R 1838. For holding a treaty with the Creeks for the purpose of adjusting their claims for property and improvements abandoned Treaty with the or lost in consequence of their emigration West of the Mississippi, two thousand dollars; For payment of the amount of depredations committed by Depredations the Osage and Camanche Indians on the property of the Choc-Chanche Laud taw Indians eight hundred and twenty-five dollars; ans. Indi For expenses of holding a treaty with the Wyandot Indians Treaty with the of the State of Ohio, one thousand five hundred dollars; Wyandots of For payment of the expense of a delegation from the Seneca Visit of a dele. Indians who visited Washington, to protest against the ratifica-gation from the tion of a late treaty entered into with them by a commissioner acting under the authority of the United States, seven hundred eighty-nine dollars and twenty-three cents; For the expenses of the delegation of the Senecas, who visited Washington to urge the ratification of the late treaty with them and the other New York Indians, and the expenses of negotiating that Treaty with the Senecas and the other bands of New York Indians, including all the expenses incident thereto, nine thousand five hundred dollars. Visit of a dele necas. of the Se those Indians the For the expenses of submitting again to those Indians the Resubmitting to Treaty as amended and ratified by the Senate for the purpose treaty as amend of obtaining their assent to the amended Treaty, four thousand ed. dollars. Osages. For holding a treaty with the Osages for the extinguishment Treaty with the of their title to reservations in lands within other tribes and for other purposes two thousand dollars. Fox Indians to For defraying the expenses of fourteen Sac and Fox Indians, Visit of Sac and who were induced to visit Washington by the false representa- Washington. tions of their conductor, two hundred and twenty-one dollars and fifty cents. with the Mia For the purposes of defraying expenses of negotiations with Negotiations the Miami Indians, eight hundred and sixty dollars to be paid mies. to the following persons in the following proportions, to wit: To William Marshall for forty-two days' service as Commis- w. Marshall for sioner, three hundred and thirty-six dollars. service. for service. To Henry L. Ellsworth for fifty-four days' service as Com- H. L. Ellsworth missioner, four hundred and thirty dollars, and to Allen Hamil-A. Hamilton for ton for seventeen days' service as Secretary, one hundred and two dollars. service. Exploring party of Miamies. Temporary sub sistence to cer tain Indians west of the Mississip To defray the expenses of an exploring party of Miamies Indians, the sum of nineteen hundred and ninety dollars. For affording temporary subsistence to such Indians west of the Mississippi, who, by reason of their recent emigration or the territorial arrangements incident to the policy of setting pi apart a portion of the public domain west of the Mississippi, for the residence of all the tribes residing east of that river, as are unable to subsist themselves, and for the expenses attending the distribution of the same, one hundred and fifty thousand dollars, to be expended under the direction of the Secretary of War. Approved, July 7th, 1838. 1838. requires the Sec. the laws record CHAP. 187. An ACT to repeal, in part, the act entitled " An act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress as So much of act sembled, That so much of the act entitled "An act to provide Sept. 15, 1789 as for the safe keeping of the acts, records, and seal of the United of State to have States, and for other purposes," approved fifteenth of Septemed, repealed. ber, one thousand seven hundred and eighty-nine, as directs the Secretary of State to cause to be recorded, in his office, the acts and resolutions of Congress, be, and the same is hereby, repealed. Approved, July 7th, 1838. Preamble. land in East Flo CHAP. 188. An ACT to encourage the introduction and promote the cultivation of tropical plants in the United States. Whereas in obedience to the Treasury circular of the sixth of September, eighteen hundred and twenty-seven, Doctor Henry Perrine, late American Consul at Campeachy, has distinguished himself by his persevering exertions to introduce tropical plants into the United States: and whereas he has demonstrated the existence of a tropical climate 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 southwestern States, especially of such profitable plants as propagate themselves on the poorest soils; and whereas, if the enterprise should be successful, it will render valuable our hitherto worthless soils, by covering them with a dense population of small cultivators and family manufacturers, and will thus promote the peace, prosperity, and permanency of the Union: Therefore, [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress asA township of sembled, That a township of land is hereby granted to Doctor rida granted to Henry Perrine and his associates, in the southern extremity of Dr. H. Perrine the peninsula of East Florida, to be