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EDITED DY THOMAS HAYNES.
VOL. VI. HO. 11.
of
BY 1». L. ROBINSON, State Printer.
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taining several thousand names.
ADVERTISEMENTS inserted at the usual rates. Sales of LAND, by Admi
nistrators, Executors, or Guardians, arc required by law to be held on the first Tues
day in the month, between the hours of ten in the forenoon and three in the after
noon, al the Court House in the eouiMy in which the property is situate. Notice of
those sales must bo given in a public gazette St WTY DAYS previous to the day of
«•!«.
Sales .>< NEGROES must be at public auction, on the first Tuesday of the month
between the usual hours of sale, at the place of public sales in the county where the
Jailers te-'timentary, of Administration or Guardianship, may have been granted, first
giving SIXTY DAYS notice thereat, iu one of tbo public-gazottenof.Uiia State,
and at th ■ door of the t"ourt House whfire auchlMcs are to bo held.
Notice fug the sale of Personal Property onmvt be given in like manner, FORTY
DAYS previous to the day of site. 4 •
Notice to the Debtors and Creditors of an Estate must be published FORTY
DAYS.
Notice that application will be made to tho Court of Ordinary for leave to sail
LAND, must be published for FOUR MONTHS.
Notice forleave to sell NEGROES, ntnst bo published for FOUR MONTHS
before any order absolute shall be made by the Court thereon.
Notice ol Application for Letters of Administratian must be published THIRTY
•AYS.
Notice ot Application for Letters of Dismission from the Administration of an Es-
Mto, are required to be published monthly for SIX MONTHS.
a vj?-v
[BY AUTHORITY.)
Laws of the cmt; d states passed at the third
SESSION Ob' THE TWENTY-FIFTH CONGRESS.
[Public —No. 26.]
AN ACT for the relief <ii the Brotherton Indians, in the Ter
ritory of Wisconsin.
Be it enacted by the Senate and House of Representatives of
the I nited States of America in Congress assembled, That
the township ot land containing twenty-three thousand and for
ty acres, lying on the east side of Winnebago lake, in the Ter
ritory of \\ isconsin, which, by the proviso of a treaty made
v ith the Menomonie Indians on the seventeenth February', eigh
teen hundred and thirty-one, and ratified on the-ninth of July,
1832, was reserved for the use of the Brotherton or Brother
town Indians, and which, by a subsequent treaty with the Me
nomonie tribe, bearing date 27th October, 1832, and ratified
13th March, 1833, was further secured to the said Brotliertown
Indians, may be partitioned and divided among the different
individuals composing said tribe of Brothertown Indians, and
may be held by them separately and severally in fee simple, af
ter stich division shall have been made iu the manner hereafter
mentioned.
Sec. 2. And be it further enacted, That, for the purpose
of making partition and division of said lands among the indi
viduals of said tribe of Brothertown Indians, a board of com
missioners shall be constituted, to consist of five of the principal
or head men of said tribe, a majority of whom shall constitute
* quorum to do business, whose duty it shall be to make a just
and fair partition and division of said lands, among the mem
bers of said tribe, or among such of them as, by the laws and
customs and regulations of said tribe, are entitled to the same, I
and in such proportions and in such manner as shall be consis
tent with equity and justice, and in accordance ' ith the existing
laws, customs, usages, or'agreeinents of said tribe.
Sec. 3. And be it further enacted, That, for the purpose of
electing or choosing said board of commissioners, a meeting of
said tribe shall be held at their church or principal place, on
the reservation ofiand aforesaid, on the first Monday in July
next, at which all the male members of said tribe over the age
of twenty-one years shall be allowed to vote for such commis- j
sioners: and the said five commissioners shall then and there be
chosen or elected by the said tribe, by a majority of the whole
number of such voters then present. And the judge of the dis
trict in which said lands are situated (or in his absence the reg
ister of the land office al Green Bay, or the commanding officer
of the United States troops at Fort Howard,) shall attend at the
time and place aforesaid, and preside at said meeting, superin
tend the said election, and see that the proceedings are fairly
conducted; and the said presiding officer may, in his discretion
prescribe whether the said election shall be by ballot or viva
voce; and shall in other respects cause the proceedings to be
conducted in such manner as to ensure a fair and proper choice
or election; and after the said commissioners shall have been
so chosen or elected, the said presiding officer shall immediate
ly certify that fact, setting forth the names of the commission
ers who shall be elected, and shall make two copies of said cer
tificate, one of which he shall file in the office of the register of
the land district at Green Bay, and the other he shall transmit
by mail to the President of the United States.
