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and the experiments to be tried, at such place as they shall deem most suitable and convenient for the purpose; and shall make full report of their doings to Congress at their next session.(1)
3. To carry into effect the foregoing objects, there hereby is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of six thousand dollars; and so much thereof as shall be necessary for the above purposes, shall be subject to the order of the said board, and to defray such expenses as shall be incurred by their direction, including the sum of three hundred dollars, to each, for his personal services and expenses : Provided, however, That their accounts shall be settled at the Treasury, in the same manner as those of other public agents.(2)
4. Nothing in the preceding act shall be construed to exclude from the consideration and examination of the commissioners, any plan of a steam engine for propelling boats constructed without a boiler.(3)
5. It shall be the duty of all owners of steam boats, or vessels propelled in whole or in part by steam, on or before the 1st day of October, 1838, to make a new enrolment of the same, under the existing laws of the United States, and to take out from the collector or surveyor of the port, as the case may be, where such vessel is enrolled, a new license, under such conditions as are now imposed by law, and as shall be imposed by this act.(4)
It shall not be lawful for the owner, master, or captain of any steam boat or vessel propelled in whole or in part by steam, to transport any goods, wares, and merchandise, or passengers, in or upon bays, lakes, rivers, or other navigable waters of the United States, from and after the said 1st day of October, 1838, 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 of said vessel shall forfeit and pay to the United States the sum of five hundred dollars, one-half for the use of the informer; and for which sum or sums, the steam boat 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 jurisdiction of the offence.(5)
6. It shall be the duty of the District Judge of the United States, within whose district any ports of entry or delivery may be, on the navigable wa. ters, bays, lakes, and rivers of the United States, upon the application of the
or owner of any steam boat 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 boats and vessels, and of the boilers and machinery employed in the same, who shall not be interested in the manufacture of steam engines, steam boats, 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.(6)
7. The person or persons who shall be called upon to inspect the hull of any steam boat or vessel, under the provisions of this act, shall, after a
(1) Act June 28th, 1838, sec. 2.
(4) Act July 7th, 1838, sec. 1.
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 boat or vessel is sound, and in all respects seaworthy, and fit to be used for the transportation of freight and 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 applying for such inspection, the sum of five dollars.(1)
8. The person or persons who shall be called upon to inspect the boilers and machinery of any steam boat or vessel, under the provisions of this act, shall, after a thorough examination of the same, make a certificate, in which he or they shall state his or their opinion, whether said boilers are sound and fit for use, together with the age of the boilers; and duplicates thereof shall be delivered to the owner or master of such vessel, one of which it shall be the duty of the said master and owner to deliver to the collector or surveyor of the port whenever he shall apply for a license, or for 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 information of the public; and for each and every inspection so made, each of the said inspectors shall be paid by the said master or owner applying, the sum of five dollars.(2)
9. It shall be the duty of the owners and masters of steam boats, to cause the inspection provided under the fourth section of this act, to be made at least once in every twelve months; and the examination required by the fifth section, at least once in every six months; and deliver to the collector or surveyor of the port where his boat or vessel has been enrolled or licensed, the certificate of such inspection; and, on a failure thereof, he or they shall forfeit the license granted to such boat or vessel, and be subject to the same penalty 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 steam boats licensed in pursuance of the provisions of this act, to employ on board of their respective boats, a competent number of experienced and skilful engineers, and, in case of neglect to do so, the said owners and masters shall be held responsible for all damages to the property or any passenger on board of any boat occasioned by an explosion of the boiler or any derangement of the engine or machinery of any boat.(3)
10. Whenever the master of any boat or vessel, or the person or persons charged with navigating said boat or vessel, which is propelled in whole or in 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, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down in said boiler, as near as practicable, to what it is when the said boat or vessel is under headway, under the penalty of two hundred dollars for each and every offence.(4)
11. It shall be the duty of the owner and master of every steam vessel engaged in the transportation of freight or passengers, at sea or on the Lakes, Champlain, Ontario, Erie, Huron, Superior, and Michigan, the tonnage of which vessel shall not exceed 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 tonnage of said vessel shall exceed two hundred
(1) Act July 7th, 1838, sec. 4. (2) Ibid. sec. 5.
(3) Ibid. sec. 6. (4) Ibid. sec. 7.
