33D CONG....2D SESS.

APPROVED, February 10, 1855.

The judge of the northern district of Florida, two thousand two hundred and fifty dollars.

enet.

APPROVED, February 13, 1855.

PUBLIC, XXIX.-An Act to amend "An act making Appropriations for the Improvement of certain Harbors and Rivers," approved August thirtieth, cighteen hundred and fifty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the section reading as follows: "For reopening a communication between Albemarle Sound, North Carolina, and the Atlantic ocean, by the construction of a breakwater across Croatan Sound, fifty thousand dollars," be amended by striking out the words "by the construction

of a breakwater across Croatan Sound." APPROVED, February 14, 1855.

PUBLIC, XXX.-An Act for the Construction of a

Military Road in Oregon Territory.

sentatives of the United States of America in Congress Be it enacted by the Senate and House of Repreassembled, That the sum of thirty thousand dollars be, and the same is hereby, appropriated for the construction of a military road from Astoria to Salem, in the Territory of Oregon; the said road to be constructed under the direction of the Secretary of War, pursuant to contracts to be made by him.

APPROVED, February 17, 1855.

PUBLIC, XXXI.-An Act making an Appropriation for a Territorial Road in the Territory of Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of constructing a territorial road from a point on the Missouri river, (opposite the city of Council Bluffs,) in the Territory of Nebraska, to New Fort Kearny, in said Territory, there be, and hereby is, appropriated the sum of fifty thousand dollars.

APPROVED, February 17, 1855.

PUBLIC, XXXII.—An Act for the erection of a Military Post on or near the Pembina River, in the Territory of Minnesola, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five thousand dollars, out of any money in the Treasury not otherwise appropriated, be, and the same is hereby, appropriated, to be expended under the direction of the Secretary of War, for the erection of a military post in the Territory of Minnesota, on the line of forty-nine degrees north latitude, on or near the Pembina river.

SEC. 2. And be it further enacted, That for the establishment of military posts in the Territories of Kansas and Nebraska, at such points in said Territories as the Secretary of War may designate, the sum of ten thousand dollars be, and the same is hereby, appropriated.

APPROVED, February 17, 1855.

PUBLIC, XXXIII.-An Act to regulate the Salaries of the District Judges of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the judges of the district courts of the United States shall receive, as compensation for their services, the following yearly salaries, to

The judges of the districts of Georgia, South Carolina, eastern district of Virginia, northern district of New York, northern and southern districts of Alabama, two thousand seven hundred and fifty dollars.

The judges of the districts of Maryland, Massachusetts, eastern district of Pennsylvania, southern district of Florida, and southern district of California, three thousand dollars.

The judge of the eastern district of Louisiana, three thousand five hundred dollars.

three thousand seven hundred and fifty dollars. The judge of the southern district of New York, five thousand dollars, The judge of the northern district of California,

APPROVED, February 17, 1855.

PUBLIC, XXXIV-An Act making an Appropriation for completing the Public Buildings of Oregon Territory, and Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of sixty-seven thousand appropriated, out of any unappropriated money dollars be, and the same is hereby, granted and in the Treasury, to defray the expenses of completing the public buildings in the Territory of Oregon, which are now commenced and partially completed.

SEC. 2. And be it further enacted, That of the said sum of sixty-seven thousand dollars the sum of forty thousand dollars shall be expended, according to the provisions of the act of the Legislative Assembly relating to the public buildings of the Territory, in completing the penitentiary; and the sum of twenty-seven thousand dollars shall be expended, according to the provisions of said act, in completing the State-House, or house for the meeting of the Legislative Assembly: Provided, The commissioners elected to superintend the erection of said buildings shall cause the said money to be so expended as to insure the completion of said buildings without additional expense to the United States.

SEC. 3. And be it further enacted, That the sum of eleven thousand five hundred dollars be, and the same is hereby, appropriated to complete the [the] territorial capitol, and build a work-shop for the territorial prison in the Territory of Minnesota, in accordance with estimates made by the agent appointed by the Secretary of the Treasury, said sum to be expended under the direction of the Secretary of the Treasury.

APPROVED, February 17, 1855.

