State journal & flag. [volume], December 11, 1846, Image 1

About State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846

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OLD SERIES. VOL- XLI.
“M^RESS OJntVffAlt”
CITY OF TUSCALOOSA, ALA.. FRIDAY, DEC. 11. 1846.
NEW SERIES-VOL 4-JNO. 4
J IHN HIH:OKnl( Ky»TA IK riinTlJK
FLAG OF THE UNION,
Established July 4, 1833.
STATE JOURNAL fc FLAG OF THE UNION,
United November 9,1843.
BY AUTHORITY.
1AWA OF TttE VtttftV STATES, TASSFI) AT TUB FIRST
SESSION OF THE TWENTY NINTH CONOBESS.
Public.—No. 176.
AN ACT malting’ appropriations for the Na
val service for the year ending on the thirti
• eth June, eighteen hundred and forty-seven.
(Sec. 1.] Be it enacted by the Senate
and House of Representatives of the United
States of America in Congress assembled,
That the following sums be, end the same are
hereby appropriated for the naval service, for
the year ending on the thirtieth June, eighteen
hundred and forty seven;
For pay of commission, warrant, and petty
officers and seamen, including the engineer
corps of the navy, three million five hundred
and seventy-one thousand seven hundred and
thirty five dollars ;
Passed midshipmen performing the duties of
master, under the authority of the Secretary of
the Navy, to receive the compensation allowed
to such higher grade, while actually so employs
ed.
For provisions, including transportation, coo
perage, and other expenses, eight hundred and
sixty nine thousand seven hundred and twenty
two dollars;
For surgeon’s necessaries, and appliances
for the sick and hurt of the navul service, in
cluding the marine corps, twenty-one thousand
and seventy-two dollars;
For the increase, repair, armament, and
equipment of the navy, and wear and tear of
vessels in commission, including coal for steum
ers, and hemp, one million fif y thousand dol
lars , and the President is hereby authorized to
construct by contract, any vessel or steamer
for the public service, when in his opinion the
same can be done with equal efficiency and on
terms more economical than in the present navy
yards.
For ordnance and ordnance stores, including
all incidental expenses, three hundred and sev
enty-one thouaand eight hundred and twenty
dollars ;
For books, maps, charts, and instruments,
binding and repairing the same, and all the ex
penses of the hydrographical office, thirly-fivo
thousand nine hundred dollars ;
For contingent expenses that may accrue for
the following purposes, viz : For freglit and
transportation ; printing and stationery ; books,
models, and drawings ; purchase, and repair of
fire-engines, and for machinery ; repair of
steam-engines, in yards ; purchuse and main
tenance of horses and oxen ; carls, timber,
wheels, and worktnen’6 tools ; postage of let
ters on public service ; coal and oilier fuel, and
oil and candles fur navy yards and slioro sta
tions ; incidental labor, not chargeable to any
other appropriations ; labor attending the de
livery ot public stores and supplies on foreign
stations ; wharfage, dockage, storage, and rent;
travelling expenses of officers ; funeral expen
ses ; commissions, clerk hire; store rent, office
rent, stationery, and fuel to navy agents and
storekeepers ; premiums, and incidental expen
ses of recruiting ; apprehending deserters ; per
diem allowance to persona attending courts
martial and courts of inquiry, or other services
authorized by law; compensation to judge ad
vocates ; pilotage and towing vessels, and assis
tance rendered to vessels in distress, five hun
dred and fifty thousand dollars ;
For contingent expenses for objects not heie
iabefore enumerated, five thousand dollars ;
For the support of the civil establishment at
the severs! navy yards, the officers and others
to be paid the annual compensation that was
allowed to them severally in the act making
appropriations for the naval service for th» year
ending on the thirtieth Jur.e, eighteen hundred
and forty-six, except ns hereinafter provided :
AT KIITERY, MAINE.
For pay of storekeeper, naval constructor,
inspector of timber, clerk to the yard, clerk
to the commandant, clerk to the storekeeper,
clerk to the naval constructor, and porter, sev
en thousand six hundred and fitly dollars.
AT CHARLESTOWN, MASSACHU
SETTS.
f or payot sloreKeepers, navai consirucior,
measurer and inspector of timber, clerk to the
yard, two clerks to the commandant, three clerks
to the storekeeper, clerk to naval constructor,
keeper of magazine, and porter, eleven thousand
one bundled and eighty dollars,
For repairs of the sheer wharf, Charlestown
navy yard, twelve thousand dollars.
AT BROOKLYN, NEW YORK.
For pay of storekeeper, naval constructor
measurer and inspector of limber, clerk to the
yard, two clerks to the commandant, three clerks
to the storekeeper, clerk to naval constructor,
keeper of the magazine, and porter, eleven thou
sand one hundred and eighty dollars.
AT PHILADELPHIA.
For pay of storekeeper, naval constructor
measurer and inspector of timber, clerk to the,
yard, clerk to the commandant, clerk to the
storekeeper, clerk to naval constructor, and por ■
ter, seven thousand seven hundred dollurs:
Provided, That when the duties of the clerk
to the yard and clerk to the commandant are
performed by the seme person, he shall not re
ceive a greater compensation than twelve hun
dred dollars per annum.
AT WASHING TON.
For pay of storekeeper, measurer and in-.
. spector of timber, clerk to the yard, two clerks
to commandant, clerk to the storekeeper, keeper
,»f the magazine, and porter, six thousand six
hundred and eighty dollars.
AT GOSPORT, VIRGINIA.