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 die mensions; and for every failure in these particulars, the said master and owner shall forfeit and pay three hundred dollars.(1)
12. That it shall be the duty of the master and owner of every steam vessel employed on either of the lakes mentioned in the last section, or on the sea, to 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 iron rods or chains shall be employed and used in the navigation of all steam boats, instead of wheel or tiller ropes; and for a failure to do which, they, and each of them, shall forfeit and pay the sum of three hundred dollars.(2)
It shall be the duty of the master and owner of every steam boat, running between sunset and sunrise, to carry one or more signal lights, that may be seen by other boats navigating the same waters, under the penalty of two hundred dollars.(3)
13. The penalties imposed by this act, may be sued for and recovered in the name of the United States, in the District or Circuit Court of such district or circuit where the offence shall have been committed, or forfeiture incurred, or in which the owner or master of said vessel may reside, one half to the use of the informer, and the other to the use of the United States; or the said penalty may be prosecuted for by indictment, in either of the said courts.(4)
14. Every captain, engineer, pilot, or other person employed on board of any steam boat or vessel propelled in whole or in part by steam, by whose misconduct, negligence, or inattention to his or their respective duties, the life or lives of any person or persons on board said vessel may be destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any Circuit Court in the United States, shall be sentenced to confinement at hard labour for a period not more than ten years.(5)
In all suits and actions against proprietors of steam boats, for injuries arising to person or property, from the bursting of the boiler of any steam boat, or the collapse of a flue, or other injurious escape of steam, the fact of such bursting, collapse, or injurious escape of steam, shall be taken as full prima facie evidence, sufficient to charge the defendant, or those in his employment, with negligence, until he shall show that no negligence has been committed by him, or those in his employment.(6)
By act of 12th June, 1838, to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa, it is provided, that, from and after the third day of July next, all that part of the present Territory of Wisconsin which lies west of the Mississippi river, and west of a line drawn due North from the head waters or sources of the Mississippi to the Territorial line, shall, for the purposes of temporary Government, be and constitute a separate Territorial Government by the name of lowa ; and 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 Wisconsin which lies east of the Mississippi river. And after the said third day of July next, all power and authority of the Government of Wisconsin, in and over the Territory hereby constituted, shall cease : Provided, That nothing in this act contained, shall be construed to impair the rights of person or property, 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 respecting 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 to inhibit the Government of the United States from dividing the Territory hereby established into one or more other Territories in such manner and at such times as Con. gress shall, in its discretion, deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.(1)
(1) Act 7th July, 1838, sec. 8.
(4) Ibid. sec. 11.
Section 2, is copied verbatim from article 689.
Section 4, is similar to article 691, except that the term of service of the members of the Council and of the House of Representatives, is limited to two instead of four years; and that the census therein directed, is not requir. ed to be made, if it shall have been taken within three months previous to the 3d July, 1838.
Section 5, is similar to article 692.
Section 7, is like to article 694, except that the officers therein enumer. ated as elective by the people, were to be elected in the manner then prescribed by the laws of Wisconsin, or as may thereafter be provided by the Governor and Legislative Assembly of Iowa Territory.
Section 8, is like to article 695.
Section 9, is like to article 599, except that the judges therein named, held their offices during four years, and not during good behaviour.
Section 10, is like to article 600.
Section 11, is like to article 696, except that the Governor is to receive $1500 per annum as Governor, and $1000 per annum as Indian Agentthe Judges $1500 per annum, each ; and the oath required of the Governor and Secretary, is to be taken before some Judge or Justice of the Peace of Wisconsin.
The inhabitants of said Territory, shall be entitled to all the rights, privileges and immunities heretofore granted and secured to the Territory of Wisconsin and to its inhabitants; and the existing laws of the Territory of Wisconsin, shall be extended over said Territory, so far as the same be not incompatible with the provisions of this act, subject, nevertheless, to be al. tered, modified, or repealed, by the Governor and Legislative Assembly of the said Territory of Iowa; and further, the laws of the United States are hereby extended over, and shall be in force in said Territory, so far as the same, or any provisions thereof, may be applicable.(2) (1) Act June 12th, 1838, sec. 1. (2) Ibid. sec, 12.
Section 13, is similar to article 698.
Sections 15 and 17, provide for the transfer of causes to the Courts esta. blished by the act.
Section 16, provides for the temporary continuance in office, of Justices of the Peace, Constables, Sheriffs, &c.
Section 18, appropriates $5000 for establishing a public library.
From and after the day named in this act, for the organization of the Territory of lowa, the term of the members of the Council and House of Representatives of the Territory of Wisconsin, shall be deemed to have espired, and an entirely new organization of the Council and House of Representatives of the Territory of Wisconsin as constituted by this act, shall take place as follows: As soon as practicable after the passage of this act, the Governor of the Territory of Wisconsin shall apportion the thirteen mem. bers of the Council and twenty-six members of the House of Representatives among the several counties or districts comprised within said Territory, according to their population, as nearly as may be, (Indians excepted.) The first election shall be held at such time as the Governor shall appoint and direct; and shall be conducted, and returns thereof made, in all respects, according to the provisions of the laws of said Territory, and the Governor shall declare the persons having the greatest number of votes to be elected, and shall order a new election when there is a tie between two or more persons voted for, to supply the vacancy made by such tie. The persons thus elected, shall meet at Madison, the seat of Government, on such day as he
shall appoint, but thereafter the apportioning of the representatives in the ! several counties, to the Council and House of Representatives according to
population, the day of their election, and the day for the commencement of the session of the Legislative Assembly, shall be prescribed by law.(1)
Temporarily, and until otherwise provided by law of the Legislative Assembly, the Governor of the Territory of Iowa may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory, to the several districts, and also appoint the times for holding courts in the several counties in each district, by proclamation to be issued by him; but the Legislative Assembly, at 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.(2)
The act of 12th June, 1838, provides for ascertaining and designating the boundary line between the State of Michigan and Territory of Wisconsia.
The act of 18th June, 1838, provides for ascertaining and marking the Southern boundary line of the Territory of Iowa.
An act to re-organize the Legislative Council of Florida, and for other
purposes. The legislative power of the Territory of Florida shall be vested in the Governor and the Legislative Council. The Legislative Council shall consist of two houses, to be called the Senate and House of Representatives.The House of Representatives shall be organized, and the members thereof shall be chosen as is now prescribed by law, for the present Legislative Council
, (see page 194,) and in addition to the present number, there shall be one member chosen for the county of Calhoun, one for the county of Dade, and an additional member for the county of Duval. The Senate shall
(1) Act June 12th, 1838, sec. 19.
(2) Ibid. sec. 20.