PUBLIC, XXXV.—An Act to establish an additional

Land District in the Territory of Oregon. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the land lying south of the fourth standard parallel, in the Territory of Oregon be, and the same is hereby, created a new land district, to be called the Umpqua district; the land office for which shall be established at such place within said district as the President shall from time to time direct, and the officers for which shall be appointed in the same manner, and have the compensation, powers, duties, obligations, and responsibilities that are prescribed in the sixth section of the act approved July seventeen, eighteen hundred and fifty-four, entitled "An act to amend the act approved September twenty-seven, eighteen hundred and fifty, to create the office of surveyor general of the public lands in Oregon," &c.: Pro

vided, however, That this act shall not go into effect until three months after its passage.

SEC. 2. And be it further enacted, That the district lying north of the fourth standard parallel in said Territory shall be known as the Willamette land district.

APPROVED, February 17, 1855.

Public, XXXVI.—An Act making Appropriations for improving certain Military Roads in the Territory of Minnesota.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums of money be, and they are hereby, appropriated, for improving certain military roads in the Territory of Minnesota, to wit:

For cutting out the timber on the territorial road from the Falls of St. Anthony to Fort Ridgely, five thousand dollars.

For cutting out the timber on the road from Fort Ripley, via Crow Wing river, to the point where said road intersects the main road leading to the Red river of the north, ten thousand dollars. The aforesaid sums to be expended under the direction of the Secretary of War.

APPROVED, February 17, 1855.

PUBLIC, XXXVII-An Act to provide for the accommodation of the Courts of the United States for the District of Maryland, and for a Post Office af Baltimore City, Maryland.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be authorized to procure, or cause to be procured, a suitable site or sites for a building or buildings for a court-house and post office in the city of Baltimore; and that he prepare and submit to Conbuildings on such site or sites, together with the gress, at as early a day as practicable, plans and estimates for the construction of a building or estimates for fitting up or furnishing the same for the purposes indicated. And if a building or buildings should be on such site or sites which can be remodeled or changed so as to answer the purposes indicated in the title of this bill, he shall submit to Congress plans and estimates for such alterations; and also estimates for fitting up or furnishing such building or buildings: Provided, That any contract or contracts he may make for any such site or sites shall be conditional and made subject to the approval of Congress.

APPROVED, February 17, 1855.

PUBLIC, XXXVIII.-An Act authorizing the construction of a Line of Telegraph from the Mississippi or Missouri Rivers to the Pacific Ocean.. Be it enasted by the Senate and House of Representatives of the United States of America in Congress assembled, That Hiram O. Alden and James Eddy, their associates and assigns, are hereby authorized and empowered to construct, at their own expense, a line of telegraph, from such point on the Mississippi or Missouri river as they may hereafter select, through the public lands belonging to the United States, over which lands the right of way, two hundred feet in width, for that purpose is hereby granted, to San Francisco, in California, in as direct a line as practicable.

SEC. 2. And be it further enacted, That all voluntary or intentional injuries to said line of telegraph, or to any property thereto belonging, within the Territories of the United States, shall be deemed, and are hereby declared to be willful and malicious trespasses, and shall be punished as such, and all laws of the United States now in force in any Territory thereof, or which may hereafter be enacted for the better security and protection of property, and applicable to such offenses, shall be, and they are hereby, extended, for the protection of said line of telegraph, into and over all the territory belonging to, and under the jurisdiction of, the United States, through which the same may be constructed; and all legal process and proceedings for the detection and punishment of the aforesaid offenses shall be within the jurisdiction of the courts, and shall be issued and executed by the proper law officers in the States or organized Territories.

APPROVED, February 17, 1855.

a Register to the Russian-built Ship Aina. 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 be, and is hereby, authorized and directed to admit t register the Russian-built ship Aina, under the name of St. Andrew, said ship having been libeled and sold by the United States marshal to Christian F. Funch and Andrew F. Meinche, of the State and city of New York, her present owners. APPROVED, February 21, 1855.

PUBLIC, XL.-An Act to establish the Office of Surveyor General of Utah, and to grant Land for School and University purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President, by and with the advice and consent of the Senate, shall be, and he is hereby, authorized to appoint a surveyor general for Utah, whose annual salary shall be three thousand dollars, and whose power, authority, and duties shall be the same as those provided by law for the surveyor general of Oregon, prior to the act of July seventeen, eighteen hundred and fifty-four; and he shall locate his office from time to time at such places as may be directed by the President of the United States.