For pay of storekeeper, naval constructor,
..measurer and inspector of timber, clork to the
;yard, two clerks to commandant, three clerks
4to the storekeeper, clerk to the naval construe
zer, keeper of the magazine and porter, eleven
thousand one hundred and eighty dollars.
AT PENSACOLA.
For pay of storekeeper, naval constructor,
Clerk to the yard, two clerks to the comman
dant, two clerks to the storekeeper, and porter,
pight thousand and fifty dollars.
AT MEMPHIS,TENNESSEE.
For pay of storekeeper, clerk to the yard.
Clerk to the commandant, and porter, three thou,
nd three hundred dollars : Provided, That the
retary of the Navy be, and be is hereby
ithor'zeJ, when in his opinion the public in
set will permit it, to discontinue any of the
, il offices and employments herein provided
it »t the navy yards, or to discharge the keep
era of magazim s and require their duty to be
performed by gunners.
For improvements and necessary repairs of
navy yards, viz:
AT KITTEUY, MAINE.
For wall for landing wharf at smithery, and
filling in, one thousand seven hundred and five
dollars and fifty cents;
For cistern, near mast and boat house, two
thousand dollars ;
For granite gun-skids, and road to grave
yard, one thousand one hundred and thirty -two
dollars;
For repairs of all kinds, four thousand dol
lars.
AT CHARLESTOWN.
For drain and iron frame for dry dock pumps,
and set of keel blocks, two thousand seven hun
dred and foriy dollurs;
For pipes for drain and rain water and waste
steam, three thousand dollars ;
For completing wharf No. 6(j, between 1 and
30, nine thousand dollars.
For completing reservoir, one thousand dol
lars ;
For wall on southwest side of site5l, filling
in that part of yard, three thousand eight hun
dred and sixty dollars.
For repairs of all kinds, ten thousand dol
lars.
AT BROOKLYN, NEW YORK.
Towards continuation of cob-wharf, twenty
nine thousand five hundred dollars ;
Towards extension of coal house, (seventy
feet,) four thousand three hundred and eighteen
dollars ;
Towards repairing and replanking bridge,
three thousand dollars ;
Towards building a foundation under frigate
Sabine, six thousand dollars ;
Towards the construct inn of a timber shed,
twelve thousand dollars. •
Towards repairs of all kinds, eight thousand
dollars ;
For dry dock, two hundred and fifty thousand
dollars ;
AT PHILADELPHIA
For extension of and moving ship-house, G,
five thousand dollars ;
Fur repairs of all kinds, three thousand dol
lars.
AT WASHINGTON.
ror anchor lorges, (live,) and removing small
forge in anchor shop, two thousand six hundred
and sixly-four dollars;
For chain cable forges, (twelvp,) in hydraulic
proving niacliin e shop, l wo thousand eight hun
dred and ninety dollars ;
For completion of laboratory buildings, five
thousand one hundred and six dollars and fifteen
cents;
For repairs of all kinds, two thousand five
hundred dollars.
AT GOSPORT.
Towards storehouse No. 13, to be used as
timber shed, eighteen thousand dollars ;
'l'owurds lauching slip and quay walls, twelve
thousand dollars ;
For (he purchase of St. Halena, two thou- !
sand four hundred and three dollars and fifty
cents ;
Towards repairs of all kinds, seven thousand
dollars.
AT PF.N^ACnt.A.
Towards the blacksmith shop, twenty-one
thousand dollars ;
Towards cisterns at numbers 20, 25, and 26,
twelve thousand dollars ;
Towards coal house, eight theusand dollars ;
Towards lime-houseplwo thousand five hun
dred dollars ;
Towards wharfs, (permanent,) fifty-nine thou
sand dollars ;
Towards dredging machine, scows, &c. six
sixteen thousand dollars ;
For repairs of ail kinds, five thousand dol
lars. „
AT SACKETT'S HARBOR.
For repairs of all kinds, one thousand dol
lars ;
For purchase of Navy Point and Fort Tomp
king, two thousand five hundred dollars ;
For the improvement and repairs of the sev
eral navy hospitals, viz:
AT CHELSEA.
Building for a coal-house, repairing outhouses
and wall in rear of main building, two thousand
four hundred and twenty dollars ;
AT BROOKLYN.
For completing small pox-hospital, ten thou,
sand dollars ;
For repairs to hospital quarters, three thou<
sand dollars.
NEAR GOSPORT.
For fence around garden and repairs to hos
pital buildings, two thousand six hundred and
sixty-seven dollars.
AT t'CilNSAUUL.A.
For centre building at hospital and galleries
to connect buildings, seven thousand lour hun
dred and nine dollars and fifty cents ;
F»r engine house, five hundred and ten dol
lars ;
For repairs of hospital quaiters, three thou
sand dollars ;
For magazines, viz;
At Charleston, one hundred and fifty dol
lars ;
At Brooklyn, two hundred dollars ;
At Washington, one hundred and fifty dol
lars ;
At Gosport, three hundred dollars.
MARINE CORPS.
