsolete acts, i. 5, 50.
on domestic and foreign ships, i. 106, ii.
875. 1509, 1515, iii. 1587, 1592, 1617,
1623, 1633, 1738.
Tonnage Duties,
on vessels on Misfliaaippi, iL 875.
on American ships, with 2-3ds of crew
citizens, iii. 1624.
on coasting vessels, with 3-4ths of crew
citizens, iii. 1633.
on Fmnch ships, iii. 1803, 1820, 1847,
1895.
on ships not so manned, iii. 1623, 1624.
how paid. i. 629, 630, ii. 875.
suspended as to certain foreign countries,
ii. 1509.
Tools of Trade
exempt from duty. i. 612, iii. 1927.
Topographical Engineers. -^ See Armjff iL
Trade u>ith Enemies
prohibited (obaolete) ii. 1373, 1488
1489.
Trading Houses. — See Indians.
Treason, «
offence of, punished, i. 83.
misprision of, i. 83.
Treasury,
solicitor of, iv. 2206.
regulation of deposits of public money,
IV. 2445, 2502.
settlement with U. S. Bank, iv. 2450.
treasury building to be erected, iv. 2501.
treasury notes, v. 2638, 2658, 2762, 2790,
2818, 2858, 2964, 2977, 3110, 3165,
3175.
6scal year established, v. 2908.
sub-treasury, v. 2798, 2827, 3132.
Treasury Department. — See Departments.
establishment and regulation of, i. 46,
196. 261. 381, 408, 790, ii. 1432, iii«
1630, 1659, 1728, 1759, 1776, 1790,
1791.
remission of forfeitures by, i. 458, 717,
iii. 1812, 1892, iv. 2329.— See i^utet and
ForfeUures,
settlement of accounts with, i. 408, 564,
1122. 1309. iii. 1630. 1659. 1690, 1733,
1776, 1791, 1853, 1856, 1876, 1917.
warrants from, against delinquent debtors,
iii. 1791.
Treaties,
how published, i. 166.
a^ent under British, of 1794, i. 472.
with France annulled (1779), i. 522.
of peace of 1783. iii. 2083.
with Spain, iv. 2542.
of Washington, v. 2984.
enforcement of, v. 3151.
See Colombia, France, Seamen, Commie-
sioners.
adjustment of claims under British treaty
of, iii. 1826, 2048.
Trial by Jury,
in civil cases, i. 57, 58, 59.
in criminal cases, i. 57, 58.
in what districts, i. 653.
in admiralty cases, i. 57, 58.
in equity cases, i. 58.
Trustee Process. — See Garnishees.
against debtors of corporations in favour
of U. States, iii. 1690.
United States.—See Accounts, Public— DAt,
Public.
executions in &vottr of, to run into any
state, i. 465.
priority in cases of insolvency, i. 465, 630.
what is insolvency, L 465, 630.
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INDEX.
«9T9
United Stt^ei.
judgment on raits of, it first term of
court, i. 630. iii. 1997.
relinquishment of certain captures, ii.
1317.
United Brethren, Society of,
grant of lands to, i. 448, 680, 727, ii. 853,
900, 921, 923. 971.
Underwriters, Fraud on,
by destroying ships, ii. 940.
conspiracy to defraud, iii. 2006.
Ureuline Nnne,
exchange of lands with, ii. 1232.
Vaeeinati&n,
encouragement of, (obsolete) ii. 1300, iii.
1844.
Vtrwumt,
admission into union, i. 169.
representatiyes from, i. 169.
laws extended to. i. 176.
Veesete, Light.— See Light Housee.
Viee-Freeident,
salary of, L 53, 300.
Vincennee,
grant to inhabitants of, i. 203.
adtustment of claims to lands, provided
lor, i. 203. ii. 926, 1066, 1131, 1153, iiL
1661, 1713.
FtrWfitti, Military Land Warrante. — See
Lande, FMie, i. 162. 364, 790, ii. 853.
1049, 1056, 1152, 1266, 1431, 1501, ui.
1669, 1806. 2036.
Virginia, State of,
acts of, assented to, ii. 850, 920, iii. 1578,
iv. 2351.
militia fines vested in, iii. 1922.
^ See Courte, Dietriet,
time of holding district court for western
district changed, iv. 2264, 2414, 2456.