Sec. 4. And be it further enacted, That after the said com
missioners shall have been elected or chosen as above prescribed
and as soon thereafter as conveniently may be, they shall pro
ceed to make partition and division of all the lands aforesaid
tunong the individual members of said tribe, or among such of
them as, by the laws, customs, usages or agreements of said
tribe are justly entitled to the same and in such way and man
ner, and upon such principles and in such proportions as shall
be agreeable to equity and justice, and consistent with the laws,
usages, customs, and agreements of said tribe: Provided, how
ever, That the buildings and improvements, and the farms on
which the same are situated, which are now held or possessed in
severalty by the members of said tribe, shall, so far as the same
can consistently be done, be allotted or apportioned to the pre
sent occupants; and that no person or individual of said tribe
shall be dispossessed or deprived of the improvements or land
which they now occupy, unless it shall be found by the said
commissioners that such person or persons are in possession of
and occupying more land than they are justly entitled to, and
Alien the overplus may he apportioned to others.
■Sev. 5. And be it further enacted, That after the said com
missioners shall have made such partition and division as afore
said, they shall make, or cause to be made, a full report of inch’
proceedings in the premises, setting forth the name ofeacli per
son to whom they hive apportioned any part of said land, the
quantity apportioned or alloted to each, with the metes and
hounds, or other definite d<--< ription of each several piece or
parcel of land; and they shall accompany the said report with a
fair arffi accurate map of the w hole, showing the divisions and
P ar jhi aforesaid; which report and map, or a copy thereof,
s tail be deposited with the town clerk of said tribe, on or be
°re the first day of October next, and shall remain open for
inspection to all, for the space of twenty days thereafter; and if
any member or members of said tribe shall object to the parti
•sn or division so made by the said commissioners, or shall
tern nmself or themselves aggrieved thereby, he or they may,
within ten days thereafter, give notice thereof to the said com
missioners, who shall, within twenty days thereafter, meet to
hear and determine inch grievances, and take testimony, if ne
cessary, and after such hearing, shall have power to alter or
mot i y such partition, if, in their judgment, any alteration or
modification is necessary, in order to do equal and exact justice
all parties in interest.
f’KC. 6. zZ/wr/Zter cnac/e</, That, after the said re
port s lall he finally completed, the commissioners shall cause of
of f||wtu
the said report, and of the map accompanying the same, as fi
nally agreed upon and settled to be made and signed by said
commissioners, one copy of which shall be deposited in the of
fice of the secretary of said Territory, one copy in the office of
the clerk of the county within which said lands are situated,
and the other shall be transmitted to the President oftlie United
States, who shall thereupon cause patents to be issued to the
several individuals named in said report, for the lands so ap
portioned to them respectively, by which the said persons shall
be authorised to hold the said lands in fee simple to themselves
and their heirs and assigns.
Sec. 7. And be it further enacted, That the said report and
map shall be filed w ith the secretary of said Territory, and in
the clerk’s office of said county, and shall also be transmitted
to the President on or before the first day of January next; and
after the same shall have been filed and transmitted to the Pre
sident, as aforesaid, the said Brothertow n Indians, and each and
every of them, shall then be deemed to be, and from that time
forth are hereby declared to be, citizens of the United States to
.all intents and purposes, and shall be entitled to all the rights,
privileges, and immunities ofsuch citizens, and shall, in all re
spects, be subject to the laws of the United States and df the
Territory of Wisconsin, in the same manner as other citizens
of said Territory; and the jurisdiction of the United Stages and
of said Territory shall be> extended overtbe said tow'nship or
reservation nqw held by them in the same manner as over oth
er parts of said Territory; and their rights as a tribe or nation,
and their power of making or executing their own laws, usages,
or customs, as such tribe, shall cease and determine: Provided,
however, That nothing in this act shall be so construed as to
deprive them of the right to any annuity now due to them from
the State of New-York or the United States, but they shall be
entitled to receive any such annuity in the same manner as
though this act had not been passed.
JAMES K. POLK,
Speaker of the House of Representatives.