For pay of officers, non-commissioned offi
cers, musicians, privates, and servants, serving
on shore, and suosistence of officers, two hun
dred thousand seven hundred and seventy-one
dollars : Provided, That no payment shall here
after be made to the colonel, or any other officer
of said corps, by virtue of a commission of bri
gadier general by brevet;
For clothing, foity-six thousand seven hun
dred and eighty-seven dollars and fifty cents ;
For piovisions, forty-five thousand seventy
dollars and twenty cents ;
For military stores, repair of arms, pay or
armorers, accoutrements, ordnance stores, flags,
drums, fifes, and musical instruments, two
thousand three hundred dollars ;
For transportation of officers and troops, and
for expenses of recruiting, eight thousand dol
lars ;
For repair of barracks and rent of temporary
barracks, six thousand dollars ;
For contingencies, viz : freight, ferriage, toll,
wharfage and cartage ; compensation to judge
advocates; per diem for attending courts mar
tial and courts of inquiry ; per diem to enlisted
men on constant labor; house rent where no
public quarters are assigned ; the burial of de
ceased marines ; printing, stationery, forage,
postages, and the pursuit of deserters: candles
and oil ; straw, barrack furniture, bed sacks ;
spades, axes, shovels, picks, carpenter's tools,
and keeping a horse for the messenger, seven
teen thousand nine hundred and eighty dollars.
Sue. 2. And bt it further enacted. That it
shall be the duty of the Secretary of the Navy,
on the conclusion of the existing war with
Mexico, to reduce the number of petty officers,
seamen, ordinary seamen, landsmen, and boys,
herein provided for, to seven thousand five hun
dred.
Sec. 3. And be it further enacted, That it
shall be the duty of the Secretary of the Navy,
in the expenditure of the appropriations made
tor the navy yard at Memphis, to coniine the
same to the construction of a ropewalk.
Sec. 4. And be it f irther t meted, That of
the money appropriated in this act for “pay of
the i avy,” and “contingent expenses enumera
ted” an amount not exceeding twenty-eight
thousand and two hundred dollars may bo ex
peuded, under the direction of the Secretary of
the Navy, tor repairs., improvements, and in
struction at Fort Severn, Annapolis, Mar) land.
Sec 5. yind be it farther enacted, That, upon
application of the Secretary of the Navy, the
President of the United States shall have au
thority, when in Ins opinion the cxigeicies of
the service require it, to direct that a part of the
money appropriated for a particular branch of
the naval service be applied to another branch
of the said set vice ; in which case, a special
account of the moneys thus transferred, and of
their application, shall be laid before Congress
betore its adjournment, if in session, or during
the first week of the next ensuing session if
such transfer be made in the recess of Con
gress : Provided, That nothing contained in
this act shall be construed to authorize the Pre
sident of the United States to direct any sum
appropriated for improvements at navv yards to
be applied to any other object of public expen
diture, or to authorize any sum to be transferred
from any unexpended balance which may be
necessary for the purposes for which the appro
priation was originally made, or from any head
or object of appropriation which may require an
other appropriation at any future time to supply
the deficiency occasioned by such transfer :
Provided, alto, That this section shall apply to
the appropriations for the fiscal year ending
June thirtieth, eighteen hundred and forty-six,
and to no other.
cite. o. jvxa oe it furiner enacieu, t nai irmn
and after the paasage of this act, every propo
sal for naval supplies invited by the Secretary
of the Navy, under the proviso to the general
appropraliun bill for the navy, approved March
third, eighteen hundred and forty-three, shall bo
accompanied by a written guaranty, signed by
one or more responsible persons, to the effect
that he or they undertake that the bidder or
bidders will, if hi* or their bid be accepted, en
ter into an obligation in such time as may be
prescribed by the Secretary of the Navy, with
good and sufficient sureties, to furnish the sup
plies prnposed.—No proposal shall be consider
ed, unless accompanied by such guaranty. If,
after the acceptance of a proposal, and a notifi
cation thereof to the bidder or bidders, he or
they shall fail to enter into an obligation with
in the tiina prescribed bv the Secretary of the
Navy, with good and sufficient sureties for fur
nishing the supplies, then the Secretary of the
Navy shall pioceed to contract with some other
person or persons for furnishing the said supplies;
and s lull forthwith cause the difference between
the amount contained in the proposal so guar
antied and the amount for which he may have
contracted for furnishing the said supplies, for
the period of the proposal, to be charged up
against said bidder or bidders, and his or their
guarantor or guarantors ; and the same may be
immediately recovered by the United States,
for the use of the Navy Department, in an ac
tion of debt against either or all of said persons.
Approved, August 10, 1846.
Public.—No. 178.
AM ACT to establish the ••Smithsonian Insti
tution,” fur the increase and diffusion of
knowledge among men.
James Sinuhson, esquite, of London, in the
kingdom of Great lirilain, having by his last
will and testament given the whole of his
properly to the United States of America to
found at Washington, under the name of the
“Smithsonian Institution,” an establishment
lor the increase and diffusion of knowledge
among men ; and the United States having
by an act of Congress received said property
and accepted said trust; therefore, for the
faithful execution of said lru3l according to
the will of the liberal and enlightened donor:
[Sisc. I ] Be it enacted by the Senate
and House of Representatives of the United
Slates of America in Congress assembled,
That the Pres'dent and Vice President of the
United States, the Secretary of Slate, the Sec
reiary of the Treasury, the Secretary of War,
the Secretary of the Navy, the Pos linaster Gen
eral, the Attorney General, the Chief Justice,
Slid the Commissioner of the Patent Office of
the United States, and the Mayor of the city of
Washington, during the time for which they
shall hold their respective offices, and such eth
er persons as they may elect honorary members,
be, and they are hereby constituted, an “estab
lishment,"Uy the name 01 me “smitusonian in
stitution,” for the increase and diffusion of)
knowledge among men ; and by that name t
shall be known and have perpetual succession, |
with the powers, limitations, and restrictions
hereinafter contained, and no other.