SEC. 2. And be it further enacted, That when the lands in said Territory shall be surveyed under

the direction of the Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be created out of the same.

SEC. 4. And be it further enacted, That there shall be held at the city of Cleveland, in the State of Ohio, on the third Tuesday in March, this year, a special term of the district court of the United States for the northern district of Ohio, and also a special term of the circuit court of the United States for said district, at which terms respectively any business may be transacted which might, under existing laws, be transacted at any regular

term.

APPROVED, February 21, 1855.

PUBLIC, XLII.-An Act to establish a Court for the Investigation of Claims against the United States. sentatives of the United States of America in Congress Be it enacted by the Senate and House of Repreassembled, That a court shall be established, to be called a court of claims, to consist of three judges, advice and consent of the Senate, and to hold their to be appointed by the President, by and with the offices during good behavior; and the said court shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an executive department, or upon any contract, United States, which may be suggested to it by a express or implied, with the Government of the petition filed therein; and also all claims which may be referred to said court by either House of Congress. It shall be the duty of the claimant in all cases to set forth a full statement of the claim, and of the action thereon in Congress, or by any specifying, also, what person or persons are owners of the Departments, if such action has been had;|| thereof or interested therein, and when and upon what consideration such person or persons became so interested. Each of the said judges shall receive a compensation of four thousand dollars per annum, payable quarterly, from the Treasury of the United States, and shall take an oath to sup

discharge faithfully the duties of his office.

SEC. 4. And be it further enacted, That full power and authority are hereby given to the Secretary of the Interior to issue all needful rules and regulations for fully carrying into effect the several pro

visions of this act.

APPROVED, February 21, 1855.

PUBLIC, XLI.-An Act to provide for holding an additional Term of the Circuit Court of the United States for the District of Missouri, and for holding Special Terms of the District and Circuit Courts of the United States for the Northern District of Ohio. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the district judge of the United States for the district of Missouri to hold, at the city of St. Louis, on the first Monday in October in every year, a term of the circuit court of the United States for said district, at which term any business may be transacted which might be transacted at the April term of said court.

SEC. 2. And be it further enacted, That the United States circuit court for said district shall have power, at any time, to order an adjourned term of said court to be held at any other time, at which adjourned term any business may be transacted which could be transacted at any regular term. A copy of said order shall be posted on the door of the court room, and advertised in some newspaper printed in the city of St. Louis twenty days, at least, before said adjourned term shall be holden. SEC. 3. And be it further enacted, That the district judge for said district may order a special term or terms of said circuit court, to be holden at St. Louis on any day mentioned in said order, at which special term any business may be transacted which might be transacted at any regular term of said court, and shall cause the copy of said order to be posted up and published as aforesaid. He may also rescind any such order, made either in term time or vacation, or fix a different day for

the same is hereby authorized and required to administer an oath or affirmation to the witnesses brought before him for examination.

SEC. 4. And be it further enacted, That in all cases where it shall appear to the court that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not be the duty of the court to authorize the taking of any testimony in the case until the same shall have been reported by them to Congress, as is hereinafter provided: Provided, however, That if Congress shall, in such case, fail to confirm the opinion of said board, they shall proceed to take the testimony in such case.

testimony to be used in support of any claim beSEC. 5. And be it further enacted, That in taking fore said court, opportunity shall be given to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe, and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations.

SEC. 6. And be it further enacted, That if any person shall knowingly and willfully swear falsely before said court, or before any person or persons commissioned by them, or authorized by this act to take testimony in a case pending before said court at the time of taking said oath, or in a case thereafter to be submitted to said court, such person shall be deemed guilty of perjury, and, on conviction thereof, shall be subjected to the same pains, penalties, and disabilities which now are, or shall be hereafter, by law prescribed for willful and corrupt perjury.