located in one body of six miles square, upon any portion of the public lands below twentysix degrees north latitude. and his associ ates To be located and surveyed by Florida. SEC. 2. And be it further enacted, That the said tract of within two years, land shall be located within two years from this date, by said the surveyor of Henry Perrine, and shall be surveyed under his direction, by the surveyor of Florida, Provided, That it shall not embrace any land having sufficient quantities of naval timber to be reserved to the United States, nor any sites for maritime ports or cities. shall issue to H. When a patent SEC. 3. And be it further enacted, That whenever any secPerrine and his tion of land in said tract, shall be really occupied by a bona fide settler, actually engaged in the propagation or cultivation of valuable tropical plants, and upon proof thereof being made to associates. the Commissioner of the General Land Office, a patent shall issue to the said Henry Perrine and his associates. SEC. 4. And be it further enacted, That every section of land 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 offered for sale, shall be forfeited to the United States. Approved, July 7th, 1838. 1838. How and when it shall be for feited to the US. of officers and who the benefits of 7th, 1832, al CHAP. 189. An ACT granting half pay and pensions to certain widows. [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person who served in the war of the Five years pension granted to Revolution, in the manner specified in the act passed the seventh certain widows day of June, eighteen hundred and thirty-two, entitled "An act soldiers supplementary to the act for the relief of certain surviving offi- were entitled to cers and soldiers of the Revolution," have died, leaving a widow, the act of June whose marriage took place after the expiration of the last period though said wiof his service, and before the first day of January, seventeen married." hundred and ninety-four, such widow shall be entitled 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 virtue of said act, if living at the time it was passed: Provided, That Proviso. in the event of the marriage of such widow, said annuity or pension shall be discontinued. dows have since half pay or pen seized or attach cess in law. SEC. 2. And be it further enacted, That no pledge, mort- No pledge, mortgage, sale, assignment, or transfer of any right, claim, or inte- gage, &c. of the rest, in any annuity, half pay, or pension, granted by this act, sion to be valid. shall be valid, nor shall the half pay, annuity, or pension, granted by this act, or any former act of Congress, be liable to Not liable to be attachment, levy, or seizure, by any process in law, or equity, ed by any probut shall enure wholly to the personal 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 administered by the Oath to be taken proper accounting officer, and put on file, that he has no interest before the deliin said money, by any pledge, mortgage, transfer, agreement, rant. understanding, or arrangement, and that he does not know or believe that the same has been so disposed of to any other person. by an attorney very of the war forms to be adopt SEC. 3. And be it further enacted, That the Secretary of Regulations and War shall adopt such regulations and forms of evidence, in re-ed by the Sec. of lation to applications and payments under this act as the Presi- War, under the dent of the United States may prescribe. Approved, July 7th, 1838. direction of the President 1838. CHAP. 190. An ACT making appropriations for certain roads in the Territory of Wisconsin. ard to the North of Illinois. kee to the Missis sippi. souri to the Mis sissippi. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the following sums of money be, and the same are hereby appropriated for the construction of roads in the Territory of Wisconsin, to wit: For the construction of a road From Fort How- from Fort Howard at Green Bay, by Milwaukee and Racine, ern boundary line to the Northern boundary line of the State of Illinois, in the direction of Chicago in that State, to be expended in the Terri tory of Wisconsin, fifteen thousand dollars. For the construc From Milwau- tion of a road from the town of Milwaukee on Lake Michigan, by way of Madison, the permanent seat of Government of the said Territory, to a point opposite the town of Dubuque on the Mississippi river, ten thousand dollars. For the construction of the necessary bridges and removing obstructions in the mail From the north- road from the northern line of Missouri, through the original ern line of Mis- counties of Des Moines and Dubuque, to some suitable point on the Mississippi River between Prairie du Chien and Dubuque, ten thousand dollars. For the completion of the military Fort Crawford road from Fort Crawford, by Winnebago, to Fort Howard at to Fort Howard. Green Bay, five thousand dollars. The said roads shall be constructed under the direction of the Secretary of War, pured under direc-suant to contracts to be made by him: Provided always, That nothing contained in this