RH. M. JOHNSON,
Vice President of the United States, and
President of the Senate.
Approved, March 3d, 1839.
M. VAN BUREN.
[Public —No. 27.)
AN ACT making an appropriation for the protection of the
Northern and Northwestern frontier 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 sum of five hundred thousand dollars, in addition to a for- !
mer appropriation, shall be, and the same is hereby appropri-,
ated, out of any unappropriated money in the Treasury to de-|
fray any expenses which have been or may be incurred in pro- j
tecting the Northern and Northwestern frontier of the United'
States, by the employment of steamboats, the transportation of!
troops and supplies, or any other extraordinary expenses at- i
tending the operations of the army in the defence of that fron-!
tier, and by calling out, under the direction of the President of|
the United States, any part of the militia or volunteers, accord- i
ing to the provisions of the constitution and laws; and such part of
said sum as may be required for the latter purpose, shall be ex
pended under the direction of the Secretary of War, conforma
bly to the provisions of the act of Congress of January the sec
ond, seventeen hundred and ninety-five; and of the act of April
the fifth, eighteen hundred and thirty-two, making appropria
tions for the support of the army; and of the act of March the
nineteenth, eighteen hundred and thirty-six, providing for the
payment of volunteer and militia corps in the service of the
United States.
Approved, March 3d, 1839.
[Public —No. 28.]
AN ACT to amend an act entitled “An act regulating the I
pay and emoluments of brevet officers,” passed April 16,
1818.
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, the act entitled “An act
regulating the pay and emoluments of brevet officers,” ap
proved April sixteenth, eighteen hundred and eighteen, be, and
the same shall be, so construed, as to include the case of the
Adjutant General of the United States.
Approved, March 3d, 1839.
[Public —No. 29.]
AN ACT to authorise the construction of a road from Du
buque, in the Territory oflowa, to the northern boundary
of the State of Missouri, 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 twenty thousand dollars be, and the same is hereby ap
propriated, out of any money in the Treasury not otherwise
appropriated, to the opening and construction of a road in the
Territory oflowa, from Dubuque, on the river Mississippi, to
such point in the northern boundary of the State of Missouri as
may be best suited for its future extension by that State to the
cities of Jefferson and St. Louis, withiu the same; that the Sec
retary of War be empowered and directed to cause such road
to be constructed by contract or otherwise; Provided, That
the said road shall be opened throughout, and so far completed
as to be cayable of use, without exceeding in cost the sum here
by appropriated; and in laying down the route thereof respect
to be paid, so far as the same may be practicable, without .
greatly increasing the length thereof, to the accommodation of
the seats of justice of the several counties in lowa through
which it may pass, and to the best sites for bridges or ferries
over the several rivers which the said road must cross.
S?EC. 2. And be it further enacted, That the Secretary of
War be, and he is hereby, empowered to cause a survey of Red
Cedar river, within the said Territory, and an estimate to be
made, with a view to the improvement of the navigation there
of above the town of Moscow, and the connection of the said
navigation with the river Mississippi by a canal, extending
from the vicinity of said town to some suitable point in or near
the town of Bloomington; and to defray the expense of said
survey and estimate, the sum of fifteen hundred dollars be, and
the same is hereby appropriated, out of anj money in the Trea
sury not otherwise appropriated.
Sec. 3. Ami be. it further enacted, That the following sums
are hereby appropriated to the several objects respectively,
which are hereinafter described :
For the opening and construction of a road from Burlington
through the counties of Des Moines, Henry and Van Buren,
towards the seat of Indian agency on the river Des Moines,
five thousand dollar.-;
For the improvement of the road from Burlington, in the
Territory of lowa, to De Hagues, in Illinois, the sum of twen
ty-five hundred dolkirs, in aid of a like sum contributed to
wards the same object by the town of Burlington.
Approved, March 3d, 1839,
[Public —No. 30.]
AN AC I providing for the erection of a fireproof building
for the use of the General Post Office Department.
Be it enacted by the Senate and House of Representatives
of the United Stales oj America in Congress assembled, That
the President of the United States be, and he hereby is author
ized to cause to be erected a fire-proof building, ofsuch dimen
sions and upon such plan of arrangement as may be required
for the use and accommodation of the General Post Office De
partment, on the site of the Post Office building recently de
stroyed by fire; and, for this purpose, that he be authorized to
appoint a skilful architect to prepare and submit to him the
necessary plans for the proper construction of such building,
which being approved by him shall be conformed to in the erec
tion of the structure; and the said architect may be continued
in the superintendence of the construction of the building, or
another employed in that service, as the President may judge
best: Provided, That not more than one architect shall be kept
in the employment of the Governmental Washington.