SEC. 7. And be it further enacted, That said court shall keep à record of their proceedings, and shall, at the commencement of each session of Congress, and at the commencement of each month during the session of Congress, report to Congress the cases upon which they shall have finally acted, stating in each the material facts which they find established by the evidence, with their opinion in the case, and the reasons upon which such opinion is founded. Any judge who may dissent from the opinion of the majority shall append his reasons for such dissent to the report; and such report, together with the briefs of the

solicitor and of the claimant, which shall accom

SEC. 2. And be it further enacted, That a solicitor for the United States, to represent the Government before said court, shall be appointed by the President, by and with the advice and consent of the Senate. It shall be the duty of the said solicitor to prepare all cases on the part of the Gov-pany the report, upon being made to either House ernment for hearing before said court, and to argue the same when prepared; to cause testimony to be taken, when necessary to secure the interest of the United States; to prepare forms, file interrogatories, and superintend the taking of testimony in the manner prescribed by said court, and generally to render such services as may be required of him, from time to time, in the discharge of the duties of his office. Said solicitor shall be sworn to faithful discharge of the duties of his office, in the manner prescribed for the qualification of the judges in the first section of this act; and he shall receive a compensation of three thousand five hundred dollars per annum for his services, to be paid quarterly from the Treasury of the United States.

SEC. 3. And be it further enacted, That the said court shall have authority to establish rules and regulations for its government; to appoint commissioners to take testimony to be used in the investigation of claims that may come before it; to prescribe the fees they shall receive for their services; and to issue commissions for the taking of such testimony, whether the same shall be taken at the instance of the claimant or of the United States, and also to issue subpenas to require the attendance of witnesses in order to be examined before such commissioners; which subpenas shall have the same force as if issued from a district court of the United States, and compliance therewith shall be compelled under such rules and orders as the court hereby created shall establish. When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant; and when taken at the instance of the Government, such fees, together with all postage incurred by the solicitor aforesaid, in his official capacity, shall be paid out of the contingent fund provided for said court. In all cases, when it can be conveniently done, the testimony shall be taken in the county where the deponent resides; and the commissioner taking

of Congress, shall be printed in the same manner as other public documents. And said court shall prepare a bill or bills in those cases which shall have received the favorable decision thereof, in such form as, if enacted, will carry the same into effect. And two or more cases may be embraced in the same bill, where the separate amount proposed to be allowed in each case shall be less than one thousand dollars. And the said court shall transmit with said reports the testimony in each case, whether the same shall receive the favorable

or adverse action of said court.

SEC. 8. And be it further enacted, That said reports, and the bills reported as aforesaid, shall, if not finally acted upon during the session of Congress to which the said reports are made, be continued from session to session, and from Congress to Congress, until the same shall be finally acted upon, and the consideration of said reports and bills shall, at the subsequent session of Congress, be resumed, and the said reports and bills be proceeded with in the same manner as though finally acted upon at the session when presented.

SEC. 9. And be it further enacted, That the claims reported upon adversely shall be placed upon the Calendar when reported, and if the decision of said court shall be confirmed by Congress, said decision shall be conclusive; and the said court shall not, at any subsequent period, consider said claims unless such reasons shall be presented to said court as, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial.

SEC. 10. And be it further enacted, That it shall be the duty of the Speaker of the House of Representatives, within a reasonable time after the passage of this act, to appropriate such rooms in the Capitol at Washington, for the use of said court, as may be necessary for their accommodation, unless it shall appear to the Speaker that such rooms cannot be appropriated without interfering with the business of Congress; and in that event

cial districts of the State of Florida and the judges thereof, so far forth as the same can be applied to the said districts and judges; and that the designation and appointment of either of the said judges to hold the courts in the district of the other, in consequence of the sickness or disability of such other judge, may be made either by the Chief Justice of the United States or by the circuit judge of an adjoining circuit on such certificate as is required by the act aforesaid: Provided, however, That a written certificate of the judge of either of said districts, certifying that he is unable, from sickness or physical inability, to hold any regular term, or adjourned or extra term, of the courts appointed to be holden in his district, and requesting the judge of the other district to hold the same, shall, when filed in the clerk's office of the place where such term of the court is to be holden, be sufficient to authorize the said judge of the other district to hold said courts, and shall confer upon him all the powers and privileges granted by the aforesaid act to judges designated and appointed by a circuit judge or the Chief Justice of the United States in pursuance of the provisions of said act. APPROVED, February 24, 1855.