Sso. 2. And be it further enacted, That so
much of the property of the said lames Smithson
as has been received in money, and paid into
the Treasury of the United States, being the
sum of five hundred and fifteen thousand one
hundred and sixty-nine dollars, be lent to the
United States Treasury, at six per cent, per
annum intciest from the first day of September,
in the year one thousand eight hundred and
thirty-eight, when the same was received into
the said Treasury ; and that so much of the in
terest as may have accrued on the said sum on
the first day of July next, which will amount to
the sum of two hundred and fortv-t"o thou
sand one hundred and twenty-nine dollars, or
so much thereof as shall by the board of regents
of the institution established by this act be deem
ed necessary, be, and the same is hereby, ap
propriated for the election of suitable buildings,
and for other current incidental expenses of
said institution ; and that six per cent, interest
on the said trust fund, it being the said amount
of five hundred and fifteen thousand one hun
dred and sixty-nine dollars, received into the
United States Treasury on the first of Septem
ber, one thousand eight hundred and thirty
eight, payable, in half -yearly payments, on the
first of January and July in each year, be, and
the same is hereby, appropriated for the perpet.
ual maintenance and support of said institution;
and all expenditures and appropriations to be
made, from 'ime to time, to the purposes of the
institution aforesaid, shall be exclusively fiom
the accruing interest, and not from the princi
pal of the said fund. And be it further enacted.
That all the moneys and stocks which have been,
or may hereafter be, received into the Treasury
of the United States on account of the fund
bequeathed by James Smithson, be, and the
same hereby are, pledged to refund to the Trea
sury of the United Stales the sums hereby ap
propriated.
Sec. 3. And be it further enacted, That the
jusinesa of the said institution shall be conduc
ted at the city of Washington by a board of
regents by the name of the Regents of the
■Smithsonian Institution,” to be composed of
the Vice Pres dent of the United Stales, the
Chief Justice of the United States, and the
Mayor of the city of Washington, during the
Lime for which they shall hold their respective
offices ; three members ofthe Senate, and three
members of the House of Representatives, to
Sether with six other persons, other than mom
ers of Congress, two of whom shall be mem -
ben ofthe National Institute in the city of
Washington, and resident in the said city ; and
the other four thereof shall he inhabitants of
States, and no two of them of the asine State,
And the regents to be selected as aforesaid,
shall be appointed immediately after the passage
of this act—the members of the Senate by the
President thereof, the members or the House
by the Speaker thereof, and the six other per
sons by joint resolution of the Semite and House
of Representatives ; and the members of the
House so appoint! d shall serve until the fourth
Wednesday in December, the second next af
ter the passage of this act; and then, biennially
thereafter, on every alternate fourth Wednes
day of December, a like number shall be appoint
ed in the same manner, to serve until the iourtli
Wednesday in December, the second succeed
mg their appointment. And the senalois bo
appointed shall serve during the term for which
they snail hold, witliout re-election, their olTice
a.i Senators, And vacancies, occasioned by
death, resignation, or otherwise, shall he filled
as vacancies in committees are tilled—and the
oilier six ineribers aforesaid, shall serve, two
for two years, two lor four years, and two for six
years; the terms of service, in (he first place,
to be determined by lot; but after the first
term, then their regular term of eervice shall
be six years : and new elections thereof shall
be made by joint resolutions of Congress; and
vacancies occasioned by death, resignation or
otherwise, may be filled ill like manner, by joint
resolution of Congress. Anil the sa'd regents
shall meet in the city of Washington on the
first Monday ofSeptembei next alter the pas
sage of this act, and organize hy the election of
one of their number as chancellor, who shall be
the presiding officer of said board of regents, by
the name of the Chancelloiof the “Sniilhsonian
Institution,” and a suitable person as secretary
of said institution, who shall also be the secreta
ry ol said hoard of regents ; said hoard shall also
elect three ot ilieir uwn uuly as an executive
committer, and said ,regeuls shall then lix on
the time for the regular meetings of said beard ;
and on application of any three of the regents
to the secretary of tliu saiJ institution, it shall
be his duly to appoint a special meeting of the
hoard of regents, of which lie shall give notice
by letter to each of the number,; and at any
meeting of said board, five shall constitute a
quorum to do business And each member of
said board shall be paid hs necessary travels
ling and other actual expenses in attending
meetings of the board, which shall be audited
by the executive coinmiltte, and recorded by
the secretary ot said board; but bis service os
regent shall be gratuitous. And whenever mo
ney is required lor the payment of the debts or
performance of the contracts of the institution,
incurred or entered into in conformity with the
provisions of this act, or for making the pur
chases and executing the objects authorized by
ihis act, the hoard of regents, or the executive
committee thereof, may certify to the chancel
lor and secretary ot the board, that such sum of
money is required ; whereupon they shall ex
amine the same, and, if they shall approve
thereof, shall certify the same to the proper of
ficer of the Treasury tor payment. And the said
board shall submit to Congress, at each session
thereof, a report of the operations, expenditures,
and condition of the institution.