Volnnteert in Military Service,
obsolete acts, ii. 1044, 1212, 1279, 1373,
1397, 1404, 1486, 1506. ,
Canadian, bounties to," iii. 1537, 1578,
1647, 1619.
Wahttth,
relief of officers and soldiers in campaign
on, iL 1226.
Waget qjf iSeamen.— See Seawun.
Warrant of JHstreee ,
against delinquent debtors, iii. 1791.
Warren,
channel of, staked out, i. 498.
War Dmrtment.—'See Departmente.
establishment and regulation of, i. 31,
261, 381. 431, 556. li. 1092. 1122, iii.
1597, 1599, 1630, 1644, 1776, 1853.
War,
with Great Britain. (1812) ii. 1260.
letters of marque, do. i. 50, ii. 1261, 1285.
bounty oi^ destruction of enemy ships, ii.
retaliation of acts of enemy, ii. 1314.
property destroyed in, paid for. iii. 1542,
1651, 1711. 2007.
ransom of captives in, iii. 1930.
with Mexico, v. 3097, 3104, 3106, 3198.
Ware, Flated.
duty on. — See Duties, Internal,
Warehouses, FvJblic, ^
in case of qnarantfne, i. 565.
deposit of wines, spirits, and teas in, iii.
1714, 1740.
Warehouses, Fuhlic,
fraudulent withdrawal of deposited goods,
iii. 1715.
Washinftton, George,
. franking privilege of, i. 333.
statue of, V. 2815, 2850.
sword of, V. 3028.
camp chest of, v. 3028.
Washington, City of,
seat of government, i. 101, 196.
acts respecting, i. 418, 496.
Weighers and Gangers. — See Duties, Collec-
tion of.
appointment and duties of, i. 590, 633.
Weights and Measures,
distribution of, iv. 2519.
West Point,
purchase of, i. 100. ^
engineers at, ii. 835.
boundaries settled, ii. 1178, 1284.
West Quoddy Head,
bell at, iii. 1797.
Widaws.-'-^e Fensions.
Wilkes'
exploring expedition, v. 2905, 3087, 3168.
Wines, Spirits, and Teas,
importation and entry of, i. 609, 610, 611.
deposit of, in warehouses, i. 627, iii. 1714,
1740.
fraudulent removal of. iii. 1715.
obsolete acts respecting, i. 241, 348.
Wisconsin,
territorial government established, iv.
2426, V. 2782, 2992.
certain towns laid off in, iv. 2462, 2541.
certain acts of, confirmed, iv. 2554.
division of, v. 2662.
boundaries, v. 2672.
ffrants to, v. 2672, 3011, 3156.
disapproving act of, v. 2748.
improvements in, v. 2762.
relief of settlers in, v. 2897.
settlement of accounts with, v. 2912.
admission of into the union, v. 3129, 3204.
Witnesses, Compensation of,
obsolete acts, i. 198, 258.
in force, i. 569, 571.
compellable to attend to give depositions,
1ii. 2040.
imprisoned in criminal esses, iii. 2031.
subpGBnas, in what districts to run, i. 312.
officers of customs may be, i. 656.
Working Days
to unlad[e ships, i. 622, iii. 1819. — See
DuticM, Collection of.
Wrecked Goods,
entry of, iii. 1889.
Wrecks on Florida Coasts
provided for, iii. 2011, 2015.
Wrecked Fishing Vessels
to have bounty, iii. 1950.
Writs of Error,
regulation of, i. 60, 61, 260, 373.
from district courts, i. 57, €0.
from circuit courts, i. 57, 60.
from state courts, i. 61, iii. 1530, 1531.
when a supersedeas, i. 61.
limitation of, i. 61.
Writs and Process,
in what districts served, i. 57.
in what districts to run in favotir of U.
States, i. 465.
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JSWfS^
WriU and Proeag,
when to be Mnred bj marahal, i. 62.
wh«n not, i. 62, 63.
ofsubpoBiiA, i. 312.
regnlatioM «id forma of, L 67, 84, 257.
how totted, i. 67, 94, 257.
Wrii$
of haben oorpm, i. 59.
WrU$.
, i. 59.
prohibition, i. 59.
no exoftt and^QDOtion, L 311.
•ciro facias, i. 59, 65.
sabpona, i. 312, iiL 2040.
renwe Maa^ i. 63.
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