the said court shall procure, at the city of Wash-hereby declared to be, applicable to the two judiington, such rooms as may be necessary for the convenient transaction of their business. SEC. 11. And be it further enacted, That said court shall have power to call upon any of the Departments for any information or papers it may deem necessary, and have the use of all recorded and printed reports made by the committees of each House, when deemed to be necessary in the prosecution of the duties assigned by this act. Said court shall appoint a clerk, whose salary shall be two thousand dollars per annum, and an assistant clerk, if deemed necessary, whose salary shall be fifteen hundred dollars, and a messenger, whose salary shall be eight hundred dollars per annum, to be paid quarterly at the Treasury. The said clerks shall be under the direction of said court in the performance of their duties, and for misconduct or incapacity may be removed from office by it; but, when so removed, said board shall make report thereof, with the cause of such removal, to Congress, if in session, or at the next session of Congress. Said clerk and assistant clerk shall take an oath for the faithful discharge of their duties: Provided, That the head of no Department shall answer any call for information or papers if, in his opinion, it would be injurious to the public interest.

APPROVED, February 24, 1855.

PUBLIC, XLIII.-An Act concerning the Apprehension and Delivery of Deserters from Foreign Vessels in the Ports of the United States.

PUBLIC, XLVI.-An Act making Appropriations for the payment of Invalid and other Pensions of the United States for the year ending the thirtieth of June, one thousand eight hundred and fifty-six, and for other purposes.

Be it enacted by the Senate and House of RepreBe it enacted by the Senate and House of Representatives of the United States of America in Congress sentatives of the United States of America in Congress assembled, That the following sums be, and the assembled, That the commissioners who now are, same are hereby, appropriated, out of any money or hereafter may be, appointed by the circuit in the Treasury not otherwise appropriated, for courts of the United States to take acknowledg- the payment of pensions for the year ending the ments of bail, and for other purposes, may and thirtieth of June, one thousand eight hundred and shall exercise all the powers conferred on any court, judge, or other magistrate, by the act approved the second day of March, one thousand eight hundred and twenty-nine, entitled "An act to provide for the apprehension and delivery of deserters from certain foreign vessels in the ports of the United States."

APPROVED, February 24, 1855.

PUBLIC, XLIV.-An Act to establish an additional Land District in the State of Wisconsin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the present Willow river land district, in the State of Wisconsin, lying north of the line dividing townships forty and forty-one, (or fourth correction line,) be, and the same is hereby, created a land district, to be called the Fond du Lac District; the office for which shall be located at such place therein as the President may, from time to time, direct.

SEC. 2. And be it further enacted, That there shall be appointed by the President, by and with the advice and consent of the Senate, a register and a receiver for said district, who shall, respectively, be required to reside at the site of the office, be subject to the same laws, and entitled to the same compensation as is, or may hereafter be, prescribed by law in relation to other land offices of the United States.

SEC. 3. And be it further enacted, That the sales shall continue at the Willow river district till the land officers for that district are notified that the officers for the district created by this act are prepared to enter on their duties; and in all cases hereafter, the salaries of land officers shall commence only from the time they enter on the dis

charge of their duties.

APPROVED, February 24, 1855.

fifty-six:

For invalid pensions, under various acts, five

hundred and fourteen thousand six hundred dollars.

For pensions to widows and orphans, under acts of the fourth of July, one thousand eight hundred and thirty-six, and twenty-first of July, one thousand eight hundred and forty-eight, seventyeight thousand one hundred and fifty dollars.

For pensions under special acts of Congress, nine thousand seven hundred and fifty dollars.

For pensions to widows, under acts of the seventeenth of June, one thousand eight hundred and forty-four, second of February and twenty-ninth July, one thousand eight hundred and forty-eight, three hundred and thirty-eight thousand dollars.

For pensions and half-pay to widows and orphans, under act of the third of February, one thousand eight hundred and fifty-three, four hundred and fifty-six thousand dollars.

SEC. 2. And be it further enacted, That any moneys appropriated by the act of thirty-first May, eighteen hundred and fifty-four, to supply deficiencies for the fiscal year ending the thirtieth of June, eighteen hundred and fifty-four, applicable to the payment of pensions of invalids who were wounded on board of private-armed vessels during the last war with Great Britain, not required under the provisions thereof, may be applied to the same purpose for the year ending the thirtieth of June, eighteen hundred and fifty-five.