Sec. 2. And be it further enacted, That the principal mate
rial of which the exterior walls of such building shall be con-
millville, Georgia, Tuesday tiormvg. apiiil o,
Our Conscience---Our Country—Our Party.
structed shall be such as the President of the United States shall
direct, jointed, and laid in regular courses, in the most ap
proved mode of such construction.
Sec. 3. And be it further enacted, That, for the erection of
the building authorized by the first section of this act, there be
and hereby is appropriated the sum of one hundred and fifty
thousand dollars, out of any money in the Treasury not other
wise appropriated by law.
Approved, March 3d, 1839.
[Public —No. 31.]
AN ACT in addition to “An act to promote the progress of
the useful arlst
Be it enacted, by the Senate and House of Representatives
of the United Stales of America in Congress assembled, That
there shall be appointed, in tnannerprovided in the second sec
tion of the act t» which this is additional, two assistant exami
ners, each to receive an annual salary of twelve hundred and
fifty dollars. .
Sec. 2. And be it fii.-tfer enacted, That the Commission-1
er be authorised to employ temporary clerks to do any neces
sary transcribing whenever the current bueiness cf {he office
requires it: Provided, however, That of salary,« com
pensation shall be allowed* at a rata not greater than's char
ged for copies now furnished>by the office. •
Sec. 3. And be it further enacted, That the Commissioner
is hereby authorised to publish a classified and alphabetical
list of all patents granted by the Patent Office previous to laid
publication, and retain one hundred copies for the Patent Of
fice and nine hundred copies be deposited in the library of
Congress for such distribution as may be hereafter directed •
and that one thousand dollars, if necessary, be appropriated,
out of the patent fund, to defray the expense of the same.
Sec. 4. And be it further enacted, That the sum of three
thousand six hundred and fifty-nine dollars, and twenty-two
cents be, and is hereby, appropriated from the patent fund, to !
pay for the use and occupation of rooms in the Citv Hall by j
the Patent Office,
Sec. 5. And be it further enacted, That the sum of one '
thousand dollars be appropriated from the patent fund, to be !
expended und?r the direction of the Commissioner, for the
purchase of necessary books for the library of the Patent Of
fice.
Sec. 6. And be itfurther enacted, That no person shall be
ucbSf.Td from receiving a parent for any invention or discove
ry, as provided in the act approved vn the fourth day of July,
one thousand eight hundred and thirty-six, to l?Mcb this is ad
ditional, by reason of the same having been patented in a for
eign country more than six months prior to his application:
Provided, That the same shall not have been introduced into
public and common use, in the United States prior to the ap
plication for such patent: And provided, also, That in all ca
ses every such patent shall be limited to the term of fourteen
years from the date or publication of such foreign letters pat
ent.
Sec. 7. And be it further enacted, That every person or
corporation who has, or shall have, purchased or constructed I
any newly invented machine, manufacture, or composition of I
matter, prior to the application by the inventor or discoverer
for a patent, shall be held to possess the right to use, and vend
to others to be used, the specific machine, manufacture, or com
position of matter so made or purchased, without liability there
for to the inventor, or any other person interested in such in
vention; and no patent shall be held to be invalid by reason of
such purchase, sale, or use prior to the application for a patent
as aforesaid, except on prooff of abandonment of such inven
tion to the public; or that such purchase, sale, or prior use
has been for more than two years prior to such application for
a patent.
Sec. 8. And be it further enacted, That so much of the
eleventh section of the above recited act as requires the pay
ment of three dollars to the Commissioner of Patents for re
cording any assignment, grant, or conveyance of the whole or
part of the interest or right under any patent, be, and the same
is hereby, repealed; and all such assignments, grants, and con
veyances shall, in future, be recorded without any charge
whatever.
Sec. 9- And be it further enacted, That a sum of money
net exceeding one thousand dollars, be, and the same is hereby,
appropriated, out of the patent fund, to be expended by the
Commissioner of Patents in the collection of agricultural sta
tistics, and for other agricultural purposes; for which the said
Commissioner shall account in his next annual report.