Hkc. 4 And be it further enacted, That, af
ter the board ot regents shall have met and be.
come orgauiz'd, it shall 1,0 »n„ir Hmy forthwith
to proceed to select a suitable site fur such
building as may be necesaary for the institution;
which ground may be taken and appropriated
out of that part of the public ground in the city
of Washington lying between the l'alenl Office
and Seventh street; Provided, The President
of the United Slates, the Secretary of Mate,
the Secretary of tho Treasury, the Secretary of
War, the Secretary ot the Navy, and the Com
■nissioner uf the Patent Office, shall consent to
the same; but, if the persons last named shall
not consent, then such location niny be made
upon any other of lli9 public grounds within the
city of Washington, belonging to the United
States, which said regents may select, by and
with the consent of die persons herein named ;
and the said ground so selected shall be set out
by proper metes and hounds, and u description
of the same shall be made and recorded in a
book to be provided for that purpose, and sign
ed by the said regenis, or so many of them as
may be convened at the time of tlieir said
organization ; and such record, or a copy
thereof, certified by the chancellor and sec
retary ot the board of regents, shall be recei
ved in evidence ill all courts of the extent and
boundaries of the lands appropriated to the said
inslilution ; a,id upnn the making of such rec
ord, such site and l.indo shall he deemed and
taken to bo appropriated by force of this act
to the said institution.
oku. ij. stria ue it funner enacira, inai, mi
soon as the board of regents shall have selected
the said site, I hey shall cause to be erected a
suitable building, of plain and durable materials
and structure, without unnecessary ornament,
and of sufficient size, and wiili suitable rooms
or hallb for the reception and arrangement, up
on a liberal scale, ofoojecls of natural history,
including a geological and rnineralogical cabi
net ; also a chemical laboratory, a library, a
gallery of art, and the necessary lecture rooms ;
and the said board shall have authority, by
themselves, or by a committee of three ot their
members, to contract for the completion of such
building, upon such plan as may be directed by
the board of regents, and sh ill lake sufficient se
curity for the building and finishing the same
according to the said plan.and in the time stip
ulated in such contract; and may so locate said
building, if they shall deem it proper, as in
appearunce to form a wing to the l’atenl Office
building, and may so connect the same with the
present hall of said Patent Office building, con
taining the national cabinet of curiosities, as to
constitute the said hall in whole or in pnrt the
deposit for the cabinet of said institution, it they
deem it expedient to do so: Provided, said
building shall be located upon said Patent Office
lot, in the manner aforesaid: Provided, however,
That the whole expense of the building and
enclosures aforesaid shall not exceed the amount
of-dollars; which sum is hereby ap
propriated, payable out of money in the Treas
ury not otherwise appropriated, together with
such sum or sums outnfihe annual interest ac
cruing to the institution as may, in any year,
remain unexpended, ofier paying the current
expenses of the institui ion. And duplicates of
all such contracts as may be made by the snid
board of regents shall be deposited with the
Treasurer of the United St ites ; and all claims
on any contract made as aforesaid shall beal
lowed and certified by the b ard of regents, or
the executive committee thereof, as the case
may be, and being signed by the chancellor and
secretary of the board, shall be a sufficient vouch
er for settlement and payment at the Treasury
of the United Slates. And the board of regents
shall be authorized to employ such persons as
they may deem necessaryto superintend the erec
tion of the buildings and fitting up the rooms
of the institution. And .all laws for the protec
tion ‘of public property in the city of Washings
ton shall apply to, and be in force for, the pro
lection of the lands, buildings, and other proper
ty ofsaid institution. And all moneys recovered
by, or accruing to, the institution, shall be paid
into the Treasury of the United States, to the
credit of the Smithsonian bequest, and separate
ly accounted for, as provided in the act appro
ved July first, eighteen hundred and thirty-six,
accepting ea>d bequest
Sec. 0. And be it further enacted, That,
in proportion as suitable arrangements con be
made for llieir reception, >11 objects of art and
of foreign and curious research, and all ob
jects of natural history, plants, and geological
and mincralngical specimens, belonging, or
hereafter to belong, to the United Stales, which
may be in the city of Washington, in whosoever
custody the same may be, shall be delivered to
such persons as may be auihorised by the board
of regents to receive them, and shall be arranged
| m such order, and so classed, as best facilitate
the examination and study ot them, in the
building so as afort said to be erected for the
institution; and the regents of said institution
shall afterwards, as new specimens in natural
history, geology, or mineialogy, may bo ob
tained for the museum of the institution, by
exchanges of duplicate specimens belonging
to the institution, (which they are hereby au
thorised to make,) or by donation, which they
may receive, or otherwise, cuuse such new spe
cimens to be also appropriately classed and ar
ranged. And the minerals, hooks, manuscripts,
and other property of Janies Smithson, which
have been received by the Government of the
United States, and are now placed in the De
partment of State, shall be removed to said in
stitution, and shall be preserved separate and
apart from the other property of the institution.
Sec. 7. Anil be it further enacted, That the
secretary of the board of regents shall lake
charge of the budding and property of said in-,
stitiition, and shall,under their direction, make
a fair and accurate record of all their proceed
ings, to be preserved in raid institution ; and
the said secretary shall also discharge the du
lies of librarian and of keeper of the museum,
and may, with the consent of the board of re
gents, employ assistants ; and the said officers
shall receive for their services such sum as
may be allowed by the board of regents, to be
paid semi-annually on the first day ot January
and July ; and the said officers shall be remov
able by the board ot regents whenever, in their
judgment, the nterests ot the institution require
any of the said officers to be changed.
one. 8. And be it further enacted. Print the
members ami honorary members of said instil u
lion may hold such sluled and special meetings,
for the supervision of the affairs of said msti
tution and the advice and instruction of said
bord of regents, to be called in the manner
provided for in the by-laws of said institu
tion, at which the President, and in Ins abseue
the Vice President of the United Slates shall
preside. And the said regents shall make,
from tho interest uf said land, an appropriation,
n >t exceeding an average of twenty IFvo thou
sand dollars annnully, for the gradual formation
of a library composed of valuable works per
taining to all dcpartmenis of human know
ledge.