SEC. 3. And be it further enacted, That the widows of the officers, non-commissioned officers, marines, or mariners, who served in the Navy of the United States during the revolutionary war, and who were married since the first day of Jan

uary, eighteen hundred, shall be entitled to pen

sions in the same manner and to the same extent as the widows of the officers and soldiers of the army of the Revolution, under the second section of the act of February third, eighteen hundred and fifty-three.

APPROVED, February 28, 1855.

PUBLIC, XLVII.—An Act to promote the Efficiency of the Navy.

PUBLIC, XLV.-An Act to provide for holding the United States Courts in the Northern and Southern Districts of Florida in case of the sickness or disability of either of the Judges of those Districts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the provisions of the act of Congress approved the twenty-ninth of July, eigh-sentatives of the United States of America in Congress teen hundred and fifty, entitled "An act to provide for holding the courts of the United States in case of the sickness or other disability of the judges of the district courts," shall be, and are

Be it enacted by the Senate and House of Repre

assembled, That as soon as practicable after the passage of this act, the President of the United States shall cause a board of naval officers to be assembled, to consist of five captains, five com

manders, and five lieutenants, which board, under such regulations as the Secretary of the Navy may prescribe, shall make a careful examination into the efficiency of the officers of the grades hereinafter mentioned, and shall report to the Secretary of the Navy the names and rank of all officers of the said grades who, in the judgment of said board, shall be incapable of performing promptly and efficiently all their duty both ashore and afloat, and whenever said board shall believe that said incompetency has arisen from any cause implying sufficient blame on the part of the officer to justify it, they shall recommend that his name be stricken altogether from the rolls. Vacancies occurring in said board shall be filled by the Secretary of the Navy, who shall preserve the number and grades of its officers, as aforesaid: Provided, That no officers upon said board shall examine into, or report upon, the efficiency of officers of a grade above them.

SEC. 2. And be it further enacted, That all officers who shall be found by the said board incapable of performing the duties of their respective offices, ranks, or grades, shall, if such finding be approved by the President, be dropped from the rolls, or placed, in the order of their rank and seniority at the time, upon a list in the Navy Register, to be entitled the "reserved list," and those so placed on the reserved list shall receive the leaveof-absence pay or the furlough pay to which they may be entitled when so placed, according to the report of the board and approval of the President, and shall be ineligible to further promotion, but shall be subject to the orders of the Navy Depart ment at all times for duty; and vacancies created reserved list, shall be filled by regular promotion in the active-service list by placing officers on the in the order of rank or seniority. And officers by the reserved list shall, while unemployed, rewho may be promoted to fill the vacancies created orders" pay to which they would have been enceive only the "leave-of-absence" or "waitingtitled if such promotion had not been made; but when employed at sea, or on other duty, they shall receive, in addition to such "leave-of-absence" or "waiting-orders" pay, the difference between the "waiting-orders" or "leave-of-absence" pay and the lowest sea-service pay of the grade to which scrutiny and reservation of officers shall extend they may be so promoted: Provided, That this only to the grades of captain, commander, lieutenant, masters, and passed midshipmen: And provided further, That all vacancies occurring in the grade of masters shall be filled by the promotion of the senior passed midshipmen, to be entitled masters in the line of promotion, who when promoted shall receive the pay allowed by law to masters; that the number of masters in the line of promotion shall not exceed sixty, and that nothing in this act contained shall be held or construed to said grades, or of the naval service, as now allowed authorize any increase of the aggregate pay of the by law.

in this act contained shall be construed to restrict, SEC. 3. And be it further enacted, That nothing apply to, or impair the regular promotion of offi cers in the service list of the Navy who may be at any time entitled to promotion, consequent upon deaths, dismissals, or resignations, in the naval service, nor in any manner to abridge or impair the right of the Secretary of the Navy to place any officers upon furlough.

SEC. 4. And be it further enacted, That nothing in this act shall be so construed as to increase the aggregate number of officers, and that all laws, or provisions of this act, are hereby repealed. clauses of laws, so far as they conflict with the

APPROVED, February 28, 1855.

33D CONG....2D SESS.

dient, at Proctor's Landing, at the terminus of the Mexican Gulf railway, in the State of Louisiana. APPROVED, February 28, 1855.

