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1836.

trict of Boston and Charlestown, as not to injure or prejudice the upland or wharf belonging to said hospital.

Approved, 1st July, 1836.

CHAP. 249. An ACT to authorize the Shenandoah Bridge Company, at

Harper's Ferry, to erect a bridge on the lands of the United States, aior near the iown of Harper's Ferry.

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(SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Shenandoah bridge company, at Harper's Ferry, be, and they are hereby, authorized to erect a bridge across the river Shenandoah, on the lands belonging to the United States, at or near the town of Harper's Ferry, and to connect the same, by a sufficient road or passway through the said lands, with the road on the east side of the said river, and the main street of the said town; Provided, That in the construction of the said bridge, and Proviso. the road or passway to and from it, the said company shall not, in virtue of this act, interfere with the rights or privileges of any individuals or existing corporation ; And provided, also, That Proviso. the location of the said bridge upon the public lands aforesaid, shall be submitted to and approved by the Secretary of War, prior to the erection thereof.

SECTION 2. And be it further enacted. That on the said terms may ereci a tolland conditions the said Shenandoah bridge company shall be, and they are hereby, empowered to erect a toll-house adjacent to the said bridge on the lands, aforesaid of the United States; Provided, Proviso. That should the said bridge never be constructed, or having been constructed, shall be abandoned, by the said company, the rights vested therein, by this act, shall cease and determine.

Approved, 1st July, 1836.

house.

CHAP. 250. An ACT confirming to the legal representatives of Thomas F.

Reddick, a tract of six hundred and foriy acres of land.

(Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the right, title, claim

and interest, that the United States have in and unto a certain tract or parcel of land, containing six hundred and forty acres, situate on the left bank of the Mississippi river, about eighteen miles above the niouth of the Desmoines river, in fractional township number sixty-six, north of the base line of range number five, west of the fifth principal meridian, in the territory recently attached to the Territory of Michigan, as will more fully appear on reference to the plat of survey, executed by Jenifer T. Sprigg, be, and the same is hereby relinquished to the heirs of Thomas F. Reddick: Provided, nevertheless, Provise If said lands shall be taken by any older or better claim, not emanating from the United States, the Government will not be in

1836. Fromiso.

anywise responsible for any remuneration to said heirs, And provided, also, That should said tract of land be included in any reservation heretofore made under treaty with any Indian tribe, that the said heirs be, and they hereby are authorized to locate the same quantity, in legal divisions or subdivisions, on any unappropriated land of the United States in said Territory subject to entry at private sale.

Approved, 1st July, 1836.

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CHAP. 251. An ACT for the relief of the legal representatives of Michael

Fenwick, deceased. (Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary of the Treasury pay to the legal representa$6,000 to be paid

tives of Michael Fenwick, out of any money not otherwise ap propriated, the sum of five thousand dollars, the value of a dwel ling house occupied by the troops of the United States, during the late war with Great Britain, and destroyed by the enemy, when so occupied, and in consequenee thereof.

Sec. 2. And be it further enacted, That the Third Auditor Testimony to be Laken respecting of the Treasury decide on the testimony that the legal representaorker lows, &c. tives of said Michael Fenwick may produce, as to the occupation of

other buildings of the said Michael Fenwick, by the troops in the service of the United States during the said war, by order of an officer, for military purposes, and as to the destruction of said buildings by the enemy when so occupied, and in consequence thereof, and as to the value of said buildings; and the sum awarded by said Third Auditor, the Secretary of the Treasury is directed to pay to said legal representatives out of any money not otherwise appropriated. Approved, 1st of July, 1836.

CHAP. 252. An ACT 10 authorize and enable the President lo axsert and

prosecute with effect, the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, deceased, to found at Washington, underihe name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men.

[Sec. 1.) Be it enacted, by the Senate and House of Represen

tatives of the United States of America in Congress assembled, May appoint an That the President of the United States be, and he is hereby, sherehe prosecute authorized to constitute and appoint an agent or agents, to assert

and prosecute for and in behalf of the United States, and in their name, or otherwise, as may be advisable, in the Court of Chancery, or other proper tribunal of England, the right of the United States to the legacy bequeathed to them by the last will and testament of James Smithson, late of London, deceased, for the purpose of founding at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men: and to empower such agent or agents, so appointed, to receive and grant acquittances for all such sum or sums of money, or other funds, as may or shall be decreed or adjudged to the United States, for, or on account of, 1936. said legacy

Section 2. And be it further enacted, That the said agent or Agent to give agents shall, before receiving any part of the said legacy,.give a bond or bonds, in the penal sum of five hundred thousand dollars, to the Treasurer of the United States, and his successors in office, with good and sufficient securities to the satisfaction of the Secretary of the Treasury, for the faithful performance of the duties of the said agency, and for the faithful remittance to the Treasurer of the United States, of all and every sum or sums of money, or other funds, which he or they may receive, for payment in whole or in part of the said legacy. And the Treasurer of the United States is hereby authorized and required to keep safely all sums of money or other funds which may be received by him in virtue of the said bequest, and to account therefor separately from all other accounts of his office, and subject to such further disposal thereof as may be hereafter provided by Congress.

SECTION 3. And be it further enacted, That any and all sums of money, and other funds, which shall be received for, or on account of, the said legacy, shall be applied in such manner as Congress may hereafter direct, to the purpose of founding and endowing at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men; to which application of the said moneys, and other funds, the faith of the United States is hereby pledged.