Sec. 9. jlni be it further enacted. That, of
any other moneys which have accrued, or shall
hereafter accrue, as interest upon the said Smith
sonian fund, nut herein appropriated, or not re
quired for the purposes herein provided, the
said managers are hereby authorized to make
such disposal as they shall deem best suited for
'tho promotion of the purpose of the testator,
any thing herein contained to the contrary not
withstanding.
Sec. 19. -dnd be it further enacted, That
tho author or proprietor of any book, map,
chart, musical composition, print, cut, or en
graving, for which a copyright shall be secured
under tho existing acts of Congress, or those
1 which shall hpreufier be enacted respect ing
copyrights, shall, within three months from the
publication of said book, map, chart, musical
composition, print, cut, or engraving, deliver, or
cause to be delivered, one copy of the same lo
tho librarian of the Smithsonian Institution and
one copy to the librarian of Congress Library,
for the use of said libraries.
Sec. 11. jind be it further enacted, That
tlicrc is reserved to Congress the right of al
tering, amending, adding to, or repealing any
of the provisions of this act: Provided, That
no contract, or individual right, made or ac
quired under such provisions, sh ill be thereby
divested or impaired.
Approved, August 10, 1818.
Pi'bmc.—No. 109.
AN Aqr to carry into effect Ihe convention
between the United States and the Republic
of Pern, concluded at Lima, the seventeenth
<Jjy of,March, eighteen hundred and forty
one.
[Sue. 1.] Be it enacted by the Senate
and House of Re.presenlatiees of the United
States of America in Congress assembled,
That the Attorney General of the United States
shall be, and is hereby, authorized and empow
ered to adjudicate the claims arising under the
convert'inn concluded between the United
Slates and the Republic of Peru, at Lima, the
seventeenth March eighteen hundred and forty
one ; and shall, within the space of twelve
months Iron) and after tha passing of this act,
receive, examine, and decide upon the amount
and validity of all such claims as may be pre
sented to him, and as are provided for by the
said convention, according to the merits ot ttie
several cases, and the principles of justice,
equity, and the law of nations, and the stipula
tions of the said convention. And the Attor
ney General shall be, and is hereby, authoriz d
and empowered to appoint the clerk of the At
torney General’s office, or any other person, to
act as clerk under him in the performance of
the duties prescrihed by this act; and the At
torney General and the said clerk shall, before
entering on such duties, severally take an oath
for their faithful performance.
Sec. 2. And be itJurther enacted. That the
Attorney General shall be, and he is hereby,
authorized and empowered to make all needful
rules and regulations, not contravening the
laws of the laud, the provisions of this act, or
the provisions of the said convention, for carry
ing the said convention and this act into effet.
Sec. 3. And be it further enacted. That all
records, documents, or other papers which now
are in, or hereafter may come into, the posses
sion of the Department of State, in relation to
the snid claims, shall be delivered to the Attor
ney General, who shall furthwilh, after the pass
ing of this act, proceed to execute the duties
hereby confided to him, and shall give notice in
one or more of the newspapers published in tint
city of Aashington, and ill such other newspa
pers published elsewhere as he may deem nec
essary, of bis appointment to adjudicate ilie
said claims, and requii ing Ihe claiinanis to pre
sent their claims and evidence ; and shall there
after proc ed, with all convenient despatch, to
arrange and docket the several claims, and to
consider the evidence which shall have been or
may be offered by the respective claimants, al
lowing such further tune for the production of
additional evidunce as he shall consider rea
sonable and just ; and shall thereafter adjudi
cate and determine the said claims, and award
the ratable proportions of the several claimants
in the sums which may have been received,
and which may he hereafter received by the
United States from the Republic of Peru, under
the stipulations of the convention aforesaid.
Sec. 4. Andbe it further enacted, That the
compensation of the Attorney General and his
clerk, for their services, in the adjudication of
the said claims, and carrying the >aid conven
lion and this act into effect, shall be as follows,
and no more, to wit; two thousand do'.lurs tor
tlte Attorney General, and one thousand dollars
; for his clerk, payable out. of the first funds re
ceived under the said convention.
Skc. 4 And be it further enacted. That the
A tuiney General uhull report to the Secretary j
of State a list of the several awards made by !
him, a certified copy of which ahull be frans- j
milted by the said Secretary of Slate to the j
Secretary of the Treasury, who shall from time
to time, as they imy be received, distribute iri j
ratable proportion umon^ the persons in whose
favor the awards shall have been made, such
sums of money or secutilics as may have been !
received into the Treasury in virtue of the said
convention and this act, according to the pro* |
portion which their respective awards shall benr j
to the whole amount received, first di dueling :
such sums of money as may he due to the United
States from said persons m whose favor said
awards sl all be made. And the said Secreta
ry ot the 'Treasury ahnl) cause certificates to be
issued, in such formas lie shall prescribe, show
ing the proportion to which each claimant may
be entitled of the amount to be received; and
on the presentation of the said certificates at the
Treasury, as the nett proceeds of the several
instalments may be received, such proportions i
thereof ahull be paid to the legal holders of said j
certificates.
Skc. 6. And beit further enacted, That the I
Secretary of the Treasury shall cause the eeve- j
ral instalments, with the interest thereon, pay j
aide to the United States in virtue ot the said ]
convention, or the securities therelor. to be re- i
ceived from the Republic of Peru, and transfer- I
red to the United States, hi such manner as he [
may deem best; and the nett proceeds thereof!
to be paid into the Treasury, and the same are j
hereby appropriated to pay the awards herein
provided for.
Skc. 7. And be it further enacted, That, as
soon as the duties hereby prescribed ore com
pleted by the Attorney General, the records,
documents, and all other papers relating to the i
said claims in his possession shall be deposited !
in the ofiice of the Secretary of State.