Sec. 10. And be it further enacted, That the provisions
of the sixteenth section of the before recited act shall extend
to all cases where patents are refused lor any reason whatever,
either by the Commissioner of Patents or by the chief justice
of the District of Columbia, upon appeals from the decision
of said Commissioner, as well as where the same shall have
been refused on account of or by reason of interference with
a previously existing patent; and in all cases where there is
no opposing party, a copy of the bill shall be served upon the
Commissioner of Patents, when the whole of the expenses of
the proceeding shall be paid by the applicant, whether the final
decision shall be in his favor or otherwise.
Sec. 11. And be it further enacted, That in all cases where
an appeal is now allowed by law from the decision of the Com
missioner of Patents to a board of examiners provided for in
the seventh section of the act to which this is additional, the
party, instead thereof, shall have a right to appeal to the chief
justice of the district court of the United Stqjes for the Dis
trict of Columbia, by giving notice thereof to the Commission
er, and filing in the Patent Office, within such time as the
Commissioner shall appoint, his reasons of appeal, specifically
set forth in writing, and also paying into the Patent Office, to
the credit of the patent fund, the sum of twenty-five dollars.
And it shall be the duty of the said chief justice, on petition,
to hear and determine all such appeals, and to revise such de
cisions in a summary way on the evidence produced before
the Commissioner, at such early and convenient time as he
may appoint, first notifying the Commissioner of the time and
place of hearing, whose duty it shall be to give notice thereof
to all parties who appear to be interested therein, in such man
ner as said judge shall prescribe. The Commissioner shall
also lay before the said judge all the original papers and evi
idence in the case, together with the grounds of his decision,
fully set forth in writing, touching all the points involved by the
reasons of appeal, to which the revision shall be confined
And at the request of any party interested, or at the desire of
the judge, the Commissioner and the examiners in the Patent
Office, may be examined under oath, in explanation of the
principles of the machine or other thing for which a patent, in
such case is prayed for. And it shall be the duty of said judge,
after a hearing of any such case, to return all the papers to the
Commissioner, with a certificate of his proceedings and decis
ion, which shall be entered of record in the Patent Office, and
such decision, so certified shall govern the further proceedings
of the Commissioner in such case: Provided, however, That
liu OpiHlPB or decision of the judge in any such case, shall
preclude any person interested in favor or agaiqst the validity
of any patent which has been or may hereafter be granted,
from the right to contest the same in any judicial court, in any
action in which its validity may come in question.
Sec. 12. And be it further enacted, That the Commission
er of Patents shall have power to make all such regulations in
respect to the taking of evidence to be used in contested cases
before him, as may be used in contested cases before him, as
may be just aud reasonable. And so much of the act to which
this is additional, as provides for a board of examiners, is here
by repealed.
Sec. 13. And be it further enacted, That there be paid an
nually, out of the patent fund, to the said chief justice, in con
sideiation of the duties herein imposed, the sum of one hund
red dollars.
Approved, March 3d, 1839.
[Public —No. 33.]
AN ACT to alter and amend the organic law of the Territo
ries of Wisconsin and lowa.
I Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That eve
ry bill which shall have passed the Council and House of Rep
resentatives of the Territories of lowa and Wisconsin shall,
before it become a law, be presented to the Governor of the
Territory; if he approve he shall sign it, but if not he shall
return it, with his objections, to that House in which it shall
have originated, who shall enter the objections at large on their
journal, and proceed to reconsider it. If, after such reconsid
eration, two thirds of that House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House,
by. which it shall likewise be reconsidered; and if approved
by two-thirds of that House it shall become a law. But, in all
such cases, the votes of both Houses shall b'e determined by
yeas and nays; and the names of the persons voting for and
against the bill shall be entered on the journal of each House
respectively. If any bill shall not be returned by the Govern
or within three days (Sundays excepted) after it shall have been
presented to him, the same shall be a law in like manner as if
he had signed it, unless the Assembly by adjournment prevent
i its return, in which case it shall not be a law.
. Sec. 2. And be. it further enacted, That this act shall not
,be so construed tp deprive Congress of the right to disap
■ pro. a of any law passed by the said Legislative
in any way to impair or alter the power of Congress over laws
passed by said Assembly. ’ ,
Approved, March 3d, 1839.
[Public —No. 34.]