act shall be so construed as to imply Proviso. that the United States are pledged or in any manner bound to make any appropriation in future, to make, or construct, said Survey for im- roads, or any part or portion of them. For the survey, with provement of na: the view to the improvement of the navigation of Rock river, from the Illinois line, as far up the same as the contemplated point of intersection with the Milwaukee and Rock river canal, and also of the Haven of the said river, next below Lake Kushkenong to Madison, the seat of Government of the Territory of Wisconsin, a sum not exceeding one thousand dollars. Survey of Des For the survey of the Des Moines and Iowa rivers, with a view Moines and lows to the improvement of their navigation, a sum not exceeding Survey and es- one thousand dollars. For a survey and estimate of the cost of a railroad from of a railroad from Milwaukee to Dubuque, a sum not exceed Dubuque. 'ing two thousand dollars. To be construct tion of the Sec. of War. vigation of Rock river. rivers. timate of the cost Milwaukee to Approved, July 7th, 1838. boats to make a CHAP. 191. An ACT to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam. [SEC. 1.] Be it enacted, by the Senate and House of Repre sentatives of the United States of America in Congress asOwners of steam-sembled, That it shall be the duty of all owners of steamboats, enrolment or vessels propelled in whole or in part by steam, on or before the first day of October, one thousand eight hundred and thirtyeight, to make a new enrolment of the same, under the existing laws of the United States, and take out from the collector or new and take out a new license. surveyor of the port, as the case may be, where such vessel is enrolled, a new licence, under such conditions as are now imposed by law, and as shall be imposed by this act. 1838. or merchandise, or passengers, without a new li SEC. 2. And be it further enacted, That it shall not be law- Shall not transful for the owner, master, or captain of any steamboat or vessel port goods, wares, propelled in whole or in part by steam, to transport any goods, wares, and merchandise, or passengers, in or upon the bays, cense. lakes, rivers, or other navigable waters of the United States, from and after the said first day of October, one thousand eight hundred and thirty-eight; without having first obtained, from the proper officer, a license under the existing laws, and without having complied with the conditions imposed by this act; and for each and every violation of this section, the owner or owners, For every vioof said vessel shall forfeit and pay to the United States the sum tion the owner or of five hundred dollars, one-half for the use of the informer; and feit $500. for which sum or sums the steamboat or vessel so engaged shall How be liable, and may be seized and proceeded against summarily, by way of libel, in any district court of the United States having jurisdiction of the offence. lation of this sec owners shall for able. recover appoint personsto ers and machi tions and duties. SEC. 3. And be it further enacted, That it shall be the duty District judge to of the district judge of the United States, within whose district inspect the boilany ports of entry or delivery may be, on the navigable waters, nery. bays, 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 in- Their qualifica spections of such boats and vessels, and of the boilers and machinery employed in the same, who shall not be interested in the manufacture of steam engines, steamboat boilers, or other machinery belonging to steam vessels, whose duty it shall be to make such inspection when called upon for that purpose, and to give to the owner or master of such boat or vessel duplicate certificates of such inspection; such persons, before entering upon the duties enjoined by this act, shall make and subscribe an oath or affirmation before said district judge, or other officer duly authorized to administer oaths, well, faithfully, and impartially to execute and perform the services herein required of them. hulls, to give the a certificate, stat boat, &c. SEC. 4. And be it further enacted, That the person or per- Inspectors of the sons who shall be called upon to inspect the hull of any steam-owners or masters boat or vessel, under the provisions of this act, shall, after a ing the age of the thorough examination of the same, give to the owner or master, as the case may be, a certificate, in which shall be stated the age of the said boat or vessel, when and where originally built, and the length of time the same has been running. And he or they shall also state whether, in his or their opinion, the said Also a certifi boat or vessel is sound, and in all respects seaworthy, and fit to soundness of the be used for the transportation of freight or passengers; for which service, so performed upon each and every boat or vessel, the inspectors shall each be paid and allowed by said master or owner or master owner applying for such inspection, the sum of five dollars. cate as to the vessel. For which the shall pay $5 to each inspector. |