Approved, August 8, 1846.
Public —No. 172.
AN AC r authorizing the inhabitants of town
ship one, ol lunge thirteen east, Seneca coun
ty, Ohio, to rehiit|insh certain lands selected
tor schools; and to obtain others in lieu of!
them.
[Sec. 1. ] Re it enacted by the Senate j
and House of Representatives of the United
Slates of America in Congress asssembled, |
That, on the relinquishment to the United j
States by the proper school trustees ot townsli p i
one, ol range thirteen ensr, in Seneca county, I
Ohio, ot all the rigid, title, and interest of the !
inhabitants of said township to the cast half j
and north-west quarter of section eight, in
township ten south, of range nine east, contain ■
it g tour hundred and eighty acres, and Cedar
Point, on Cedar Island, in Lake Erie, contain
ing thirty-four acres and eighty-nine Imndruths
ot an acre, heretofore selected for them as
school lauds, under the provisions of the act of
twentieth May, eighteen hundred and twenty
six, entitled "An act to appropriate lands for
the support of schools in certain lownships and
tractionul townships not heretofore provided
I for,” the said school trustees be, and they are
| hereby, authorized to select and enter, free of j
cost, n quantity not exceeding five hundred and
, fourteen acres of the lands belonging to the
United Stales within the limits ot the late Wy- j
andotl cession, or ot any of the land districts in
the Slate of Ohio, in tiaets conforming to the
subdivisions into which the lands shall be rep
resented on the plats of survey: Provided,
That the selections hereby authorized to be
made shall not embrace lands upon which the
assessed improvements of Indians have been
made.
Sec. 2. And be it further enacted. That, when
the lands here authorized to be aelecled oren
lereo shall have been approved by the Secreta
ry of the Treasury, they shall be held by the
inhabitants oflhe township herein first designa
ted, by the same tenure, and upon the suine
terms, lor the support of schools in said town
ship. as if they had been selected under the pro.
visions of the before recited act of twentieth
Alny, eighteen hundred and t wenty-six.
Approved, Augusts, 1S1U.
Tublic—No. 170.
AN ACT to grant a certain quantity of land to
aid in the improvement of the fox and Wis
consin rivers, and to connect the same by a
canal, in the Territory of Wisconsin.
[Sec. 1.] lie it enacted by the Senate
and House of Represcntallives of the United
States of America in Congress assembled,
That there be, and hereby is, granted to the
Stale of Wisconsin, on tlie admission of such
Slate into the Union, lor the purpose of impro
ving the navigation of the fox and Wisconsin
rivers, in the Territory of Wisconsin, and of
constructing the canal to unite the said rivers
at or near the portHge, a quantity of land, cqunl
to one luilf of three sections in width, on each
Bide of the said Fox river, and the lakes through
which it passes, from its inoulli to the point
where the portage canal shall enter the same,
and on each side of the said canal from one
stream to the oilier, reserving the alternate
sections to the United States, to be selected
under the direction of the governor of said
State, and such selection lobe approved by the
President of the United States. The said riv
ers, when improved, and the said canal, when
finished, shall he and forever remain a public
highway for the use of the Government of the
United States, free from any toll or other charge
whatever for the transportation of the mads, or
for any properly of the United States, or pers
ons in their service passing upon or along the
same: Provided, The said alternate sections,
reserved to the United States, shall not be sold
at a less rate than two dollars and fifty cents
the acre : Provided, also. That no pre emptive
claim to the lands so reserved shall give the oc
copant, or any other person claiming through
or under him, a right to said lauds at any price
less than the price fixed ill this act, at the time
of the settlements oil said lands.
Seo. 2. And be it further enacted. That as
soon as the Territory of Wisconsin shall be
admitted as a Slate into the Union, all the lands
granted by tins act shall be and become tbe
property of sa d Slate for the purpose comem
pl.ited in tills act, and no other : Provided, That
tbe legislature of said Slate shell agree to ac .
cept said grant upon the terms specified in this
act ; and shall have power to fix the price at
which said lands shall be sold, not less than one
ddfiar and twenty five cents Hie acre; and to
adopt such kind and plan of improvement on
said route as the said iegislalure shall fioin time
to time determine lor tlie best interest of said
State. Provided, also, That the lands hereby
grunted shall not be conveyed or disposed of by
said Stale, except as said improvements shall
progress; that is, the said Slate tnay sell so
much of said lands as shall produce the sum of
twenty thousand dollars, and then the salessliall
cease until the govt-ruor of said State shall cer
tify the fact to the President of the United
Slates that one half of said sum has been ex
pended upon said improvements, when the said
Stale may sell and dispose of a quantity of said
lands sufficient to reimburse the amount expen
ded ; and thus the sales shall progress as the
proceeds thereof shall be expended, and the
fact of such expenditure certified in the man.
ner herein mentioned.
Skc. o y/nd be it further enacted. That
tlic raid improvement shall be c mmenced with
in throe years after the said Sta e shall bead
niittet! imo tlm (Jmon, and completed within
twenty years, nr the Unit' d States shall be en
titled to receive the amount for which any of
said lands may have been aid d by said State:
Provided, i hat the title nf purchasers under
the Bales in .do by this Slate, in pursuance of
this act, shall he valid.
Approved, August 8, 184.1.
Public_No. K4.