PUBLIC, XLIX.-An Act to provide for the Payment of such Creditors of the late Republic of Texas as are comprehended in the act of Congress of September nine, eighteen hundred and fifty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of the sum of five millions of dollars, payable to the State of Texas in five per cent. stock of the United States, by the act entitled "An act proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by the said State of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico," passed September ninth, eighteen hundred and fifty, the issuing of which stock was restricted by the first proviso to the fifth proposition contained in the first section of said act, the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the creditors of the late Republic of Texas, who hold such bonds, or other evidences of debt for which the revenues of that Republic were pledged, as were reported to be within the provisions of the said act of September the ninth, eighteen hundred and fifty, by the report of the late Secretary of the Treasury to the President of the United States, and approved by him on the thirteenth day of September, eighteen hundred and fifty-one, or which come within the provisions of said act, according to the opinion upon the Texas compact of the present Attorney General of the United States, addressed to the Secretary of the Treasury, under date of September twenty-sixth, eighteen hundred and fifty-three, the sum of seven millions seven hundred and fifty thousand dollars, to be apportioned among the said holders pro rata: Provided, That the interest on the debt embraced in this act shall be determined by the existing laws of the State of Texas.

SEC. 2. And be it further enacted, That in all cases where the State of Texas may have paid any portion of the debt described in this act, the said Secretary shall refund to the proper officer of said State the amount actually so paid by the State upon the presentation at the Treasury Department of the evidences of said debt, on which the said State may have made such payment: Provided, The said sum shall not exceed the proportion which would have been allowed to the creditor or creditors, if such payment on said evidences of debt had not been made by the State of Texas; and where the said sum that may be refunded to the State of Texas by the provisions of this section is less than the proportion which would have been allowed under this act to the holders of such evidences of debt, had such payment not been made them, such holders shall be entitled to receive the difference between said sum and the proportion they would have received under this act if no payment had been made them; and where any original certificates or other evidences of debt have been surrendered to the authority of the State of Texas, and new certificates issued therefor by said State of Texas, such new certificate shall be received as evidences of the original amount of the claim.

SEC. 3. And be it further enacted, That no payment shall be made under this act to any holder of said securities, or evidences of debt, unless the said holder shall first execute to the United States a receipt for the said payment, in which said holder shall forever release all claim against the United States for or on account of the said securities, or evidences of debt; also similar releases, to said State of Texas, and the said certificates, or other evidences of debt, shall then be deposited with the Treasury Department.

SEC. 4. And be it further enacted, That before payment of the moneys aforesaid, the Secretary of the Treasury shall give notice, by public advertisement, for the space of ninety days, of the time at which said payment will be made; and no pay.|| ment shall be made on any bond, certificate, or evidence of debt, which shall not, thirty days before the time limited by said notice, be presented at the Treasury Department.

SEC. 5. And be it further enacted, That the sum

Laws of the United States.

of seven millions seven hundred and fifty thousand dollars be, and the same is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act.

SEC. 6. And be it further enacted, That this act shall not take effect until it shall be assented to by an act of the Legislature of the State of Texas, and a copy of the act of said State duly authenticated, deposited in the Treasury Department at Washington, nor until the Legislature of the State of Texas shall pass an act withdrawing and abandoning all claims and demands against the United States, growing out of Indian depredations or otherwise.

APPROVED, February 28, 1855.

PUBLIC, L.-An Act to confirm the Canal Selections in the State of Ohio.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress of Ohio for canal purposes under the act of second assembled, That the selections of land by the State March, eighteen hundred and twenty-seven, and twenty-fourth May, eighteen hundred and twentyeight, be, and the same are hereby, confirmed. APPROVED, March 2, 1855.

PUBLIC, LI.-An Act extending in certain cases the provisions of the act entitled "An act to extend Preemption Rights to certain Land therein mentioned," approved March third, eighteen hundred and fifty-three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of preemption granted by the act of third March, eighteen hundred and fifty-three, entitled "An act to extend preemption rights to certain lands therein mentioned," shall be, and the same is hereby, xtended so that the settler, or occupant on the Maison Rouge grant and the De Bastrop grant, entitled to the benefits of said act, shall be entitled to enter, at the minimum price, every quarter-quarter subdivision, on which he has made improvements: Provided, however, That where any part of the improvements of two or more settlers or occupants is on the same quarterquarter section, the same shall be entered in their joint names, and their rights shall be proportion ate to the extent and value of their improvements thereon.