AN ACT to define and establish the eastern boundary line of
the Territory of lowa.
Be it enacted by the Senate and House of Representatives of
the United Slates of America in Congress assembled, That
th.? .middle or centre of tho main channel of tho river Missis
sippi shall be deemed, and is hereby declared, to bo tho eastern
> boundary line of the Territory of lowa, so far ur to such ex
tent as. the said Territory is bounded eastwardly by or Epon
said river: Provid'd, however, That the said Territory of
lowa shall have concurrent jurisdiction upon the said Missis
sippi river with any other conterminous Stat- or Territory so
far or to such extent as the said river shall form a common boun
dary between the aforesaid 'Territory of lowa and any other
such conterminous State or Territory.
Approved, March 3d, 1839.
[Public —No. 35.]
AN ACT to authorise the election or appointment of certain
officers in the Territory of lowa, and for other purposes.
Bf it enacted by the Senate and House of Representatives of
the United States of AmeiiCd- in Congress assembled, That the
Legislative Assembly of ui£ Territory cf lowa shall be, and
are hereby, authorised to provide by law for the el-ftion or
appointment of sheriffs, judges of probate, justices of the peace,
and county surveyors, within the said Territory, in such way
or manner and at such times and places as to them may seem '
proper; and after a law shall have been passed by the Legis- |
lative Assembly for that purpose, all elections or appointments
of the above-named officers thereafter to be had or made shall
be in pursuance of such law.
Sec. 2. Andbe it further enacted, That the term of service
of the present Delegate for said Territory oflowa shall expire
on the twenty-seventh day of October, eighteen hundred and
forty; and the qualified electors of said Territory may electa
Delegate to serve from the said twenty-seventh day of Octo
ber to the fourth day |of March thereafter, at such time and 1
place as shall be prescribed by law by the Legislative Assem- !
lily, and thereafter a Delegate shall be elected, at such time and !
places as the Legislative Assembly may direct, to serve for a
Congress, as members of the House of Representatives are
now elected.
Approved, March 3d, 1839.
[Public —No. 3G.]
AN ACT making appropriations for preventing and sup
pressing Indian hostilities for the year eighteen hundred and
thirty-nine.
Be it enacted by the Senate and House of Representatives of
the I. niled States of America in Congress assembled, That
the following sums amounting to one million eight hundred and
four thousand seven hundred and seventy-four dollars, be, and
the same are hereby, appropriated, out of any money in the
Treasury not otherwise appropriated, to defray the expenses
which have been, or may be, incurred, in preventing or sup
pressing the hostilities of any Indians in the year eighteen hun
dred and thirty nine ; to be expended under the direction of
the Secretary of War, conformably to the acts of Congress of
the nineteenth of March and the second of July, eighteen hun
dred and thirty-six, and of the acts therein referred to.
I' or forage for the horses of the second dragoons, mounted
volunteers and militia officers entitled to forage in kind, and for
horses, mules, and oxen, in the service of trains, three hundred
and ninety-two thousand eight hundrd and thirty-one dollars;
For freight or transportation of military supplies of every
description from the places of purchase to Florida, two hund
red and fifty-four thousand six hundred and twenty-eight dol
lars;
For the purchase of wagons, harness, boats and lighters,
horses to keep up the trains, tools, leather and other materials
for repairs, ninety-two thousand dollars;
For the transportation of supplies from the principal depots
to the several posts, as well as troops, 'when they move by
water, including the hire of steamboats and other vessels for
the service in the rivers and on the coasts, and the expenses of
maintaining and sailing the several steamers and transport
schooners connected with the operations of the army, three
hundred thousand dollars;
For the hire of mechanics, laborers, mule-drivers, teamsters,
and other assistants, including their subsistence, and lor sol
diers on extra duty, conformably to law, one hundred thous
and dollars;
For the transportation of the militia or volunteers while
marching to and from the scene of operations, thirty thousand
dollars;
lor miscellaneous expenses of all kinds, not embraced un
der the foregoing heads, and which, from their contingent cha
racter, cannot be specified, four hundred thousand dollars;
For accoutrements and arms for infantry, and cavalry, in
cluding militia infantry and cavalry ammunition for men and
field artillery, and repairs of arms, and for contingencies, sev
enty-one thousand dollars;
For the pay of such militia and volunteers as may have been
or may be called into the service of the United States, in ad
dition to the unexpended balance of the appropriation for the
payment of four thousand volunteers for the year eighteen hun
dred and thirty-eight, one hundred and fourteen thousand three
hundred and fifteen dollars;
For the purpose of holding a treaty with the Seminole In
dians, five thousand dollars;
For the purchase and maintaining in active service three
vessels of light draught of water, to cruise along the coast of
Florida, for the protection of the lives and property of the cit
izens, fifty thousand dollars;
For paying the value of horses and equipage of the Ten
nessee and other volunteers who have at any time been in the
service of the United States in the Territory of Florida, and
which were turned over to the Government, by the order of the
commanding general or. other commanding officer, said value
to be ascertained by the appraisement of said value when the
[he] volunteers entered the service, fifty-two thousand dollars.