AN AC I to refund to certain perona an ex
. ce89 ol duty exacted oil the importation of
loruign iti'Toliandnm,
[Sec. l.J He it enacted by the Senate
mil House of Representatives of the United
States of America in Congress assembled,
That thu Secretary of ihe Treasury be, and he
lierby is, authorized and required to pay to Mi
nice, Phelps, and Company, and Manice, Gold,
and Company, merchants to the city of New
Vork. any excess of duty paid bv I hem to the
collector of the port of New York, upon the
imporation of certain Thibet shawls, worsted
Valencias, worsted and cotton eriniuetta, bro
chellas, pincettas, and cashinerelts, since the
fourteenth day of July, eighteen hundred and
thirty-two, beyond what the same'were legally
chargeable with ; and to pay to HalaUd,
Hainea, and Company, merchant* of the city
of New York, any excess nf duty paid by them
in the years eighteen h ndred ard thirty three;
eighteen hundred and thirty-five, eighteen
hundred and thiry-six, eighteen hundred and
tlnrty.eight, and eighteen huudri d and thirty
nine, upon the importation nf wove shirts, wors
ted cravats, and silk twists, beq ond what the
same were by law chargeable with an interest
thereon from s .id lime, of payment; ai.d also
to pay to Edwu.d llardv, of the city of New
York, any excess of duly paid by him on the
importation, in the year eighteen hundred and
thi'ty-eight, of wove shirts and drawers, wors
ted Guernsey frocks, and cotton and merino
anu worst™ suit's anu drawers, neyonn wirnt
the some wore chargeable with, anil interest
thereon from said time of payment ; and alao to
pay to George Trull any excess of duly paid
by him on the importation, in the years eigh
teen hundred and thirty-tight, eighteen hun
dred and thirty-nine, and tighten hundred and
forty,of wove alnrts anil drawers, beyond what
Wi.s legally chargeable thereon, and interest on
such excess from said tune of payment; and
also lo pay to Smith,Thurger, and Company,
merchants of the oily of New York, any ex
cess of duty paid hy them on the importation
lit jute grass under the name of India malting,
India weed, hemp carpeting, anil jute carpet
ing, in the yearn eighteen hundred and thirty
eight, eighteen hundred mid thirty.nine,•« igli
tecn hundred and forty, and eighteen hundred
anil forly one, beyond wliat the same were le
gally chargeable with, and interest on such ex
cess ; and also to pay to Jonathan Little, as
signee of Wliiley and Taylor, merchants of the
ciiy of New York, any excess of duty paid by
them upon the nnportalioii of silk twist, in the
years eighteen hundred and thirty-eight and
eighteen hundred anil thirty.nine, beyond what
tile same was legally chargeable with ; said
several sums to be paid out of any money
in the Troasury not otm-rwlse appropriated '
Provided, That, if either of the persons here
inbefore named is in any manner indebted to the
United Slates, ltie sum eo payable lo such in
debted person, or so much thereof as will be
necessary, sha 1 be retained in sett-off to such
indebtedness
Sbc. 2. And he it further enacted. That,
the Secretary of the Tieasury be, and he i»
hereby authorized, out of any money ill the
Treasury not otherwise appropriated, to refund
to the several persons entitled thereto, such
sums of money as have been illegally exacted
by collectors of the customs, under the sanction
of the Treasury Department, for duties on
imported merchandise, since the third of
March, eigtoen hundred and thirty ihree: Pro
Tided, That, before any such refunding, the Sec
retary shall be satisfied, by decisions of the
courts of the United States upon the principle
involved, that sucli duties were illegally ex
acted : And provided, also, That such decis
sionaofihe courts shall have been ailupted or
acquiesced in by the Treasury Department a*
its rule of construction.
Approved, August 8, 1840.
RESOLUTIONS.
[No. 1 J — Joint Resolution for the admis
81011 of die Stale of Texan into Ilia Union.
Whereas the Congress of the United
Stales, by a joint resolution approved March
ibe first, eighteen hundred and forlv five,
did consent that the territory proporly in
cluded within, and rightfully belonging to,
the republic ofTexus, might lie erected into
a new State, to be called the State of Texas,
with u republican form of government, to
be adopted by tlie people of said republic,
by deputies in convention assembled, with
consent of the existing government,[in order
that the same might be udinilted as one of
the States of the Union ; which consent of
Congress was given upon certain condi
lion, spec Tied in (lie first und second sec
lions ol said joint resolutions, and where: s
the people of the said republic of Texas,
by deputies in convention assembled, with
the consent of the existing government, did
adopt a constitution, und erect a new State
with a republican (orm of government, and
in the name of the people of Texas, and by
their authority, did oafum and declure that
they assented to und accepted the propo
sals, conditions, und guarantees contained
in said first ami second section of said res
olution : and whereas Ihesnid constitution,
with the proper evidence of its adoption by
the people of the republic of Texas, ha»
been transmitted to the President of the
United States and laid before Congress, in
conformity to the provisions of said joint
resolution : therefore,
Resolved by the Senate and House of Rep
resentatives of the United States of America
in Congress assembled. That th i State of
Texas shall he one, nnd is hereby declared
to be one. of the United Staresof America,
and ndmilted into the Union on an equal
fooling with the orginul Stales in all res
pects whatever.
Sec. U. And be it further resolved, That
mlil the representatives in Congress shall
)e uppotioned according to an actual enume.
■atioii ol the inhabitants of the United
States, the State of Texas shall be entitled
o choose two representative*.
Approved December 29, 1845.
No. 2.]—Joint resolution relative to the
printing and distribution of the annual
estimates.
Resolved by the Senate a n I Ho ise of Rep.
-esentatives of the Unite t S ttes oj America
in Congress assembled, 'I h t it shall be the
July of the Secretary of t iu Treasury to