APPROVED, March 2, 1855.

PUBLIC, LII.-An Act to amend the act approved twenty-sixth August, eighteen hundred and fiftytwo, entitled "An act to reduce and define the Boundaries of the Military Reserve at Saint Peter's River, in the Territory of Minnesota," and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved twenty-sixth August, eighteen hundred and fifty-two, to reduce and define the boundaries of the military reserve at Saint Peter's river, in the Territory of Minnesota," shall be, and the same is hereby, amended, so that the lands authorized to be sold at public sale by that act shall be subject to the operations of the laws regulating the sale and disposition of the public lands: Provided, however, That where any of said lands are claimed by preemption, under settlement and cultivation made prior to the passage of this act, proof and payment shall be made within three months after its passage; and where any of said lands come within the provisions of the act of twenty-third May, eighteen hundred and forty-four, for the relief of the citizens of towns upon the lands of the United States, under certain circumstances, such proof and payment shall also be made within three months after the passage of this act; and in either case, if the entries are not made within that time, the claim shall be forfeited: Provided further, That where two or more persons are settled upon the same legal subdivision, they shall be permitted to enter it jointly—the right of each to be in proportion to the extent of his improvements.

SEC. 2. And be it further enacted, That the Rev. E. G. Gear shall be, and he is hereby, authorized to enter lots numbers one and two and the west half of the northeast quarter of section four, in

township twenty-eight north, of range twenty-four west, of the fourth principal meridian, in the Minneapolis district, at one dollar and twenty-five

cents per acre.

APPROVED, March 2, 1855.

PUBLIC, LIII.-An Act to provide a more Efficient Discipline for the Navy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, it shall be the duty of every commanding officer of any of the vessels of the Navy, on returning from a cruise, to forward, immediately on his arrival in port, to the Secretary of the Navy, a list of the names of such of the crew who enlisted for three years as in his opinion, on being discharged, are entitled to an "honorable discharge," as a testimonial of fidelity and obedience; and that he shall grant the same to such, according to the form to be prescribed by the Secretary of the Navy.

SEC. 2. And be it further enacted, That if any seaman, ordinary seaman, landsman, or boy, shall reënlist for three years, within three months after his discharge, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay during the said three months, equal to that which he would have been entitled if he had been employed in actual service.

SEC. 3. And be it further enacted, That it shall be the duty of commanders of any vessel in the Navy, in granting temporary leave of absence and liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient.

SEC. 4. And be it further enacted, That summary courts martial may be ordered upon petty officers and persons of inferior ratings by the commander of any vessel in the Navy to which such persons belong, for the trial of offenses which he may deem deserving of greater punishment than the commander of a vessel himself is by law authorized to inflict of his own authority, but not sufficient to require trial by general court-martial.

SEC. 5. And be it further enacted, That summary courts-martial shall consist of three officers not below the rank of passed midshipmen, and of some competent person to act as recorder. Before proceeding to trial the members shall take the following oath or affirmation, which the recorder is hereby authorized to administer: "You, A B, do solemnly swear (or affirm) that you will well and truly try, without prejudice or partiality, the case now depending, according to the evidence which shall be adduced, the laws for the government of the Navy, and your own conscience. So held you God."

After which, the recorder of the court shall take the following oath or affirmation, which the senior member of the court shall administer: "You, A B, do solemnly swear (or affirm) that you will keep a true record of the evidence which may be given before this court, and of the proceedings thereof. So help you God."

.SEC. 6. And be it further enacted, That the commander of a ship shall have authority to order any officer under his command to act as the recorder of a summary court-martial.

SEC. 7. And be it further enacted, That all testimony given before such court shall be given orally, on oath or affirmation, which the senior member of the court shall administer.

That summary courts-martial may sentence petty officers and persons of inferior ratings to any one of the following punishments, viz:

First. Discharge from the service with bad-conduct discharge, but the sentence not to be carried into effect in a foreign country.

Second. Solitary confinement in irons, single or double, on bread and water, or diminished rations, provided no such confinement shall exceed thirty days.

Third. Solitary confinement in irons, single or double, not exceeding thirty days.

Fourth. Solitary confinement not exceeding thirty days.

Fifth. Confinement not exceeding two months. Sixth. Reduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign station.

Eighth. Extra police duties, and loss of pay,