And the provisions of the acts approved and in force at vari
ous periods since eighteen hundred and twelve, authorising
payment (or horses lost in the service of the United States by
rangers, militia, and volunteers, are hereby revived and exten
ded for two years from and after the passage of this act, and
under the action of the Third Auditor, shall be deemed to em
brace all cases not already satisfied, of horses lost to their own
ers in the service as aforesaid, in battle or otherwise, when care
and diligence be rendered manifest on the part of the owner;
and if the death or loss of rangers horses shall have occurred
for want of forage, it be at places where acting in obedience to
I the orders of the commanding officers, forage could not have
P. L. BOBINSOY, PROPRIETOR.
been procured by proper vigilance on tlie*f>art of the owner:
o payment, however shah be made for horses or other proper
y ost or destroyed, when the loss or destruction shall have
jctu occasioned by the fault or neglect of the owner, or where
jy t ie terms of the contract, the risk was upon the owner of the
propei ty: and no greater sum of money than the fifty-two
thousand dollars appropriated by this section, shall be drawn
\ IC reasllr y by reason of its provisions.
EC. 2. And be it further enacted, That no part of the
money appropriated by this act shall be applied to the payment
° vo ' l,ntePrs » except for arrearages, or for any expenses
growing out of the employment of any volunteers for the year
eighteen hundred and thirty eight. z
Approved, March 3d, 1839?
. p- [Public —No. 37.]
‘r ■ i ma k |a g appropriations for the support of the army
tor the year one thousand eight hundred and thirty-nine.
Be it enacted-by the Senate and House of Representatives
i c Slates oj America in Congress assembled, That
t le following sums be, and the same are hereby, appropriated,
to be paid out of any money in the Treasury not otherwise ap
propriated, for the support of the army during the year one
thousand eight hundred and thirty nine, that*is to say:
lor the pay of the army, one million five hundred and thir
ty-four thousand eight hundred and thirty-two dollars;
For the subsistence of officers, four hundred and seventy
thousand seven hundred and fifty-four dollars;
For forage of officers horses, one hundred and eleven thou
sand one hundred and fifteen dollars;
For payments in lieu of clothing to discharged soldiers, and
to officers, in lieu of clothing for their servants, fifty-nine thou
sand four hundred dollars;
For subsistence, exclusive of that of officers, one million one
hundred and twenty-two thousand eight hundred and thirty-one
dollars;
For clothing of the army, camp and garrison equipage,
cooking utensiis, and hospital furniture, four hundred and se
venty-three thousand four hundred and thirty five dollars;
1' or the medical and hospital department, twenty-four thou
sand four hundred dollars;
For the regular supplies furnished by the quarter-master’s
department, consisting of fuel, forage, straw, stationary, and
printing, two hundred and forty-five thousand five hundred
dollars;
I* or barracks, quarters, store houses, embracing the repairs
and enlargement of barracks, quarters, store houses, and hos
pitals, at the several posts; the erection of temporary canton
ments at such posts as shall be occupied during the year, and
of gun houses for the protection of the cannon at the forts on
the seaboard; the purchase of the necessary tools and materi
als for the objects wanted, and of the authorised furniture for
the barrack rooms; rent of quarters for officers; of barracks
for troops at posts where there are no public buildings for their
accommodation ; of sicre houses for the safe keeping of sub
sistence, clothing, and other military supplies, and of grounds
for summer cantonments, encampments, and military practice*
one hundred thousand dollars;
For the allowance made to officers for the transportation of
their baggage, when travelling on duty without troops, sixty
thousand dollars;
For the transportation of troops and supplies, viz : transpor
tation ot the army including the baggage of troops, when mo
ving either by land or water; freight and ferriages; purchase
or hire of horses, mules, oxen, carts, wagons, and boats, for
the purpose of transportation, or for the use of garrison; dray
age and cartage at the several posts; hire of teamsters ; trans