SECTION 4. And be it further enacted, That, to the end that $10,000 w defray the claim to the said bequest may be prosecuted with effect, and the expenses. the necessary expenses in prosecuting the same be defrayed, the President of the United States be, and he is hereby, authorized to apply to that purpose, any sum not exceeding ten thousand dollars, out of any moneys in the Treasury not otherwise appropriated.

Approved, 1st of July, 1836.

CHAP. 253. An ACT to regulate the compensation of certain officers of

revenue Cutters.

(Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of pay, rations, and all other allowances now authorized by law to the captains and first, second, and third lieutenants of the revenue cutters of the United States, there shall be allowed and paid, quarterly, from and after the passage of this act, to each captain, at the rate of twelve hundred dollars per annum ; to each first lieutenant, at the rate of nine hundred and sixty dollars per annum; to each second lieutenant, at the rate of eight hundred and sixty dollars per annum; to each third lieutenant, at uie rate of seven hundred and ninety dollars per

Approved, July 2d, 1836.

annum.

1836.

CHAP. 254. An ACT making appropriations for the suppression of Indian

hostilities and for other purposes.

[Sec. 1.) Be it enacted by the Senate and House of Represen

tatives of the United States of America in Congress assembled, Balance of appro. That the balance of the appropriation of one million of dollars, priation 2000made by the act of April twenty-nine, eighteen hundred and applicable to pay. thirty-six, and now remaining in the Treasury, shall be, and the

same is hereby, made applicable to the payment of any expenditures authorized by the said act, and rendered necessary by the calling out by the President of the United States, of any part of the militia or volunteers of the United States for the suppression

or prevention of any Indian hostilities. $2.400,000 io de. SEC. 2. And be it further enacted, That the sum of two milray expenses &c.lions four 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 Indians, by calling out, under the direction of the President of the United States, any part of the militia or volunteers according to the provisions of the constitution and laws; which sum, if expended shall be expended under the direction of the Secretary of War, conformably to the provisions of the act of Congress of January second, seventeen hundred and ninety-five. of the act of April fifth, eighteen hundred and thirty-two, making appropriations for the support of the army, and of the act of March nineteen, eighteen hundred and thirty-six providing for the payment of volunteers and militia corps in the service of the United States.

Approved, July 2d, 1836.

CHAP. 255. An ACT to grant to the New Orleans and Nashville Rail-road

Company, the right of way through the public lands of the United States.

[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and is hereby granted to the New Orleans and Nashville Rail-road Company incorporated by the several States through which the said road is intended to pass the right of way

through such portion of the public lands as remain unsold, Proviso. Provided That the portion of the public lands occupied there

for, shall not exceed eighty feet in breadth; that the route of the said road shall be surveyed and designated through the public lands, by plain marks, or monuments, and copies of the notes of survey, with a plat or plats thereof, and a description of the said landmarks or monuments and their connection with the prior official surveys of the adjacent lands, be transmitted to the General Land Office in Washington, within sixty days after the said surveys and plats are completed, and that they be completed

within two years from the date of this act. Land for work: Sec. 2. And be it further enacted, That for such depots, wa. shops, &c.

tering places and work-shops as may be essential to the conve

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nient use of the said road ; there shall be also granted to the 1836. said company, such portions of the public land, as they may, under like restrictions and conditions, select, on either side of the said road.-Provided That not more than five acres, to be laid Proviso. off in a square form, shall be selected for such use or purpose, at any one place, Provided, also, That not more than one such Proviso. square shall be granted for every fifteen miles of the said road lying within the public land, And provided moreover That Proviso. such selections, shall be approved by the Secretary of the Treasury for the time being.

Sec. 3. And be it further enacted, That so long as the public Materials may be lands in the vicinity of the said road shall remain unsold, the said company shall have power to take therefrom, such materials of earth, stone, or wood, as may be necessary for the construction of the said road, Provided, That the grants herein contained, Provisó. as well of the use of the public lands, as of the materials for the construction of the said road, shall cease and determine, unless the road be begun within the period of two years from the date of this act, and completed within eight years thereafter. And Proviso. provided, moreover, That if the said road shall, at any time after its completion, be discontinued or abandoned by the said company, the grants, hereby made, shall cease and determine.

Approved, July 2d, 1836.

CHAP. 253. An ACT to renew the gold medal struck and presented to General

Morgan, by order of Congress, in honor of the battle of the Cowpens. [Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in pursuance of the request of Morgan Neville, in his memorial presented at the present session of Congress, the director of the mint, be and he is hereby, authorized and directed to cause to be struck, a gold medal of the intrinsic value of one hundred and fifty dollars, in honor of the battle of the Cowpens, which was fought on the seventeenth day of January, seventeen hundred and eighty-one, to replace the original medal presented by a resolution of the continental Congress, of March ninth, seventeen hundred and eighty-one, to Brigadier General Daniel Morgan; the said medal to be struck from the original die, and delivered, when executed, to the said Morgan Neville, the lineal heir of General Morgan; the expense of the same to be paid out of any money in the Treasury not otherwise appropriated.

Approved, July 2d, 1836.

CHAP.37. An ACT to repair and extend the United States Arsenal at Charles,

ton, South Carolina. (Sec. 1.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby authorized

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