portation of funds for the pay department; expense of sailing
a public transport between the posts on the Culf of Mexico,
and of procuring water at such posts as, from their situation,
require it; the transportation of clothing from the depot at
Philadelphia to the stations of the troops; of subsistence from
the places ot purchase, and the points of delivery under con
tracts, to such places as the circumstances of the service may
require it to be sent; of ordnance from the foundries and ar
senals to the fortifications and frontier posts, and of lead from
the western mines to the several arsenals, the sum of two hund
red and five thousand dollars;
l 1 or the incidental expenses of the quartermaster’s depart
ment, consisting of postage on public letters and packets ; ex
penses of courts martial and courts of Inquiry, including the
compensation of judge advocates, members, and witnesses; ex
tra pay to soldiers, under an act of Congress of the second of
March, eighteen hundred and nineteen ; expenses of expresses
from the frontier posts; of the necessary articles for the inter
ment of non-commissioned officers and soldiers; hire of labor
ers, compensation to clerks in the offices of quartermasters and
assistant quartermasters at posts where their duties cannot be
pei formed without such aid, and to temporary agents in charge
ot dismantled works, and in the performance of other duties;
expenditures necessary to keep the two regiments of dragoons
complete, including the purchase of horses to supply the pla:e
of those which may be lost and become unfit for service, and
the erection of additional stables, one hundred and two thous
and dollars;
I or contingencies of the army, seven thousand dollars;
ot two months’ extra pay to re-enlisted soldiers, and for the
contingent expenses of the recruiting service, thirty thousand
nine hundred and twenty seven dollars;
T oi the national armories, three hundred and sixty thousand
dollars; J
1 ot the armament of the fortifications, one hundred thousand
f Ol the curient expenses of the ordnance service, one hun
dred thousand dollars;
For ordnance, ordnance stores, and supplies, one hundred
and twenty thousand dollars;
For arsenals, one hundred and fifty thousand dollars.
For new machinery at the Springfield armory, twenty thous
and dollars; J
lor purchase of land at the Allegany and Watertown ar
senals, three thousand five hundred dollars;
For the expense of preparing drawings of a uniform system
° artillery, and for other supplies in the Ordnance Department,
three thousand eight hundred dollars;
1’ oi arrearages prior to the first of July, eighteen hundred
and fifteen, per act of the first of May, eighteen hundred and
twenty, payable through the Third Auditor’s Office, three thou
sand dollars;
For surveying and opening of the western frontier military
road, being the balance of an appropriation carried to the sur
plus fund, fifty-two thousand one hundred and twenty-five dol
lars and sixty-seven cents;
Sec. 2. Be it further enacted, That the following sums be
and the same are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the preservation,
repaii s, and construction of certain fortifications and incidental
expenses for the year eighteen hundred and thirty-nine, viz:
For preservation of Castle island, and repairs of Fort Inde
pendence, at Boston, twenty-five thousand dollars.
For Fort Warren, at Boston, forty thousand dollars.
For Fort Adams, at Newport, ten thousand dollars.
For the fort at New London harbor, five thousand dollars;
For Fort Schuyler, at New York, ten thousand dollars;
For repairs of Castle Williams and Fort Columbus, and of
ficers’ quarters, at New York, two thousand dollars;
For Fort Delaware, ten thousand dollars. Provided, That
no part of this appropriation shall be applied till the title oT
the said fortification shall be decided to be in the United States;
For Fort Monroe, ten thousand dollars;
For Fort Calhoun, fifteen thousand dollars;
For Fort Caswell, five thousand dollars;
For fortifications in Charleston South Carolina, and for the
preservation of the site of Fort Moultrie, ten thousand dollars;
For Fort Pulaski, at Savannah, fifteen thousand dollars;
For Fort Marion and sea-wall at St. Augustine, ten thous
and dollars;
For fort on Foster’s bank, Pensacola, five thousand dollars;
For contingencies of fortifications, ten thousand dollars;
WHOLE NO. 271.